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 With an appendix containing many valuable records hitherto unpublished 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 31
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You say some persons have a mind to purchase their town lots, we are not as yet of opinion to sell them, they paying us only an acknowledgement, & we desire you to take notice that when any have a mind to buy land of us, they must apply to us, & if we agree wth. them we shall thereupon issue our order under our hands & seales, for your & the rest of our trustees passing a Grant for what wee have sold, for wee have not nor shall not give power to any in Carolina, to sell lands there & pass Grants for it with- out order first obtaind. for it undr. the hand & seal of the Palatine & 2 more of the Lords Prop's., & if any without such order first obtained shall pass any Grant for Land sold, it is voyd in itself, and those that buy are thereby deceived, for we shall allow of no such Grant, we not being bound by it. You must. take the best care you can to prevent the running of Servants & negroes to St. Augustine, & for the getting those again that do run thither. Had the Spaniards been fairly dealt wth. in the business of the Timagoa Indians, we conceive this had not been so much in- couraged by them ; those Indians ought to have been returned to them whosoever had bought them.
As to what the Gov. of St. Augustine saith about his ordrs. not . to let the English come South of St. George, We shall in due time take care therein. We are pleased to hear you have begun to make the people sign the Indentures. We have by this convey- ance sent orders undr. or. hands & seales about the Wharves at Charles Town, weh. we are willing the severall Proprietors sh1. enjoy to their own use, provided they wharve in that part also that is against the end of the Streets, & settle a method for keeping that in constant repair. We have also sent some further Instruc- tions for the method of passing Acts of Parliament weh. you are to observe. We are informed that you have fined a Minister £100 for preaching a seditious sermon, & imprisoned him until he pays it. Now we are told it is more than the man is worth, & that he hath acknowledged his error, Wherefore we w". have you remit it. Fines above men's estates, or so as to leave them not able to live, the law doth not allow of, and are voted a grievance by the Parliament here. As to the unruly behaviour of the Par- liament, if it be for the people's good we are content with it, if it
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be not, the people will see the inconvenience of choosing such men. We wd. not have you call another Parliament until there be an absolute necessity, & that you find the people see their error in the former choice, weh. they will do as soon as they see the danger that threatens them by these men opposing all resolutions. that tend to the quiet & safety of the place.
We rest, Yr. affectte. friends, CRAVEN, Palatine, ASHLEY, P. COLLETON,
JOHN ARCHDALE for THos. ARCHIDALE, THOMAS AMY.
To JAMES COLLETON.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 161. Lords Proprietors to Governor Colleton.
2 December, 1689.
We have by this Conveyance sent a scaled up Commission to be lodged with our Secretary, weh. is to be opened if our present Governor shd. dye or leave the place, and that it shd. so happen that the person named in the scaled up Commission formerly sent be dead or not in Carolina.
We understand that the ground wears away at Charles Town for want of wharfing it, now we are content that every man that hath a lot on the sea shall have liberty to wharve in the Land before his lot in the said Town & take the profit of it to himself, provided that the persons who have the benefit of this our conces- sion, do settle some way amongst them for the wharfing & keeping in constant repair the wharves against the ends of the streets, also so that there may be a wharf for the other Inhabitants to land their goods at wthout charge.
Yon are not to pass any Acts for the raising of money on the Inhabitants of Carolina, unless the major part of the persons chosen by the people that are present in Parliament at the reading such Act give their consent to it.
And if any three Members of Parliament shall protest against any Act that is passing, that is contrary to our Fundamental Constitutions, You are then to proceed in the passing such law as it is in such case provided by the said Constitutions.
You are to cause this our Order to be recorded and filed, and to take notice of it as part of our Instructions for the Government.
Given under our hands and seals, this 24 of December, 1689.
CRAVEN, P'alte. ASHLEY, P. COLLETON,
JOHN ARCHDALE for THOS. ARCHDALE, THOMAS AMY.
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TO JAMES COLLETON, ESQ.,
One of the Landgraves and Governor of that part of our Pro- vince of Carolina that lyes South & West of Cape Feare, & to the Governor for the time being, & our Deputyes.
S. P. O. Nº. CAROLINA. VOL. 3, p. 167.
Lords Proprietors to Andrew Percivall. 18 Oct. 1690.
London, this 18th of Octr., 1690.
Sir,
Wee have received your letter dated 11th of March last, in which you write that it was publishª. by beat of drum in Charles Town, yt. all persons that took lands by former as well as by latter order, & that have not grants for the same must pay arrears. This was never intended by us as you may see by our Instructions for granting of land bearing date 10 May, 1682, which are or ought to be upon record in Carolina. Our pleasure being that all such persons that had pretensions to land before the publishing these our Instructions should not be required to pay the rent until ye time appointed by those our Instructions for granting land, that were in force at ye time of ye arrival of such persons with their servants to plant in Carolina, Our intentions alone being and ever shall be to deale justly & fairly with all men. As to the changing Agrarian Laws, those laws were only an agreement among our- selves how our lands shd. be divided, & to be changed. when we saw reason for it, And wee always made ye terms on which wee granted our lands public, so that every man might know what they were, & if he had dislik'd our terms he might have let or. land alone ; We compelled no man to take it, and as to ye grants by way of Indenture, It is ye manner lands are granted here whereon rent is reserved, & tho' the rent mentioned be 1ª. pr. Acre to avoid disputes, yet we always intended if money were not to be had to take or. rents in Commodities at price courant, & before the rect. of yor. letter had given or. order to or. Recivor. so to do, & if the Inhabitants bee decreasd., We are of opinion if the reason be well inquird. into, it will be found to be the fault of some of the 1st. settlers, who if we are rightly informed have omitted no en- deavours to discourage any people of worth that have come amongst you ; Was not my Lord Cardross & the Scots that came with him affronted by them ? was not there a Cabal held in order to ye discourage, Landgraves Morton & Axtel by whose in- couragement above 500 people arrived in Carolina in less than a month's time ? have not endeavours been used to discourage the French & by keeping things in no settlement, discouragement given to all sober men from coming amongst you or indeed staying with you ?
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We made no alterations in our Constitutions aftr. ye 1st of March, 1669, until desired to do it by some who intended to settle in Carolina, & the alterations made in 1681, gave ye encouragemt. to go there to ye great number that went there in that year & the next, the alterations made afterwards was at the solicitations of the Scots, who intended to have sent 10,000 people there but would not be under ye Governmt. of Ashley River, unless those alterations were made in the Constitutions they desir1. wch. altera- tions gave great satisfaction in many wealthy sober men here, who had intent to transplant themselves to Carolina, & many of which were discouraged from proceeding hearing those Constitutions were refused in Carolina, & had things been settled, We doubt not but there would have been many 1000 men in Carolina more than there is, for wise men & who have any thing will never come into a Country where there is no settled Govermt that frees them from Oppression, for all the alterations in the Constitutions are but further limitations of or. own power, & putting more into the people's or their representatives, as yourself may see if you will but take the pains to read the severall Constitutions.
We have been informd. that a law for raising of powder being proposd. the Parliament refus1. to pass it, unless they might insert some untrue reflexions upon us, & in ye name of Jas. Colleton, Esqr., without his quality of Governor; This Act had been in itself illegal if so passed, for power by the Charter is given to us by name, our Heirs, &c., to pass laws, they onght all to pass in or. names as hath been formerly used, & because the men that pro- posed this irregular course were not humour'd in it they would pass no law at all, & leave the Country to be over-run by either Indians or French, & in this necessity the Govr. thought fit to publish Articles of War, that care might be taken the honest well minded people might not be ruined by the perseverance of ors., By or. Charter from the Crown power is given to us to exercise Mar- tial Law, We shall not presume to say Magna Charta is or is not in force in America before that point be determined here it being disputed, nor shall We be so presumptuous as to determine the King's prerogative, & say the King could not give us power to exercise Martial Law in Carolina, But since all Patents must pass the Attorney or Solicitor General, ye Privy & Great Seales, & that if any of those Officers pass any thing against law they are questionable for it, We conceive they wd. not have inserted or pass". this powr, unless they had been well assured the King by law had power to grant it; But sure we are we shall never make use of this power, but in the greatest extremity ; We think the Order of Council passed 26 Feby., 1689-90, ordaining all men to appeare, &c., to be a very good order & may be sufficient if you assist in it, to oblige all men to appeare wth. their arms when com- manded so to do by their Officers, & if any refuse they may be indicted & punished, but if this will not do, wd. you be content
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to have your person and estate exposed to any small number that invade you either of Indians or French.
Mr. Percival, God hath blest you with a very good Estate in Carolina, but the courses that some Men in Carolina take, will certainly put it in a great hazard to be lost, for we cannot with a good conscience as things stand, advise any man to come amongst you for we value or. honor before any thing we have in Carolina, We have a value for you as a sober industrious man, & shall be very ready to do you any kindness that is in the power of
Your very affectionate friends, CRAVEN, Palatine, P. COLLETON.
To
Andrew Percival, Esqr.
S. P. O. Nº. CAROLINA, B. T., VOL, 3, p. 180.
Lords Proprietors of Carolina to the Grand Council of South Carolina. 13 May, 1691.
London, this 13th of May, 1691.
There hath been sent us a Paper signed by Andrew Percivall, Robert Quary, Ralph Izzard, George Muschamp, John Berris- ford, and John Harris, and findeing by the st. paper as alsoe by Mr. Sothell's letters accompanyeing it, that there is intentions to send two persons to us to informe us at large of all matters, Wee shall forbeare to answer all ye particulers contained in the s'. paper untill wee have heard what the sd. persons have to say, But wee think fit at present to let you know the constitutions so called and dated the 21 of July, 1669, Wee doe not, nor cannot owne as ours, or ever intended to be made use of as such by us, nor was there ever any alterations made in any of the Constitu- tions, but for the greater security of the people of Carolina from oppression, either by ourselves or our officers, as any one that will please to peruse the severall alterations may plainely perceive ; the last in date still boundeing our owne power most, & putting more into the hands of the people, and weh. alterations were made to noe other intent but to invite people to goe there that yor. . strength and security might be increased, and great numbers of peoples invited by the amendi's. wee had made in our Constitu- tions had come to you from all parts of the world had not newes come from Carolina, that the alterations so much liked here were rejected in Carolina, and the Lord Cardross and others affronted and barbarously used the first day of their landing in Carolina, by those very men that promoted the rejection of the amendments, they gave over their thought of goeing to Carolina, weh. is the
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true reason so few have come to you since but the French, for the Scotch did agree to pay us a peny pr. aere ecrtain, and take their grants according to our forme, as their contract with us, weh. yon have in Carolina will make apeare, and that demonstrates that it is not the forme of our Grants makes men forbeare going to Carolina, for the forme of our Grants were publiquely shewed here, weh. discouraged noe man, nor will people come there untill things are better settled, nor ean wee wth. honor or a good eon- scienee invite men to come amongst yon, for wee will not deale disingeniousely wth. any man upon any consideration whatsoever, nor, if wee would, have wee power to compell men to come and live, and continue under a govermt. they do not like, or amongst persons the unquietness of whose tempers will allow of no peaee or settlemt. Men will dye in Carolina for some time faster than they are borne or grow up, and if none come to you yor. numbers will by degrees be soe diminished that you will be easily cut off by the Indians or pyrats, weh. we leave to be considered by you, that you may know the consequence of hearkneing to men of unquiet and factious spirits.
We are informed there are some men in Carolina that pretend to have power to dispose of our land in another forme than wec have preseribed, and also to sell our Lands, & receive ye money for it, and alsoe our rents. To prevent people being deluded in this matter, and compelld. to pay money twice, Wee require you to publish that wee allow of noe grants or conveyances of Land, but such as shall be by the persons by us intrusted, and in the forme by us preseribed for that purpose by our Deed, under our hands and scales, beareing date the 19th of Novr., 1689, nor shall wee allow of any acquitances for rent, or other money due to us, but for such money as shall be paid to Paul Grimball, Esqr., who is the onely person intrusted by us to receive our rents or other moneys that are or shall become due to us in Carolina.
Wee did the last year send our orders to our sª. Receiver to take our rents in pecces of eight, or where that was not to be had in the productions .of the countrey, as it will apeare by our sd. orders to that purpose by this Ship, least the former may have miscarryed. Our intentions haveing always been not to put hardships on our Tenants, or to require impossibilitys from them ; nor had wee thought of changeing the forme of our Grants, had Wee not been well assured that the unquiet factious men amongst you gave out they would perswade the people not to pay us but at their own will and pleasures, unless they might be in such Offices as they desired, by whose cuning Insinuations some weak and unprincipled men might have been wrought upon to beleeve them, weh. might have created misunderstandings between us and the Inhabitants, weh. can never sute with the prosperity or safety in Carolina. It being a good correspondence between the Proptors, and the Inhabitants, that will encourage others to come
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to you, and must make that Countrey prosper and increase, to wch. wee shall be always ready to contribute all that wee can with yor. safety and our owne honours.
Wee have been long sensible of the Jealousys and heart-burn- ings occasioned among the principall Inhabitants of Carolina by their endeavors to have more trade with the Indians than their Neighbours, and weh. hath often hazarded the peace and well being of the Settlement, Wherefore wee should be glad to receive from you for our Confirmation, a draught of a Law for the regu- lateing of that Trade pennd. in such maner as it might secure the peace of the Settlement, and yet leave all men at liberty to have an equall share and advantage of the Trade.
Wee rest Yor. affectionate Friends,
CRAVEN, Palatine, ASHLEY, CARTERET,
P. COLLETON, JOHN ARCHIDALE, for THOS. ARCHIDALE, THOS. AMY.
WW
To our Grand Council of that part of our Province of Carolina that lyes South & West of Cape Feare.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 179.
Lords Pro". of Carolina to Seth Sothell. 13 May, 1691.
London, this 13th May, 1691.
Sr Wee are informed that you have by force taken all ye records of Carolina out of ye hands of Mr. Grimball, our Secretary, although ye sd. Grimball was comissionated by us to be Secretary under our hands and the great seale of our Province. In weh. maner wee found it absolutely necessary to have our Secretary comissioned, that he being an Officer of the greatest trust in the Govermt., next to the Govr., might have his dependance on the Proptors. in generall, who are answerable to the King for the good or evill Govermt. of his Subjects, and untill wee had thus Commissioned Mr. Grimball, Wee could never have the copies of those Records and Papers as were necessary to enable us to satisfy ye King in such matter as he had or might inquire of us. Wherefore we must adhere to haveing our Secretary intirely dependant on the Proptors. in generall. Wee are also informed that you have imprisoned the the s'. Grimball, because he would not deliver unto you the records and seale, with the custody of weh. he is particularly intrusted by us, for the scaleing Grants for Land ; onely this Imprisonment, if
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it be as we have heard, is Illegall and so arbitrary and tyrannicall and in so much contempt of our authority, wee doe not well know how to beleeve it. But that wee may know the certain truth of these matters, Wee have impowered Landgrave James Colleton, Tho. Smith, Stephen Bull, Ralph Izard, and John Farr, Esqrs., to make inquiry upon oath, and certify to us how they find it, and withall to take duplicates of the depositions of the Witnesses, and send them to us, that Wee, ourselves, may bee satisfyed their report of this matter is without prejudice or partiality to any party. And wee doe hereby charge and require you to restore the records and seales to the said Grimball, If it be true that you have dispossest him of them, and to suffer him quietly to execute and enjoy the place of Secretary weh. wee have conferrd. on him.
Wee are alsoe informed that you have put Mr. Skenking out from being Chief Judge or Sheriff of Berkly County, and have comissioned Mr. Quary for the sd, place, a person by us ordred to be put out from being Secretary, for receiveing of Pyratts whilst he acted as Governor, (without any authority from us,) and other his Misdemeanours, while he was Secretary. Wee have heard no complaints of Mr. Skenking for injustice or opression, and wee think it is not for the King's service or our owne honor to have a man turned out of imployment who hath behaved himself faithfully therein. And it being the Proprietors in generall that are re- sponsable to the King for any failure of justice in Carolina, that Judges may not be to much in the power of any Governor, but may without danger of being turned out, doe justice equally be- tween any man in power in Carolina, and any other of the Inha- bitants, Wee have thought fitt to reserve to ourselves the power of apointeing Judges or Sheriff's of Countys, and have now sent a Comission, under our great seale, to Mr. Skenking, to be Cheef Judge or Sheriff of Berkly County, whom wee require you to per- mitt quietly to execute that office, who wee hope and are con- fident will doe equall justice to all men, whereby the people, to avoid being ruined, may not be compelled to doe as they did at Albemarle.
Wee rest,
Yor. affectionate Friends,
CRAVEN, Palatine, ASIILEY, CARTERET,
I'. COLLETON, JOHN ARCHDALE, for THO. ARCHDALE, THIO. AMY.
TO SETH SOTHELL, Esq.
2 B
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EARLY HISTORY OF SOUTHI CAROLINA.
S. P. O. Nº. CAROLINA, B. T., VOL. I.
To the Right Honorable Seth Sothell, One of the Lords and abso- lute Proprieters of the Province of Carrolena,-Chanceller, Governor and Comander in Cheefe of all theire Majestes Forces in the said Province.
Right Honorable,
Please to admitt of an address which, though itt containes little elce besides the relation of those mistakes web. usually attend affaires transacted at a thousand leagues, and the uneasiness all- wayes subsequent thereto, yett at this time is the happy result of yor. Hon's, arrivall into this part of this Province, for the reave- rence and fidelity which we sacredly owe to all the Loards and absolute Proprietors of this Province, and the certaine knowledge we had yt. thaier Lordships in generall ware neaver rightly informed of their affaires here, hath now, for many yeares, encoraged us to a patience under weh. we have not permitted ourselves, even to sighth soe loud as to be heard by their Lordships; yett, over- joyed with your presence, we are of a suddaine full of hopes, yt. all which is amiss will be amended, and those miserable disquietudes and uncertaintyes wch. we have labored under, will be no more heard of, except in the method the Lords Propriet's. shall be pleased to use in the ablution of them. The age of the story we are to tell and the variety of matter, will not admitt of a very short discourse, but we shall industerously avoyd prolixity and pharaphrase, & shall onely give a trew and plaine narative of affaires which, wee hope like things demonstrative to the seences, . will, at first sight, sufficiently express y' knowledge of the malady we would have cured. And we, in most humble manner, beg the favor of yr Hon'. to peruse this paper y'selfe, and send it his Exceley., the Pallatine, & every other of the Lords Proprietors singly, with such advantage to this Country, & such candor and favor as yor. Honnor hath soe often, since your arrivall here, given us reason to expect from your goodness. Bee pleased, therefore, to be informed that in the Yeare 1669 the Right Honble., the Lords & absolute Propriet's. of this Province did encorage, by seaverall galious consessions, seaverall people to come in their Vessells, provided by them, to inhabitt this part of their province, [Ashley River] and wth. the said people, did send one Commission under their hands and ye greate scale of the Province, dated the 26th day of July, 1669, directed to Col. William Saile, Governor, & others, his Chancellers & Assistantes, with Instructions allsoc for Government annexed to ye same, yt. their Lordships did allsoe send wth. the said Commission and Instructions, Fundamental Lawes, Constitucons under the hands & Scales of six of their Lordshipps, and beareing date the 21st. day of July, '69, as the
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unalterable forme & rule of Government for ever, for their Pro- vince of Carrolina & the Inhabitants thereof, and the Governor and Councillers are five times refered to the same in the said Commission and Instructions, and farther to induce those fundmentall Constitucions, which ware fairly engrossed in parchment, and signed and scaled as aforesaid, by a higher and more sacred and solemne manner then any article in them did require, and then hath since been prescribed upon the proposall of any other Lawes or Fundamentall Constitucions whatsoever, all persons were required by the said forementioned Institucions to sweare submission to the said Fundamentall Constitutions before they could be admitted to take up Lands or have ye Honnor of beinge Comoners, of the grand Councell ; and seaverall hundred of the people arriveing here, did sweare accordingly. Wee are the more exact in this relation because it hath been of greatest moment wth. us here, and because, to our greatest admiration, wee have seen a letter read in Parlia- ment ye 14th day of Feby. 1687, dated ye 3rd. of March, 1686-7, & signed by their Lordsps., the Earle of Craven, the Lord of Bath for the Lord Carterett, his late Grace, the Duke of Albe- marle, & Sr. Peter Colleton, weh. utterly denyed the said Funda- mentall Constitutions, declaringe them to be but a Coppy of an imperfect Originall, & much more, wch. wee are not willinge to write, nor will we here answer the particulars, in all weh. their L'ships are misinformed, least we should seem to love contention, while our designe & humble supplication is wholy to desire the Lords Proprietrs. to be rightly informed, and in this case we shall doe noe more but humbly refer yor. Honr. & their Lodsp to the records in the Secretary's office, weh. will (we doubt not) plainly shew yt. nothinge betweene the Lords Propriet's. & the people hath been transacted soe sacredly and wth. soe mutch solemne caution on their Lordsps. parts as this affaire of the fundamentall constitutions dated the 21st. day of July, 1669, & how many soever of their Lasps. signed & sealed any other Constitutions in England none ware ever publickly seen here subscribed & sealed wth. more hands & seales then those, & (allwayes reaservinge the respect and honnor yt. is due from us to each particular Loard Propriet". ) we humbly take notice that his Grace, the Duke of Albemarle and the Earle of Bath weare not concerned in the propriety of this Pro- vince when those fundamental Constitutions ware made & his Excellency, the Earle of Craven, hath allwayes been obleidged to attend the grate affaires of the kingdome soe neare the Royall Throne That it is not rationall to beleive that his Lop can remember such sort of particulars as are sett downe in yt. Lettr. for neare twenty yeares togeather, and wee are alsoe assured that his Lep keepes not the Secretaryes office or indieted the Lettor and therefore we leave this matter to be adjusted (if now any occasion remaines) by the records of the Grand Councell here, and the whole circumstances of the matter duly related.
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