V- ^a ' .■^ o V '^r. * :' % ^\v'\ V ^^ % V ,.^^ % A A^ V,4* .^' COMMISSIONS and INSTRUCTIONS FROM THE Lords Proprietors of Carolina TO Public Officials of South Carolina 1685-1715 EDITED BY A. S. SALLEY, JR., Secretary of the Historical Commission of South Carolina Printed for The Historical Commission of South Carolina by The State Co., Columbia, S. C. 1916 4'X Anno Dom One thousand six hundred Eighty five Direct our Governor and Dep*'^^ for the time being to cause to be admeasured out and pass Grants to Arnald Bruneau Esq'', his Heires and assig"^*. for Ever for the like quantity of Land and Avhereas wee are Informed there is some doubt whether the said Lands were intended by us to be granted to them Rent free; wee doe hereby Signify That the said Lands were a ffree Guift from us to the said Mons''. Genillat and Mons"", Bruneau and are to be granted without reserveing any other Eight then one Eare of Indien Corne when Lawfully Demanded : Of which you are take notice and pass the Grants accordingly X Given under Our hands and Seales this fourteenth day of July anno Dom one thousand six hundred Eighty and Seaven Craven Pallt"X (Seale) Bathe for y^. Lord Carteret (Seale) P Colleton (Seale) Tho Amy (Seale) William Earle of Craven Lord Viscount Craven Baron of Hamstead, Marshall, Lord Lieutenant of the County Midle- sex and Borough of Southwarke one of the Lords of his Maties Most Hon^'^ Privie Councill L*. Generall of all his Maties forces Palatine And the Rest of the true and Abso- lute Lords and Prop" X of Carolina To James Colleton Esq"" one of the Landgraves of Carolina Landgrave Joseph West and Rest of our Trustees ffor Granting Land in Carolina Whereas Wee" have received (on a Bill of Exchange drawn by M"". James Boyd on M"". Peter D'Albert) the sum of thirty one Pounds and Six Shillings being the purchase money for Six hundred and twenty Six Acres of Land in Carolina You are to pass Grants to him for the said Six hundred and twenty Six acres of Land according to the forme Wee have directed for Land Sold And which Land is to be Layd out and bounded according to our Rules and Instructions in force for Granting Land For which this Our Order which are to Record and ffile shall be your Warrant Given Under Our hands and Seales this 13'^. day of July anno Dom : 1687 Craven Palatine (Seale) Bath for y^. Lord Cartret (Seale) Peter Colleton (Seale) Tho Amy (Seale) William Earle of Craven Lord Viscount Craven Baron of Hamstead Marshall Palatine and the rest of the true and absolute Lords and Proprietors of the Province of Carolina To Our Trusty and well beloved Collonell Phillip Ludwell Governor of our Province of Carolina/ Wee the sayd absolute Lords and Proprietors of the Prov- ince aforesayd reposing specially Trust and confidence in y^ Courage Loyalt^ and prudence of you our sayd Governor Doe hereby Constitute and appoint you the sayd Collonell Phillip Ludwell during our pleasure Governor of our Province of Caro- lina and you are to doe and execute all things in due maner that Shall belong to your Command or the Trust wee have reposed in you according to the severall powers and directions granted and appointed you by this present Comission and our Instructions and by such further powers and Instructions as Shall at any time hereafter be granted and appointed you under our hands and Seales according to such reasonable Laws and Statutes as alreadye have been ratifyed and confirmed by us or hereafter shall be made and agreed upon by you with the advice and Consent of the Councill and Generall Assembly of our Province of Carolina or any part thereof wherein there is a distinct Government appointed by us according to the methode and forme appointed by Our Instructions herewith given you And wee doe hereby appoint and Impowre you Our sayd Governor to be Comander in Chiefe of all the forces raised or to be raised within our sayd Province and over them to appoint Officers and them to remove at your pleasure, and to cause the sayd forces to be exercised in amies as often as you shall See fitt, and to doe all other thing & things that to the Office of a Captaine Generall or Comander in Chief doth belong And wee doe hereby give and grant unto you full power and authoritye by and with the advice and Consent of any Three or more of our Deputj^es to erect and establish such and so many Courts of Judicature and publique Justice as you Shall think fitt and necessary for the hearing and determining of all Causes as well Criminall as Civill according to law and equitye and for awarding execution thereupon and to appoint Judges and Magis- trates for that purpose and Such other Magistrates as to you and any three or more of our Deputyes Shall seeme meet Given under 6 our hands and Seales this Eight day of Nov''^'"=: One Thousand six hundred and ninetj'e one Craven Pallatine * A Ashley John Archdale * for Tho: Archdale Casteret P Colleton Tho: Amy - Recorded y^ 23^ : of Aprill 1692/ me J : Hobson William Earle of Craven Lord Viscount Craven Baron of Hamstead Marshall Pallatine of the Province of Carolina To Collonell Phillipp Ludwell Governor of Carolina/ Whereas It is agreed by the Lords Proprietors of the said Province That the Palatine should name the Governour I out of the trust and Confidence I have of the wisdome prudence Litegritye and Loyaltye of you Collonell Phillip Ludwell Doe hereby nominate Constitute and appoint you the sayd Collonell Phillipp Ludwell to be Governor and Comander in Chief of Carolina with full poAver and authoritye to doe, act and execute all such Jurisdictions and powers as by virtue of the Rules of Government and Instructions Given by myself and the rest of the Lord Proprietors of the said Province a Governor is to doe and exercise, and you are to follow such Instructions as are here- ■svith given you or that 3-ou shall hereafter from time to time receive from my self and the rest of the Lord Proprietors of the sayd Province and thus to Continue during my jDleasure Given under my hand and Seale this Second day of November: One Thousand six hundred and Ninetye One/ Craven Pallatine (seale) Recorded y^ : 23^ : of Aprill 1692 ^ me J Hobson Anthony Lord Ashley one of the true and absohite Lords and Proprietors of the Province of Carolina To Stephen Bull Esq^^ Whereas each of the Lords Proprietors hath power to make a Deputye to be his Representative in Parlia- ment and in the Grand Councill and to have and exercise other powers and rights in the absence of the Deputator out of Carolina as by our tFundamentall Constitutions and Instructions more fully doth appeare I out of the Trust & Confidence I have in the wisdome prudence and Integritye of you Stephen Bull doe hereby Constitute and appoint you the sayd Stephen Bull my Deputye in Carolina with full power to act as in our ffundamentall Con- stitutions Temporary Lawes and Instructions is or by farther Instructions Shall be provided Witness my hand and seale the 93d of 7b"= 1691/ A Ashley (seale) Recorded y« 23^ : of Aprill 1692 ^ me J Hobson George Lord Carteret one of the true and absolute Lords & Proprietors of the Province of Carolina To Paule Grimball Esq'/ Whereas by our Instructions or Rules for the Government of Carolina It is appointed that each of the Lords Proprietors shall appoint a Deputye I out of the trust and confidence I have in the prudence and Integritye of you Paull Grimball Doe hereby Constitute and appoint you the sayd Paull Grimball my Deputy in that part of the Province of Carolina that lyes South and West of Cape ffear with full power and authoritye to act and doe those things that to a Proprietors Dep- uty doth belong Given under my hand and Seale this Eight day ofDecber^ 1691/ Carteret (seale) Recorded y^ : 23<^ : of Aprill 1692— ^ me J Hobson 8 Thomas Amy Esq''= one of the true Lords and absolute Proprietors of Carolina To Thomas Smith Esq"^ Whereas each of the Lords Proprietors hath power to make a deputy to be his Representative in Parliam^^ and in the Grand Couneill and to have and exercise other powers and rights in the absence of the y^ : Deputator out of Carolina as by our ffundamentall Constitutions and Instructions more fully doth appeare I out of the trust and Confidence I have in the wis- dome prudence and Integritye of you Thomas Smith Doe hereby constitute and appoint you the said Thomas Smith my Deputy in Carolina with full power to act as in our ffundamentall Constitu- tions temporary Lawes and Instructions is or by farther Instruc- tions hereafter Shall be provided Witness my hand and Scale this 22d of Sepber= 1(391/ Tho Amy (scale) Recorded y^ 23^ of Aprill 1692 ^ me J Ilobson John Archdale Esq'^= Guardian to Thomas Archdale one of the tme and absolute Lords and Pro- prietors of the Province of Caro- lina To Richard Conant Esq'' AMiereas by the Instructions or Rules of Gov- ernm* of Carolina It is appointed that each Guardian to a Proprietor shall appoint a Deputy I out of the Trust and con- fidence I have in the prudence and Integrity of you Richard Conant Doe hereby Constitute and appoint you the said Richard Conant my Deputy in Carolina with power and authority to act and doe those things that to a Proprietors Deputy doth belong Given under my hand and scale this tenth day of November 1691/ John Archdale (seale) for Tho: Archdale 9 S''^: Peter Colleton Baronet one of the true and absolute Lords and Proprie- tors of the Province of Carolina To Joseph Blake Esq"" Whereas by our Instructions or Rules for the Gov- ernm' of Carolina It is appointed that each of the Lords Proprie- tors shall appoint a Deputye I out of the trust and Confidence I have in the prudence wisdome and Integritye of you Joseph Blake Do hereby constitute and appoint you the sayd Joseph Blake my Deputye in that part of the Province of Carolina that lyes South and West of the Cape ffear with power and Authority to act and doe those things that to a Proprietors Deputye doth belong Given under my hand and Seale this 2^ day of December 1691/ P Colleton (seale) Recorded y^: 23^: of Aprill 1692 ^ me J Hobson Instructions for Collonell Phillipp Ludwell Governor of Carolina 1 AVee The Lords Proprietors have agreed That the Eldest of the Lords Proprietors and that was Proprietor the first of March One Thousand Six hundred and Sixtye nine Shall be Pallatine 2 But after the decease of them and before the year One Thou- sand Seaven hundred Hee that hath been longest a Proprietor and hath payd the full proportion with the rest for setling the Province Shall be Palatine But after the year One Thousand Seaven hundred, the eldest of the then Lords Proprietors and who hath payd as aforesaid Shall be Palatine 3 It is alsoe agreed that there Shall be seaven other great Offices Erected (viz'r^) Admirall Chamberline Constable Chief Justice Chancellor High Steward and Treasurer to be Injoyed by none but the Proprietors and that upon the vacancye of any of these Offices the Eldest of the Proprietors that was Propt'>'-= the ffirst of March One Thousand Six hundred and Sixtye nine shall have his Choice and after the Decease of those hee that hath been longest Prop'"'^^ and hath payd his full portion of money that hath been expended in the setlement of the Province but after the vear One Thousand seaven hundred the Eldest man of the 10 then Lords Prop*°"^ and that hath payd his money as above Shall then have his choice 4 The eldest of those Prop'°'^= that were so the first of March One Thousand six hundred and sixtye nine that Shall be in Caro- lina and hath payd his full proportion of the money expended by the Lords Prop'^'^^^ Shall of course be the Palatines Deputye unless the Palatine and Three more of the Lords Prop'°'^sr= Shall otherwise direct under their hands and seales 5 The Palatine is to name the Governor and the Admirall the Marshall of the Admiraltye the Chamberline Register of Births and Marriages the Constable the Marshall of the Regiments The Chief Justice the Register of Writeings and Contracts, the high Steward the Surveyor of Land the Chancellor the Ser- geant at amies attending the Chancery and upon any mans pro- duceing a Comission from any of the Lords Prop*°":= under his hand and scale from any office in that Propto''s= disposall you are to admit the person so Comissioned to the Execution of the sayd office 6 ffor as much as it is of great securitye to the Inhabitants of Carolina that no ill or unjust man be in so great a Trust in the Governm' as a Prop*°'^^= Deputye any Deputy of a Lord Pro- prietor howsoever Constituted Shall cease to be a Deputye when the Palatine and three more of the Lords Prop*°"= Shall under their hands and seales so order and direct 7 ffor as much as it may be very mischievous to the Inhabitants of our Province to have any Governor Deputy or any officer in the Choice of the respective Prop^o^rr: not in the power of the Palatine and Prop*°"=: to be removed when hee Shall act unjustly or contrary to Law and to the oppression of the people or contrary to the peace or quiet or securitye of the setlem^ any Governor whether one of the Lords Prop'°'^*= or other is to cease to be Governor whenever the Palatine and three more of the Pi>Qptors— ghall under their hands and seales signifye it to be their pleasure and so direct when any six of the Propt°"= or their Guardians if under age Shall under their hands and seales so direct although the Palatine be not one of them 8 Upon the death of any of the Lords Propt°'"*= you are not to admitt any person to any office that was in that Proprietors dis- posall who is dead by virtue of a Comission from another PpQptor-- vmtill the Palatine and three more of the Lords Pj.Qptors— have certifyed under their hands and seales that Such Prop^°'^= hath right to and is admitted into the place of that 11 Prop'°''= who is deceased and had dureing his life time poAvers of disposeing of the said place 9 "Wee have alsoe agreed that each of the Lords Prop^°"= shall nominate or appoint a Deputye under his hand and seale to be Recorded in Secretarys Office in Carolina 10 The Lords Prop*°''^== Depties are to be your Councill — If it shall happen That any of the Lords Propt'^"= Deputys shall by death or dej^arture out of Carolina cease to be a Deputy That there may not be a failure in the Governm^ for want of a due number of Proprietors Deputys You our Governor and the rest of our Deputys who are soe by Deputation under the hand and seale of the Prop*"''^^ are by Majoritye of votes Given by Ballot to choose a person to be a Deputye for that Prop*°"'= whose Deputye is dead or departed the Province who shall Con- tinue to be a Deputye and have the same power as our other Deputys unless in electing Deputys untill that Prop^°''= shall under his hand and seale have appointed another Deputye 11 You our sayd Governor are by and with the consent of any three or more of our Deputys testifyed by their signeing the Comission and where wee ourselves have not appointed or shall not appoint a person or persons for the sayd Office to constitute a Chief Judge by the name of a Sheriff with ffour Justices for the tryall of Causes in any of the Countys that have ffiftye ffree- holders qualifyed to serve on Juryes which Sheriffe and Justices are to take an oath If free to sweare for the due Administration of Justice 12 Untill any Countye have a Court erected in it the Causes of the — Inhabitants of that Countye shall be tryed in that Countye that lyes next to them and where a County Court is already appointed and the Inhabitants of such County may serve as Jurymen in the next Countye untill a Court be erected in the County where they reside 13 All processes and actions to be tryed in the County Courts and Plense &c shall be entred and Records kept of them by the Cleark of that County Court where the action is to be tryed the Clearks of the Respective County Courts shall be appointed by the chief Judge or Sheriffe which Clearks are to be sworn for the due execution of his Office and give security by his own bond/ 14 You arc by and with the consent of our Deputys to appoint a Marshall to each County who is to execute all Writts and Execu- tions Issueingf from the said Court 12 15 All process Writts and Executions Issueing in actions or Causes to be tryed before yourself and our Deputy s shall be served and Executed by the Provost Marshall All actions please and so forth to be tryed before yourself and our Deputy s are to be entred by the Secretary by us appointed and records thereof kept by him 16 Yourself and our Deputys are to hear and determine of Writts of Error from the Inferior County Courts and to be the Court of Chancery untill wee shall otherwise direct 17 You and our Deputys are to hear and determine all Causes Criminall and Judgments thereon to give and Execution thereon to award according to Law and as often as yourself and any three or more of our Deputys shall think fitt You are alsoe hereby Impowred to grant Comissions to Such other persons as your- self or any three or more of our Deputys shall think fitt to hear and determine all Causes Criminall and Judgments thereon to give and Execution to award according to Law 18 And if it Shall appear to you that any person found guiltye is a fitt object of mercy you are by and with the consent of any three or more of our Deputys to stopp Execution and reprieve the said person and then you are forthwith to send us a copye of the Indictments and an accompt of the proofes against the said per- son and the reasons why you think him worthy of Mercy 19 What other Officers you our said Governor and our Deputys shall find necessary for the better administration of Justice and carrying on the Government and for which office no person is before Comissioned by us or provision made, you are with con- sent of our Deputys to grant Comissions for in our name and under the little seale appointed for the use of the Government in Carolina to be inforce untill it shall be otherwise directed by the Palatine and three more of the Lords Proprietors under their hands and seales or a Comission by them granted to Some other for the said place under the great seale of the Province you are to grant no Comission but dureing pleasure onely 20 And whereas power is Given unto us y^ Lords Proprietors by virtue of our Letters Patents from y^ Crown to make ordeine and Enact and under our seales to publish Laws for the better Government of the said Province by and with the advice and consent and apj^robation of the ffreemen of the said Province or their Delegates or the Major part of them in order there unto to assemble them In Such maner and forme as to us the Lords Pro- 13 prietors shall seeme best, You are with the consent of any three or more of our Deputys when ever you Shall think there is need of any Laws for the better and more peaceable Governm* of the Inhabitants of our Province In our names to Issue Writts to the Sheriffs of the Respective Countys to choose Twentye Delegates for the ffreemen of Carolina (viz*) ffive for Albemarle Countye, ffive for Berkley Countye fRve for Colleton Countye, and ffive for Craven County to meet and assemble In such place and att such time as you and any three or more of our Deputys shall think fitt to give their advice assent and approbation to such Laws as Shall be thought reasonable to be Enacted for the better Governm' l^eace and welfare of the said Province, Always provideds^hat the said Laws be not repugnant to the Laws of England 21 And That there may be no dispute about the bounds of Countys Wee have thought fitt to appoint that the bounds of Albemarle County be from the great river called Albemarle river on Roan- eoake river to Virginia That the bounds of Craven County be from Sewee Twenty three miles to the North East along the Shoare and from thence Thirty ffive miles in a Northwest Lin© into the Land That the bounds of Berkley County be Sewee on the North- east and so along the Sea to Stonoh River to the Southwest and Thirty ffive miles back into the Land from the Sea 22 And that the bounds of Colleton County be Stonoh River on the northeast and Combehe on the Southwest and thirty five miles into the Land in a Streight Line from the Sea, and where the River's nominated form the Northeast and Southwest bounds of any Countys doe not extend full thirty five miles from the sea in a streight line the bounds of the Said Countys are to be streight Lines run from the heads of the said rivers untill it meet with the Northwest bounds of the said County which is to be thirty five miles from the sea and no more 23 The Countys farther up than thirty five miles from the sea shall have the same Rivers for their bounds if they run so farr up, but if the rivers run not so far then a line runing Northwest shall be extended thirty five miles farther into the Land then the northwest bounds of the County next the sea which Lines runing northwest Shall be The northeast and Southwest bounds of the said Countys 24 And when any County shall make it appear That by Grants Registred in the Registers Office that there is in that Countye ffortv ffreeholders You are then to Issue Writs to the Sheriff of 14 the said County for the chooseing of ffour Delegates to represent in the Assembly the ffreemen of that County, and then you are to Issue Writts to the forenamed Countys for the choice of ffour Delegates for each County onely 25 And as other Countys come to be planted and make it appeare there is fforty ffreeholders in the County You are to Issue Writts in Such Countys for the choice of four Delegates also to repre- sent them in the generall assembly of the ffreemen of the Province And before any County have fforty ffreeholders so as to have Writts directed to it for the Choice of Representatives for the County they reside in, they are to give their Votes for the Choice of Delegates in the County next to them that is qualifved to choose Delegates 26 At the same that you issue Writts for the choice of Dele- gates for the County You are to send Writts in our names to each of the Landgraves and Cassiques in Carolina to Convene and give their advice and Consent to the passing of such Laws as Shall be thought reasonable, and the Landgraves are to sitt together with our Deputys 27 With the advice and Consent of our Deputys and y^ Land- graves and Cassiques and Delegates of the ffreemen thus assem- bled or the Major part of them you are to make ordaine & Enact Such laws as shall be thought necessary for the better Governm* of our Province but to be ratifved by yourself and three or more of our Deputys under their hands and Seales in presence of the Landgraves and Cassiques and Delegates of the Countys before such acts be pul)lished or allowed to be Laws A\niich laws so past are to Continue in force for Two yeares and no longer unless within that time they are ratifyed and Confirmed under the hands and Seales of the Palatine and three or more of the Lords Proprietors themselves by their orders published in the Generall Assembly 28 Any Law so past before it hath been ratifyed under the hands and Seales of the Palatine himself and three more of the Lords Proprietors themselves under their hands and Seales and by their order published in the Generall Assembly of the Land- graves and Cassiques and Delegates for the Countys shall cease to be a Law whenever the Palatine and three more of the Lords Proprietors signifye their dissent to it under their hand and Seales 15 29 You are constantly to transmitt to us all Laws past as soone as possible 30 You our Governor are by and with the consent and advice of any three or more of our Deputys to adjourne Prorogue and dis- solve the gene rail assembly so often as you shall think it requisite so to doe 31 Wee having long since thought fitt to take all the Indyans resideing within ffour hundred miles of Charles Towne into our Protection as Subjects to the Monarchy of England You are not to Suffer any of them to be sent away from Carolina 32 You our said Governor are to be Comander of all the forces raised or to be raised within the Limitts of your Government over whome you are to place Officers and them remove at your pleasure and to cause the said forces to be duely exercised in armes and to doe all other things that to a Comander in Chief doth belong 33 You our said Governor are to direct the meetings of our Deputyes as often as you Shall think fitt 34 If you our said Governor Should happen to dye or depart the Province or any otherways be out of the Governm' and no person on the place Comissioned by the Palatine or us the Lords Pro- priet""^ Our will and pleasure is That the Proprietors Deputys who are under hands and seales of the Proprietors shall choose one of the Landgraves to be Governor if any Landgrave be then in Carolina and against whome there is no objection, and if there be any objection against the sayd Landgraves being Governor they transmitt the said objection to us But if there be no Landgrave in Carolina against whome there is no objection That then those our Deputys are hereby impowered to choose one of those our Dej^utys Avho is so by virtue of a Depu- tation under the hand and seale of a Proprietor to be Governor untill another shall be appointed by the Palatine, and if there be no deputy who hath a Deputation under the hand and Seale of a Proprietor That then the Deputys may choose one of those Deputys put in by the Governor to be Governor as aforesaid 35 You are to be very carefull not to Suffer any of the Inhab- itants of our Province to Comitt any acts of hostility against the Spanyards 36 You are to suffer no fines to be Layd on any one for misde- meanors by them Comited but to our use the fines so layd being our Right, 10 37 You our said Governor upon any misdeameanor Comitted are by and with the consent of any three or more of our Deputys to Suspend any officer in Carolina put in by any of the Proprie- tors Except our Deputys and our Receiver Generall, and place another to execute the said office in his roome untill our pleasure be knowne and while the said office is executed by another hee that soe shall execute the said office is to keep an accompt of the profitts of the said office and be responsible to the party who is so Suspended for the profits of the sayd Office if wee ourselves shall think fit to restore him and so direct And you are to send us the reason of such Suspension That wee ourselves may be Inabled to Judge if there be sufficient Cause for yo'^ so doing and what the said party doth alleadge for himself 38 Any officer put in by any of the Proprietors if hee execute the said Office by a Deputy is to take such Deputy as you our Gov- ernor and our Deputys shall approve of and no other 39 You are to take all Imaginable care to see the acts of Trade and Navigation duely observed 40 You are to use your utmost endeavour to seize any Pyrates that Shall come to Carolina and you are to prosecute all such as shall presume to trade with them or have any Comerce with them contrary to Law to all the utmost rigor the Law allowes 41 In all the matters not limitted or provided for by these our Instructions You our sayd Governor are by and with the consent of any three or more of our Deputys to make such orders from time to time for the peace and safety of the Governm' there as to you shall seeme necessary and wee our selves have power to do by virtue of our Charter from the Crown, which order you are forthwith to transmitt to us with your reason for the makeing of them which orders are to be in force untill wee shall under the hand and scale of the Palatine and three more of the Lords Proprietors otherwise direct and noe longer 42 These Instructions shall be the rules for proceedings for any succeeding Governor as well as yourself and be put in execution by him untill wee shall otherwise direct 43 Wee doe hereby Repeale and make voyd all former Instruc- tions for the Governm* of that part of our Province that lyes South and West of Cape ffear and all Temporary laws what- soever These our Instructions being to be your onely Rule for the Govemm* for the future untill w^ee shall otherwise direct But our powers and Rules for granting Land are not hereby Revoaked but to remain as they are Given under our hands and 17 Craven Palatine (seale) A Ashley (seal) Carteret (seale) P Colleton (seale) Tho Amy (seale) John Archdale 1 (seale) for Tho: Archdale S Scales this Eight day of November One Thousand Six Hundred and Ninetye one./ Recorded this 20*^. of May 1692 October the 6'^ 1690 Wee being Informed That there is little money in Carolina whereby it is difficult for the Inhabitants that are to pay us quitt rents and gett English money to doe it, And wee never Intending to require Impossibilitys or put hardshipps u^Don them Therefore Impower you where the person who is to pay hath not English money to receive the same in Spanish money, or in Cotton, Silk or Indigoe at such rate as they will cleare in England, the fraight Custome and all other Charges deducted And that you take care that you receive that that is good of each Specie and constantly give us an exact accompt what you receive from each person and at what rates Wee understand That Severall vessells have been seized and Con- demned in Carolina for tradeing contrary to the Acts of Trade and Navigation You are hereby required to send us an exact accompt how many vessells have been Seized their names and the Masters and from whence each vessell came what shee was appraised at, and to whome Sold, and for what each vessell was sold and to whome the Kings Share of the said vessell was deliv- ered and of this j^ou are to send us Duplicates for fear in this time of Warr the Originall should miscarry. And if you find any difficultye in the performing this our order You are to give us notice of it, and from whence the difficultye proceeds Wee here send you a Sealed up Comission for the Government to be opened first In case the proper Governor should dye or leave the place To Pauie Grimball Esq^= Craven Palatine (seale) Receiver of our Rents in A Ashley (seale) that part of Carolina that Cartaret (seale) lyes South and West of P Colleton (seale) Cape ffeare John Archdale Recorded April y^ 27'^, for Tho : Archdale (seale) 1692 ^ me Tho: Amy (seale) J TToVi^nn 18 Whereas wee are Informed That diverse of the Inhabitants of our Province not desireing to be Incumbered with a Rent have a mind to purchase their Lands But not haveing money in England desire they may be admitted to pay the purchase money in Caro- lina with which their Requests wee being willing to comply You are to i^ass Grants for Land not exceeding Six thousand Acres in all to such as shall pay in the purchase money after the rate of one shilling ^p acre to Paule Grimball Esq''^: our Receiver to be remitted us to England which Grants are to be according to the forme by us directed for Land sold But no part of these Six thousand acres is to be any part of it, towne Lotts, Except the towne Lotts now in possession of Major William Dunlope, Thomas Smith and Barnard Schenckingh P]sq"=:for all w'='*= this our Order together with the receipt of the sayd Paule Grim- ball Esq''r= first Registered in the Registers Office and so veri- fyed by the Register which together with this our order are to be filed in the Registers Office shall be your AVarrants Given under our hands and seales this Eighteenth day of October 1690/ To James Colleton Esq''=: Paule Grimball Esq'^= and the rest of our Trustees for granting of Land Recorded April y'^ 27"^ 1692 ^ me J Hobson Recorded 6'^: May 1692 William Earle of Craven Lord ^ me Viscount Craven Baron of Ham- J Hobson stead Marshall Palatine & the rest of the true & absolute Lords & Proprietors of the Province Caro- lina To Seth Sothell Esq'" or our Governor for the time being our Deputies the Grand Councill & Magistrates & officers whatsoever of that part of the Province of Carolina that lyes South & West of Cape ifeare- — Craven Palatine (scale) Carteret (scale) A Ashley (scale) John Archdale ] (seale) for Tho : Archdale j P Colleton (seale) Tho : Amy (seale) 19 Whereas an act was past in Carolina & signed & sealed by Seth Sothell as Governor George Miischampe John Harris & John Berresford In these words following An act for disabling James Colleton Esq"" Late Governor of this part of the Province from bearing or exercising any authority either military or Civill within this part of the Province & for departing the same Whereas James Colleton Esq-" late Governor of this part of the Province did make Articles of Warr, & erect & Establish Mar- tial LaAv, and the same did cause to be published at the head of every Company of the Militia of that part of the Province under the paines of death & other penalties as in the said act is set downe and required, & the Same did Inforce & put in Execution upon & against divers of his Majties^ peaceable subjects Inhabit- ting this Province to apparent breach of their Libertys propertys & priviledges and to the dread & terror of their Majt'^^r Sub- jects, Notwithstanding at that time there was no danger of appearance of any forreign Invasion or any Domestick Rebellion tumult or Sedition Be it therefore enacted by his Excellency William Earle of Craven Pallatine, & the rest of the true & absolute Lords & Proprietors of this Province, by & with the advice & consent of the Comons in this present Parliam' assembled, and by the authority of the Same that the said James Colleton shall not at any time from & after the ratification of this present act exer- cise any publique Office Charge or Trust either Military or Civill of either honour or profitt in this Province but shall be utterly disabled to exercise the same by himself substitute or Deputy And be it further enacted & declared by the authoritye aforsaid That in case the afores^ James Colleton shall assume or take upon him to exercise any place trust charge or office as afores^^ In this part of the Province contrary to the true intent & mean- ing of this Act That any act or acts thing or things done by Colour or pretext of this said office Charge or place of trust either by himself his Deputye or Substitute is hereby declared Voyd Null and of no effect to all intents and purposes whasoever And be it further Enacted by the authority afores^ That the said James Colleton doe depart this Province for England at or before the floure & Twentieth day of ft'ebruary next ensueing and that hee do on the first day of Michaelmas Terme next after the ratification of this Act render himself at the Kings Bench 20 barr at Westminster in the Kingdome of England and there give sufficient Baile of ten thousand pounds Sterling to answer to all maner of Charges that are or shall be exhibitted against him as well on behalf of our gracious Soveraignes King William Queen Mary as the behalf of their Majesties free people of this Province or any other person or persons by them Comissionated to that purpose And be it further Enacted by the Authority afores'^ that hee the s'^ James Colleton be in the meanetime comitted and is hereby Comitted to the Custody of Edward Rawlins Marshall one of the Messengers of this house who is hereby authorized & required to take the s^ James Colleton into his Custody and there to keep and continue him as a prisoner by the Authority of this Parliament who shall not be from thence discharged untill hee shall have given sufficient Security of Ten thousand pounds Sterl to the intent & purpose as in this Act is requir'd and expressed — And be it further Enacted by the authority afores^ That the Right Honbie ; Seth Sothell Esq-" one of the Lords & absolute Pro- prietors of this Province & Governo'" of the same together with Coll Andrew Percivall Lieut Coll Robert Quary Cap' James Moore Ralph Izard & Job Howes Esq""^ or any four of them, provided that the Governor be one, are hereby authorized and Impowred on good and Sufficient Securitye to take baile for him the s«^ James Colleton In the name of the Right hon'^'e Seth Sothell Esq"" and Governor upon the penaltye of Ten Thousand pounds sterl The Condition of which obligation shall be such That if the above bounden James Colleton depart this Province for England at or before the ffoure and Twentieth day of ffebruary next according to the purport true intent & meaning of an Act entituled an Act for the disabling James Colleton Esq"", late Governor of this part of the Province from beareing any authority either Military or Civill within this ^*^: of y^ Province and for his departing the same, and that in the meanetime hee Doth well & truly keep their Maj'y^ peace and be of good behaviour towards all & every the Inhabitants of this Province That then this p^'sent obligation to be voyd and of none effect otherwise to abide be & remaine in full force and virtue And be it further Enacted by the authoritye afores*^ That if the said James Colleton shall not give such Securitye as is before in this Act required nor depart this Province at the time Limitted 21 according to the true Intent & meaning of this Act or shall in anywise offend Contrary to this Act or any Clause or title or thing therein mentioned shall forfeit the Sume of fRve thousand pounds Sterl to be leavyed on his goods and Chattells by Warrant of dis- tress under the hand & seale of the Governor for the time being who is by this Act ImjDOwred to grant the same directed to the High Sheriffe for the time being of Berkley Countye who is like- wise impowred and required by virtue hereof to seize take and distraine the Goods & Chattells of him the s*^ James Colleton and the distress & distresses soe taken to lead drive and carry away and upon such distress as afores^^ to impanell a jury of able and Sufficient ft'reeholders of the said County who are hereby likewise required on their Oaths well truly and Indifferently to appraise & valine the Severall goods & Chattells so taken and distrained by the Said Sheriffe who is hereby required to take a true & ^fect Inventory thereof by Indenture between the s'^ Sheriffe and Jury which Indented appraisem* the sayd High Sheriffe shall returne to the Parliam^ at their next sitting and the s^ goods & Chat- tells to be by them disposed off for the publique use & benefitt of this part of the Province Provided allways That if the s'i Goods & Chattells amount to more then the Sume of ffive Thousand pounds Sterl That the overplus after the charge of leavying distraining and appraiseing the same shall be returned to the owner And be it further Enacted by the authority afores^ That if any dispute shall arise concerning any clause words sentence or Article contained in this present Act in any Court or Courts that the Judges are hereby required to construe the same in favour of this Act ' Seth Sothell Read three times past and George Muschamp ratifyed this 22^^ day of John Harris December 1690/ John Berresford Which s*^ Act Wee y« Palatine & Proptriet'^^ doe dissent & require you not to put any ^*^ of y^ s^ Act in Execucon as a Law Given under our hands & Scales this 27*'^ day of May 1691 Craven Palatine— (X")] John Archdale ) A Ashley {X) [ for Tho: Archdale j (X) Carteret" (X)) P Colleton (X) Recorded this sixth of May 1692 ^9 me 22 Wee have seen an act pretended to be past in Carolina & signed & Sealed by Seth Sothell as Governor George Muschamp, John Berresford & John Harris as Deputies and Dated the 22"^ day of j),g(.''er= 1690 Intituled an act to disable James Colleton Esq"" late Governor of this part of the Province from beareing or exer- cising any authority either Military or Civill within this part of y«^ Province which act not being past in the formes Wee have appointed, & not being ratifyed by Three Legall Deputys & being in itself repugnant to y^ Laws of England & very unreasonable & against their Maj'^* prerogative Koyall Wee have thought fitt under our hands & scales to signifye our dissent to & thereby have made y^ same voyd according to the powers by us reserved bv our Rules or Instruccons for y^ Governm'= Before wee had notice of this pretended act Wee had sent a Comission to y^ Grand Councill to make Inquiry upon Oath of the setting up Marti all Law & to Certifye the same to us Wee intending then to have jn-oceeded in a more I^gall regular & Justifvable way to the punishm' of the said James Colleton if wee had found hee was really guiltye of the things layd to his Charge so as to have made him an example to all succeeding Governors that should make use of their power to the oppression of the people And did at the same time appoint another Governor to Succeed M"" Sothell upon his departure from that part of our Province whome wee had desired to come for England And wee doe require you & all Officers or persons whatsoever not to make use of, act by or yield obedience to the said pretended Law Given under our hand & scales this 27'^ day of May 1691/ To y^ Govern '^ our Deputys Craven Pallatine (seale) Grand Councill Magistrates & A Ashley (seale) all Officers whatsoever of that Carteret (seale) part of our Province of Caro- P Colleton (seale) lina that lyes South & West of John Archdale | Cape tfeare — for Thomas Archdale ^ (seale) Recorded y^ l-S^h day of May 1602 ^ me J Hobson William Earle of Craven Lord Viscount Craven Baron of Ham- stead MartiaiU Pallatine & the rest of the true & absolute Lords & Propriet" of the Province of Carolina 23 To the Governor for y« time being of that part of our Province that lyes South & West of Cape tfeare our Deputys Councellors & all other Magistrates & ^sons & In- habitants whatsoever of the said Province Whereas Wee are Informed that Seth Sothell Esq"" since his takeing upon him the Governm^ as one of the Proprietors of the said Province hath permitted Parliam*® or Assemblys of the ffree- holders of that part of the Province that lyes South & West of Cape ifeare to meet & sitt without having power duly derived from. us so to doe And in assemblys or Parliam^s so permitted to sitt hath past acts for the banishing of some persons & disabling others from beareing Office in Carolina upon pretence of their having either Consented to or petitioned for Martiall Law to be exercised in this time of Warr for the better securitye of the said Province in which their Maj'''^^ Prerogative Roy all being Con- cerned Wee have thought fitt to dissent to all act or acts what- soever & howsoever i^ast and unconfirmed by us for banishing or disabling any ^son or ^sons from beareing Office in Carolina as also all other act or acts whatsoever past in the Assembly or pre- tended Parliam' that did meete & Sitt at Charles Towne in Berk- ley County the 16*'^ of November 1690 and all act or acts what- soever of y^ assembly or pretended Parliament that mett or was held at Charles Towne on the 19"' of March 1690 and doe hereby declare y^ same voyd & repealed, and doe strictly charge & require you & every of you not to put the s^ Acts or any ^te thereof in Execution as Laws Given under our hands & scales this 22 day of September 1691 Craven Pallatine (seale) A Ashley (seale) Carteret (seale) P Colleton (seale) John Archdale for ) Tho: Archdale | (seale) Tho: Amy (seale) Recorded y«. 4'^ May 1692 ^ me J: Hobson 24 Wee being Informed that you have in an arbitrary maner seized upon the Letters & orders of us the Proprietors in general! directed to our Officers in Carolina for the better Govemm* of the Province & have alsoe Seized the Letters of some of the Pro- prietors containing Deputations to such j^ersons as they have thought fitt to Imploy as Deputys & suppress the same & have Commissioned others to act as Deputys for those Proprietors by which your actings you have as much as you can taken y«= Gov- ernm* of the said Province out of our hands & disabled us from rendring account to their Maj*'": of y^ Governm* there & have Issued out writts & held Parliam*® in Carolina in other maner then you had authority from us so to doe, and have past unwar- rantable acts have arbitrarily Imprisoned severall ^sons con- trary to Law & have taken upon you to grant Comissions to Py rates for which wee conceive you had no authority & other Illegal acts all which tending towards throwing off the Sub- jection, all the Inhabitants of Carolina and wee our selves the Proprietors of the s*^ Province owe to their Maj''^^ ^g King & Queene of England that these matters may be cluely inquired into & a stopp put to such arbitrary, oppressive, Irregular, Ille- gall, & dangerous proceedings Wee have thought fitt & doe hereby suspend you from the Governm* of Carolina, or any part thereof, and straitly charge and require all the good people Inhabitants of our Province & all others it may Concerne not to obey you as such but to be obedient to Collonell Phillipp Lud- well whome wee have appointed to be our Governor of our Province and to such others as shall be Comissioned by us for the Governm*^ and who wee have directed to Inquire into these matters and to doe Justice to all men according to Law to which wee require you & all others the Inhabitants of our Province to yield obedience as they & you will answer the Contrary at your perills Given under our hands & scales this Eight day of Novber=: 1691 To Seth Sothell Esq"": Craven Palatine (seale) Eecorded y« 13^^ of May A Ashley (seale) 1692 ^ me M^ y^ 9^^ P Colleton (seale) of April 1692 Tho:Amy (seale) The Originall of y^ John Archdale | above above Duplicate for Tho Archdale j| (seale) was delivered by y^ Carteret (seale) Rt honi>ie Coll Phillipp 25 Ludwell Governor to Seth Sothell Esq"" in y« p'"sence of ye dept'e^ (vizt) Thomas Smith Stephen Bull Paiile Grimball Joseph Blake & Richard Conant Esq" & several others/ Recorded y^ 13*^ of May 1692 ^ me J Hobson William Earle of Craven Lord Viscount Craven Baron of Hampstead Marshall Pallatine & the rest of the true & absolute Lords & Proprietors of the Province of Carolina To all their Majty^ : faithf ull Subjects Inhabitants of our said Province & all others whome it may Concerne Greeting Know yee That wee for divers Causes & Considerations relateing to their Majt'^^ Service & good Governm*^ of the Said Province Have Suspended & Doe hereby suspend Seth Sothell Esq"" who is or pretends to be one of the Lords Proprietors of the said Province from the Governm* thereof and have Comissioned Collonell Phillipp Ludwell to be our Governor of the said Province and Wee doe hereby strictly require & Comand all the Inhabitants of our said Province and all others resideing there to yield obedience to the said Collonell Phillipp Ludwell as our Governor of our said Province as they will answer the Contrary at their perills Given under our hands & Scales this Eight day of November One thousand Six hundred & Nintye one/ Craven Pallatine (seale) )rded y^ 13*^ of May 1692 A Ashley (seale) ^ me J. Hobson Carteret (seale) P Colleton (seale) Tho: Amy (seale) John Archdale for ) Tho : Archdale S (seale) 26 William Earle of Craven Lord Viscount Craven Baron of Hampstead Marshall Pallatine & the rest of the true & absolute Lords & Propto"=: of Carolina AVliereas wee are Informed that there are many Whales that frequent the Coast of Carolina but that noe ^sons endeavours to take y« same by reason y*^ takeing of all the Royall ffish, & the fish are granted to us by our Charter from y^ Crowne & reserved to ourselves by our Constitutions and wee being willing to Incour- age the Inhabitants of our Province & for y^ Increase of that trade Doe hereby grant free leave & authority to all ^sons what- soever that are Inhabitants of Carolina that Shall first have given bond to Paule Grimball Esq"" our Receiver Generall for the time being That they shall & will give a true ace" : to him or any other Impowered by us of all Whale fish by him or them taken what whale oile, or whalebone, or whaleffin, or Spermaceti the s^ whale or whale fRsh soe taken Shall have produced & shall pay or deliver one Tenth part thereof to y« said Paule Grimball or our Receiver Generall for the time being for our use to take whales or whale fish on the said Coast and them untill Michaelmass in the yea re of our Lord 17ii convert to their owne use paying to us one Tenth part of the oyle finns, bones & Spermaceti or other productions of the said fish Witness our hands and Scales this 13th of May 1691/ Craven Pallatine (seale) Recorded y^ W^ of May A Ashley (seale) 1692 Cartaret (seale) ^ me J Hobson P Colleton (seale) Tho Amy (seale) Whereas by our Rules or Instructions for y^ Governm' of Caro- lina power is reserved to the Pallatine & Three more of y^ Proprietors to remove or displace any Proprietors Deputye how- soever Comissioned So to be from being any longer a Deputye and Whereas wee are Informed That George Muschamp John Berres- ford & John Harris pretend the^^ are Deputys Wee the said Pal- latine & Lords Proprietors have thought fitt & Doe hereby dis- place remove and discharge George Muschampe John Berresford & John Harris from being Deputys & from all power pretended thereby & declare the same null and voyd Given under our hands & Scales this 27'^= day of May 1691/ 27 To the Governor or our Craven Pallatine — — (seale) Deputys of that part A Ashley (seale) of our province of P Colleton — (seale) Carolina that lyes South Tho Amy (seale) & West of Cape ifeare Recorded y^ 13"' of JNlay 1692 ^ me J, Hobson Wee haveing taken into our Serious Consideration the Condi- tion of the nobility of Carolina have thought fitt that Baronys shall pay but Twentye pounds ^ Annum rent, Wherefore you are to pass Grants for one Barrony to each of the Landgraves & Cassiques who shall produce to you his Patent Constituteing him Landgrave or Cassique under the great Seale of our Province & fhe hand of y^ Pallatine & three more of the Proprietors or that wee have by our Letters signifyed to you that wee have made Landgrave or Cassique for which this shall ye your Warrant Given under our hands & Scales this 13'^ of May 1691 To James Colleton Esq'^ one Craven Pallatine — — (seale) of the Landraves of Caro- A Ashley (seale) lina Paul Grimball Esq"" & P Colleton (seale) the rest of our Trustees for Tho Amy —(seale) granting Land Recorded y^ 13'^ of May 1692/ ^ me J Hobson London v^ 13'!' of Mav 1691 S'— Wee are Informed that you have by force taken all y*^ Records of Carolina out of the hands of M"" Grimball our Secre- tary although the said Grimball was Commissionated by us to be Secretary under our hands & the great Seale of our Province in which manner wee found it absolutely necessary to have our Secretary Comissionecl that hee being an Officer of the greatest trust in the Governm' next to the Governor, might haA'e his dependance on the Proprietor in generall who are answerable to the King for the good or evill Governm* of his Subjects & until! wee had thus Comissioned M'^ Grimball wee could never have the Copies of those Records & papers as were necessary to enable us to satisfye y^ King in such matter as hee had or might inquire of us wherefore must adhere to haveing our Secretary entirely 28 depend* on the ProprietC^ in generall Wee are also informed that you have imprisoned y^ said Grimball because hee would not deliver the records & Seale with the Custody of which hee is particularly intrusted by us for the sealeing of Grants for Land onely This Imprisonm* if it be as wee have heard is illegall & soe arbitrary & tyrannicall & in so much contempt of our authority wee doe not well know how to believe it, But that wee may know the Certaine truth of these matters wee have impowred Land- grave Colleton Thomas Smith Stephen Bull Ralph Izard & John ffarr Esq" to make inquiry thereof upon Oath & to Certifye the same to us how they find it, & Avithall to take Duplicates of the Depositions of the witnesses & send them to us that wee our- selves may be satisfyed their report of this matter is without prejudice or partiallity to any partye & wee doe hereby charge & require you to restore the Records & Seale to the said Grimball if it be true that you have dispossest him of them & to suffer him quietly to Execute & Injoy the place of Secretary which wee have Conferred on him^ Wee are alsoe informed that you have put M"" Schenckingh out from being chief Judge or Sherriffe of Berkley Countye & have Comissioned M"" Quary for the said place a ^son by us ordered to be put out from being Secretary for receiving of Pyrates whilest hee acted as Governor without any authority from us & other his misdeameanors whilest hee was Secretary Wee have heard noe Compl* of M'' Schencking for Injustice or opi^ression & wee think it is not for the Kings Service or our own honour to have a man turn'd out of Imploym* who hath behaved himself faithfully therein and it being the Proprieto"^* in gen- erall that are responsable to the King of any failure of Injustice in Carolina that Judges may not be too much in the power of any Governor but may without danger of being turn't out doe Justice equally between any man in power in Carolina & many other of the Inhabitants wee have thought fitt to reserve to our- selves the power of appointing Judges or Sherriffes of Countys & have now sent a Comission under our great Seale to M"" Schenckingh to be the chief Judge or Sherriffe of Berkley County whome wee require you to ^mitt quietly to execute that Office who wee hope & are confident will doe Equall Justice to all men iSee petitions of Grimball, finding of jury. etc. on pages 198-201 of War- rants for Lands in South Carolina, 1692-1111. 29 whereby the people to avoyd being mined may not be compelled to doe as they did at Albemarle wee rest your affectionate ffriends A true copye examined from the Craven Pallatine originall this ninth of April 1692 A Ashley ^ me Peter Colleton Carterett Thomas Amy Md ye 9th of April 1692 John Archdale The Originall was Delivered by y^ R* Hono^'e CoH Phillipp Lu dwell Governor to Seth Sothell Esq^-^ in y^ ^--sence of the Deputies (vizt) Thomas Smith Stephen Bull Paule Grimball Joseph Blake & Richard Conant Esq^'s & sevall others/ Recorded y^ 28*^ May 1692/ ^ me J: Hobson To Seth Sothell Esq-" in Carolina London May y^ 12*^ 1691 sy Yo"" Letters directed to each of us & all of the same tenor of ye 21st Qf October Wee have received & are well pleased to find you write that you will Submitt to our Instructions for the Gov- ernm^ & that you never denyed soe to doe Wee hope you are too knowing & too wise a man to clayme any power in Carolina but by virtue of them for no Proprietor single by virtue of our Patents hath any right in the Governmt or to Exercise any Juris- diction there unless Impowred by the rest Nor hath any Seaven of the Proprietors power to bind any one in his priviledge or propertye unless by agreem' among ourselves Which agreem* is contained in our ffundamental Constitutions beareing Date the 12'^'^ of January 1681 Those being the only Constitutions agreed or signed to by all the Eight Proprietors and if any Proprietor shall come into Carolina & take upon him Governm*^ grant Com- issions & traine & exercise men any otherwise then pursuant to the Rules & Instructions for Governm^ a])pointed by the rest of the Lords Proprietors it is by y^ Law of England High Treason as wee are well Informed and if any Governor of Carolina shall without Consent of our Deputys Impowred by us or Rules from us take upon him to Impowre Judges & other Magistrates it is a very high misdemeanor in the ^son granting and alsoe in the ^son who accepts & Executes such OiRce and all any such Officer 30 Shall doe is voyd & Erroneous & at his perill And any man in Carolina that shall take upon him to act as Deputy that is not duely Impowred by us or by Kules from us is answereable for all hee shall doe by virtue of any such pretended power of Deputye/ Wee are informed that M' Joseph Blake haveing a Deputation under the hand & Seale of M"" Archdale you have notwithstand- ing put him out From being Deputye & put in M"" Berresford in his roome of yo"^ owne Choice & that M'' Berresford acts as Dep- utye Wee hope this Information is not true for wee can never approve yo"^ soe doeing & shall bee obliged to Vindicate our owne Rights therein for wee will never allow that any Governor upon any p''tence whatsoever shall turne out a Deputye that is soe appointed to be under hand & Seale of any Prop^o'"= That tend- ing towards a Eebellion to the Crowne arbitary power in himselfe & the outing of the rest of the Prop'^o"^: of their Rights Wee know not what to say of the protestation of our Deputyes untill wee are truely informed of the matter of fact, they saying you positively refused to Govern by our Instructions or Rules of Governm' and you affirme the Contrary, for if you did refuse to Govern by our Instructions Wee think they did like wise & honest men to refuse to act with you & wee have a very good Charecter of the honesty prudence & truth of severall of them but wee shall suspend our Judgem^ of the matter untill your arrivall in England and that wee have of the allegations on both sides Wee doe not approve of any reflections upon you for actions in Albemarle and shall be very ready to shew our resentm* thereof as soone as you have cleared yourself from the misdemeanors and Oppressions layd to your Charge by the In- habitants of that County which misdemeanors are (Vizt) 1 That you seized upon two persons that came into Albemarle from Barbado's pretending they Avere Pyrates although they produced Cocketts & Clearements of their goods from the Gov- ernm' of Barbado's & Bermudas 2 That you kept these persons in hard durance without bring- ing or pretending to bring them to Tryall, in which hard durance Richard Humphrey one of the them dyed of griefe & ill usage 3 That the said Richard Humphrey made a Will before his death & left one Thomas Pollock his Executor whom you would never admitt to prove the said Will though often required by the said Pollock to permitt him to prove it before you Nor would 31 not so much as sillier the Court to attest that the said Pollock had offered the AVill to prove but tooke the Goods unto your own hands & converted them to your own use 4 That the said Pollock haveing sett up his name to come for England to Complaine of your Injustice you Imprison'd him without showing any reason or permitting him to see a Copy of his Mittimus 5 That you have for bribes withdrawn accusations that were for ffelony & Treason 6 That you did unlawfully Imprison one Robert Canon 7 That you did arbitrarily & unlaAvfuUy deteine from John Steward one Negroe and Seaven pewter dishes 8 That you did Imprison George Durant upon pretense of his haveing said some reflecting words of your self & did compel! him to give you a bond for a Sume of money while hee w^as in durance & did afterwards on pretence of said bond Seize upon all the Estate of the said George Durant without any process or Colour of LaAv & Converted the same to your own use 9 That you did unjustly take from one John Tomlin his Plan- tation 10 That you did unlawfully deteine the Cattle of George Mat- thews & refuse to deliver them although there w^as an Order of Court for it 11 That you tooke the Plantation of John Harris upon pretence of a Sale of the same to you by the said Harris although the said Harris was under age/ 12 That you unlawfully Seiz'd upon the Estate of one Mow- berry 13 That you did by your power as Governor & Proprietor Seize upon severall mens Estates w^ithout process of Law^ & did severall unjust & arbitrary actions for wdiich misdemeanors & other oppressions the Inhabitants of Albemarle Imprisoned you with intent to send you prisoner to England & there to accuse you, but you intreated them not to send you to England but that you would submitt all to be determined by the next general assembly, who accordingly gave Judgem^ against you in all the foremen- tioned particulars and Compelled you to abjure the Countrey for Twelve months & the Governm^ for ever which pro- ceedings of your self & the people is in our opinions preju- diciall to the prerogative of the Crowne & the honour and dignity of us the Proprietors Wherefore as in duty bound 32 & for our owne Vindication wee are Resolved to have this matter thoroughly inquired into that wee may take such Course for the preventing such Disorders for the future as shall appeare most fitting for the asserting of their Maj i^'es pre- rogative the peace of our Province the Just Liberties of the peo- ple and the vindication of our selves but are unwilling to pro- ceed therein untill wee have first spoke with you Wherefore desire & require that you come speedily for England that wee may have a full & cleare Information of all matters & be thereby Enabled to know how to proceed and if you shall refuse or delay to come Wee cannot avoid thinking you guiltye of all the mis- demeanors layd to your Charge & shall be constrained for our Vindication & to shew our abhorrence of the injustice and Op- pression practised by any of our number to lay the whole matter before the King & pray his Mandamus for your appearance here to answer what shall be objected against you which wee hope you will not compell us to Wee being unwilling to make you a pub- lique shame or to bring you under a prosecution w^ee ourselves cannot stopp when once began Our Deputys had orders from us not to call any Parliam"^ in Carolina w'^'H)ut directions from us Unless some very Extraor- dinary occasion should require it WTierefore wee cannot blame them for following our Instructions nor can wee approve of yo"^ Encourageing the people to Petition for a Parliament or calling one because they did petition tumultuous petitions, being prohibitted by act of Parliament herewith a severe penaltye upon such as shall breake that Law And wee know not how farr such ill example in Carolina may influence his Maj*'" Subjects in his other American Plantations but since you write that the Inhab- itants have Instructions to Depute two persons for our better Information of all matters Wee have Directed our Deputye to Consent to the calling of a Parliam* for that purpose for any Parliam*^ called by you without consent of such Deputys as are not directly impowred by us Wee cannot allow to be a Parlia- ment nor can wee tell how to Justify our owne consenting to any acts made by such Assembly Wee here Inclosed send j^'ou Coppy of some articles under the hands & scales of the Proprietors in 1672 to which my Lord Clar- endon Set his hand & Scale and to which any that Claim under him are bound Wee have no thoughts nor Intentions to doe you wrong or Injury but on the other side wee shall not ^mit 33 ourselves to be Imposed on Nor his Majt'^= Subjects that Live under our Governm* to be opprest or unjustly dealt with by any ^sons whatsoever and shall much rather surrender our Governm* to the King then suffer it If it be not remedyed otherwayes ffor wee have noe other interest to keep the Govemm* in our hands but that wee may be able to assure people they shall not be opprest by the Governm^ and thereby encourage them to come to Carolina to take our Land & pay us the rent for it is not our Intentions to make profitt by the Governm* ourselves Or to suffer any Officers under us to Oppress the people by Extravagant ffees & grow rich by the ruine of the people Wee rest Yo"" affectionate ff'riends Craven Pallatine Eecorded y« 28*^ May 1692/ A Ashley ^ me J: Hobson P Colleton Tho Amy Carterett John Archdale To John Comings Esq'' Whereas it is appointed by our Rules & Instructions for the Governm* of Carolina That each Propt°'"= shall have a Deputy to sitt and represent him in the Councill & Parliam* with divers other powers as by the said Instructions Rules for the Governm* or Constitutions may more at large api>eare And whereas the Duke of Albemarle is deceased and it doth not yet appeare to whome that Proprietorshipp doth belong to the intent the num- ber of Deputys with authority imecliately from us may be full Wee have thought it fitt and doe hereby constitute Impowre & appoint you the said John Comings to be Deputye for that Pro- prietorshipp untill it shall be determined here to whome y^ said belong or that wee have appointed another Deputy Given under our hands & Scales this 13*^ of May 1691 Craven Pallatine (scale) A Ashley (scale) Recorded y*^ 28'^ May 1692 Carterett (scale) ^ me P Colleton (scale) Paull Grimball Tho: Amy (scale) John Archdale— (scale) 3— H. c. 34 The Case of the flfreemen of Carolina humbly represented to the R" Hon''i'= Phillipp Liidwell Esq"" Governor & Capt Generall of all the fforces of the s'^ Province And to the rest of the Hono^ie the Lords Proprietors Deputies Charles the Second of happy memory of England and &c late King did' in his Royall Charters beareing date y^ 30*'^ day of June in the 17*'^ yeare of his Reigne, Give & Grant unto the R* honi^'e the Lords Prop^°''*= of the Province of Carolina Ample Rights Instructions Priviledges Prerogatives Royaltys Libertys Imunitys & ffranchises ffor the good & happy Governm* of the sd Province & the people there inhabitting or to Inhabitt & of his speciall grace towards the said people in the said Charters hath made Provisions that no Laws Orders or Ordinances which either appertaine to the publique state of the Province or the private utility of particular ^sons or which extend to the binding Chargeing or takeing away of the rights or Interest of any ^son or ^sons in their ffreehold goods or Chattells whatsoever shall be ordained made Enacted or published but by & with the advice assent & approbation of the ffreemen of the said Province or the greater part of them, or of their Deputies, and hath alsoe, in the said Charter taken care that no subsidies or Customs shall be payable for or assessed upon any goods fforreigne or Native but by & with the Consent of the ffree people there or the greater part of them as aforesaid which Charters (now their Lord- shipps have been pleased to null & make Voyd the ffundamentall Constitutions or Rules of Governm* w^hich the greater part of the people had approved assented & subscribed to) are the only true basis from by & according to which all other Laws Methods & Rides of Governm* Avhich anywaies concerned the Peoples Lives Liberties ffreeholds goods or Chattells of the Inhabitants of this Province ought or Legally can be taken derived & Enacted And by these (as by the before recited words and Clauses) It is plaine & evident the greater part of the ffreemen or ffreeholders of Carolina have the Libertye power, priviledge & right to Enact such Lawes, The Lords Proprietors are Judges of the manner & forme (i e) of the time & place whether they shall be assem- bled by Countys Barrony's or Collony's or the Inhabitants of the Avhole Province in one Boclye The Kings of England from time to time as markes of theire royall favours for especiall & signall meritts of their Subjects have granted to Counties City's & Burroughs to send one, two, or as 35 many as they thought Convenient Deputys to their Parliam^s. and still have the power to grant the same to as many more as in their wisdomes shall be thought to deserve the same King Charles the Second of his paternall care for the welfare of his Subjects and because (by reason of the remoteness of this Province from the Kingdome of England) hee could not ^son- ally discover the Injuries & oppressions (if any such should happen) which their Lordshipps Governors of these his people might in process of time bring upon these his subjects Hath by these Charters provided that noe Lawes, Orders or Ordinances which Extend to the bindeing, Chargeing, or takeing away of the Rights or Interest of any person, or persons in their ffreehold goods or Chattells whatsoever, shall be ordained made Enacted or published but by & with the advice, assent, and approbation of the ffreemen of the said Province or the greater part of them, or of their Deputies The number of which Deputys, they have right to nominate and appoint Wee therefore humbly conceive that noe Conventions of Persons whose Numbers as well as names are not appointed by the greater part of the ifreemen of Carolina as aforesaid are Legally quallifyed to Enact such Laws, and doe hereby presume that all Laws as aforesaid made or p'^tended to be made by any ^sons whatsoever not appointed as aforesaid, are not bindeing & ought not to extend to the bindeing Chargeing or takeing away of the right or Interest of any ^son or ^sons in their Freehold Goods or Chattells whatsoever Robert Daniell — ^ Ja : Moore | N : Johnson Ra : Izard ( J Moore ^ Joseph Morton John Berresford | Job Howes J And'': Percivall Jonathan Amory ( John Boone ^ Rob': Quary The honobie Phillipp Ludwell Esq^ Recorded y« 30'^ ) Governor & y^ L^^^ Dept>'^= Reed y^ May 1692/ \ above Case of y^ ffreemen & Sub- ^ me scribers S'' Nathaniel Johnson & J: Hobson others/ An act for restraining and punishing of Privateers Whereas nothing can more contribute to his Sacred Majesties honor and the peace & quiet of this Collony, then that such articles as are agreed and concluded on in all Treaties of Peace should be most inviolably preserved and kept in & over all his Dominions & Territories And whereas not only against such 36 Treaties of Peace made by his Majestie with his Allies But alsoe contrary to his Majestys Eoyall Proclamation severall of his Subjects have and doe continually goe from other English Col- onys, And may hereafter from this Colony into the service of fforreigne Princes And saile under their Comissions contrary to their Duty and good Allegiance & by faire meanes cannot be restrained from soe doeing Be it therefore Enacted by the Palatine & the rest of the true & absolute Lords and Proprietors of this Province By & with the Advice of the Nobility and of the Comons in this Parliam* assem- bled That from & after the Publication hereof it shall be ffellony for any person wdiich now doth, or within ffoure yeares last past heretofore hath, or hereafter shall Inhabit or belong to that part of the Province of Carolina that lyes from Cape ffeare South and West to serve in America in an hostile manner under any ffor- reigne Prince State or Potentate or any imploye under any ffor- reign Prince State or Potentate or any imploye under any of them against any other Prince State or Potentate in Amity with his Majestye without Especiall Lycense for soe doing under the hand and scale of the Governor or Comander in Chief of this Province for the time being And that all & every such offender & offenders contrary to the true intent of this Act being thereof duely convicted in the Chief Justices Court or in any of the Countye Courts within the said part of this Province To which Courts Authority is hereby given to hear & Determine the same as in other Cases of ffellonye shall suffer paynes of Death without benefitt of Clergy Provided Nevertheless that this Act nor any- thing therein contained shall extend to any person or persons which now are or have been in the Service or Imploym^ of any fforreigne Prince State or Potentate whatsoever that shall return to this Province & leave & Desert such service and Imploym* before the Twentieth da}^ of January next ensueing rendering themselves to the Governour or Comander in Chiefe for the time being, and giveing him such security as hee shall appoint for the future good behaviour and alsoe that hee or they shall not depart the Province without the Govemours Leave And for the better & more speedy Execution of Justice upon such who haveing comitted Treasons, Pyracyes, ffellonyes & other offences upon the Sea shall be apprehended & brought Prisoners to this Province Be it further Enacted by y^ authoritye aforesaid That all Treasons, ffellonys, Pyracyes, Robberys, Murthers, or 37 Confederacyes comitted or hereafter shall be comitted upon the Sea, or in any Haven, Creeke or Bay, whereby the Laws of Eng- land the Admirall hath Jurisdiction, shall be Inquired, tryed, heard, determined & Judged within this Province in such like forme, as if such offence had been Comitted in & upon the Land And to that end & purpose Comissions shall be under the great Scale of the Province for the time being directed to the Admirall of this Province or his Deputy or such other substantiall persons as the Governor or Comander in Chief of this Province and the Lords Proprietors or their Deputys for the time being shall be named or appointed Which said Commissioners or such a Quorum of them as by such Commission shall be thereunto authorized shall have full power to doe all things in and about the Inquiry Hearing, determineing, adjudgeing & punishing any of the Crimes and offenses aforesaid as any Commissioners to be appointed by Comission under the great Scale of England by virtue of a Statute made the Twentye Eight yeare of the Eeigne of King Henry the Eight are Impowred to doe & Execute within the Kingdome of England And that the said offenders which are or shall be apprehended in, or brought to this Province, shall be lyable to such proofs, Orders Judgemtsr= Execution, by virtue of such Commission to be grounded upon this Act as might be awarded, or given against them, if they were proceeded against in the Realme of England by virtue of any Comission grounded upon the said Statute And all Tryalls heretofore had against such Criminall or Criminalls before any Judge or Judges by virtue of such Com- ission or authoritye at any time heretofore granted & all pro- ceedings thereupon are hereby ratify ed confirmed & adjudged lawfull and all such Judges with all & every the Inferior Officers that have acted thereby are hereby indemnifyed to all intents & purposes whatsoever and in Case they or any of them shall at any time hereafter be sued, vexed, molested, or troubled for any such their proceedings as aforesaid hee or they so sued vexed or molested shall plead the generall Issue, and give this Act in evidence, any Law Statute Custom or usage to Contrary in any- wise notwithstanding And be it further Enacted by the authority aforesaid That all & every person or persons that shall or may knowingly entertaine harbour conceale Trade, or hold any correspondance by Letter or otherwise with any person or persons that shall be deemed or 38 adjudged to be Privateers Pyrates or other Offenders within the Construction of this act And shall not readily endeavour to the best of his or their power to apprehend or Cause to be appre- hended such Offender or Offenders shall be lyable to be prose- cuted, as accessary & confederates, & to suffer such paines & pen- alties as in such Case by law is provided And for the better and more effectual Execution of this Act And be it further Enacted by the authority aforesaid that all Comission Officers in their severall precincts within the said part of the Province aforesaid are hereby Impowred & required upon his or their knowledge or notice given that any Privateeres, Pyrates, or other person suspected to be upon any unlawful! designe are in any place within their respective precincts to raise and Leavye such numbers of armed men as hee or they shall think needfull for the seizing apprehending & carrying to Goale all & every such ^sons And in Case any resistance or refusall to yield obedience to his Majesties Authoritye it shall be lawfull to kill or destroy such person or persons And all & every person or persons that shall oppose or resist by strikeing or fireing upon any Commanded partyes shall be deemed taken & adjudged as felons without benefitt of Cleargye and every such Officer that shall omitt his dutye herein shall forfeit the Sume of ffiftye pounds Currant money of this Province for every such Offence to be recovered in any of the Courts of Eecord within this Province by plaint or Information wherein Noe Essoigne wager of Law or Protection Shall be allowed one moietye whereof to be the Palla- tine and Lords Proprietors & their Heires & Successors for and towards the Support of the Governm^ of this Province and the Contingent Charges thereof and y^ other moiety to the Informer and all & every other person or persons that upon orders given him or them shall refuse to repaire imediately with his or their arms well fixed & amunition to such place as shall be appointed by the s<^ officer and not readily obey his Comands in the Execu- tion of the p'^misses shall be lyable to such fine or Corporall pun- ishment as by the Grand Councill shall be thought fitt Read three times and ratifyed in open Parliam^ this Three and twentieth day of November 1685 By the Pallatine & Lords Proprietors Wee doe Ratifye & Confirme the foregoeing Act Intituled an Act for restraineing and punishing Privateers Witness our hands 39 & Seales this Third day of March One thousand Six hundred Eighty & Six Craven Palatine (seale) Albemarle (seale) P Colleton (seale) Bath for the 1 Lord Carterett ( (seale) Tho Amye (seale) William Earle of Craven Lord L" of the Countye of Middlesex and Borrough of Southwarke one of the Lords of the Lords of his Majestys most Hon- ourable Privy Councill Palatine and the rest of the true and absolute Lords and Prop"= of the Province of Carolina To Joseph West Esq"" Governor of that part of our Province that lyes South and West of Cape ffeare or the Governor for the time and our Deputys Greeting Whereas wee have sold unto James Du Gue five hundred Acres of Land for which wee have received Twentye five pounds You are to direct the Surveyor generall to Admeasure the same out for him in such place as hee the said James Du Gue shall choose within the Limits and with such proportion of front to the Navi- gable Rivers or Creekes as wee have by our Instructions for sett- ing out & bounding of land beareing date in September One thousand Six hundred Eighty & Three appointed, And you are to pass Grants of the five hundred Acres of Land to him his heires & Assignes for ever according to the forme wee have appointed for Land Sold for which this shall be your Warrant Given under our hands & Seales this fourteenth day of April One Thousand Six hundred Eightye and five Craven Palatine (seale) Albemarle (seale) P Colleton (seale) Recorded this 10'*^ day of June 1692 ^ me Arnald Bruneau Esq'^ haveing meritted well of us in Contrib- uteing to the well Settlement of our Province Wee have thought 40 fitt and doe hereby require you to order the Surveyor Generall to admeasure out for the said Arnold Bruneau Three Thousand Acres of Land for which you are to pass Grants to the said Arnald Bruneau and his Heires for ever and the which Three Thousand Acres Wee will shall be made a mannor (if he shall desire it so to be) for which this shall be your Warrant Given under our hands & Scales this Six & twentieth day of January One Thousand Six hundred Eightye & five To Joseph Moreton Esqr one Craven Palatine ( X ) of the Landgraves and Gov- P Colleton ( X ) emor of that part of the Pro- Seth Sothell (X) vince of Carolina that lyes South & West of Cape ffeare and to the Governor for the time being & our Deputyes Recorded this 10*^ day of June 1692 ^ me M'' Jean ffrancoise de Genillatt being the first of his nation that hath made knowne to us his designe of settling in Carolina & haveing shewed us Testimonys of his hono^^'^ : Extraction «S:c and wee being being willing to Incourage more of the Swisse nation to become Settlers in our Province have thought fitt & doe hereby require you to order the Surveyor Generall to admeasure out for the said Jean ffrancoise de Genillatt Three Thousand Acres of Land for which you are to pass Grants to the said Jean ffrancoise de Genillatt & his Heires for ever and the which Three Thousand Acres of Land wee will shall be made a Mannor if hee shall desire it so to be Given under our hands & Scales this Thirtieth day of July One Thousand Six hundred Eighty & ffive To Joseph West Esq"" Governor Craven Palatine ( X ) of that part of the Province of P Colleton ( X ) Carolina that lyes South & Tho : Amy ( X ) West of Cape ffeare & to the Governor for the time being Eecorded this 10^^ day of June & our Deputyes there ^ me 41 William Earle of Craven Lord Viscount Craven Baron of Hamstead, Marshall, Lord L" of the County of Middx, & Borrough of Southwark, one of the Lords of his Maj*'" most hon'''^: Privye Councill Lieuetenant Generall of all his Maj^'^^ fforces, Pala- tine, and the rest of the true & absolute Lords, & Proprietors of Carolina To James Colleton Esq'^ one of the Landgraves of Carolina, Landgrave Joseph West and the rest of our Trustees for granting Land in Carolina Whereas AVee did by our order beareing date the Thirtieth day of July Ano Doni One Thousand Six hundred Eightye iRve Direct our Governor & Deputies for the time being To cause to be admeasured out and pass Grants to Monsieur Jean Lowis de Genillatt his Heires & Assignes for ever for Three Thousand Acres of Land And whereas wee did alsoe by our Order beareing Date the Six & Twentieth day of January Ano Doni One Thou- sand Six hundred Eightye ffive direct our Governor & Dep^i^^^: for the time being to cause to be admeasured out and pass Grants to Amald Bruneau Esq"" his Heires & Assignes for ever for the like quantitye of Land And whereas wee are Informed there is some doubt whether the said Lands were intended by us to be granted to them Rent free Wee doe hereby signifie that the said Lands were a free gift from us to the said Mons'' Genillat and Mons"" Bruneau And are to be granted without reserving any other Rent then one Eare of Indyan Corne when lawfully demanded Of which you are to take notice and pass the Grants accordingly Given under our hands & Seales this ffourteenth day of July one Thousand Six hundred Eightye and Seaven. Craven Pallatine (X) Recorded this 14*'^ day P Colleton (X) of June 1692 Bath for the ) ^ me Lord Carterett \ (X) Tho: Amy (X) Wee having sold unto Nicholas De Longuemar One hundred Acres of Land and received the Sume of five pounds for the same you are to direct the Surveyor Generall to la}^ out according to our Instructions for granting Land the said one hundred Acres 42 of Land in such place as the said Nicholas De Longuemar shall choose that is not already made choice of by some other that hath right to choose And you are to pass Grants for the same as for Land Sold for which this (which you are to record and file) shall be your Warrant Given under our hands & Seales this twentye third day of June One Thousand Six hundred Eightye and five To Joseph West Esq'' Governor Craven Palatine (seale) of that part of our Province P Colleton (seale) that lyes South & West of Cape Tho: Amy (seale) ffeare and to the Governor for the time being & our Deputys Recorded this 15'^ day of June 1692 ^ me William Earle of Craven Lord Viscount Craven, Baron of Hampstead, Marshall Lord Lieuten' of the County of Middx, and Burrough of Southwark, One of the Lords of his Maj''«* most hon^^« privy Councill L" Generall of all his Maj^'^s fforces, Pala- tine and the rest of the true & absolute Lords and Proprietors of the Province of Carolina To Joseph Moreton Esq'^ one of the Landgraves & Governor of that part of our Province of Caro- lina that lyes South & West of Cape ffeare and to the Governor for the time being and our Deputys/ Greeting Whereas wee have sold unto James Nicholas alias Petibois Two hundred Acres of Land for which wee have received the Sume of Tenn pounds, You are to direct the Surveyor Generall to ad- measure the same out for him in such place as hee the said James Nicholas Shall choose within the Limits & with such proportion of front to the Navigable Rivers or Creekes as wee have by our Instructions for setting out and bounding of Land bearing date in September One thousand Six hundred Eighty & three appointed And you are to pass Grants for the said Two hundred Acres of Land to him & his heires & assignes for ever according to the forme Wee have appointed for Land Sold, for which this (which you are to Record & file) shall be your Warrant Given under our hands & Seales this fifteenth day of April Ano Doni 1687/ 43 Craven Palatine (X) Eecorded this 15*^ day of P Colleton ( X ) June 1692 ^ me Tho:Amy (X) Wee haveing Sold unto Isaac le Grand Esq'^ Sieur d'Anarville one hundred Acres of Land & received the Sume of five pounds for the same You are to direct the Surveyor Generall to Lay out (according to our Instructions for granting Land) The said One hundred Acres of Land in such place as the said Isaac Le Grand shall choose that is not already made choice of by some other that hath right to choose And you are to pass Grants for the same as for Land Sold for which this (which you are to Record & file) shall be your Warrant Given under our hands and Seales this one & thirtieth day of August Ano Doni 1686 To James Colleton Esq"" one Craven Palatine (X) of the Landgraves of Carolina Albemarle ■ ( X ) & to the Governor for the time P Colleton ( X ) being & our DejDutyes Recorded this 15"^ day of June 1692 ^ me S"": Peter Colleton Baronet one of the true and absolute Lords and Prop" : and high Steward of the Province of Carolina// To Coll Philipp Ludwell Whereas by y^: rules & Instructions for the Goverm*^ of Caro- lina it is agreed and appointed that the high Steward shall nomi- nate and appoint the Surveyor generall I out of the trust & Con- fidence I have in the wisdome pruedence and skill of you the said Philipp Ludwell doe hereby nominate & appoint you the Said Phillipp Ludwell to be Surveyor generall of Carolina w*^ : power to appoint such and soe many under Surveyors as to you Shall Seem meet and to Continue to be dureing my pleasure given under my hand and Scale this 20*'': of December 1691 Recorded y^: 6*^: May 1693 P Colleton (seale) ^ mee J Hobson London this 21° of December 1691/ S'^ : I have already written you by this Convenience w'=''= will be delivered to you by Coll Ludwell and alsoe a black box in w^^: are Several orders to yo'":selfe and our Trustees for granting Land and a Dormant Comission Sealed up with the palatines 44 Seale to be produced by you, if Coll Ludwell should dye or depart the province with intent not to returne any moore and take uppon him y^ : Goverm* : for Coll : Ludwell will have Occa- sion to goe to north Carolina to settle things there & to verginia to Settle his owne affaires before he fixes in Carolina, In any of which Cases y^: s<^: Dormant Comission is not to be by you ^duced or opened but a person is to be appointed by Coll : Lud- well w*'^: consent of our Dep*'^*: to be Governo'": dureing his absence and when Coll Ludwell returnes, y^ : power of y^ : person so appointed is to cease nor are you to Lett any p'^son what- soever Know y* : you have any such sealed up Comission in yo"" Custody but that is to remaine as Secret to yo"" :selfe onely untill there is necesaty of ^duceing of it by reason of Coll Ludwells death &c I am This Letter of S"^: Fetters was Yo'': very affectionate frend Recorded Tusday y^: nineth P Colleton/ day of May 1693// ^ mee J Hobson The Superscription of y^ : afores*^ : Letter is To Paull Grimball Esq'^ : at Charles Towne In Carolina//^ William Earle of Craven Lord Viscount Craven Baron of Hampstead Marshall Palatine and the rest of the true and absolute Lords and Proprietors of Carolina AVhereas wee did by our order bearing date the twentieth sixth day of September 1685 signify to you that we had Contracted with Mr. James LeBas for Three thousand Acres of Bas order Land and had received ninety pounds of the pur- Acres^ of chase money and did there upon Direct that yow Land should pass grants to the said James Le Bas (&c*) as by the said order relation thereunto being had will appeare, now y^ said James Le Bas haveing signifyed to us that he hath bought a Plantation Containing fifteen hundred Acres of Land of Landgrave Joseph West whereon the penny ^ aker Eent is reserved and hath not Grants for any Land rent free by vertue of the said order, Therefore desaires that the said fifteen hun- dred Akers so purchased may goe as parte of the three thousand iThe next two pages (72-73) contain some scratched over entries of war- rants for land — evidently recorded in the wrong book by mistake. 45 Acres he had Contracted for, and that Seventy & five pounds of the ninety pound may be the purchase money of the said of y^ fifteen hundred Acres and that he may have three hundred Akers of Land more for the remainder of the said ninety pounds so paid and that y^ said Contract for three thousand Acres may be void with which his request, wee being willing to Comply you are therefore upon his Surrendring to you the forsaid order for three thousand Acres, if you have not already pass<^ : any Grants for land to him by virtue of y^ said order dated the 26^^'^: of Sep''^''= i685 then to pass grants to him for the said fifteen hun- dred Acres so purchased and a Grant for three hundred Acres more according to the forme wee have prescribed for Land Sold which land is to be laid out and bounded according to our Rules and Instructions now in force for granting land for all which, this which you are to record and file together with the forementioned order for three thousand Acres Shall be your warrant Given under our hands and Seales this 23'' day of December 1689 X X To James Colleton Esq'' one Craven Palatine (scale) of the Landgraves & Governor P Colleton (X) of that part of Carolina that John: Archdale (X) lies south & west of Cape feare and y^ rest of our Trustees for Granting of Land : Recorded this 3<^ day of November 1693 ^ me Jn^ : Hamilton Dep'y : SeC^ty Additionall. Instructions Wliereas by the Twenty Seaven* & twenty Eighth articles of our Instructions to you Collonell Phillipp Ludwell our Governo'': Dated of our Provine of Carolina beareing date y^ : eighth Apriii: 7th day of November one Thousand Six hundred 1693/ Ninety & one Wee have given powre & Authoritye to ye : Said Coll Phillip Ludwell by & with y'^ : advice and Con- sent of our Deputys Landgraves and Cassiques and Deligates of the ffreemen or major part of them to make ordaine & Enact Such & three or moore of our Deputies under theire hands and Seales before Such acts be published or allowed to be Laws which Lawes Should Continue In force for two yeares & no Longer unless within that time they weare Ratified and Confirmed under the 46 handes and Seales of y^: Pallatine and Three or more of the Lords Prop": themselves and by theire order Published in the Generall Assembly and Should cease to be Lawes when ever (before they weare soe Ratified and Confirmed) the Pallatine and three and more of the Lords Prop": Should under theire hands & Seales Signefye theire desent to them which power and Authoritye for passing of Lawes as aforesaid we doe hereby Repealle & make void as to all matters Relateing to Courts of Judicature in Carolina or alteration of the formes of proceeding therin from what was practised dureing the Govermt^^ : of Land- grave James Colleton and Landgrave Joseph Morton or any other Matters Relating to Judicature Majestrats Judges Sheriffs or other officers or Relateing to Jurys or Ellection of Representa- tives for the Generall Assembly or Relateing to the ffees taken or Belonging to any officer or officers Constituted or apointed by us all which being matters which admitt of Delay without Exposeing the Safty of the Inhabitants of our province to any forin Enemie or Attempts of the Indjans we will & ordaine that Bills Relateing to the the above Mentioned Matters & Consented to by you our Governo"^ : or the Governor for the time being & three or moore off our Dep*'^® : Shall be Transmitted to us to be Considered of & not Published or putt in Execution as Lawes untill they be Consented to & Ratifyed and Confirmed under the hands and Seales of y« : Pallatine & three or moore of the Lords Prop": and by theire order Published as a Law in Carolina but in all other matters the Said power for passing & Enacting Lawes is to Continue as is appointed by our Said Instruccons to Collonell Phillip Ludwell our Governor of the Province of Caro- lina beareing date the Eighth day of november one thousand Six hundred ninety one Given under our hands and Seales this 7**^ : of Aprill 1693 To Coll Phillipp Ludwell our Craven Pallatine (X) Governor of Carolina for y«: A Ashley (X) time being & our Dep*'«^: for P Colleton (X) that part of our Province John Archdale ) of Carolina that Lyes South, & for Tho : Archdale ^ ( X ) west of Cape ffeare Tho Amye X ( X ) Recorded y^ 14*^ : September 1693 & ^ me Exsamoned Paull Grimball Secr'-y; 47 Comission for Granting of Land To all to whom these Presents shall Come Greeting Know ye tliat wee William Earle of Craven Pallatine Anthony Lord Ashley George Lord Carterett S''. Peter Colle- ton Barronett Seth Sothell Thomas Archdale and Thomas Amy Esq" The true and absolute Lords & proprietors of the Province of Carolina in America for Divers good and reasonable Causes and Considerations us there unto moving Have Given and Granted and by these presents doe give and Grant unto CoUonell Phillipp Ludwell Governor of y^ said Province and in Case of his Death or absence to James Colleton Esq"" one of the Land- graves of the said Province and in Case of his death or absence to Thomas Smith Esq"" another of the said Landgraves and in case of his Death or absence to Paull Grimball Esq"", full power Licence and Liberty and authority for us and in our names to Grant and convey Land in Carolina to such person or persons as shall transport themselves or others into our said province to plant and inhabitt by Deed indented according to the forme here- unto annexed. And in our Names and to our uses to receive the Counterpart of such Deed or Deeds Indented from any person or persons to wdiom Land shall be so Granted or conveyed as a foresaid and to every or any such Deed or Deeds Indented after the forme aforesaid to sett our hands and Seales and in our names and to the use of the persons to whom such Land is Granted to Deliver and execute by and with the consent of y^ said James Colleton Thomas Smith Paul Grimball and Joseph Blake John Comings & Richard Conant Esq" or of any two or more of them to be attested by their witnessing the same on the back of the said Deed or Deeds Indented so to be signed and Sealed by the said Collonell Phillipp Ludwell and in case of his death or absence by the said James Colleton and in case of his Death or absence by the said Thomas Smith and in case of his death or absence by the said Paul Grimball which said Deed or Deeds soe to be executed as aforesaid being Recorded together with the Counterpart thereof signed and Sealed by the partys to whom Land shall be thereby Granted shall be as good and firme a Conveyance in Law for the Land therein mentioned to be Granted and Conveyed as if y« said Deed or Deeds Indented had been actually Signed Sealed and delivered by us the said William Earle of Craven Anthony Lord Ashley George Lord Carterett S"". Peter Colleton Seth Sothell Thomas 48 Archdale & Thomas Amy. Our heires or assignes allways pro- vided That there be noe Land thereby Granted or conveyed then according to the Rules and quantity Limits and bounds that are Directed by our Rules and Instructions for Granting of Land here unto annexed and also provided that the said Rent of one peny per aker in the said Deed or Deeds Indented Reserved be made payable in the cheef Towne of that County wherein the Land so as aforesaid to be Granted or conveyed shall happen to be scituated from the next nine and twentieth of September, two yeares after the partys choose the Land conveyed or that it be run out or surveyed And also provided that the Land so Granted be not to any person or persons that have already possest land in Carolina and have not payed the Rent due to the Lords Proprietors for the Same to their Receiver or any other person Imj)loyed by them to receive the Same And we do Hereby Repeale and make voyd all Maner of former or other powers by us Heretofore Given for Granting or Conveying of Land to such persons as shall Transport themselves or others into our said Province to plant and inhabit Except our order of the thirteenth of May one thousand six hundred ninety and one about the Baronys to Landgraves and Cassiques and our Powers and orders for Selling Land. In Wittness whereof wee have here unto sett our Hands and Scales this Sixth day of ffebruary in the year of our Lord one thousand six hundred ninety and two Exsamoned & compared by Craven Pallatine ( X ) Paull Grimball Secr'-y : A : Ashley ( X ) Recorded this 15^^^ September P Colleton (X) i693 ^ me J° Hamilton John Archdale for ) Depty Sec^:y Thomas Archdale J (X) Tho: Amy (X) September y^ 18*'^ 1693 Read & Examined by y^ Governor & Counsill Tho: Smith This Indenture made the day of Anno Domini one thousand Between the R* Hono^'^. William Earle of Craven Pallatine Anthony Lord Ashley George Lord Carterett S^ Peter Colleton Barronett Seth Sothell Tho: Archdale and Thomas Amy Esq": The true and absolute Lords and Proprietors of the Province of Carolina in America of the one part and A: B. & c*: of the other part. Wittnesseth 49 that the said William Eaiie of Craven Anthony Lord Ashley. Geo= Lord Carterett S"" Peter. Colleton Seth Sothell Thomas Archdale & Thomas Amy. for and in Con- sideration of ye said A. B : his bringing into Carolina by name & c*: and for and in consideration of ye yearly Rent hereafter in and by these presents reserved & contained Have granted bargained sold aliened and confirmed and by these presents doe Grant bargaine sell Aliene and con- firme unto the said A. B. a plantation eontayning Acres of Land English measure lyeing and being in the County of in the province of Carolina a foresaid and bounded According to the plott hereunto Annexed together with all Woods underwoods Trees and what else there is thereon Standing or growing with priviledge of Hawking Hunting fishing and fowleing (Except and always reserved out of this present Grant all Mines Mineralls Quarrys of Gems and precious stones) And the Revertion and Revertions Remainder and Remainders of all and every the profits of the said premises To Have and to Hold the said plantation and premises Hereby Granted unto him the said A. B. His Heirs and assignes for ever yielding and payeing therefor yearly and every year upon the nine and twentieth day of September in every year unto the said William Earle of Craven Anthony Lord Ashley. George Lord Carterett S''^ Peter Colleton Seth Sothell Thomas Archdale and Thomas Amy their Heirs and assignes one peny of Lawfull money of England or the same quantity of silver in Bullion or other coine as there is or by Law ought to be in one peny of Lawfull money of England for every of the said Acres the first payment thereof to begin and be made on the nine and twentieth day of September which shall be in the year of our Lord Christ one thousand to be holden of them the said William Earle Craven Anthony Lord Ashley George Lord Carterett S''^ Peter Colleton. Seth Sothell Tho: Archdale and Thomas Amy their Heirs and assignes in free & comon soccage And y^ said A. B : doth for himself e his Heirs executors Administrators and assignes Covenant promise and Grant to and with the said William Earle of Craven Anthony Lord Ashley George Lord Carteret S''= Peter Colleton Seth Sothell Thomas Archdale & Thomas Amy their Heirs and assignes in Manor and forme following (that 4— H. c. 50 is to say) That he the said A B : his Heirs and assignes shall and will from time to time and at all times hereafter well and truly pay or cause to be paid the said yearly Kent of one peny ^ aker or the quantity of silver aforesaid hereby reserved unto y« said William Earle of Craven Anthony Lord Ashley George Lord Carterett S"". Peter Colleton Seth Sothell Thomas Archdale & Thomas Amy their Heirs or assignes at or in Charles Towne in Berkley County in y^ said province of Caro- lina provided always and it is hereby agreed, that if the said yearly Eent of one peny ^ aker or the quantity of silver afore- said hereby reserved or any part thereof shall happen to be behind & unpaid by the space of six Calendar Moneths next over or after any of the said days of payment wheron the same is hereby reserved or made payable there being noe sufficient dis- tress upon y« premisses Hereby Granted then and in such case it shall and may be LawfuU to and for the said William Earle of Craven Anthony Lord Ashley George Lord Carterett 8''= Peter Colleton Seth Sothell Thomas Arch- dale and Thomas Amy their Heirs and assignes unto the Same premisses and every part there of to enter and to take and receive to their owne proper use and benefit the Rents Issues and profits thereof so long and untill they shall be fully satisfied and paid all arrears of the said Rent and all their reasonable charges damages and expences which they shall from time to time suffer or sustaine for or by reason of the non payment of the said Rent in Maner aforesaid provided also and the said A. B: doth for himselfe His Heirs and assignes Covenant and Grant to and with the said William Earle of Craven Anthony Lord Ashley George Lord Carterett S''^: Peter Colleton Seth Sothell Thomas Archdell and Thomas Amy their Heirs and assignes that in case it shall happen that the said yearly Rent Hereby reserved or any parte thereof be behind and unpaid in part or in all by the space of ninety days next over or after any of the said days of payment whereon the same ought to be paid by vertue of the reservation thereof herein before contained that then and so often it shall and may be Lawful! to and for the said William Earle of Craven Anthony Lord Ashley. George Lord Carterett S''= Peter Colleton Seth Sothell Thomas Archdale and Thomas Amy their Heirs and assignes from time to time and at all times there after into all and every of the premises hereby Granted or any parte thereof to enter And 51 distraine and the distres and distresses then and there found to take lead and carry away and Impound and in Pound to detaine & keep or the said distresses to dispose of according to the Laws of England untill they shall be fully satisfied and paid all arreares of y^ said Kent and the reasonable charges and damages In Witness whereof the said partys to these presents have hereunto Interchangeably sett their hands and seales the day and year first above written Read & Examined by y^ Governor & Counsill y« 18th (Jay of September 1693 Tho: Smith Rules and Instructions for Granting of Land Wee have directed the surveyor generall forthwith to sett out two countys one of the North of Berkley county which is to be Called Craven county and the other South which is to be called Colle- ton County to divide them into squares of twelve thousand acres which when done you are to observe the following Rules in the grants you pass for Lands in the Same and all other that here- after be sett out untill you have other orders from us X X 1 In the first place you are to make choice of in all Navigable Rivers in each County to be sett out a peece of Land of five hundred acres whereon to build the port Towne for that River in y^ choice of which you are to have regard to the following particulars viz= That it be as farr up as the bigest ship that can come over the barr of the said River can safely and conveniently sayle. The Land yow 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 be (if possible) farr from Marshes swamps or stand- ing water X X 2 The Square wherein the five hundred acres shall be by you made choice of for a port Towne is to be a Colony, soe are the two jiext squares on the same side of the River adjoyning to it and so are the squares in behind them from the River which six are to be a precinct and noe one man shall have in any of them nor any of the three squares on y^ other Side of y^ River opposite to them above the proportion following viz=: a proprietor eight hundred Acres any Landgrave that heath built a house in the said Towne and heath right to so much Land over and above his Baronys 52 six hundred acres, a Cassique that heath built a house in the Said Towne and heath right to so much Land over and above his Barronys four hundred acres any other person that heath right to so much Land and shall build a house in the said Towne two hundred acres and noe more, so that there may be roome for a good number of people to sitt downe together for the better strengthening of the place and whosoever doth take up Land in any of the said nine squares according to the said proportions may have as much front to the River as one fifth part of the depth or side lines of his land is in from the River X X 3 You are to consider of a convenient place for a ferry upon Navigable River and having pitched upon a place convenient you are to order to be sett out one thousand acres which whosoever takes up shall be obleidged to keep a ferry for the ferryeing over men and horses at such pryce as Shall be agreed on by the Gov- ernor and Councill and when you pass a Grant for the said Land you are to Incert the condition for keeping a ferry in the Grant besides the rent XXX 4 Any Landgrave or Cassique makeing it appeare to you that he is soe either by produceing his patent or being signifyed to you by us that Avee have soe created him and having subscribed in the book for that purpose provided to bear faith and true allegiance to our soveraigne Lord and Lady the king and queen their Heirs & Successors and to be true and faithfull to y« Lords proprietors their heirs and Successors you are then to Issue out your orders to the surveyor Generall to admeasure out unto him as many of the squars for Baronys in the said Coimty as of right doe belong unto him and he is willing to take up and are not made choice of by yow for a precinct for the Towne nor are before made choice of any other that hath right to choose pro- vided that each Barony be in one entire peece and that in noe one county there be above four Baronys Sett out to the Landgraves, four to Cassiques nor above eight Seignorys to the Lords pro- prietors so that in every county there shall be four and twenty of the forty squares remayning for the use of y^ people nor are yow in any County to suffer the people to posses more then four and twenty squares soe that sixteen intire squares may be left for the seignorys and Baronys. which Baronys you are to pass Grants for at the rent of twenty pounds ^ annum, as wee have apoynted by our order under our hands & Seales bearing date the thirteenth 53 day of May in the year of our Lord one thousand six hundred and ninety one. X X 5 Any of the squares of a County that are made choice of by a proprietor shall be a seignory and yow are to pass Grants for the same to the Respective Proprietors who shall take up such squares reserving onely one eare of Indian corne rent when Lawfully Demanded. X X 6 Any Proprietor Landgrave or Cassique that is not in Carolina may take up the Land belonging to his dignity by his Agent or attorney X X 7 Noe 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 Subcribed in the book for that use provided to beare allegiance to our soveraigne Lord and Lady King William & Quen Mary their Heirs and Successors and to be true and faithfull to the palatine and Lords proprietors their Heirs and Successors XXX 8 Any man that hath Subscribed as is above mentioned shall have liberty to choose their Land and have it sett out in maner following X X 9 Any man who by purchase hath right to twelve thousand acres of Land, if he will take up all together in one peece shall have leave to choose any of the squares in any of the Countys that wee have directed forthwith to be sett out that is not actually made choice of by some other that hath right to choose a whole square or part of one and may have as much front to a Navigable River as his land is in depth, any man so having right to any quantity of Land under twelve thousand acres, and above six thousand acres may have as much of his Land fronting to a Navigable River as the quantity of acres will allow, with the side lines of the said peece of Land runing from the River in streight parallell lines three hundred forty six chaine soe that the breadth of the said peece of the head line in from the River may be equall to the front line of y« River. XXX 10 Any man having right to six thousand acres of Land taking it up in one peece may have as much of his Land fronting to the River as halfe the depth viz: one hundred seaventy and three chaine fronting on the River. XXX 11 Any man having right to any quantity of Land under six thousand and above three thousand acres may have as much front to the River as the said quantity of Land w^ill beare with the 54 side lines of it riming in from the River in streight paralell lines Three hundred forty six chaine XXX 12 Any one that shall take up his Land three hundred forty six chaine in from a Navigable River shall have it in a square figure, butt any man that shall take up his Land in a Creek navigable for boatts only shall have butt a sixth part of his depth fronting to said Creek that soe the more persons may have the benefit of it 13 If two navigable Rivers be so near together that the distance is not sufficient to have the side lines run in three hundred forty six chaine from each River. Then if they are above three hun- dred forty six chaine asunder the side lines are to run noe further then the midle between the said Rivers but if they be not above three hundred forty six chaine asunder the side lines of Land taken upon such part of them as are so near together may run from River to River. X X 14 If any mans line that takes up his land in a navigable river or Creek be not contiguous to another, it shall not be nearer to anothers line then twelve chaine. if any mans line that takes up his Land three hundred forty six chaine in from a Navigable River be not contiguous to another it shall not be nearer to the next mans line then twenty chaine that so the space between line and line may not be too litle for a plantation and soe become useless to the Lords Proprietors. X X 15 You are not to pass Grants to any man whatsoever above thirty miles south of Stonoh River nor above ffifty miles north of Ashley & Cooper Rivers upon any pretence whatsoever unless you have especiall orders for the same under the hands & Scales of the Palatine and two more of us the Lords Proprietors. — 16 You the said Collonell Philip Ludwell are by and with the advice and consent of James Colleton Thomas Smith. Paul Grim- ball Joseph Blake John Comings and Richard Conant Esq": or any two or more of them to apoint such place or places as you Shall think convenient to erect townes in, about each of which places you may raserve a square of twelve thousand acres to be devided into such proportions for the better accomodateing of the Inhabitants of the said Towne as you the said Philip Ludwell shall thing convenient, always provided there be not gi-anted more than two hundred acres of the said square of twelve thousand acres to any person and to none butt to such who shall build a house in said Towne. X X 17 From any of these Rules for setting out Land, bounding and 55 passing Grants for Land which we have also comanded the sur- veyor Generall to observe You are not to deviate without especiall orders for the same under the hands and seales of the Palatine and two more of the Lords Proprietors. X X 18 For as much as many persons may desire to become inhabi- tants of Carolina that have not wherewithal! to purchase Land and are therefore willing to have Land on rent with which theire desire wee being willing to comply, you may therefore Grant to any free person above the age of sixteen years that comes to plant and inhabitt in Carolina and are content to signe the Counter part of the Deed according to the forme hereunto annexed Such proportions of Land as you and the Governor by us apointed Shall think fitt provided y^ same doe not exceed fifty acres of Land and fifty acres of Land more to them for each servant that he or they shall at their own cost & charge Import into Carolina ther to plant and inhabitt and within fourteen dayes after their arrival record the names and age of the said Servants and the ship they came in, in the Secretarys office and you may also Grant to each Servant that is willing to signe the like Counter- part when out of his or their time so much Land as you and our Governor for the time being shall think fitt provided it doe not exceed fifty acres to the respective persons and their Heirs for ever they paying one peny ^ acre ^ annum quitt rent for ever and which is to begin to be paid the next Michaelmas two years after the choice of their Land and to be soe Incerted in their respective Grants. XXX 19 Any person that hath at his charge brought persons into Carolina to plant having made the same appear to you and that the names of the said persons and the ships they came in were Registered within fourteen days after the said Ships arrivall having Subscribed to beare faith and true allegiance to our Sov- eraigne Lord and Lady the King and Quen and fidelity to the Lords Proprietors you are to Issue out a warrant to our Surveyor Generall in the forme following none otherwise Whereas hath made it apeare that he hath at his proper cost and charge Imported into the province of Carolina persons aged above sixteen years to plant and inhabitt the said province named And per- sons under that age named the names of all which persons were registred in the secretarys office within the space of fourteen dayes after their respective arrivall in the 56 province aforesaid you are therefore to survey and admeasure out for the said Acres of Land according to the Rules and proportions apointed by y^ Lords proprietors Instruc- tions for Granting of Land, of which survey you are to make a Certificate the which together with the plot of said Land you are to returne to me that Grants may be made for the said Land and you are to take notice that if the said doe not within the space of ninety days after your survey eing or admeasuring of y^ said acres of Land take out Grants for the same and signe the Counterpart thereof according as it is apointed by the power to me given & Granted by William Earle of Craven Anthony Lord Ashley George Lord Carteret S''= Peter Colleton Barronet Seth Sothell Thomas Archdale and Thomas Amy Esq'■^ for conveying land that then the said Land is free to be made choice of run out surveyed and Granted to any other person whatsoever Given under my hand & Seale this day of Anno Domini 16.. X X And our surveyor or his deputy having done the same and the warrant and his returne thereon being recorded you are to pass a Deed Indented for the Same according to the forme to which These our Rules are annexed and you are to cause the party to whom you pass y« said Deed at the same time and before the Same witnesses to signe Seale and deliver a Counter part thereof to the use of us William Earle of Craven Anthony Lord Ashley George Ix)rd Carteret S''= Peter Colleton Seth Sothell Thomas Archdale and Thomas Amy our Heirs and assignes to which Deed you the said Collonell Philipp Ludwell and in case of your death or absence the said James Colleton and in case of his death or absence the said Thomas Smith and in case of his death or absence the said Paul Grimball and with the consent of the rest of our said Trustees or any two or more of them Testified by theire being wittnesses to the same, and y^ Counterpart being so signed sealed and delivered as a foresaid both are to be Recorded in the Registers office and the Counterpart of the said Deed to be kept^ amongst the Records of Land disposed of. X X 20 Whereas Divers persons who have noe mind to be incumbred with payeing of rent have bought Land of us and may hereafter buy Land of us. You are to such as produce our order for it under the hand and seale of the Palatine and under the hands & seales of any two or more of the Lords Proprietors signifyeing the sume of money Received and the quantity of Land sold, to 57 pass Grants for the same according to the forme following. X X William Earle of Craven Palatine Anthony Lord Ashley George Lord Carteret Sr= Peter Colleton Barro" Seth Sothell Thomas Archdale & Thomas Amy Eq''^ the true and absolute Lords and Proprietors of the province of Carolina To all to whome these presents shall come Greeting Know Yee that we the said Palatine and Lords Proprietors for the Consid- eration of pounds of Lawful money of England to us in hand paid befor the sealing and delivery of this our Grant. Have bargained sold released confirmed assigned and sett over and by these presents doe bargain sell Release and Confirme assigne and sett over unto of a plantation contayn- ing acres English measure lyeing and being in the county of bounded according to the plot hereunto annexed to Have and to hold the said acres of Land to him the said His Heirs and assignes for ever with privilege of hawking hunting fishing and fowleing within the bounds of the same with all woods and trees with what else is thereon standing growing and being. Except all Mines and mineralls and all Quarrys of Gems and precious stones yielding and payeing therefor unto us our Heirs and assignes on every twenty ninth day of September ensueing the date hereof one year of Indian Corne when Lawfully demanded Given at Charles Towne in Berkley County in the province aforesaid under the Seale for that purpose provided wittness And the rest of our Trustees for Conveyeing Land in Carolina who have hereunto sett their hands this day of Anno Domi 16 . . 21 This Grant being sealed with our Seale for that use provided and you the said Collonell Philipp Ludwell Having signed it and in case of your death or absence the said James Colleton and in case of his death or absence y« said Thomas Smith and in case of his death or absence the said Paul Grimball and any two or more of the said James Colleton Thomas Smith Paull Grim- ball Joseph Blake John Comings and Richard Conant and it being Recorded in the Registers office shall be a full and firme conveyance of the Land therin mentioned to the persons to whom it is Granted his Heirs and assignes for ever. X X 22 You are to pass Grants to the Landgraves and Cassiques for the Baronys according to the forme following and not otherwise. X X This Indenture made the day of in the year of 58 our Lord Between the E*. Hono'^'e William Earle of Craven Palatine Anthony Lord Ashley George Lord Carteret S''= Peter Colleton Barronet Seth Sothell Thomas Archdale & Thomas Amy Esq" : The true and absolute Lords & Prop''®= of the province of Carolina in America of the one part And A. B. one of the of Carolina of the other part wittnesseth that the said William Earle of Craven Palatine Anthony Lord Ashley George Lord Carterett S'-^: Peter Colleton Seth Sothell Thomas Archdale & Thomas Amy Doe Give and Grant and for them their Heirs and Succes- sors doe give and Grant unto A. B. as one of the of Carolina a Barony containing twelve thousand acres of Land English Measure lyeing and being in the County of in the Province of Carolina aforesaid and bounded according to the plot hereunto annexed together with all woods under- woods Trees and what else there is thereon standing or growing with priviledge of Hawking hunting fisheing and fowling Except and allwayes reserved out of this present Grant all Mines and Mineralls Quarrys of Gems and precious stones To Have & to Hold the said Baronys of twelve thousand acres and the premises hereby Granted all Intirely and undevided unto him the Said A. B : and his Heirs and to such his assignes and noe other to whom he shall assigne over or sell the same together with the Dignity of and the Barony thereunto belonging all Intirely together and undevided befor the year of our Lord one thousand seaven hundred for ever yeilding and payeing therefore yearly and every year upon the twenty ninth of Sep- tember in every year unto the said William Earle of Craven Anthony Lord Ashley. George Lord Carteret S'-. Peter Colleton Seth Sothell Tho= Archdale & Thomas Amy Their Heirs and assignes the yearly rent of twenty pounds of Lawful! money of England or as much silver in other coine as there is or by Law ought to be in twenty pounds of lawfull money of England the first payment to begin on the twenty ninth day of September which shall be in the year of our Lord Christ one thousand to be holden of them the said William Earle of Craven Anthony Lord Ashley. George Lord Carteret S"". Peter Colleton Seth Sothell. Thomas Archdale & Thomas Amy their Heirs and assignes in fee and Comon Soccage and the said A B. doth for himselfe his Heirs executors 59 administrators and assignes Covenant & promise and grant to and with the said William Earle of Craven Anthony Lord Ashley George Lord Carteret 8''= Peter Colleton Seth Sothell Thomas Archdale & Thomas Amy Their Heirs and assignes in maner and forme following (that is to say) that he the said A B : his Heirs and assignes shall and will from time to time and at all times hereafter well and triiely pay or cause to be paid the said yearly Rent of twenty pounds or the quantity of silver aforsd Hereby reserved unto the said William Earle of Craven Anthony Lord Ashley George Lord Carterett 8'-= Peter Colleton Seth Sothell Thomas Arch- dale & Thomas Amy their Heirs and assignes in Charles Towne in Berkley County in the said province of Carolina provided always and it is hereby agreed that if the said yearly rent of twenty pounds or the quantity of silver aforesaid hereby reserved should be behind and unpaid in part or all by the space of ninety days next over or after any of the said days of payments whereon the same ought to be payed by vertue of the reservation thereof herein befor contayned that then and so often it shall and may be Lawfull to and for the said William Earle of Craven Anthony Lord Ashley George Lord Carterett' S''= Peter Colleton. Seth Sothell Thomas Archdale and Thomas Amy their Heirs and assignes from time to time and at all times there- after into all and every of the premises hereby granted or any parte thereof to enter and distraine and the distress and distresses then and there found to take lead and cary away and Impound or the said distress and distresses to dispose off according to the Laws of England untill they shall be fully satisfied all arrears of the said rent and it is hereby further agreed for the said A B. his Heirs and aasignes shall have power of granting estats of two third parts of the said Barrony in such parcells and to such persons as he his Heirs & assignes shall think fitt for three lives or for thirty one years certain and noe more and that one full third part of the said Barony and the remainning third part be allways Demesne and remaine in the possession of the person who shall posses the said Dignity of for the better Support of the said Dignity In Wittness whereof the partys hereunto Interchangeable have sett their hands & seales the day and year first above written Given under our hands & Seales the sixth day of february Anno Domini 1692 60 T*"^: 18*^: Examined p me Craven Palatine (seale) 1693= Paul Grimball A. Ashley ( X ) Secry Peter. Colleton (X) Xgth 7ber Read & Examined John. Archdale — ] 1673 by ye Governor & for j. (X) Counsill Thomas Archdale J Tho : Smith Thomas : Amy ( X ) William Earle of Craven Lord Viscount Craven Baron of Hamp- stead Marshall Palatine and the rest of the true and absolute Lords & prop" : of y^ province of Carolina To all whom These presents shall come Greeting Know ye y* whereas wee did publish and under our hands and Seales apoint Constitutions of Government for the province of Carolina wherein among other things it was provided that every fforraigner that should Subscribe the said Constitutions and take an oath to beare faith and true allegiance to our soveraigne Lord the King His Heirs and Successors and to be true and faithfuU to us the Lords proprietors our heirs and Successors should be natu- ralized and enjoy all the same privileges with English men And Whereas the inhabitants of the said province has declared they would rather be Governed by the powers Granted to us by our Charter or Letters patent from the Crowne and wee our selves being of opinion it may be more for the quiet of the inhabitants and protection of the good and orderly inhabitants of our said province and speedyer bringing to Justice all such as shall break the Laws in favouring of pyrats or Injuring the indians or other things, have also thought fitt to Governe the said province by the full power Granted to us by our said Constitutions there is now noe provizion for the securing the descent of the reall Esteats of fforreigners to their next Heirs or to such to whom by their Last Wills and Testaments, they shall bequeath the same butt doe by Law escheat to us who are the true and absolute Lords and Proprietors of the said Province Yett wee being unwilling to take advantage of the Inconveniencys. the said fforreigners have contributed to bring on themselves by Joyning with those who oposed the receiving the said Constitutions for the security of the descent of their reall Estates to their posterity or to such to whom they shall by their Last wills and Testaments bequeath the same Doe Hereby promise and declare for ourselves our Heirs Successors and assignes not to take the advantage of the 61 forfeiture of any Aliens estate that shall escheat to us upon his death that heath taken out Grants for the same and duely paid the rent of one peny ^ aker of all Lands he hath possest in Caro- lina not bought of us and the like of all Land bought of us and paid for butt will Suffer the same to goe to and be enjoyed by the next of Kin to the said person that is deceased or by the person to whom by his last w411 and Testament he shall bequeath the same and at their request will convey the said reall estate to the said persons according to the forme wee have apointed for Granting of Land in Carolina without any other Conditions then such as were contayned in the Grant to the Alien deceased and without any other Charge then the usuall fees for such Grants. And our Will and pleasure is that this our Grant be Registred in the Secretarys and Registers office in Carolina that it may remaine upon Record in the said province and be binding to us our Heirs and Successors and assignes In Witness whereof wee have hereunto Sett our hands & Scales this twelth day of A prill 1693 Recorded the 20*^^ (j^y Qf ggp. Craven Palatine (X) tember ^ me A : Ashley ( X ) J° Hamilton Peter Colleton ( X ) Dep*y: SeCy Thomas Amy (X) Whereas wee Have contracted w^th M''. James Le Bas for three thousand acres of Land for one hundred and fifty pounds of which sume Wee have already received Ninety pounds, you are to direct the surveyor Generall to admeasure the same out for him in such place as the said M"": James Le Bas shall choose within the Limitts And with such proportion of front to the Navigable Rivers & Creeks as wee by our Instructions for setting out & bounding of Land bearing date in September 1683 have appointed and you are to pass Grants for said Three thousand Acres of Land to him and his Heirs and assignes for ever Reserv- ing onely one year of Corne Rent when Lawfully demanded According to the fforme we have appointed for Land sold Which three Thousand Acres of Land Is to be a Manner If he the said M"^. James Le Bas shall soe desire. And you are to take from him a Mortgage of the said Three Thousand Acres of Land to S"". Peter Colleton for our use for the Securing the payment of the Remaining sixty pounds on the five and Tw^entieth day of Decem- ber which shall be in y^ year of our Lord one Thousand six hun- 62 dred eighty and six here in London for which this our order (which you are to record and ffile) shall be your warrant Given under our hands and Seales this six and twentieth day of Sep- tember Anno Dom 1685 To Joseph Morton Esq'' one of Craven Palatine (X) the Landgraves and Governor Peter Colleton (X) of that part of our province of Seth Sothell Carolina that lyes south and West of Cape fear and to the Governor for the time being and our dep'^^ Recorded this 20'^: of September 1693 : ^ me J° Hamilton Depty; Sec^y London, this iO'^: of Aprill. 1693 Wee have seen an Act past in Carolina Intituled an Act to pro- vide Indifferent Jury men in all causes Civill and Criminall which Act requiring the Sheriffe of each County to devide all the Persons of each County into twelves and them write in papers and two papers of twelve names each to be drawne and the persons whose names are therein contained to be Sumoned to serve as Jury men the next Court after Such draught and then one of the said papers drawne againe and the persons whose names are writen in the paper thus last drawne to be the Jury for tryall of Causes. We Judge to be very unreasonable and many wayes dangerous and Tending to the leaveing the most Enarmous Crimes unpunisht especially Pyracy for it will thereby be in the power of the sheriffe so to devide the twelves for each paper that there shall be in every paper some notorious favorers of pyrats who Comeing prepared for it. may be able to constraine the rest of the Jury to consent to what Verdict they please, Which being contrary to their Majt'^^: Service and dangerous to the peace perhaps of England it selfe, and the said Act being in other things very dangerous to the Inhabitants of our Province and Contrary to the Laws of England as it is declared in the Bill of Rights passed in their present Majestys Reigne. Wee have thought fitt to dissent to and thereby have made the same null and voyd and doe require you nott to Suffer the same to be putt in Execution as a Law in Carolina and that you doe forthwith upon receipt hereof give notice of our dissent to the said Act to y* 63 respective sheriffs of the Countys there and that the' said Law is thereby vacated and ceased to be a Law and that they are not to putt the said Act in Execution as a Law any Longer. Wee have also seen another Act Intituled an Act to regulate Regulate^ Elections of Members of the Generall Assembly which Act enabling all persons that make oath they are worth ten pounds to give their vote for Members of y^ Assembly and all the Members for the present being chosen for the Countys. Wee are of opinion they ought all to be ffreeholders that elect and the said Act nott mentioning how longe any person worth Ten pounds must have been an Inhabitant of the County before he be admitted to vote for Members of the Assembly, It is so loose that by this Act all the pyrats that were in the shipe that had been plundering in the Red Sea had been quallified to vote for Representatives in Caro- lina which being of dangerous consequence to the inhabitants, Wee have thought fitt to dissent to that Act also, butt have Cheer- fully passed and under our hands and Scales ratifyed and con- firmed the Act Intituled an Act for the better observation of y^ Lords day comonly Called Sunday and are as well pleased with all those that voted for it and wee ho^De that you will take great care the said Act be strictly put in Execution Wee have also ratified and confirmed the Act intituled an Act to prevent Swine going loose or at large in or about Charles Towne and to prevent Nusances and Shall be alwayes ready to consent to any other Act that wee are convinced is for the good or con- veniency of the inhabitants of our Province Wee have thought fitt to Send you additionall Instructions about passing Laws in Carolina which you are to observe and wee doe require that you ratifye no law that diminisheth or altereth any of the powers granted to us in our Charter from the Crowne but when any such bill is past in the Generall Assembly & con- sented to by our selves you are to Send the Same unto us for our aprobation and consent befor you ratify the same our intent and meaning being that nothing of that nature should be putt in Execution as a Law in Carolina untill wee our selves have con- sented to it X The ffrench have complained to us that they are threatned to have their Estates taken from their Children after their death ^The first "regulate" is the last word on page 93. "Regulate" is the first word on page 94. Between them on an unpaged leaf is recorded "Instruc- tions for Granting of Land". 64 because they are Aliens now many of them have bought the Land they Enjoy of us and if their estates are forfeited they Escheat to us and god forbidd that wee should take the advantage of y^ forfeiture nor doe wee soe intend and therefore have Sent our Declaration under our hands & Seales to that purpose Which wee will Shall be registred in the Secretarys and Registers office that it may Remaine upon Record in Carolina and be obleidging to our Heirs Successors and assignes, They also complaine that they are required to begin their Divine Worshipe at y« same time that the English doe which is inconvenient to them in Regard that several! of their Congregation liveing out of the Towne are forced to come and goe by water and for y« Convenience of such they begin their Divine worship earlyer or later as the Tide serves in which wee would have them not Molested They complaine also that they are told the Marriages made by their Ministrers is not Lawfull because they are not ordained by some Bishop and their Children that are begotten in such Mar- riages are Bastards Wee have power by our Patent to grant Lib- erty of conscience in Carolina. And it is Granted by Act of Par- liament here and persons are Marryed in the Dutch and ffrench Churches by Ministers that were never ordained and yett wee have not hard that the Children begotten in such marriages are reputed unlawful! or bastards and this Seems to us oposite to that Liberty of conscience their Majesties have consented to here and wee pursuant to the poAver Granted to us have Granted in Carolina X X X X Wee desire these things may be remedyed and that theire Com- plaint of all kind be heard with favour and that they have equall Justice with English men and Enjoy the Same priviledges it being for their Majesties Service to have as many of them as we can in Carolina XXX Wee would have them receive all manar of Just incouragem*: whatsoever and we would have you send for y*^ cheife of them and give them asurance of it Wee find that M"^. Joshua Hobson Deputy to M^ Grimball in the Secretarys office did Suffer for the refusing to submitt to the usurped authority of M"". Sothell wherefore wee are willing that he should be incouradged and would not have him hindred from pleading in the Courts there as well as assisting him as his Dei^uty in Secretarys office, The which wee doe in favour to the s'^. Joshua Hobson as well as to ease our Secretary who being 65 to Send us constant copys of all that passeth in the Coimcill and Parliament there, for which he hath noe fees wee would not have his charge augmented by forcing him to allow M*". Hobson a greater salary to Incourage him to continue his Deputy and this wee would done unless you can give us Some very substantial! reason to the contrary X X Wee observe in the Act about Jurys the fines of those Jury men that doe not apeare are apointed to be paid to y^ Treasurer to be disposed of as the Generall Assembly shall direct Wee doe not find one president that the Parliament of England have ever reserved any money either out of Taxes or forfeitures to be disposed of by themselves, And by our Grant from the Crowne the Laws of Carolina are to be as near as may be agreeable to the Laws of England. Wherefore wee desire you to be cautious how you pass any Such Clauses for the future, for we shall con- sider very well befor wee pass any such, all publique money in Carolina must be disposed of by our order or consent XXX And wee also desire that in all Acts or other publique writings you give us the same Stile that is given to us by the Crowne in our patent of true and absolute Lords Which Title gives us no more power then the patent it selfe doth nor doe wee claime more thereby X X X X X Wee have thought fitt to apoint M^ Thomas Smith to be Sheriff or Cheif Judge of Berkly County by which Imployment wee doe not understand that he is incapacitated to serve as a Deputy butt may continue in that station alsoe wee comitt you to pro- tection of Almighty God and rest Your very affectionate ffriends To the Governor and our Craven. Pallatine Deputys at Ashley River in A: Ashley Carolina P: Colleton Recorded this U^^: day of Tho: Amy November: 1693 ^ me J° Hamilton Dep'y; SeC-fy Wee the Pallatine and Lords Prop-'s doe ratify & confirme the Act Entituled An Act for the better observation of y^ Lords Day comonly called Sunday Witness our hatids and Scales this seventh day of Aprill one thousand six hundred ninety and three -H. c. 66 John Archdal ) Craven Pallatine (seale) for Tho. Archdal 1 (seale) A: Ashley (seale) Thomas. Amy (seale) P: Colleton (seale) Recorded this 14*''. day of November i693 ^ me J° Hamilton Depty SeCty Wee the Palatine and Lords Prop'^s doe ratify and Confirme the Act. Entitiiled An Act to Prevent Swine goeing loose or at large in or about Charles Towne & to prevent Niisances Witness our hands and Scales this tenth day of Aprill one thousand six hun- dred ninety and three Recorded this i4th day Craven Pal*'"^ : (seale) of November 1693 ^ me A: Ashley: (seale) J" Hamilton P : Colleton (seale) Dep'y; SeC^ty Thomas. Amy (seale) Wee the Palatine and. Lords Prop'^s. doe dissent to the Act Entituled An Act to regulate the Elections of Members ol Assembly, and thereby make the Same Null and voyd Witness our hands and Scales this Tenth day of Aprill 1693 Recorded this 14*^^. day Craven Pal*'"^: (X) of November 1693 A: Ashley (X) ^ me P: Colleton (X) J° Hamilton Thomas Amy (X) Depty; Sec ty Wee the Palatine and Lords Proprs Doe dissint to the Act In- tituled An Act to provide Indifferent Jury men in all Causes Civill and Criminall and thereby make the Same Null and Voyd Wittness our hands and Scales this seventh day of Aprill 1693 Recorded this 14'^ Craven Palt'"^: (X) day of Novem.ber A : Ashley ( X ) 1693 ^ me P : Colleton ( X ) J° Hamilton Thomas Amy (X) William Earlo of Craven Lord. Viscount Craven. Baron of Ilampstead Marshall Palatine and the rest of the true & absolute Lords Proprietors of the Province of Carolina 67 To all their Majestyes faithfull Subjects inhabitants of our said Province and to all others whom it may concerne. Greeting Whereas, by our Proclamation bearing date the eight day of November in the year of our Lord one thousand six hundred ninety and one. for divers good Considerations. Wee did suspend M"". Seth Sothell who is or pretends to be one of the Proprietors of the said Province from the Government thereof, and who had taken the Government thereof upon him as he pretended by vir- tue of certain Constitutions by us apointed for the Goverment of our said Province and Wliereas the inhabitants of our Pro- vince have desired rather to be Governed by y^ full power Granted to us by our Charter from the Crowne as it was repre- sented to us by M"". Maurice Mathews the whom they did Im- power to be their Agent with which their desire wee having Complyed Whereby the Rules and Limitations apointed by the said Constitutions for the Goverment are now ceased and y* Goverment of the said Province is to be for the future as it shall be directed by the Majority of us the said Lords Prop''s : of the said Province pursuant to the powers granted to us by our Charter, And whereas Wee are informed that the said Seth Sothell hath notwithstanding our said suspention pretended a right to the Goverment to the great disturbance of the quiett of our Province that none of y^ inhabitants may be seduced from their duty by the pretensions or Inveglings of the said Seth Sothell and thereby run into the danger of the loss of their lives and Estates by the breach of the Lawes through Ignorance Wee doe hereby make knowne and publish they are not to obey the said Sothell as Governor of Carolina or any party thereof unless to be Impowred soe to be by the Palatine and Major part of the Lords Prop^^s : by Comission under our hands and Seales butt are to obey such other Governor as shall be apointed by us the Palatine and the Major of us the Lords Prop''s: or in default thereof by the Palatine himselfe under his hand & scale and if no Governor be appointed by the Palatine under his hand and Seale' then such Governor as shall be apointed by virtue of our Instructions for the Goverment bearing date the eight day of November one thousand six hundred ninety and one or such other Rules and Instructions as shall be hereafter given by us under our hands and Seales whereof none are to fail as they will 68 answer the Contrary at their perills. Given under our hands and Seales this Eleventh day of May one thousand six hundred ninety and Three Recorded this 14:^^ day of November. i693 f) J° Hamilton Depty; Sec^ty Craven Palt'"^: (seal) Cartaret (X) A: Ashley (X) P : Colleton (X) John Archdal ! for Thomas. Archdal (X) Tho : Amy J (X) William Earle of Craven Lord L" : of the county of Medlesex and Barrough of Southwarke one of the Lords of his Maj*'^ : — most Hono^'^ privey councill Pallatine and the rest of the True & absolute Lords & Prop" : of the Province of Carolina To Joseph West Esq'^ Governo"^ : of that part of our Province that Lyes South and west of Cape feare or The Governo'^ for the time being & our Deputys Greetting Whereas we have Sold unto Isaac ffleuery three hundred and fifty acres of Land in Carolina, for which we have Received Seventeen pounds Tenn Shillings, You are to Direct y*^ : Survey©'' Generall to admeasure the Same out for him in Such place as he the Saide Isaac ffleuery, Shall choose within the Lemitts & w'^^ : Such proportion of front to y^ : navigable river or creeks as Wee have by our Instructions beareing date in September one thous- and Six hundred Eighty & three apointed, And you are to passe grants for the Said three hundred & ffifty Acres of Land to him his heires & Asignes forever according to the forme Wee have apointed for Land Sold for which this shall be your warr': w'^^ : you are to Record and file Given under our hands & Seales this fourteenth day of Aprill one thousand Six hundred Eighty & five Recorded this 2pt . Craven Palt'"«: (X) March 1693/4 Albemarell (X) ^ me Paull. Grimball : Secr^y : P. Colleton ( X ) William Earle of Craven Lord viscount Craven Baron of hamstead Marshall Palatine To Thomas Smith Esq-" : Governor of the Province of Carolina 69 Whereas it is agreed by y« : Lords Prop'^^ : of y^ : Said Province that the Pallatine Should name y« : Governo'^ : I out of y^ : trust & Confydence, I have of y^: wisdome Prudence Integrety & Loy- allty of you Thomas Smith doe hereby nominate constitute & apoint you y^ : Said Thomas Smith to be Governo"" : & Comander in cheif in Carolina w'^: full power & authoritye to doe, act & execute all Such Jurisdictions & powers as by virtue of y^ : Rules of Govern!^ : & Instructions given by my Self e & y^ : Rest of y^ : Lords Prop""^ : of y« : s'^ Province, a Governo"" . . is to doe & Excer- sise, and you are to follow Such Instructions as are herew'^ ; Sent you or y*. you Shall hereafter from time to time receive from my Selfe, & y^ : Rest of y^ : Lords Prop"^* : of the Said province & thus to Continue dureing my pleasure. Given under my hand & Seale this twenty ninth day of Nov^^"" : in y^ : yeare of our Lord. 1693/ ^ Paltine (Locco) Craven : (Sigile) Recorded this 7*^ : aprill 1694 ^ me PaulL Grimball Secr'^y : Whereas we did on y^ : twenty Eight of September one thousand Six hundred eighty three receive from Robert Stevens & Barthol- omew Le Roux y^: Sume of Seaventen pounds ten Shillings y^: purchase money of three hundred & fifty acres of Land for W^** : we issued out an order for y*^ : passing grants to them for y^ Said Land in these words Following William Earle of Craven Lord Lieutenant of y^ : County of Mid- lesex & Borrough of Southwarke one of y^ : Lords of his Majesties most hono^'e : Privy Councill & palatine & y^ : rest of y^ : true & absolute Lords & prop" : of y^ : Province of Carolina To Joseph Morton Esq"^ : Governo'^ : for y* : part of our Province that Lyes South & west of Cape feare or y*=: Governo"". for y^: time being & our Deputies Greeting X X Whereas we have Sold unto Robert Steven & Bertholomew Le Roux three hundred & fifty acres of Land for W^^: we have received of them y^: Sume of Seaventeen pounds, ten Shill, you are to direct y« : Surveyo"^ : generall to run y*^ : Same out for them & you are to pass grants for y«: Same as we have directed for Land Sold, & they Carrying or Sending five ^sons in this Ship, by which there is two hundred & fifty acres more due to them for w^^ : they are to pay y^ : rent reserved by yo"" : Instructions you are to direct y« Laying out of y'^ : whole Six hundred acres for them 70 in y^: towne precinct if they desire it, for which this Shall be your warr": Given under our hands & Scales this 8"' of Sep**="M 1683 Craven Albemarell Bath or y^: L,'^: Carterett P Colleton Recorded this 26*'^ : March 1694 ^ me Paull Grimball And whereas its is aleaged by y^ : Said Robert Stevens y* : y^ : S'^ : Land was not taken up by him or y^ : Said Bartholomew Le Roux or grants pased for y^. Same if upon examination you Shall find y' : Grants for y^ : Said Land hath not already past for y^. Same to y^ : Said ^sons or either of them or to any other ^son for them, you are then to pass grants for y^: Said three hundred & Fifty acres of Land according to y^. forme we have directed for Land Sold, & if y^: Said Stevens Shall desire y*: one hundred acres of Land by him purchased of one John Maverick be part of y^. said thre hundred & fifty acres of Land, you are to include it in y^. Said grant for which this our order w'^'^ : you are to record & file Shall be yo"": w^arr": Given under our hands & Scales this 23d . (Jay of Septet ; 1690 To James Colleton Esq"": one of y^ Landgraves & Gov- erno"^: of y*: ^t of Carolina y': Lyes South & west of Cape feare & y^: rest of our Trustees for granting of Land Recorded y*^ : 20*'' : March 1694 ^ me Paull Grimball London y^: 24° of November 1693 Wee have reced yo"^ : Letter of y^ : 17° — of May by way of new yorke & alsoe y*: of y^: 24° by way of Barbadoes by which we perceive y* : y« : Goverm* : is in y« : hands of M*" : Tho : Smith w'^'* : is as we would have it, we perseive y^. asembley hath past eight acts of w'^^: we have not as yett Reced y^: copys we understand there was Some Struggling about an act of Indemnity, butt Such pardon as we think fitt to grant was Sent by y^: Last Ships y*: went from hence w'^'^: we hope will putt an end to y^: debates about y^: matter we take notice y*: Some of y^: troublers of y^: quiett of Carolina have Left it, & y*: you are of opinion y*: if three more were gone, y^: country would be Soone in a Settled Craven (X) P Colleton (X) Thos: Amye (X) 71 Condition y^: laws of England have apointed punishm*: for Such as by false & Scandelous reports & Sedicious Speechs & Insinuations endeavour to disturbe y^ : publique peace & quiett, & if you putt these Laws Streictly in Execution, men will be Care- full how they offend w"^'^: will produce order & quiett we Shall Inf orme y^ : Comissioners of theire Maj^y®^ : Customes here, of y^ : Care you have taken aboutt their Maj^y^ : dutys on Cotton trans- ported from Carolina to other plantations we perceive y*: Coll Ludwell had proposed to y^ : asembly to Consider of a forme of a deed for us to grant our Land by, for W^^^ he had noe authoritye from us, nor doe we aprove of it, for y^ : Land is ours & we Shall not part w*^: it but upon our owne termes, we take notice, y*: you have information y*: one Westbrooke hath been killed by a Savanah Indian & y': you are resolved to enquire Streictly into it Least you fall into y^: contemptt of y^: Indians you are to be very CarefuU in this matter, for we have heard it is comon among the Indians to doe an ill thing & then Lay it upon another nation, & if y^: matter of fact be done by a Savano our opinion is that you Shall require y*^ : Savanos themselves to punish y^ : person y* : did it, and not deliver him up to be punishett by you, for we are Informed y*: Indians are aptt to reveng y^: death of theire Relations upon y' : nation y* : putt him to death although he be delivered up as a Criminall by his owne nation to be putt to Death, & you must not expect to have Long peace w*"*: y*: Indians unless you punish Such English as doe violence to them In our Instructions for y*=: Goverm*: to Coll: Ludwell we ordred y*: all Pyratts that Came to Carolina Should be Seized & prosecuted & therefore we desire that you will Satisfye us how it Came to pass how those Pyratts that Left theire Ship as a wreck at Sea & came into Carolina & where they Confest (as we are Informed) that they had been plundring y«: Mogulls Sub- jects in y^ : red Sea came not to be procecut'd & try'd as pyratts when by their owne Confession there was proofes against them, we Comitt you to y^ : protection of almighty God & rest Your very afectionate ffrends Recorded y*: Craven Pallatine 10th . of Aprill 1694 A Ashley ^ me Paull Grimball P Colleton Thomas Amye Read in Councill y« : 13 day of March 16934 72 Whereas we are informed y*: divers of the Inhabittants of our province not willing to have y^ : Incumbrance of a rent on theire Lands are Desirious to buy y^ : Same But not haveing money in England desire they may be admited to pay y*^ : purchase money In Carolina w*'' : w'^^ : theire desires we being willing to Comply Doe therefore hereby Impower & Direct you James Colleton Esq''^ Paull Grimball Tho: Smith & Barnard Schenckingh Esq'^^= & y^ : rest of our trustees for ganting Land to pas grants to all Such ^sons for Land after y^ : maner we have Directed for Land Sold y*: Shall have paid to Paull Grimball Esq"": our Reseiver Generall y^: purchase money for y«: Same after y': rate of one Shill for every acre either in y^ : Curr" : money of y^ : Kingdome of England or in peices of Eight of y^: Coyne of maxico Civill or piller money of peru weighing Eighteen peny troy weight each peice of Eight or in Leighter peices of y^ : Same Coyne After y^ : rate of five Shill : & four pence y^ : ounce troy, & Shall produce to you y^ : Said Grimballs Receipt for y^ : Same, Registred in y^: Registers ofice, alwaise provided y*^. Such Sales doe not in y^ : whole Exceed twelve thousand acres nor be not any of y^: towne Lotts of Charles towne or any other towne for all which this Shall be your warr" : Given under our hands & Scales this 8'^= of Novber= 1691 Recorded this Craven Palatine ( X ) 1st . may 1694 A Ashley ( X ) ^me Carterett (X) P Colleton ( X ) John Archdale 1 for Tho: Archdale \ (X) Tho : Amy ( X ) William Earle of Craven Lord viscount of Craven Baron of Hampstead, Marshall Lord Lieutenant of the County of Midd'': and Burrough of South warke one of the Lords of his Majesties Most Hono**^« privy Councill, Lieutenant General of all his Maj^^^^ : fforces Pallatine, And the Rest of the Lords and Prop''s of the Province of Carolina To James Colleton Esq"" one of the Landgraves of Carolina : Landgrave Joseph West, and the rest of our Trustees for Granting Land in Carolina Whereas wee have given unto Maurice Mathews Esq'' one thous- and Acres of Land in Consideration of his haveing Purchased 73 the Lands from the Indians and takeing Bills of Sale for the Same according to the forme by us Sent him (viz) one from the Cassique of Stonoh, one from the Queen or Cheife Governesse of Edestoh, one from the Cassique of Ashepoo one from the Queen or Cheife Governesse of S*: Hellena, one from the Cas- sique of Combahe, one from the Cassique of Cussah, one from the Cassique of Wichcaugh, one other from the Cassique of Wim- bee, And one other Generall Deed from all the said persons of their said Lands from the Sea to the Appalatean Mountaines, You are therefore to Cause the said one thousand Acres of Land to be Laid out for the said Maurice Mathews, in Such place as he Shall desire, not already made Choice of by Some other ^son who hath a Right to Choose, Or that is not made Choice of for the Precint of Some Towne, alwayes Provided that the said Land be within the Limitts And bounded according to our Rules for Setting out measureing of Land, ffor which you are to passe Grants to him and his Heires Reserving only one Eare of Indian Corne Rent yearly when Lawfully Demanded, According to the fforme Wee have appointed for Land Sold for which this (Which you are to Record & ffile) Shall be your Warrant, Given under our hands and Scales, this Second day of November Anno Domi 1686 Craven Pallatint (X) Albemarle (X) P : Colleton (X) Tho: Amy (X) ^ J° Hamilton Deyty: Sec^y Recorded this 6**^ : day of ffeb''y Anno Domi 169 4/5 To the Governor of South Carolina I doe hereby give Liberty unto William Sadler uppon his arrairvell in Carolina to take up a Towne Lott for himselfe out of that Land, which was formerly Run out for me at Charles Towne, Witness my hand this 20^^: July 1694 John Archdale. Recorded the 20*^ : March 169 4/5 ^ J° Hamilton Depty: Sec-^ty 74 Wee understand that the Ground weares away at Charles Towne for want of wharfing in, Now wee are Content that every man that hath a Lott on the Sea, shall have Liberty to wharfe in the Land before his Lott in the said Towne, and take the profitt of it to himselfe Provided that the persons who have the benefitt of this our Concession doe Settle Some way amongst them, for the wharfing and keeping in Constant Repaire. The wharfes against the Ends of the Streets allso; So that there may a Wharfe for the other Inhabitants to Land their Goods at with- out Charge, Dated the 24'^ day of Aprill, j694 To our Governor and Craven Pallatine Deputyes at Ashley River Bathe Recorded the 24^'^ day of A: Ashley xber i694 ^ John Archdale for J"o Hamilton Tho: Archdale Depty : SeC^ty Tho : Amy London. Aprill y« 24°: 1694 Wee think good to give you a Small Abstract of a former Letter to you of the 29''^ of November 1693 : wherein wee earnestly Sig- nified, our Great Dislike of your entertayning or in any wise Coniving at the releife or Succouring of any Pyrats especially of that Grand one from the Red Sea who there plundred y« Mogulls Subjects as wee have been Informed of, which wee desire an Acco" in your next to us Wee also Expect an Accompt of the murder of Westbrooke by a Savanah Indian, hopeing that you have been diligent, to Search into the truth thereof, and punish the Same according to Justice, butt Since that time, wee have Reed yours of y« 12° — of October i693, whereby wee are Surprized at the Strong ferment of Dis- content amongst the people, as alsoe of your despair to Alley and accomodate the Same and therefore of your Intentions and of many of the people to remove into other parts of America with- out giving us y*' particular Causes of this great discontent. Lay- ing the same only upon a Generall faction of a Long Date amongst you, Hopeing therefore that this our Letter may find the Strong discontented humour of the people more allayed and your owne feares more Abated, Wee desire y^ principall aggreivances may be in particular represented to us by the first Ships, And wee doubt not. but to give the people all reasonable Satisfaction on our part. In the Mean time wee desire you to assist our Receiver 75 Generall in gathering our quitt Rents either in Money, or in the true and full value in Such Comoditys of the produce of the Country as you both shall think fitt, Wee expect our arrears to be gathered gradually, there being foure yeares due at Lady day Last, Wee Expect that before Michaelmas day next, Two yeares Rent be Collected, And So every year two yeares together, untill the whole arreares be Satisfied, And this wee Look on as reasonable haveing at the beginning of our Planting that Col- lony: allowed fifteen years time free of all quitt Rents, whereas noe other Country though, pretending great Matters to encourage the new Settlement ever allowed Soe farr as wee can understand above two or three years. And whereas wee understand by Some accounts thence that vast quantitys of Land as Seventy thousand akers are taken up on our Accomj^ts in your parts. And thereby the Plantations lye in Great distances and the Countys unin- habited wee therefore by the first Shipp, alsoe desire a true AccomjDt of y^ same Wee wonder whey our Generall Pardon was not delivered with the rest of our writings, being Sent in the Same box, for want of which Wee understand many ^sons are allmost ruined by Contentious Suites at LaAv one against the other of which wee desire a Speedy Accompt And whereas you say the people Complaine that noe Rent or purchase money can be paid with Safety, because all the Lords have not Joined in the power to that purpose Sent by them nor any full or Common agreement of theirs to Impower a Lesser number to Authorize the doeing of any of those things and put- ting in Execution the powers of the Patent from the Crowne The Meaning of this Complaint must be either that it is not the Majority of the Lords Prop'^s that doe Act in this Case or that a majority is not Sufficient, If it be the first, it is a mistake: for the Lords Prop'^s. being an Equall number. And the Pallatine by them appointed: being to have a Casting voyce. then foure in Eight, of which the Lord Pallatine is one: makes a majority, If it be the Second It is upon a Maxime that overturns all Man- ner of Acting in assembly Corporation, or any body politick of Men As to the Miscarriage of what wee ordered Concerning y^ wharfes wee are willing to Gratifye the ^Sons concerned therein, there- fore doe hereby order that each man that had a front Lott in Charles Towne have the advantage of it. If he would wharfe to Save the Streett he mav have the benefitt to Low water marke 76 Provided that all those the owners of Such Lotts. Should Con- tribute to repairino; the Ends of the Streetts and keeping of them. So that all people that please may Land there Wee Hereby further Signifye unto you, that the R^ Hono^^'^ : The Earle of Bathe, who is one of the Kings Privy Councill is ad- mitted as one of the Lords Prop''s in the Roome of the Duke of Albemarle Lately Deceased, He haveing the said Right, by a verdict in the Kings Bench a Decree in Chancery and that con- firmed by the house of Lords, And hath been ^sent with us at Severall Meetings whose hand is hereunto with us S^ Peter Col- leton, dyed the t24° — of the Last Moneth Haveing by his Will Ijeft his Proprietorshipe in Carolina to his Son S'". John Colleton who will in Short time Choose his Guardian We are Your very affectionate ffriends Recorded the 24'^: day of Craven Pallatine December 1694 Bathe ^ J"° Hamilton A: Ashley Depty. Sec''ty John Archdale for Tho: Archdale Tho: Amy Whereas wee have heard great Complaints have been made by the people upon our Dissent to a Certaine Late Act Concerning Jurys, That it may appeare to you that Avhat was done in that Case was by us understood to be for the better advantage of the people and for the Saving to them a better forme, which they are provided with in our Constitutions,^ Wee doe hereby give you our Directions. And Authorize you our Governor and Deputys, To give your Assent to and Ratifye any Act that shall be drawne up after the forme in the 67 Article of the Constitutions, which is the following "Att every precinct Court before they rise. The names of all "the ffreeholders who are to Serve .Tury men at the Precinct "Court writt in Little peices of parchment of an Equal bignes "and rolled up, shall be taken out of the bag and Compared "with the ffreeholders book to see that none be omitted and iMarginal note : our meaning is that the Jury Consisting of twelve men so Impartially chosen should alwayes unanimously agree in the verdict 77 "none double, And then all shall be putt into a box and "Shaken together And then by a Child under Ten yeares "old. So many names shall be drawne out as will be Suffi- "cient. for So many Jurys as the Court shall think they shall "have need of. the next Terme who thereupon shall have "Summons to Attend Wee apprehending it to be much more for the advantage of the people that the names should he so Severally drawne one by one. Then that they should be drawne by Twelves (as in the Act Sent to us by you) by which you are much more Subjected to ill prac- tices and Arts in packing of Jurys. Given under our Hands & Seales this 27°— of Aprill 1694 Craven Pallatine (X) To our Governour and Bathe (X) Deputys of that part A: Ashley (X) of our ^vince of Carolina John Archdale for I that Lyes South & West Tho: Archdale (X) of Cape ffeare Tho: Amy (X) Recorded y^ 24*'' : day of xb"-; 1695 ^ J"° Hamilton Depty; Sec'ty Whereas wee have by experience found that the Governors putting in of Prop**"'^^ Deputys in the Roome of Such Deputys as are dead or departed out of the Province is of dangerous con- sequence to the Inhabitants thereof Wee have thought fitt and Doe hereby revoake and anull that article of our Instruccons that gives power to the Governo"^ : to appoint Deputys in the roome of Such Deputys as are dead or departed the province and doe hereby Impower Such of our Deputys as have or Shall have Deputations under the hand Seale of any of the Prop*°''^= by majority of votes given by ballot to choose a person to act as Deputye In the roome of any of the Prop^o'^^ Deputys that is dead or Shall dye or is departed the Province or is any otherwaise out from being Deputy w'^''= power so chosen Shall continue to be Deputy untill the Prop'o''= whose Deputy is dead departed the province or otherwise out from being Deputy shall have appointed another or that the Pallatine and three moore of the Prop'^"^®: under theire hands and seales shall order him to be removed from being Deputy and to the Intent it may not be in 78 the power of a Governo'^ : to hinder the Election of a Deputy by refuseing to convene the Pallatines Court Wee doe hereby Give Power to any two of our Deputys that have comissions to be soe under the hands and seales of Prop*°"= to convene the rest of our Deputys that have comissions to be soe under the hands and Seales of Prop'°'^''= for the makeing election of a Deputy upon the death or departure or otherwise of any Prop*°'^*= Deputy an this you are to record and observe as part of our Instruccons for the Goverm^r^ untill we Shall otherwise direct Given under our hands and Seales this Craven Pallatine (X) A Ashley (X) P: Colleton (X) Tho: Amy (X) To the Governo"": or our Deputy of that part of our province of Caro- lina that Lyes South and West of Cape ffeare/ Recorded y^ : 16th : May 1693 ^ mee J: Hobson M^: the IGt'^: day of May 1693// Reced then the before written order without date from the hands of Governo"": Smith ^ me Paul Grimball London May the 19'^ 1694 S- Since the death of our Dear friend and Late Brother Prop'^ of Carolina S"^: Peter Colleton; a Letter of yours Directed to him is come to our Hands. Dated the 8*^ of November Last in a post- script of which wee observe that j^ou have Information that M"^ James Moore who is a principall man amongst them who opposed the paying our Rents, had then Complyed Soe ffarr as to make a promise of the payment of his Rent, Which wee hope he hath done, and thereby given an opportunity to the Rest to follow his Example. Especially, when our order is publique That wee doe nott Insist upon the payment in fine Silver onely. butt desire to have the Rents received in good Merchantable Commoditys. of the Just value and have alsoe Concluded among our Selves, that it shall be Soe Exprest in the Grants of their Lands Accord- ing as it is in the first Constitution Wee Rest 79 Yo"^ afFectionat friends To Thomas Smith Esq"^ Craven Pallatine Govern"^ of Carolina Bathe John Archdale for Tho: Archdale Tho : Amy Recorded the 24*'' day ^ J"° Hamilton of xb-- i694 Depty : Sec-'ty London this SV^ of Aug^': 1694 Gent; Wee Haveing fomerly Reed. Severall Complaints from y« people of Carolina of the great partiality in returning of Jurys used by each party as they Came Severally in power, and from Coll : Ludwell an Act of y« assembly Intended as wee beleeve to prevent the like for y^ future Butt when wee came to Examine the said Act, Wee found it to be soe farr from being likely to attaine the Good ends Intended that in all probability, it would have opened a way for greater opressions of that kind. Wee there- fore disannulled the said Act, And in Severall of our Letters to you wee have Since Sent a powder to you our Governor and Coun- cill. to Consent to a Law made by the assembly. According to the Rule prescribed in one of our Constitutions a Copy or Dupli- cate of which wee have now" Sent you, and beleive it may Suffi- ciently, prevent, the like abuses for the time to come. Wee have likewise in our former Letters, given you power to accept our Rents in good Merchantable Comodities and products of the Country, and not to insist Strictly, upon the payments in fine Silver, there being Likewise Complaints about the peoples being obliged to take Indentures for the Lands they shall take up, Wee have given full power to our Trusty friend, John Archdale Esq"" who Intends to depart from England very Speedily in Cap" Mann, To Settle that Matter either by Grants or Indenture as to him. and you shall Seem most for the Ease and wellfare of our people, And our said ffriend & Brother M"". Archdale. being now willing to take a voyage in your Country for your Settlement, it being agreeable to wdiat you have ScA^erally Intimated in your Letters, To have one of our body to come over fully Impowred with all our authority M"". Archdale now Comeing to you with Such powers, and with a Mind to doe every thing that can reason- ably be thought to advance the peace and prosperity of our said 80 Country it will be your owne faults, if it have not the good effects, which is So heartely Intended by us, And will wee doubt not be endeavoured by him. He will likewise bring over a good number of Industrious people, with good Stocks and of Such a Reputation here that : if they come to be w^ell Settled they will Encourage great numbers to follow and be a Means to have our Country well peopled. Wee recommend you to the protection of almighty God & Rest Your affectionat friends To Thomas Smith Esq-- Craven Pallatine one of y^ Landgraves and Bathe Govern'^ of Carolina, and our AVilliam Thornburgh. for Deptys : of that part of our S"" John Colleton ^vince of Carolina that Tho : Amy Lyes South & w^est of Cape ffeare in Charles Towne Recorded y^ 24'^ of xb^ i694 ^ J"o Hamilton Depty; Sec% Charles Towne August y^ 20^^ : 1695 May it Please Yo"": Lordps= This Serves to give you an account of y« Safe arivall of ou"" p'"sent Gov'^iio'^ : John Archdadle Esq'^= who after a Long & tedious voyage by Sea & an Irksome Journey by Land till hee came to Albermarle from whence he came by Sea, hither arrived the last weeke, and his Comicon was published on the 17'^ : Instant we are very well Satisfied y* yC: Lordp^: w^ere pleased to instruct him with So large a power / as we find by his Comicon he hath) being in hopes y* : it may be y^ Occasion of y^ healeing of all misund""- standing betweene yo"" Lordp^: & the people, My Lords a little before ou'' ^sent Governo''s accesse to y« Gov'^m*: there was an Addresse presented to Landgrave Joseph Blake late Gov'^no'': Signed by about an hundred of y« English Inhabitants a copy of which is here inclosed, & wee are informed more are prepareing for ye ^sent GoV^no"" :, the Substance of y^ Addresse is that they may have an Assembly of Purely English & Elected onely by English, My Lords if Yo"": Lordp^: please to Looke back on y^ record of Yo"" Instructions Given to Colonell Phillip Ludwell You will find that you ordered y^ y« Inhabitants of Craven County 81 were to have their representatives in the Assembly, It may be Yo'^ LordShips might think Craven County to be inhabited by an intermixter of English & ffrench, but my Lords there is only ffrench by which meanes there hath beene ever since six French gentl"" — in the House of y^ Cmons of y^ Assembly which hath been very Dissatisfactory to y^ English here, & was the Cause of y« Addresse the people Assert their priviledge of English men & think it very hard that y^ ffrench who are refugeese & ought to be Subject to our Lawes are permitted to be Law Makers & to serve on Juryes otherwise then in such Cases where party Juryes are alowed, My Lords wee are att a Stand in the matter & Know not almost what to Say to it Yo"" Lordp^ — orders being possitive y* Craven County Shall Elect, wherefore wee most Humbly begge yo"^ : Lordp®= orders in the matter as soone as possible & pray Alsoe that You will lett us know y^ Distinction you will be pleased to make betweene y« Scotts who though not Subjects of England are Subjects to y'^ King of England and the ffrench who are in all respects as Alienes, My Lords if wee Should Call an Assembly & should permitt ffrench to be in it we are afraid it will be of Dangerous Consequence the English being highly incensed at it wherefore wee believe wee must be without one till wee can heare from you Unlesse any Emergency may happen & then wee Shall take Care to Do what may be for Yo"" Lordp®=r Honno''= & the peace of y« Country & we Do intend that though ffrenchmen be admitted yett wee will have Confirmd all that hath been Enacted by y^ Assembly that had ffrench in it to prevent y^ mischeife that will otherwise Happen this my Lords is the onely thing Materiall all other Matters wee hope will be settled to y^ satisfaccon of yo"" Lordp^ — & the People So with C: hearty prayers for Yo"": Lordp^= helth & Long lives Crave leave to remaine Yo"^: Lordp^= Most Humble Serv's= Recorded y^ 20'*^ : of Paul Grimball John Archdale August Richard Conant Joseph Blake ^ Cha= Odingsiills W™ : Hawett Ste: Bull Depty: Sec-^ty Tho: Cary William Earle of Craven Palatine John Earle of Bath Anthony L'l^ Ashley Son & heire apparent of Anthony Earle of Shafts- bury George L*^^ Carteret S''= John Colleton Barronet Thomas Archdale, Thomas Amy and Seth Sothell Esq^'^rz: the true and absolute Lords and Proprietors, 6— H. c. 82 of the Province of Carolina To our trusty and well beloved John Archdale Esq"" Governour of South and North Carolina Wee the said true and Absolute Lords and proprietors of y^ Province aforesaid reposeing Speciall trust and Confidence in the Courage loyalty and prudence of you y^ Said John Archdale Do hereby constitute and appoint you during our pleasure Gov- ernour of our Whole Province of Carolina and You are to Do and Execute all things in Due Manner & forme that Shall belong to Yo'" Comand or the trust wee have reposed in You according to the SeVall Powers Granted You by this ^sent Comission Wee Do hereby farther Impower Constitute and Appoint You our Said Governour to be Admirall Cap* : Generall Comand'^ : in chief of all the forces raised or to be raised both by Sea or Land within our Said Province and over them to Appoint a Lieutenant Generall or Lieutenant Generalls. Vice Admirall or Vice Ad- miralls both of South and North Carolina dureing Yo'^ : pleasure and Wee do farther impower you upon all occasions during Yo'^ abode in America to constitute a Deputy or Deputy Gov- ornours both in South and North Carolina Dureing yo'' pleasure and to constitute & appoint all & Singular Officers in & for the Said Goverm': of our Said province during Your pleasure and y« Pleasure of us the Lord Proprietors Wee do allso hereby impower you at Yo"^ : departure from Carolina to England to appoint and Constitute a Deputy Governour or deputy Govern- ours both in South & North Carolina with such power onely as have bin given by us to the present Governour Thomas Smith wee do farther Give you full power & authority with the advise and Consent of any three or More of our Deputys to grant & Sell lands in fee reserveing a Small quitt rent of 12^ for One hun- dred Acres ^ Anno as an acknowledgm* : and to Settle y'^ quitt rents by Patents or Indenture & by Such a Method as You our Governour with any three more of our Deputys Shall think fitt So as when Money cannot be had a true valine may be Setled in the best of Such comoditys as the Countery is capable of produceing Wee do farther impower you to Escheat Lands and afterwards to lett it for rent or Sell the Same And wee do hereby further impower you our Said GoA'ernour by and with the advice & consent of our Councill & Generall Assembly of our Province or any part thereof wherein there is a Distinct Goverm* : to alter anv former Lawes that 83 Shall be thought fitt to be Changed And to Enact all Such reasonable Lawes & Statutes for the better Governm': of our said province as you with the advice and consent of our Councill & Generall Assembly shall think Expedient provided y^ Said Lawes be not Contrary to the Powers granted to us In our Charter from y*^ Crown and as nere as possibly Agreeable to y^ ffundamentall Constitutions, Excepting in What relates to y^ Juryes wherein wee have alredy Given Directions. And wee do Hereby repeale and make voyd all other Commissions given by us to former Governours of our Said Province given under our hands and the great Scale of our Province this One and Thirtieth day of August in y'^ Yeare of our Lord One Thousand Six Hundred Ninety & Foure.| Recorded y« 25"'= Craven Palatine day of August Bathe 1695.1 ^ A Ashley Cha Odingsells Carteret Depty; Sec'-ty W™= Thornburgh for S''^: John Colleton Tho : Amy By the Governo'^= Ordered that all ^sons now in y^ Militia of this part of this Province do remaine in the Same Comand & Obedience they now are & that all Guards, and Watches do remaine & are to be Kept as they now are And that all Judges of Courts, Justices of the peace, and assistants of all Courts Continue as they are till farther Orders Wittnesse my hand & Scale this Sixteenth day of August 1695./ John Archdale Recorded y^ 21^'= day of August 1695 ^ Cha Odingsells Dep^y; SeC^y • William Thornburgh Gardian to S"": John Colleton Baronett One of the True & absolute Lords & Proprietor's: of the Province of Carolina. To Joseph Blake Esq''^ Wheras it is Apointed by y« Lords Proprietors of Carolina in their ffundamentall Constitucons & Rules of Goverm*: that 84 Each of the Lords Prop"== (or their Gardian, if under age, Shall name a Deputy to be his Representative in the Generall Assembly & Councill of Carolina I out of the trust & Confidence I have in y^ wisdome prudence & integrity of You the Said Joseph Blake doe Hereby Constitute & appoint You to be my Deputy in that part of our Province that Lyes South & West of Cape ffeare with full power & authority to act & Exercise all such powers as to a Proprietors Deputy Doth belong Given under my hand & Seale this 21^* : Day of September 1694./ Recorded y" 1^*= of October 1695 W" : Thornburgh O ^ Cha= Odingsells for S-": John Colleton Barrt= Depy : Sec^ty London December y^ 3^= 1694 Gentlemen We have had Intimacon from Carolina that Nothing will Con- tribute more to Yo'"= effectuall Settlemt= then to have one of our Body Come over Govern'^ with full powers from us wee have prevailed upon John Archdale Esq"^ a person Well Knowne to you to take upon him y* office. Wee make no Doubt but by God's blessing & Yo'' : Assistance he will Compleate that good Worke which wee are Informed by the good manaigem^= of Governo"" Smith is allready much Improved & is hartely Desired by — Yo''= very Affectionate ifriends ffor our Council Craven Palatine of South Carolina Bathe Recorded y^ 3<^= Carterett Day of October 1695 A : Ashley ^ Cha : Odingsells Tho : Amy Dept= SeCty Charles Towne October 2^= 1695 May it Please Yo'^= Lordships Wee writt to yo"" Lordships of the 20**'= of August Last, & therein gave You an account of the then Circumstances of this Countery, we gave a relacon of the disatisfaccon of the People in rela- con to y^ french, & Sent You the Coppy of an Addresse presented to Landgrave Joseph Blake when Governo'', which wee hope will safely arive to Yo"" hands wee then accquanted You of the Doubts wee were in, how we Should Satisfye the people if 85 french Should be any More in y^ Assembly & there being another addresse now preferred to y^ ^sent Governr a Coppy of Which is inclosed praying an Assembly & that onely of English to Settle y« Affayers of this Country, & haveing reced a Lett'^= from ¥0*^= Lordp^= Directed to yo"" Councill, wherein we are Sensible of Yo"" Earnest Desiers of ou'" happy S€ttlemt= by the trust & power you have reposed in our present Governo'^= & Knowing y* Noth- ing but an Assembly can Setle us we have by vertue of y^ Tenth article of Yo"^ Instrucons to y^ Governo"" beareing Date 31^*= of August 1694 impowering him to make Such use of Coll : Ludwells Instrucons as he Should think fitt, Isshued out Writts for an Assembly to be Chosein by & of English Onely ( . . ) Tenne for Berkley & Tenne for Colleton Countyes as was formerly & So have left out Craven County there being not above Thirty Inhabitants & those all ffrench, when this Assembly meetes which is to be on y^ Twelfth of November next wee hope wee may make the Set- lemt=: happy & Enact Such Lawes as may be for yo^^ Lordp^= Hon''= & to Yo"": & y« peoples Satisfacon in the mene time we pray God to Send yo'= Lordp*= helth & Long Life & are My Lords Yo''^ Lordpss= Most Humble Servants The great Doubts y* here are John Archdale made of y^ non Qualificacon Joseph Blake of y^ tfrench for Electing or Paul Grimball being Elected in to As- James Moore semblys is y^ Ocasion Ste : Bull of our giveing You Tho : Cary this account & to pray John Beresford yo"" Lordp«= as Soone W'"^ Hawett as wnth Conveniancy you can to lett us Know what Does in Law quallifie an Alien borne Recorded y^ ^'^= Day of October 1695./ ^ Cha : Odingsells Depty: Secrty 86 John Archdale Esq*^ Govern"^ of Carolina Gardian to Thomas Archdale : One of the true & absolute Lords & Prop'^^= of y« Said Province./ To James Moore Esq''= Whereas it is appointed by the Lords Prop'^^= in their funda- mental Constitucons & Rules of Goverm'^= that Each of the Lords Prop'^^= or their Guardian (if under Age) Shall name A Deputy to be his Representative in the Generall Assembly & Councill of Carolina I out of the trust & Confidence I have in the Wisdome Prudence & Integrety of You the Said James Moore Do hereby Constitute & appoint You to be my Deputy in that part of our Province that Lyes South & West of Cape ffeare with full power & authority to act & Exercise all Such Powers as to a Proprieto'^*^^ Deputy doth belong & this to Continue Dureing my Pleasure Given under my hand & Scale this first Day of Octob"" : 1695. Recorded y^ 3^ : day of John Archdale October 1695 ^ ' for Tho: Archdale O Cha^ Odingsells Dept= Sec-^ty John Earle of Bath one of y* ti-ue & absolute Lords & ^p"= of y^ ^vince of Carolina To Thomas Cary Esq"" Whereas it is apjDointed by y^ Lords ^p''®= of Carolina in their fundamentall Constitucons & Rules of Goverm* y* Each ^p'' Shall name a Deputy to bee his representative in the Gen"r= Assembly & Councillof Carolina I out of the trust and Confidence I have of y« Wisdome Prudence and Integrity of you Thomas Cary Do hereby Constitute authorize & appoint you the S^= Thomas Cary to bee my Dep*y= in the South part of C province of Carolina with full power to act & Exercise all Such powers & authorityes as to a ^"= Dept>'= Doth belong Given und"" my hand & Scale this Twelfth Day of March 1695/6 Recorded this 19th— Bathe (X) day of March 1695/6 ^ Cha: Odingsells Depty= SeC-ty 87 Charles Towne 8^'= 1695 May it please Yo''= Lordships Wee Writt to You the Second of October Last & therein Did acqiiant You that Wee had Isshued out Writts for an Assembly to be Chosen onely of Barkley & Colliton Countyes, & y* Wee had left out Craven County its Inhabitants being ffew, & those all ffrench, since Which time arived here to trade a Small Ketch from New Yorke Navigated by ffrench, the Collector Seized & Exhibeted an Informacon ag': her in our Court of Please for being Sailed Contrary to y« acts of trade & Navigacon, upon her tryall the Jury found for y^ Inform*= The Councill for y« Ketch Peticoned y^ Govern"" for a Writt of Error Which Was granted him, & a Suspension of Judgmt:= in y^ Court of Pleas till y^ Errors were argued in our Councill as in Such Cases is Usual the Errors assigned were foure which You Will See att Large by y^ Coppy of y*' records herewith Sent & Wee Shall herein make Some small resitall of them for y« better Clearing of ye Matter to You./ The ffirst Errors Assigned is y^ Inform'''^ being an Alien Enemy & So Could not Have any accon./ My Lords y^ Inform^ : Was borne a Subject of y^ ffrench Kings, Never naturalized nor Denize^=, but hath Lived Twenty Yeares under y« protection of y^ King of England, & is Comiconed by y^ Officers of y^ Custome House in London to be his Maj*'"^ Colector for Carolina, & hath Swoorne Allegiance./ The Second Erro"": Assigned is that there Was not an Isshew Joyned &"./ Tis true there is not any replicacon of y^ Inform*= to y* Plea & Demurrer of y^ Defend* :, but y^ Defend* : proceedeing Without it & Evidences being produced & Sworne, & Examined one both sides before y^ Jury (Quere) if y^ Defend*: did not make it Isshuable by his So Doing./ The Third Error Assigned is that one of y^ Jiny was an Alien Borne./ This Allien Borne is Naturaliz'^^ by act of Parlim*= in England as appeares by an Exemplificacon of y^ Said act which hee hath here produced to us./ The ffourth Error Assigned is the Ambiguity of y^ Verdict &<== My Lords y^ reason of y^ Verdicts being as it is. Wee Imagine to be ye Juryes, not being Willing to medle with y^ Validity of Denizacon, for y^ Ketch was Navigated by foure men, that is 88 to Say, y*= Master, & three Sailers y« Master & two of y^ Sailers are Denizens y^ other is an Allien./ Yo"" Lordp*= will find by y^ words, y"^ wee Did not think fitt to give our Judgm^= On y^ Erro''^= but have Left it to You, to take y^ advise of y^ Learned in y^ Law in y^ Matter, & Have Taken Security for j^ Ketch, & Cargo if Shall be Condemned by You/ We have had many disputes about y^ Validity of Denizacon, Some aleidge they are a Sufficient qualification for Masters, & Sailors according to y^ acts of Trade & Navigacon & Others averr ye Contrary Wlierefore Wee pray Yo"" Lordp^= to give us Yo"" advise & Direcons in Such Cases & lett us Know if anything Less then A Naturalizacon be a Sufficient Qualificacon in Law My Lords Wee must pray yo"" Lordp*= Answer in this Matter as sone as posable because y* till wee heare from you y Securyty Canot be Dischargd= in y« meane time Wee pray for Yo"^ Lordp^= Helth & Long Lives & are Yo'' Lordp^= Most Humble Servts= Eecorded y*= 25*^= John Archdale of October : 95 Joseph Blake ^ Cha Odingsells Tho : Cary Dept= SeC^ty John Berisford Thomas Amy Esq"^ one of the true & absolute Lords & ^p^^= of Carolina To John Berisford Esq^ Wliereas it is appointed by y^ Lords ^p''^= of Carolina in their fundamentall Constitucons & Rules of govermt= that Each ^pr= Shall name a Depty= to bee his representative in y« Gen"=: Assembly & Councill of Carolina I out of the trust and Confidence I Have of y^ wisdome prudence & Integrity of you John Berisford Esq"" Do hereby Constitute and appoint you the S'i^ John Berisford to bee my Depty= in y^ South part of Carolina with full power to act & Exercise all Such powers & authorities as to a pp"= Depty= Doth belong Given und--^ my Hand and Seale this Third Day of March 1695 : Eecorded y^ 6*^= day of Tho Amy ( X ) March 1695/6 ^ Charles Odingsells Depty= Sec-^ty 89 Carolina ss The R*= Hono^i« John Archdale Esq^. Govern'^ Admirall Cap'= Gen"=: & Comand''= in Cheife of the ^vince of Carolina./ To Landgrave Joseph Blake Whereas William Earle of Craven Palatine & y^ rest of y^ Lords ^prs= of Carolina were pleased by their Comicon Dated the one & Thirtyeth Day of August 1694. To Constitute & appoint me Govern^ of South & North Carolina & amongst other Speciall Trusts were pleased to impower me to Constitute & appoint Dureing my pleasure a Deputy Govern"" for this part of their ^vince y* Lyes South & West from Cape ffeare I therefore Reposeing Great Trust & Confidence in y^ prudence Courage & fidelity of You y« s^= Joseph Blake Do hereby Constitute & appoint You Dureing My pleasure Deputy Governor of this part of the ^vince Called South Carolina which Lyes South & West from Cape ffeare as afores^^^ And Whereas, y^ Lords ^p"= were also pleased, Contrary to my Desier, to Conferre on me the Trust & power of a Cap*= Gen"= & admirall with power of Constituting a Leiu^^ Gen^'^ & Vice admirall hopeing thereby I might ^vent many M^schevious & Unnesessary warrs Especially with y^ Native Indians of Various Nations whome many times y* Covetiousnesse of Trade amongst y^ English hath ^voaked To warr I therefore being Willing to Discharge my Selfe of y^ S'^^ Trust Reserveing to my Selfe if I please to make use of it a Negative in Case of makeing Warr And beleiving as y« ^sent State of human affaires as Yett Stands y* y^ Same power may bee Useful & Necessary in an other ^son I Do there- fore hereby Constitute You the S^= Joseph Blake a Trusty Valliant & Discreet person to bee Leiu*= G«n"= & Vice admirall of South Carolina Dureing my pleasure And Transferre Over to You y« S'^^ Joseph Blake y^ full power of Comisonateing all Such Millitary officers as You in Yo"" Discression Shall Think fitt Dureing Yo"" pleasure And to have Do & Execute all other pow- ers matters & things (Except as before Excepted) y* in my absence I by my before recited Commission have power to Con- ferr on a Deputy Govern"^ Leiut= Generall & Vice Admirall 90 Dureing my aboade in America Given iind''= My Hand & Seale att Amies this Twentieth Day of December 1695./ Recorded y^ one John Archdale & Twentyeth Day of December 1695 ^ Cha : Odintrsells Dept Sec'ty Carolina ss To y^ Rt= Hono'-bie— John Archdale Esq"^ Governo*^ Admirall & Cap*=: Gen"= of this ^vince// And to The Hono^^'^^ His Councill By Virtue of a Writt Directed unto me from Yo'^ Hon'^^= beare- ing Date y^ 30*''= Day of November Last past Comanding me to Smnons all y^ Kings Leidge Subjects y^ freemen Inhabitants of Berkly & Craven Countys to bee & appeare togeather with all y* rest of y« Freemen as afores'^^ of this part of this ^vince att Charles Towne on y« 19''^= Day of December Instant then & there by a Majority of their Voices to agree to and assertain y* Number of their representatives for this part of this ^vince to Consult & advise with Yo"" Hon'^^= about makeing Such Lawes as Shall bee Necessary for y^ Safet}^ & Defence of this ^vince In Obedience thereunto I have in y^ best manner I Could, Sum- moned y^ ^sons in S'*= Writt Declared who have accordingly mett att Charles Towne & by a Majority of their voices have agreed to & Declared they Desier to have Assertained for their Representatives y^ Number of thirty ^sons for this part of this ^vince to bee of y^ Gen"= Assembly To Advise about Makeing of Lawes &'^^ In testimony of which I putt My Hand & Seale this 19*''= Day of December 1695 Robt= Gibbes Recorded y^ 24'''= day of Decemb^= 1695./ Cha= Odingsells Dept SeC^y M'^ Charles Colleton Haveing Desiered to Have ffive hundred acres of Land in Carolina und''= y^ rent of one peny ^ acre wee are willing to gratify him therein wherefore You are to 91 Issue ¥0"^= ord"= to y« Siirvaier Gen" to admeasure out for him ffive Hundred acres of Land for which you are to pass grants according to y^ forme we Have ^scribed of which grant hee is to Signe y*^ Counter part for Security of o'^ Rent Given und''= o-- Hands & Scales this 29^^= Day of Aprill An°= Dni 1686 To Josepli Mourton Esq"" one of y^ Landgraves & Govern'^ Craven pal (X) of y^ part of o' ^vince of Car- P Colleton (X) olina y' Lyes South & West of Tho Amy (X) Cape ffeare & to y^ Govern"" for y^ time being & 0"^= Depty^= Recorded y^ 6'^'"= Day of January ^ Cha= Odingselis 1695/6 Depty SeC^ty George Lord Carterett one of y^ true & absolute Lords & |9p"= of Carolina To Landgrave Joseph Morton Whereas by o"" Instrucons or Rules of Govermt= of Carolina it is appointed y* Each of y^ Lords Pp"= Shall nominate & appoint a Dep'y= to be his Rep'^sentative in y^ Gen"= Assembly & Councill of Carolina wherefore I out of y^ trust & Confidence I have In y^ Wisdom prudence & Integrity of You Landgrave Josepli Morton Do hereby Constitute & appoint You y^ S^= Landgrave Morton to bee Dureing pleasure my Dep*y=r in y* part of o"" ^vince y* lyes South & West of Cape ffear with full power to Do & Execute Such Jurisdictions & authorityes as by o'' Rules of Govermt= to a Lord ^p"— Deputy Doth ^p''ly belong Given und''= my hand & Scale this 23^= of August 1695. Recorded y« 1^*= of ffebruary 1695/6 Carterett ( X ) ^ Cha= Odingselis Depty= SeCty August the 20 :96. May it Please yo"" Lordsp^= The acts of assembly made in march Last and by y^ Govern'' Sent to Yo"" Hon-^s^ (^^^ Effects of Yo"" Hon'^'^ — Large powers and his Dyscreet and prudent Managemt= of them Given and intrusted to Govern"" Archdale Have Effectually Settled the In- habitants of this Yo"^. Collony in a greatfull and Good oppinion 92 of Yo"^ Hon"^: faviorable gratious and benifitiall Instrucons to them wards as their franck and ready paym': to Yo"^ Lordp^= arreares of rent Even before the time appointed and the Gen"=r unanimous Consent of the People Industriously to encourage and improve the Better Settlem*=: of this part of Yo"^ Province and Yc^ Hon''*= and their Interest Do Evince wee wee have now no Contending Different ff actions or Interests in the Goverm^^ or Among the People Except that of the ffrench which Seeme Disatisfied and imeasey that they have not all the priviledges and franchices of an Englishman in Every respect they have and Enjoy all Except voteing for and being Elected members of Assembly which could not bee gi'anted or allowed them att this time without the apparent Hazard of the Loss of their or a great part of their lives and Estates and Engageing the English ffriends to their interest and their adversaryes in a Sort of Civill warr the Consequence of which could not probably have beene Less then the Dispeopleing of this Collony which now by the improvem*^^ of Manufacto'^^ the ^ducon of SeVall vendible Comodities, the Increase of and the Gen^'^ Inclinacon of the people further to improve trade and the great numbers of Northern Planters already come and Expected this Autumn to come to Inhabitt here is more hopefull and Thriveing then Ever Governo'' Archdale his Son one of o'' Prop''^=: now att age is resolved and will not otherwise bee persuaded by his father or any other ^"^son or Interest but to Sell his ^prietorship his father hath prevailed with him to Dispose of it to Landgrave and Leiut=: Gen"=r Joseph Blake a ^"^son most fitt as well as most acceptable to the people for that Hon'^: and the Gov- erm*= of any '^''son now amongst us Notwithstanding his Son might have had more for it of other p'^sons but farr Less accept- able to the people and less fitt for the Goverm*= for which wee canot Do less then acknowledg his Love and ffatherlike care to this Collony and us the Inhabitants of it, which wee See out Lives his interest amongst us, So wishing Yo'^^ Hon"= Helth and Long Lives remaine Yo"" Hon'"® Humble Serv^^^ Recorded the 20**^ : Day of Ja : Moore J Archdale August 1696 ^ " W-" : Hawett Jos : Blake Cha Odingsells John Berisford Ste Bull Dep SeC^ty 93 August 28th: 1696. j May it Please Yo'^ Hon"= Yo'- Lordp^ Lett''= of the 30*^= of January 1695/6 wee have received %? Cap'= Man who came a Shoore in his boate Yester- day The Vessell by which wee Send this to Burmodos Sailes this morneing So wee canot possible remitt to Yo"^ Hon"^: the Case of the Sloop Blew Star Stated, which wee will take care shall bee Done att Large by the Next Conveyance In the 20*''= Paragi-aph of Yc Lordps Instrucons to Govern'' Ludwell you ord'^= him to Ishue Writts to the Sheriffes of the respective Countyes to Chuse 20*^: Deligates for the ffreemen of Carolina viz*: five for Albermarle County five for Berkley County five for Colleton and five for Craven County, which in respect of Albermarle County is not practicable, And in the 24*^: and 25*''= paragraf of the Same Instrucons You ord'' Generally that County Should Chose and Send Deligats to the Gen"=r assembly as soone as they are Inhabited respectively with fourty freeholders and that till then the freeholders of any County not Inhabitted with 40 as afores<^=: Shall chuse Deligats in the County next to them that is Qualified to Chuse Deligats Now may it please Yo"^ Hon'^^= to bee informed that Craven County is not nor Ever was Inhabitted with 40'^= tfreeholders or more then halfe that number and that they were all fFrench and not more then one in Six that Can understand, any argu- mentacon or Debate in English, we beleive Yo'" Lordps= Did give Govern'' Ludwell private Instrucons what to Do in Case arbermarle County Could not Send their representatives to ashly river, Those or any Coppy of them he hath not Left with us and therefore wee Canot Tell how to follow them besides by yo*" 22, & 24*h Instrucons afores<^= wee have reason to beleive Yc Lordp®= did not Know but Craven County was Inhab- itted as in them is |(?vided and in Yo'' Tenth and Last article of Yo'' Instrucons to Gov- ern'' Archdale you permitt him to putt in practice, but Such and So many of Gov''= Ludwells and Gov''= Smiths Instrucons as in his Judgmt= Should Seeme most fitt to bee putt in practice now hee with the Councills advice Did not think fitt to putt that Instrucon for Craven County att that Juncture of time in prac- tice neither can wee beleive j^ou Yo'' Selves would have Done it had you been here for the reasons aboves''= to Know Every per- ticular matter that related thereto, and therefore by Yo'' 94 afores^=: power given him it was Suspended att that time and to have Ishued Writts for Craven County to Chiise representa- tives for the Gen"=: Assembly had been Directly to have taken in Six ffrench to the Assembly, which the people by no meanes would have Suffered The ffrench have never been told they Should not voat for or bee Elected members of Assembly but were for their owne Safe- ties and the preservacon of the publick peace perswaided to for- beare voteing which if they had not Done at that time the ruin- ing of this part of Yo''= ^vince had very probably followed They have and Enjoy all priviledges of Englishmen Except Voateing for and being Elected members of Assembly They are not Diff'eranced Either in Trade Taxes or Duties from the English If Yc Lordp^= think it Convenient and will bee pleased to Lett the people Know what priviledges you Designe the ffrench Shall Have and by and from what powers they bee Derived and granted to them Itt will (Avee hope) bound much to prevaile with the people to bee Satisfyed with their Uses of them There is none of Yo'" Lordp^= Deputies no Civill majestrates or officer but Such as are ffriends to the French and w^ell und'^stand their advantage of them perticular as well as publick interest the trade the French make here is to them very few or none of the French here have Sworne allegiance to the Crowne of England nor have wee (Least they were not obliged to) pressed them to take that Oath So Carefull hath the Goverm'= beene att all times not to give them an}^ occasion to Complaine or bee Disgusted Though wee have not many ffrench refugees (for religion amongst us So hopeing Yo"" Lordps will bee Satisfyed wee have Done nothing Contrary to Yo"" Instrucons or the publick peace and Safety of the Inhabitants of this Yo"" Collony wee begg Leave to Subscribe o'' Selves Yo"" Hon"= most obedient Humble Serv's= James Moore John Archdale W'"^: Hawett Jos Blake Ste : Bull Recorded the 28*^= of august 1696 ^ Cha^i: Odingsells DeptJ— Sec^y 95 William Thornburgh Esq"^ Guardian to S'': John Colleton one of the true and absolute Lords Prop'^^. ^f Carolina. To James Moore Esq''= Whereas by o"" Instrucons or Rules of Govermt=: of Carolina it is appointed that Each of the Lords Prop""^: or their guardians if und'" age Shall Nominate and appoint a Dep*y=: to bee his Representative in the Gen"= Assembly and Councill of Carolina wherefore I out of the trust and Confidence I Have in the wisdome prudence and Integrity of You James Moore Do hereby Constitute and Appoint You the 8^*= James Moore to bee my Dej)ty= Dureing pleasure in that part of o"" Province that Lyes South and West of Cape ffeare with full power to Do and Exe- cute Such Jurisdicons & authorities as to A Prop"= Dep*y= Do Properly belong Given und'^ my Hand and Seale this fifth Day of octob--^ 1696. W'": Thoniburgh for Recorded the Sixth Day of S"" : John Colleton Octob--^ 1696 ^ Cha^: Odingsells Depty= Secrty By the Governor Whereas the Lords i3roprietors of Carolina ordered Landgrave James Colleton to Imploy m'^ John Stewart to Compare together all the Constitutions to see in what particulars they differed each from other that thereby it might be p'^ceaved how gradually they enlarged the peoples priviledges and Liberties, and Avhereas I have leatly receaved a letter from the Said Land- grave James Colleton that he did accordingly Imploy m"" John Stewart in the Said undertakeing who accordingly p''formed the same for the which he was to have on thousand acres of Land, now the Lords haveing referred this matter to my exam- ination and finding the truth of the Same as aforsaid I doe ther- fore hereby order you to Issue forth warrants to the Surveyor Generall for the admeasuring & laying out of one Thousand acres of Land for the Said John Stewart, and the Surveyor is not to exceed Six places for the running out of the Same, And upon the making of the grant or grants you are to observe to reserve to the Lords proprietors an acknowledgement of ten Shillings to be paid yearly and every year, and for yo'^ So doing this Shall be 96 yo"^ warrante given under my hand and Seale at Charls town the twinty first Day of October anno domini 1696 John Archdale To the Secretary of this part of the province of Carolina that Lyes South and west of Cape ffeare Recorded the 25'^'= Day of October 1696 ^ Cha : Odingsells Depty; Sec% May it please Yo"" Lordp®= Govern"" Archdale now about to Depart out of this ^vince to England hath Left us in his place for Govern'' ^p*" Joseph Blake a p''son no less acceptable to us Yo"" Dep*'^^= then to all the people in South Carolina the prudent mannagem*= of the powers you have been pleased to Entrust Govern"" Archdale with for the Good of the people here hath so Quieted made Easey & Settled the Inhabitants of this Yo"^ CoUony that Wee canot iforsee any reasons for any Differance betweene Yc Lordps and the people or the people amongst themselves he hath filled up Yo"" Councill here with p''sons So agreeable amongst themselves and So unan- imously bent to take care of promoteing & preserveing Inviolate Yo"^ Lordps Hon'^s. ^ prerogatives & interest & the Good of the people of this Yo"" Collony that wee have no reason to Doubt of accomplishing anything which may reasonably bee Expected from Such p''sons. the paym'^= of Arrearages of rents & rents which hereafter Shall become Due to Yo"" Lordps for Lands is So well Settled by act of Assembly here that the peoples paymt= of their Arreares to Yo"" Receiver before the time appointed by the act may well Satisfy Yo"" Lordp^^ that You will not have any occasion to Doubt of the peoples ready paym'^= of Yo"" rents hereafter as they Shall become Due. all things generally are So well Settled as that wee canot See no Difficulties for the Govermt= to Struggle with Except the naturalizacon of the ifrench Yo"" Lordps= in Yo"" Lett^— of the 30'^= of January 1695/6 have ordered us in Case the Comons will not Consent to Issue out writt for Craven County (now Inhabitatted by ifrench onely) to Chuse representatives, to Dissolve that assembly and Call another with writts for Craven County to Elect &c But may it Please Yo"" Lordp"'= wee See the humour of the people Such that wee beleive to Do So would have Incensed them So 97 farr as that the ffrench if they had pretended to that priviledg, would have been in Danger of the Loss of their Lives & Interest for the people Gen'i=: Even those that are great ffriends to them believe that the ffrench nor any other Aliens have any right to vote for or bee members of Assembly till they are Qual- ified by act of Assembly for that purpose made heare which wee have reason to beleive may in time gett for them but then we fforsee Diffeculties in that, ffor the ffrench Desier & Seeme not to be willing to accept of anything Less then a Gen'^rr: Natural- izacon SeV^all English acts of Parlimt= made & Designed for all the Plantacons in the West Indias perticularly one made (as wee are informed the Last Yeare have taken from all Aliens perticular priviledges viz= They Say they Shall not Serve upon Juries where the King is Conserned in relacon to his Duties & that they Shall not bee owners of vessels after the Yeare :98 :&c= now whether it will bee for Yo"^ Lordps= Interest to make any acts here with a Non obstante to any English act, or without any notice taken of any English act made and Designed for the West Indias (Contrary to Such acts wee Leave to Yo'^ Lordp^= Consideracon and Humbly begg Yo"" Lordp* ord"= & Directions in that Matter to avoid all the Mischeifes afore<^= with Submicon to Yo"" ord''®= wee have thought fitt to ^rogue the asembly, and Indeed all or the greatest part of the Considerate ffrench Do think that an act of Yo"" Lordp^= with the Consent of the repre- sentatives of the people assembled wnll bee a better & more undoubted way of Naturalizacon for Qualifieing them to vote for and bee members of the gen''^ Assembly then to vote & Sitt there without or before Such an act bee mad to make them capa- ble then any other way Either themselves or any ffriends of theirs on their behalves have before ^posed thought of or advised to & Seeme to bee contented to Stay till Such an act Can bee obtained for them & to ffacilitat that are prepareing a peti- con for that puri^ose to bee presented to the Gen"= Asembly att their Next Mecteing So wishing Yo"" Hon'"^ helth & Long Lives wee remaine Yo"" Lordp^= Most humble Servts= Charles Towne the Jos Blake 30th . of Octob-^^i 1696./ Jos Morton Recorded the 2«i= of Ja : Moore. W'"= Ha weft November 1696 ^ John Berisford Cha : Odingsells Ste Bull Depty= Sec^ty Tho : Gary 7— H. C. John Archdale Esq"^ Govern"^ of the whole Province of Carolina Admirall Cap*: Gen": & Comand"^ in Cheife of all the fforces Raised or to bee raised both by Sea & Land with in the S^= Province To Joseph Blake Esq'" : one of the true & absolute Lords & ^p" : of the ^vince of Carolina & Dep'y : Govern'' of South Carolina Whereas the R*: Hon'^'^'e. William Earle of Craven Pala- tine John Earle of Bath Anthony Lord Ashly George Lord Cartrett S'^= John Colleton Barr*: and Thomas Amy Esq'^: true & absolute Lords and Prop'^^: of the ^vince of Carolina Have by their Comicon und"^ their hands & the Great Scale of the ^vince Dated the One & Thirtyeth Day of August in the Yeare of o'' Lord one Thousand Six hundred Ninety & Foure Impowered me att my Departure from Carolina to England to appoint & Constitute a Dep*^: Govern'" or Dep^y; Govern'^s. Qf South & North Carolina and to appoint a Lieuetenant Gen": & vice Admirall of all the fforces raised or to bee raised both by Sea & Land within the ^vince afores^ : I the S'^: John Archdale reposeing speciall Trust & Confi- dence in the Courage Loyaltie & prudence of You the S"^: Joseph Blake Do appoint & Constitute You the S''^ Joseph Blake Deputy Governer of South Carolina with all Such powers onely as have been given by the true & absolute Lords & ^p®: of the ^vince afores*^ : to Landgrave Thomas Smith Esq*^ Late Govern"^ of Carolina And I Do Hereby further Constitute & appoint You the S*^: Joseph Blake Lieuetenant Gen": Vice admirall of all the fforces raised & to bee raised both by Sea & Land within South Carolina for the Defence of the Same with power to aske Demand and take & receive all Such ffees Per- quisitts Sallaries & Profitts Whatsoever which to any Govern"" or Depty=: Govern'^ of South Carolina have been used to bee taken, now are or hereafter Shall be by any maner of Wayes or Meanes whatsoever Lawfully become and grow Due, and the Same to Yo"" own proper use to Convert And I Do hereby repeale and revoke & make & Declare null and void all other & former Com- icons for Dep'^: Govern'" Lieu*: Gen": & Vice Admirall, Clarke of the Crowne & Peace, & Marshall & Provost Marshall for South Carolina Given und"" my hand & Scale att Charles Towne 99 this Twenty ninth Day of October Annoq Dni One Thousand Six hundred Ninety & Six, Recorded the 14'^ : Day John Archdale of November 1696 ^ Cha : Ordingsells Depty; Secrty Charles Towne December the 6**"= 1696. May it Please Yo*" Lordp^= Soon after Date to that of Yo'' Lordp« : of the 30'*^ : of January 1695/6 wee have received a Letf from his Maj*'«*= Councill Chamber att Kensington Directed to the Govern'' or Comand"" in Cheife of the North and South part of the ^vince of Carolina in America Strictly Chargeing and Comanding him to use his utmost Endeavor that the Lawes of Trade and Navigacon of the Kingdom of England may bee Duly and Strictly Executed within his Govermt= &'^= and Since that is made publick here an act made in the Kingdom of England for preventing of ffrauds & regulateing abuses in the Plantacon Trade which Doth Directly forbid all Aliens the Benefitt of their being Assembly men, and Capable to make Lawes and (as wee und'':stand the act) Doth unqualify all p'^sons not Borne in the Kingdom of England Ire- land or Towne of Berwick or the plantacons to bee parliment men or have any office or place of publick Trust all which are of an after Date to Yo'^ Lordp^= ord"^: to us to Cause Sumons to bee Isued forth for the Chuseing Deligats for Craven County inhabitted onely by ffrench of which wee beleive Yo''= Lordp^: were att that time Ignorant now So Soone after Such Strict and Minatory Comands from his Maj"^*: Councill Chamber to Yo*" Lordp^=: GoV^: to See the Lawes afores^^: Duly and Strictly Executed and after the afores'i^ act made publick here which Seems to us to point More perticularly att Yo*" Lordp®= Collony then any other of his Maj'*^^= plantacons in America to have pretended to have Qualified So many Aliens with those per- ticular priviledges amongst others which His Maj*'": S'^: ord""^: and the S'*: act So Spetially fforbid wee humbly Conceive may bee neither for Yo"" Lordp^= Hon" : or Interest ffor these reasons and others in o"" Letf^ : to Yo"" Lordp^= of the 28th=Day of August and of the 30*^= of October 1696 Given wee thought fitt not to take So many Aliens into o"" Asembly who by their Interest in the house may bring themselves and 100 other Aliens into other places of Publick Trust, before wee have Yo*" Lordp^: farther Directions & Comands ab*: that Matter or Can gett an act past heare for giveing them So many priv- iledges as wee Can or dare, we had hopes to have passed one in their ffavior this Session of the Assembly which Adjourned Yesterday to the 23*^ : of ffebruary Next but the Leadeing men of the ffrench refused to peticon the Asembly for a Bill which wee beleive (if they had Asked for) they might have had this obstinancy of these ffrench Gentlemen have made Such an Im- pretion on Some others of them that were willing to peticon that they planely tell us that all or Most of the Leading men of those which will not Consent to aske for what they very much want & desier is because they Expect they Shall bee requiered to take the oath of alegiance to his Majesty &c which because they Expect to returne home to ffrance to their Estates there in Som Short Time, they beleive will bee the occasion of Som Trouble or Difficulty to them in their reposessing of their Estates, ffor these men Do beleive that the warr betweene the Crownes of England and ffrance canot End but with the Eestoracon of all the ffrench ^testants to their Native Kingdom and Estates To obviate this Difficulty and ansW" the Ends of those ffrench y*^ Realy Designe to Live and Dye heare and are Willing to accept of yo"^ Lordp^= ffaviors and the peoples heare, in giveing them Such priviledges as Shall bee thought Conveniant wee hope to find out a way to gett an act past in the Next Assembly that as many of them as realy Do Desier to bee Naturalized and will take the oath of Allegiance &c : and Do Such other reason- able things as by^the S*^: act they Shall be Enjoyned To Do may bee Singly Naturalized the Assembly not Sitting, and in the meane time wee Will take Care that they Shall Enjoy all the priviledges they have heitherto Enjoyed without Disturbance And may it please Yo"^ Lordps= to bee farther informed that the frequent advice we have of the ffrench's Designe upon this place more perticularly Late Informacon upon Oath that the admirall of the ffrench ffleete that Lay Last Sumer before the Havana Did ord"^ the Same ffleete to meete him there againe Early this Spring to take or Burne Charles Towne which ord"= the Informt= then a prisoner on board the admirall Saith he heard. Did necessitate us to admitt of this Session of this Assem- bly to Expedit the Building of a fort in Charles Towne which an act made before had appointed but wanted power to press men 101 and Materialls to Carry on that work time Enough to prevent this Designe of the ffrench against us, which this Last act hath SuiRciently ^vided against, wee also wanted a Store of powd'^: which wee hope by an act made this Session we Shall bee Sup- plied with (att Least Enough till wee receive that wee Sent for to England by Cap*= Edmund Belinger To have Disolved this assembly and have Called an other accord- ing to Yo"" Lordp^= ord'^^= and the Kules & Methods of Yo'' Instrucons would have Left So much time as that we Could not reasonably have Expected to have Done any thing with them in time Enough to have made us Capable to oppose any attempts may bee made upon us next Sumer by o"" Enemies Yo"": Lordp^: 10 or 11 Yeares ago was pleased to ord"" that no Lands to the Southward of Combahe river Should bee Laid out or granted to any perticular p'"son att that time (as wee Sup- pose) Designeing that Land for the Scotts by reason of which ord"" none of that Land hath yett been Laid out to any p'^son the Scotts haveing in all this time made no progress in the plant- ing of that Land and as we beleive by the afores^^ act of Trade are now fforbiden to make any Seperate or Distinct Settlem* : in any of his Maj^'^^^. plantacons Tracts of Land Island or proprie- ties wee Do presume to putt Yo"^ Lordps= in mind of that ord"" and that SeVall p^'sons have been and Now are Desierous To Buy plantacons part of S^= Land which Tho wee think it will be Conveniant to have it Settled wee will forbeare to Sell or Dis- pose of till wee have Yo"" : Lordps= perticular ord"= thereabouts Wee herewith Send Yo'' Lordp^= a Coppy of the Inform- acon made to us upon Oath Concerneing the Designe of the ffrench to attempt the takeing and plundering or Burneing of Charles Towne Next Spring w^ee have had SeVall other inform- acons to that purpose Last Sumer but wee hope with gods Assist- ance to bee able by that time by care & force to repell them And wish Yo'^ Lordp^= Long Lives Helth and prosperity and humbly beg Leave to Subscribe o*" Selves Yc^ Lordp^^ most Humble Serv'^^ Joseph Blake Ja : Moore Joseph Morton Ste : Bull W" : Hawett Tho : Cary 102 Charles Towne March the 24*^: 1697. May it Please Yo*^ Lordp* : Wee have Yo'-s= of the 23^= of Aprill 1696 with the act &c for preventing ffrauds & regulateing abuses in the Plantacon Trade which wee in obediance to Yc^r Lordp*=: Comands have by proclemacon made publick wee have att assembly begun att Charles Towne the 30^^ : Day of January 1696 and Continued by prorogacon and i\.djournem^*: to the 23^= Day of ffebruary Last Enacted the ffollowing Lawes Viz*: an act to make Currant fforeigne Coyne & to Establish & Settle the weight thereof An act for the makeing of Aliens ffree of this part of this ^vince & for granting Liberty of Contience to all Protestants, An act for to Settle the forme of Conveyances for the purchase of the Quitt rent of Lands Pattented att One peney ^ acre, An act to regu- late the Election of the Members of Assembly, An aditionall act for the Better Settleing & regulateing of the Millitia, a Declar- itory and repealeing act to ^vide Indifferant Jurimen in all Causes Civill and Criminall The foure first of which wee here- with Send Yo'^ : Lordp^ Coppy's as the onely acts then made which Seem's to us to have any relation to Yo"" : Lordp^ : Prerog- atives or Distinct Interest the rest being purely Collony Lawes. The act for Naturalizeing of Aliens is as ample as wee Could prevaile with the Comons to pass it and Satisfactory to the ffrench as they Say but wee Could not possibly have gott this passed till wee ^mised the Comons in an other act To unqual- ifie all Aliens for asembly men which is Don in the act for the regulateing of the Ellection of Members of Asembly (S;"^. . AVee are now hard att worke ab* : a fortificacon att Charles Towne which wee hope in a Little time to make Servicable And to Leave it So as when wee can raise Money to Do it with, it may bee made as regular and fformidable as any Such Woorke in America Yo'" Country is very healthy Encreases Daly with Inhabitants fflourishes in trade. And very peaceable & Easy So. wishing Yo'' Lordp^ : health and Long Lives Beg Leave to SubscriBe o^Selves Yo"" Lordp^: Humble Serv*^: Jos Blake Ja Moore Ste: Bull Tho: Cary John Berisford W" : Hawett 103 Charles-Town in South Carolina y^ 12^''. of March 1697/8/ May it Please your Lordspp^/ Y". of ye 30th . of j^ugst . by Capt. Stow we have Receiv'd. We were in a short Time after y^. Passing of that Act of Assembly Entituled an Act declaratory concerning indifferent Jurymen in all Causes Civill and Crim- inall, Conscious that y^. same ought not to be so Pass'd, and have Practically ever since Omitted y^. Putting of it in Execution, and had (if it had not been first sent to Y''. Lordships for your Approbation) Repealed it before this Time. We have sent to y"". Lordships Copies of all Acts of Assembly which we Conceived had any Relation to or Concern'd y. Lord- ship's Lands, Rights, Rents, Revenues or Prerogatives whatso- ever and y^. Titles of all Collony Laws. We have had y^. Small Pox amongst us Nine or ten Months, which hath been very Infectious and mortall, we have lost by the Distemper 200 or 300 Persons, and On the 24*^: of Feb'^y. last a Fire broake out in y^. Night in Charles Town, which hath Burnt y^. Dwelling, Store and Out Houses of at least fifty Families, and hath Consumed (it is gen- erally Beleived) in Houses & Goods the Value of 30000^ Ster: w^^. with y«. Small Pox we observe to be a great Disheartining to y^.. Planter & March^., Deadens Trade & Discourages Persons from abroad to Settle here. It will be necessary, to make these Afflictions easie and less taken Notice of, that we find out some waies of Encouragem*. to Draw new Setlers hither, w'='^. we hope w^*^. your Hon"^^. good likeing, may be done without any great Charge to your Lordshipps, & to y^. great Interest in y^. Con- clusion, So wishing y'". Lordships Long Lives & Happiness we Crave leave to Subscribe our selves Y'' Lordships most humble Servt^ Jos : Blake, Ste : Bull ; Ja : Moore, W" Hawett, Tho : Cary. Charles-Town in Carolina March y^ U^^. 1697/8/ May it please Y"". Lordships, We have Receiv'd y""'^ of y^. Twentieth of Decemb'-. 1697 by Cap*. Cole. The Govern'^. of Bermuda by Cap*. Stowe (haveing first Recorded it) hath Sent us his Majestie's Procla- mation for a Peace w^^ — France, W^"^. we have Publickly, Sol- emnly and Joyfully published, and will take Care (as farr as in 104 us lies) That y^. Articles of Peace between y^ two Crowns of England and France be strictly Observed. Govern"". Blake hath been Pleas'd to Comunicate to us y^ Councell here, That the Lords Comission''*. for y^. Plantation Trade do Require of your Hon", an Obligation Penalty 3000^ for his your Govern'^'s Observance Performance and Obedience of and to all such Directions & Instructions as from time to time shall be Sent to him from y^. King's most Excellent Majestic &c. He hath been Pleas'd to let us further Know the way and manner he Intends to Answer y^. Commission''^. Demands, or to Save harmless y"^. Hon'^s jf necessarily y^. Lordships must give y^. Obligation for Observance as afores^., with the Names of y«. Persons he makes Use of for Sureties who are M"". James Stan- yarn and M"". Jonathan Amory, both w'^''. are very sober, honest, able & Substantiall Persons. Y"". Councell after the Signing of y^. Enclosed, & before Cap*. Cole came in, was Adjourn'd and Dispersed so that they cannot all be gott together before Cap^ Stow saies he will Sail, There- fore we Desire our further and more ample Answere to y*". Lord- ships by Cole, 'till his Return or another Oppertunity, So wish- ing y"^. Lordships all Health and Happiness we begg Leave to Subscribe our selves y. Lordships, most humble Serv*®. Jos : Blake, Ja : Moore, W*". Hawett, Ste : Bull./ Charles Town in Carolina Aprill y«. 2S^. May it Please y*". Lordships, To y*". Lordships of y«. 20''^. of December 1697 Sent by Cap*. Cole, in ours by Cap*. Stow (a Duplicate of W^^. is Inclosed) we Answered to, as much as y^ Shortness of y*. Time & Number of y^ Dep*'^^ then in Town would Admitt of. As to M""*. Nottle's Petition to your Lordships; Please to be Informed, that there hath not been any thing specially done here by y^ Councell relateing to y^ Disposeall of her Land : It became Escheated to y". Lordships for Want of Paym*. of Arrears of Rent, or Chattells upon it upon w<=''. Distress might have been made for y«. same by Vertue of an Act of Assembly, a Copy of w'='^. is Inclosed, and so of Course, (as all other Escheated Lands) was Granted to y^. first Person willing to take up the same. But y«. better to Enable us to give y"". Lordships a full Ace*, of y^ Matter, two of y^. Councell have Enquired of M""^. Nottles Attorneys here, w*. Orders they have at any time Receiv'd from 105 her about that Land when & why they Neglected to prevent y*. Escheat of it, to w'^'' they, her Attorneys, say, M". Nottle did write to them about it, but neither before had, nor since hath Sent to them any thing to Pay y^. Arrears of Rent w"^., and that they were not willing to Lay y^. Money out of y'". own Pocketts, because, at that time y«. Land, if possibly they could have had it, was not worth the Rent to y"., nor after it is Charged w*'^. a year or two more Rent, will it be worth it to any Person w^so- ever: No Land W^^. hath no Stock upon it, will Lease or Lett for anything here. We have now no Assembly in being, but as soon as we shall have (w'^'^ we Intend to Call so as to Sitt next Fall) we will Endeavour to gett y^. Indian Trade so Regidated, as it may be as well safe as beneficiall to y^. Collony & the Inhabitants : in the mean Time we have no Reason to Expect any Mischeif from y^. Indian Trade, the Small-Pox hath Killed so many of them, that we have little Reason to Beleive they will be Capable of doing any Harm to us for severall Years to Come, that Distemper haveing Swept off great Numbers of them 4 or 500 Miles Inland as well upon y^. Sea Cost as in our Neighbourhood, w'^'^ must Needs lessen y'^. Trade very much : it is amongst us now, God be thanked, neither so infectious nor Mortall as it was in cold Weather. Those Acts of Assembly w*^''. our late Govern"" — Archdale, by y"", Lord^p® — ample & gratious Powers & Condescensions, made here, have had their Intended & desired Effects, but the Want of your Lord^p^ — Approbation of y"". so long, doth begin to make some Persons, w*^*" upon y*. Basis have paid Consid''able Sums of Money for Land &c uneasie & discourages others from Purchaseing & Settling. We hope y*". Lordships to remove y^. Occasion as soon as possibly you can. So wishing y"". Lord^P^. long Life & Happiness, we Crave Leave to Subscribe our selves y"". Lordships most humble Serv*®. Joseph Blake, Jos : Morton, James Moore, W*" — Hawett, Thomas Cary & John Morton/ Joseph Blake Esq"", one of y^ true & absolute Lords and Proprie- tors of y^ Province of Carolina and Govemo"". of South Carolina, and the rest of the Lords Proprietors Deputies To Henry Wigington Esq"" Greeting Wee y^ said Joseph Blake & Lords Proprieto". Deputies for y^ better & more Speedy Dispatching of Publick Business, Have 106 thought fitt to Comissionate & Impower you y^ said Henry Wig- ington and wee Do hereby Comissionate & Impower you, so long you shall Continue Deputy Secretary or dureing our Pleasure to Administer Oaths for y'^ Proveing of any Paper, writeing & Mat- ters, which are to be recorded in y^ Secretary's Office, And fur- ther to Administer Oaths relateing to all Publick, lustrum'^ of Protest which are to be Attested and Manifested by y^ Publick Notary. In Testimony whereof wee have hereunto Sett our hands & Seals y« Eleaventh day of February Anno Domini. 1698/9 ... Joseph Blake Ja : Moore Robert Daniell Edmd. Bellinger Recorded, February y^ fifteenth Anno D«. 1699 . . . Thomas Amy Esq'', one of the true & absolute Lords & Propriet". of y^ Province of Carolina/ To Edmund Bellinger Esq""./ Wliereas it is Appointed by y^. Lords Proprieto". of Carolina in y^ ffundamentall Constitutions & Rules of Government that each of y*^. Lords Propriet"^®. shall name a Deputy, to be his Rep- resentative in y^. Gen'^'^ Assembly & Councell of Carolina I out of ye. Trust & Confidence I have in y^. Wisdome Pru- dence & Loyalty of you the s^. Edmund Bellinger do Constitute & Appoint you y^. S^. Edmund Bellinger to be my Deputy in that Part of y^. Province of Carolina that Lies South & West of Cape ffear, w^^. full Power & Authority to Act & Exercise all such Powers & Things as to a Lord Proprief^'* Deputy doth properly Belong. Given under my Hand & Seal this Thirty first day of March One Thous^. Six Hundred Ninety & Eight. Tho: Amy (scale) John Earl of Bath Palatine & y<=. rest of the true & absolute Lords & Propriet". of y«. Province of Carolina./ To Edmund Bellinger Esq""./ Wee out of y^. Trust & Confidence we have in y^. Wisdome, Prudence, Integrity & Ability of y^ s<^. Edmund Bellinger, Do hereby Constitute, Authorize & Appoint you y^. s'^. Edmund Bellinger Survey^ Gen^" — of y*. Part of y^. Province of Caro- lina that Lies South & West of Cape ffear with full Power and 107 Authority to Act, Execute & Perform all things w*soever which belong to y^. Office of y« s"^. Survey"" Generall, together with all Profitt & Perquisitts belonging to y^. s^. Office & we do hereby Revoke & make Null all former Comissions granted for y^. s^. Office. Given under our Hands & y«. great Seal this 31®^. (j^y of March Anno 1698/ Bath Palatine, A : Ashly, Bath for y^ Ju"^. Carterett, Craven, W™. Thornburgh for S"". John Colleton, Jos: Blake, Thomas Amy, W"" — Thornburgh X John Earl of Bath Palatine, Anthony Lord Ashly, William Lord Craven, George Lord Carterett, S"" John Colleton Bar"*. Thomas Amy, Joseph Blake and William Thornburgh Esq"^^. the true & absolute Lords and Propriet"^^ : of y^. Province of Carolina To John Ely Esq^ To all whome these Pres*^. shall Some Greeting Know Yee that wee do hereby dureing our pleasure, Constitute, Appoint, Authorize & Impower you y*^. s^. John Ely to be our Receiv"". Generall of y*. Part of our Province of Carolina that Lyes South & West of Cape ffear, & allso to-be on our Behalfs & to our Use Receiver of all our Moneys & Dues w^soever and of all our Rents in that part of our Province afores'^ w*^. Power & Authority in our Names to Aske, Demand, Sue for. Levy, Require, Recover, Distrane for & Receive the sA. Rents & Dues, and to give Acquittances & other discharges for us & in our Names for such Sums as you shall Receive by Virtue of these Pres*®. & to do & Act all other Thing & Things w^soever that we our selves might legally Do in Order to y^. Recovery of y^ s<^. Rents & Dues as well in Arreare or that shall become due before our repealing or Yacateing this pres*. Comission by some Writeing under the Hands of y^. Palatine and two or three more of y^ true and absolute Lords & Propriety's. & y^. great Seal of our Province published & Recorded in y^. Secret'^y's Office there: And for what Rents or dues you shall Receive you are to be Accountable to us & to Dispose of y^ same as you shall be Directed by us. We do allso Constitute & Appoint you Escheator of y^ Part of our Province afores^. and to do all those things that to the Office of an Escheator do belong. And we do hereby Revoke, Make null & void all former Comissions Granted 108 for y'^. said Offices. Given under our Hands & y^ great Seal of our Province this Twenty sixth day of July Anno Doni. 1698/ Bath Palatine, Bath for y« Lord Carterett, W'". Thomburgh for S"". John Colleton, Thomas Amy, Joseph Blake, W"". Thorn- burgh. M^ Thomas Miller haveing Meritted well of us, and Wee being therefore willing to Shew him some Marke of our ffavour, have thought fitt to Bestowe on him One Thous'* — Acres of Land Rent free for w'^^. you are to Pass a Grant to him in y^. ffonn we have Directed for Land sold for w*^'' — this shall be your Warr^ Given under our hands and Seals y^. fourth day of March One Thous<^. Six hundred Eighty and three To y^ Govern'^ & our Dep*'^^ Craven P^' (seal) of y*. part of our Province Bath for jr* ( }\ that Lies South & West of Lord Carterett ^^^^ Cape ffear P Colleton — (seal) Recorded Janu'-y. 16*^ : 1698/9 Henry Wigington Dep*y Secret'^y./ William Lojd Craven one of y^. true & absolute Lords & Proprief^^ of y«. Province of Carolina To Robert Daniell Esq'". Whereas it is Appointed by the Lords Proprief^ of Carolina in their ffundamentall Constitutions and Rules of Governm*. that each of y*^. Lords Propriet". shall Name a Deputy to be his Representative in y*=. generall Assembly and Councell of Caro- lina. I out of y^. Confidence I have in y^. Wisdome, Prudence & Loyalty of you y^ said Robert Daniell Do Constitute & Appoint you y«. s^. Robert Daniell to be my Deputy in that Part of our Province of Carolina w<^^. Lyes South and West of Cape ffear, w*^h. full Power and Authority to Act and Exercise all such Powers & Things as to a Propriet■^^ Dep^y. do's Belong Given under my Hand and Seal the fourteenth day of January Anno Dom : 1697/8 Craven (Seal) Recorded Janu'-y. y^ 17'^. 1698/9/ William Thornburgh Esq"", one of y^. true & absolute Lords & Propriet". of y«. Province of Carolina To Robert Gibbes Esq"". Whereas it is appointed by the Constitutions and Rules of Govemm*. of Carolina that each of y«. Lords Propriet"^^ shall 109 Choose and Nominate a Deputy to be his Representative in y^ Coimcell and Assembly of Carolina : I out of y^. Trust and Con- fidence I have in y^. Wisdome, Prudence & Loyalty of you y^. s^. Robert Gibbes Do hereby Constitute & Appoint you y«, s<^. Robert Gibbes to be my Deputy in that Part of our Province of Carolina that lyes South & AVest of Cape ffear, w*"*. full Power & Author- ity to do all those things y^ to a Proprief®. Dep*^. do properly belong Given under my Hand & Seal y^. Twentieth day of Octob"". Anno 1698. W". Thornburgh (Seal) Recorded Janu-y. 17^^. 1698/9/ Anthony Lord Ashly one of y^. true and absolute Lords & Propriet"^^. of y^. Province of Carolina To Henry Le Noble Esq^ Whereas it is Appointed by y^. Lords Propriet". of Carolina in y''. ffundamentall Constitutions & Rules of Governm*. that each of y«. Lords Proprief^^. shall Name a Deputy to be his Rep- resentative in y^. generall Assembly & Councell of Carolina. I out of y^. Trust & Confidence I have in the Wisdome, Prudence & Loyalty of you y^. s'^. Henry Le Noble do Constitute & Appoint you y^. s^. Henry Le Noble to be my Deputy in that Part of our Province of Carolina, that Lyes South & West of Cape ffear w***. full Power & Authority to do & Execute all those things that to a Lords Propriet". Dep*y do's properly Belong Given under my Hand & Seal the 20'^. day of May 1698./ Recorded Janu-^y. 17'^. 1698/9/ ' ' A Ashly (seal) Henry Wigington/ John Earl of Bath Palatine and the rest of y«. true and absolute Lords and Proprief^^ of y^ Province of Carolina./ To Thomas Cary Esq"", our Receiv. Gen"^". or to y^. Receiv"". Generall for y^. Time being of Carolina AVhereas we have Constituted by our Comission beareing date y^ Twentieth day of May 1698 Edmund Bohun Esq^ to be cheif Justice or Judge of that Part of our Province of Carolina that Lyes South and West of Cape ffear, and for his Care and Trouble in Executeing y^ s"^. Office have Allowed Him a Salary of Threescore pounds, ^ Anum to be paid him halfe Yearly out of y^ Publick Treasury of Carolina to Comence from y«. Time no of his Entrance on y^. s^. Office : We do Require you to Pay unto y^ s''. Edmund Bohun Esq"", y^ s'i. Threescore pounds ^ Anum. halfe yearly out of s*^. publike Treasury and for your discharge therein this shall be your Sufficient Warr*. Given under our Hands & Seals this 28*^ day of May 1698'/ Bath. Palatine (seal) A. Ashly (seal) Bath for L'^. Carterett (seal) Craven (seal) Jos: Blake (seal) W"'. Thornburgh — — (seal) for S"". John Colleton Tho : Amy (seal) W"". Thornburgh — — (seal) Recorded Janu'-y 20^^. 1698/9 Henry Wigington D. S. Whereas Wee have Sold unto Heni^ Augustus Chastaigner Esq"". Seigneur of Cramahe & Alexander Thezee Chastaigner Esq"". Seigneur de Lisle One Thousand Acres of Land for w'^'^. we have Receiv'd y*^. Simi of ffifty Pounds. You are to Direct y^. Survey'". Gen'^". to Admeasure y^. same out for them in such Place as y^. s'^. Henry Augustus Chastainger & Alexand"". Thezee Chastaigner shall Desire within y^: Limitts, and w**>. such Pro- portions of ffront to y^. Navigable Rivers or Creeks, as we have (by our Instructions for Setting out & Bounding of Land beare- ing Date in Septmb"". 1683) Appointed; And you are to Pass Grants for y«. s*^. One Thousand Acres of Land to y^. s'*. Henry Augustus Chastaigner and Alexander Thezee Chastaigner & their Heires for ever according to y^. fForm we have Appointed for Land Sold. And you are also to Direct y^ Survey. G^n""". to Lay out two Thousand Acres of Land more in One Piece with y^. said one Thousand Acres, for yv^^. you are to Pass Grants according to y^ fform We have by y^. afores'^. Instructions appointed for Land whereon y^. Penny ^ Acre Rent is reserved, And you are to Cause at y^. same Time y^ s^. Henry Augustus Chastaigner and Alexander Thezee Chastaigner to Sign a Coun- terpart of the s^ — Indenture or Deed of Conveyance for y^. Secur- ity of y^. Penny ^ Acre Rent to us for y^ s^. Two Thous''. Acres of Land, and the s<^. One Thousand and two Thous^. Acres are to be made a Mannor (if they shall so Desire) for w^\ this our Ill Order, w^h. you are to Record & ffile shall be your Warr*. Given under our Hands & Seals this fourth day of Septemb^ Anno Dom : 1686 Craven ^^"'"^ — (seal) To James Colleton Esq"- one of y^. P Colleton (Seal) Landgraves & Govern^ of y*. Part of John Archdale (Seal) our Province of Carolina that lyes South & West of Cape ffear and to y«. Govern"", for y^, Tim*^ being and our Deputies./ Recorded ffeb'T^: Eight 1698/9 Henry Wigington D S. John Earl of Bath Palatine, Anthony Lord Ashly, William Lord Craven, George Lord Carterett, S"". John Colleton Bar"*., Thomas Amy, Joseph Blake and William Thornburgh Esq", true and absolute Lords & Propriet'^^ of y^. Province of Carolina To Edmund Bohun Esq"". We Reposeing especiall Trust & Confidence in y^. Ability, Care, Prudence & Fidelitie of you y*^. s<^. Edmund Bohun Have Ordaned, Constituted & Appointed, & by these Pres'^. Do Ordane, Constitute & Appoint you y«. s<^. Edmund Bohun by y^. Name & Stile of chief Justice or Judge of that Part of our Province of Carolina that lyes South & West of Cape ffear To Have, Hold & Determine all Pleas as well Civill as Criminall and those Relate- ing to y«. Publick Revenues and all other Pleas w*soever arise- ing & Happening within y^ s^ — Part of our Province of Carolina. Giveing & hereby Granting unto you y«. s^. Edmund Bohun full Power and Authority to do, Perform & Execute all Acts, Matters and Things whatsoever within y*^. s^. Part of our Province of Carolina W^. to y«. Office of a cheif Justice doth in any Avise belong or Appertane and in as large & ample manner to all Intents & Purposes as any Justice or Baron of any of y^. Courts of Westminster or any of y^. English Plantations in America may or ought to Perform & Execute To have & to hold y«. s'^. Office of chief Justice in y^ s^. Part of our Province of Carolina, together w'^^. all ffees. Per- quisites, Priviledges, Liberties, Imunities & Casualties belong- ing to ye. s^. Office untill We y^. s"^. Grantees of this Commission shall upon a full Heareing of him y^. s'^. Edmund Bohun or some other Person Comissioned by him Adjudge him worthy to be 112 Deprived of this Office for any Misbehaviour or Injustice by him Comitted & no Longer: After W^^ Judgm', upon such Heareing of y*=. s'^. Edmund Bohun by us or the Maj"". Part of us given this Comission shall be as if it never had been Granted. And We do hereby Require & Command all our Officers and all other Per- sons w^soever in any wise Concern'd to Take Notice of this our Grant & give all due Obedience to him y«. s'^. Edmund Bohun in y^. Execution of y^. severall Powers herein Granted him as they will Answer y^ Contrary at y^ Perill. And we do hereby Revoke and make Null all former Comissions granted for y*^, s*^. Office. Given under our Hands & y^ great Seal of our Province this Twentieth day of May in y^ year of our Lord One Thous^. Six hundred Ninety & Eight. Bath Palt'"«. A. Ashley, Craven, Bath for y^ L^^ Jos: Blake Carterett W'": Thornburgh for S^ jno — Colleton Thomas Amy, William Thornburgh Recorded ffeb'y y^. Eigth 1698/9/ Henry Wigington D S. Thomas Amy Esq^ haveing well Merited of us, and in Con- sideration of y*^. great Services he hath done in Contributeing to y^ well Settlem*. of our Province of Carolina Wee have thought fitt & do Require you to Order y^ Survey. Gen'^". to Admeasure out Twelve Thous<^. Acres of Land for y^. s*^. Thomas Amy for w*^^. you are to Pass Grants to y^. s'^. Thomas Amy and his Heires for ever, Reserving y^. Quitt Rent of Ten Shill ^ Thous*^. Acres p"". Ann. And y^. w'^''. Twelve thous'^ — Acres we will shall be made in two Manners if he shall Desire it so to be for w'^''. this shall be y"^. Warr*. Given under our Hands & Seals this seven- teeth day of Octob^ 1694/ To John Archdale Esq-". | Craven paitine (seal) Govern'', of Carolina ( Bathe (seal) W™. Thornburgh for S"". Jn°— Colleton Ba"-"'. (seal) Recorded May y^. IS*'' : 1699 John Archdale for Henry Wigington D S./ Thomas Archdale (seal) 113 John Earl of Bath Palatine, Anthony Lord Ashly, William Lord Craven, George niaoii: Sigiiru. L^. Carterett S"". John Colleton Bar"*: Thomas Amy & Joseph Blake Esq", the true & absolute Lords & Propriet". of y^. Province of Carolina./ To Nicholas Trott Esq-". Wee being Assured of y«. Care, Prudence and Ability of you the s"i. Nicholas Trott, Have Made Constituted, Authorized & Appointed, and by these Pres'^ — Do Make, Constitute, Authorize & Appoint you y«. s^. Nicholas Trott to be (dureing our Pleasure) Attorney Gen"^". of that part of our Province of Carolina that lyes South & West of Cape tfear, therein to Act, Plead, Implead, Sue & Prosecute all & every Person & Persons w*soever for all Debts, ffines, Amerciam^^ fl'orfeitures. Escheats, Claims & Demands whatsoever w^*^. now is or may or shall be due or in Arrear to us upon any Ace', whatsoever whether Rents, Revenues or otherwise howsoever and to Prosecute all matters criminall as well as Civill GiA'eing & hereby Granting unto you full Power & Authority in y^. Premises, therein to Deal Do, Execute & Per- form in as large & ample Manner to all Intents & Purposes as to y«. s'^. Office of Attorney Gen"^" — doth in any wise app''tane or belong And Ave do further by these Pres'^. Constitute, Order & Appoint you y^. said Nicholas Trott to be (dureing our Pleasure) Advocate Generall of y^. s"^. part of our Province of Carolina to Sue, Implead, & Prosecute in y^. high Court of Admiralty in y^. s^. part of our Province of Carolina in all matters as well Civill as Criminall, To Have Hold & Enjoy y^. s-. LordPP^ Letter of y^ Tenth of Aprill 1698 Sent by Maj'". Daniell, and y". of y^ Sixteenth of Aug^*. 1698 Sent by Cap*. Mann we have Receiv'd. Y"". LordPP^ — Constitutions sent by Maj"": Daniell We Offered to y«. Lower House for their Assent to, by a Bill of their House to be Pass'd into a Law ; they Liked them not, so modestly Laid them aside, and Appointed a Comittee to add to those or Draw new ones, with their Address to y. LordPP^ — for y. gratious Acceptance &c which when done they Liked not, and have taken a longer time to Consider of both. 116 The ffrench here, ever since M"^. Archdale laid down the Gov- ernm^ have not been Differenced from y^. English in any manner of Usage or Concern publick or private, Except being of y«. Assembly here, w'^''. the Act for their Naturalization hath not given them, and their being Jurymen in Tryalls w'^''. Concern his Majestie's Eevenue of his Customs &c w'^^ — all Aliens by an Act made in England are made unqualified for, in all other Matters they have Enjoyed all the Priviledges of English-men, and the English & they have a long Time lived together as if they were all of one Nation, the former Animosities being quite forgotten./ M"". Secref^y. by this Conveyance send y"". LordPP^ — all the Acts in fforce here. Wee thought it fittest that Maj"". Daniell's Money for Value of his Rum condemned should be Repaid him out of the publick Treasury, into w'='\ all of it (Except y^. Prosecuf^^ part) was paid, Wee therefore Proposed it to y^. lower House for their Con- currance with us for an Order to y^ Treasurer (for without that, none of the Publick Money can be Disposed of) to Repay it to him, but they unanimously Dissented; If y. LordPP* — thinke fitt to have it paid him in any other Way, Please to Order it so. Foreseeing that if their should be Occasion to make Use of that Act for Restraneing of Pyrates &c formerly Ratifyed by y. LordPP^ — , the Validity of it would be Disputed for the People are generally of Opinion, That it was not duly Enacted; We sent that y^ Lord??* — Sent to us to the Lower House to be passed into a Law, w^h. they would have done with a little but no materriall Alteration in respect of his Majestie's Service, But not without a Clause in y^ same Act to Declare y^. former Act of no Force, which, without y"". LordPP^ — Leave Wee would not Accept of. What ye. Country hath done for M"". Marshall, a Person every way deserving y«. Character y. LordPP^ — give him, you will See by the Copy of an Act made here and Sent you by M"". Secrefy., with which he seems to be veiy well Satisfied. Chief Justice Bohun's Learning, Integrity & Diligence in y^. Execution of y^. Laws of England in fforce here We have yet no Experience of; But of his Neglect of and Acting contraiy to y«=. Laws of this y^ Colony we are too Sensible. Nicholas Trott Esq^ arrived here ten Dales agon : We will 117 take Care that all y-". publick Officers shall observe such Methods as he shall Prescribe to them, for y^ better and more regular Keeping of their respective Records. We have allready Repaired and Widened our Look-out and have taken Care for it's Managem*. to y^ best Advantage We have allready by an Act of Assembly given Incouragem*. to y^ Pilotts to make frequent y^ Use of y^. South-Channell. We are profoundly Sensible of and unfeignedly thankfull for y. LordPP^ Care to Promote y^ Trade as well as y^ Increasing ye. Number of y^ Inhabitants of this y. Plantation. Edward Randolph Esq-", his Majestie's Survey. Gen^", from New-Yorke came hither, where by y^ Govern--, all y. Dep*'"— and all other y. LordPP^ — publick Officers he was Received and Treated with all Civilities & Respects due to y^ Place he bears and y«. Trust his Majesty hath Reposed in him. After two or three Months Stay here, he Went on Board a Vessell bound for Bermuda ; when the Master of that Vessel putt her under Sale for that Voyage, he Ask'd M--. Randolph for his Permitt to go off; He told y^ Master he was y^ King's Officer and Wanted no Permitt for his Departure nor would he be Subject to y^. Colony Laws ; The Master told him he had given Security in a Bond of One Thousd— Pounds not to Cany off any Person with- out the Govern". Permitt, And that without such Permitt he would not Carry him off: M^ Randolph told him he would go on Shoar and inmiediately Discharge those Bonds for him; He Went to y^ Secret-^y^— Office & Inquired of y^ Dep^^ Secrefy— if any such Bonds were in y^. Office, and Desired him to let him See it, W^h. as soon as he had in his Hands, he Cancelled Tore in Pieces and Went away : This Wee thought fitt to Write to you, least he should Represent this thing at home otherwise than it was. He never Ask'd the Govern^ or Secretly, for a Permitt, nor so much as Hinted that he Expected to go off without a Permitt, or without doing what y^ Act for that End made requires to be done, before a Permitt can be given to any Person. Yr Lordpps — Constituteing Esq^ Bohun Judge of so many of ye. highest Courts hath allready given us some Trouble, and we foresee will give us much more ; ffor he Beleivs & Sales he's not Accountable in any Court or Place or before any Authority whatsoever here for any thing he can do; which Opinion we Beleive encourages him to Act contrary to our Laws as he hath allready in severall Cases done, even where y^. Law hath laid a 118 severe Penalty upon him for so doing, and We have now an Information Exhibited ag*^ him for y«. Penalty of one Hun- dred Pounds; We will by this Conveyance give y*" — ■ LordsPP^ — a particular Ace*, of all his Proceedings. Wishing y. LordPP^ Health & long Life AVee are 3^^ Lord??® — most humble & Obedient Serv'^ . Jos: Blake Jos: Morton Robert Gibbes James Moore Edm<^. Bellinger Henry Noble Charles-Town on Ashly River in Carolina May the IS^^ — 1699. May it Please y. Lordpp^— We have Receiv'd y"". LordPP^ Comission for Impowering us to Sell Land, and to Inspect the Acc'^ of y^ Late Receiv-^^ M^ Cary and M^ Moore &c M"". Cary hath given his Acc*^ to M^ Ely and hath paid him the Ballance of them as they Stand ; How good they are we cannot Judge, before we have made Inquiry of y^ particular Per- sons of y^. Sums of Money paid him, and to whome & how much every Person hath paid for y^. Land he Possesses or Holds, w'='^. to do will Require some time; the Govern*" — hath allready taken Care to have this done as soon as Possible, which when done will make easie y^. Stateing of and Enquireing into M*". Moor's Accounts. We will Observe y"^. LordPP* — Instructions for the Sale of Land &c Wishing y. LordPP^ Health & long Life We are y. Lordpps — most obedient & humble Serv'^ — Joseph Blake Jos: Morton Rob*. Daniell Ja: Moore Edm'^. Bellinger William the Third ^y y^- Grace of God King of England, Scotland, ffrance and Ireland Defender of y^. ffaith &c To Jonathan Armory Gen^ 119 Greeting. We Reposeing Confidence in your Skill, Abilitie, Industry & ffidelity to our Service Have Constituted & Appointed and by these Pres'^ Do Constitute & Appoint you y^. s"^. Jona- than Amory to be Advocate in y^. Court of Admiralty of South- Carolina, and We do hereby Committ to you full Power & Authority to Appear for us and our high Admirall or y^. Com- ission" for the Executing the Office of our high Admirall for y^. Time being as Advocate in y^. s*^. Admiralty Court of South Carolina and to Move & Debate on behalfe of us & our said high Admirall of y^. s^^. Comission'^ for Executing that Office for y^. time being, whatsoever may be found to be Requisite & Con- duceing to any of y^. Rights, Perquisites, Profitts or Benefitts belonging to us or to y^. Office of our high Admirall and to Move for & Procure all manner of Process and all manner of De- crees for Seizure of Ships & Goods of whatsoever kind in any sort forfeited or belonging to us or to y^. Office of our high Admirall and Cognizable within y^. s^. Court & to Cause Proceedings to be made thereupon & joyn up Issues & Produce or See Witnesses to be Produced as y^. Cases may Require and both to Act & Defend for us or our s'^. high Admirall or y^ s*^. Commission", for Exe- cuting that Office for y^. time being, and to. Sue for and Procure finall Decrees & Interlocutories & Sentences definitive & Execu- tions hereof for y*^. Advantage of us or our s'^. high Admirall or y^ s"^. Comission'^^ for Executing that Office for y^. Time being & Generally to do & Consent to all & every Act & Acts thing & things yv'^^. may be requisite in y^. Premisses or touch or concerne y^ same. Giveing and by these Pres'^s^ Granting to you y^. s'*. Jonathan Armory all manner of Rights, Places & Priviledges belonging to our Advocate in our Court afores*^. and our Will & Pleasure is that these our Letters Patents or Comission shall Continue in force onely dureing our Pleasure In Witness whereof we have Caused y^. great Seal of our high Court of Admiralty of England to be hereunto Affixed Given at London this six & Twentieth day of June in y^. year of our Lord 1697 and in y^ Ninth year of our Reign. (Locus Sigilli Cu"": Admira*:) Orlando Gee Reg^ Recorded June y^ 27^^. 1699 Henry Wigington D S 120 Joseph Blake Esq. one of y^ true and absolute Lords and Pro- prietors of y« Province of Carolina & Goveniour Leutenant Gren- erall and Vice Admirall of y' part of y^ Said Province y*^ Lyes South and West from Cape Fear and y^ rest of y^ Comissioners for apointing publick Officers &c To y^ honourable James Moore Esq. Wee reposeing especial trust and Confidence in y^ ability Care prudence and fidelity of you y^ Said James Moore, By virtue of y^ Power and authority to us derived Have ordained, Constituted & apointed and by these presents Do Ordain Constitute, and apoint you y^ Said James Moore by y^ Name and Style of Cheif Justice of y^ Pleas or Judge of y* part of y^ Province y* Lyes South & west of Cape fear, To have, hold, and determine all pleas as wel Civill as Criminall and those relating to y^ publick reve- nues and all other pleas w' Soever ariseing and hapning w'^in y^ Said part of y'^ Said Province of Carolina Giveing and hereby granting unto you y^ Said James Moore full power and authority to do perform and execute all Acts, matters and things whatsoever within y« Said part of y« S<^ Province which to y^ Office of Cheif Justice of y^ Pleas doth in any wise apertain or belong in as large and ample Manner to all intents and purposes as any Cheif Jus- tice or Judge of any of his Majestys English plantations in America may lawfully do. To have and to hold y^ Said Office of Cheif Justice of y'^ Pleas and Judge together w^ all Fees, per- quisites, Priviledges, Immunitys and Casualtys belonging to y^ Said Office untill y« Lords Proprietors or our Selves shall other- wise direct. And we do hereby Comand all Officers and all other persons whatsoever in any wise Concerned, to take notice of this Grant and give due Obedience to y^ Said James Moore in y^ Execution of y*^ Said Office,, — „ — „ — „ — „ — „ — Given under our hands and y^ Publick Seal of y^ Province this first — Day of Decemb^— Anno Domini 1699/700 Joseph : Blake Esq. one of y^ true & absolute Lords and Pro- pritor of y^ Province of Carolina Lieuetenant Generall Vice Ad- mirall and Governour of y* Part of y'= Province of Carolina y* lyes South and west of Cape fear To y^ honorable Joseph Morton Esq. Landgrave and Cheif Judge of y^ Court of Admiralty, And the Honorable James Moore Esq. Cheif Justice, And to the Honorable Edmund Bellinger Esq. Deputy Judge of y« Admiralty and y^ Hono^^ie: Rob: Danield & Rob*: Gibbs Esq. Greeting 121 Know Yee y' I by and with y« Advice & Consent of my Coiincell have Nominated, Constituted & appointed, And by these Pres*^ do Nominate, Constitute, & Appoint you y^ Said Joseph Morton. James Moore Edm'^. Bellinger. Robert Daniel & Rob*. Gibbs, or any 4 of you Provided Jos: Morton be one. Justices for holding of a Sessions of Oyer & Terminer & Gaol Delivery for y^ Juris- diction of y*= Admiralty of South Carolina at y^ house of Cap*. William Smith in Charles town on Wednesday y*^ 7^^ day of February next, To enquire by y^ Oath of Good & lawfull men, by whom y^ Truth may be y^ better known, of all and all manner of Pyracies Robberies & Murther's homicides and Misdemeanours done & perpetrated upon y^ Seas by whomsoevevor howsoever y^ Same hath been done & perpetrated & to inspect all Indictm*s. w*soever relateing, to y^ Premises before you brought & to make Process thereupon against all & Singular Persons Indicted before you & to hear & Determine all & Singular y« Pyracies, Robberies, Murthers, homicides & Misdemeanours & Indictm*% afores^. According to y« Laws & Statutes of England, & y« Customs of y^ Admiralty, as in like Case hath & ought to be done or used & to Chastise and punish Persons offending as afores"^. And every of y™ for Such their Offences by Death, fines, ransomes, Imprisontm*® : Amerciaments, forfeitures, or otherwise as ought & hath been used to be done in & by y^ Admiralty Jurisdiction, Comanding you & Every of diligently to Intend y^ Charge and Trust hereby reposed in You, and y* You make Inquiry upon y^ Premises, and hear Determine, fullfill and Perform y^ Same aforesaid doing therein y* which to Justice doth apertaine Given under my hand and y*^ Great Seal of y*= Province at Charles Town this fifth day of January Anno Domini 1700: Annoque Reqni Gulielmi Tertij Regis & cetera undecimo,, — „ — (sigill:) Joseph Blake ( Pro : ) Charles Town on Ashly River the Day of Anno D" : 1699. May it Please Y^ LordPP^ — , Judge Bohun's Opinion of y« fulness And unlim- itedness of his uncontroulable Power (as he Calls it) hath given us a Great Deal of Trouble since his Arrival here nor hath it been less Chargeable to the Country, — — In a Short time after here he acquainted y"". Councell y* he intended to call & hold a 122 Generall Session of Peace & Gaol Delivery we told him we thought there was no Occasion at this Time (we haveing y" but one Prisoner in Goal, for Such a Chargeable Court as y*, And delay'd him till we Saw w^e Could not put him of Longer with- out disobligeing him to Extremity y" wee Comply'd with him, And he would have y* Court sit at y« Same time y^ Court of Pleas was to Sitt, Proposeing to do y^ business of both Courts in as Short time as of one, Att y^ Day appointed for y^ Session w<=^ was y^ Second Tuesday in May last, he Called & open'd both Courts, He Proteus like. Metamorphosed himself and Court in one & y*^ Same Hour without Adjournm*: from Judge of y^ Pleas, into Judge of Goal Delivery And anon into Judge of y^ Kings bench, And thus he Spent three Days and a half without doing more y" another might have done in two hours, he Kept y^ Jurors for y^ Court of Pleas undischarged three Day's And Did not try one Cause w*'^ y™.. tho formerly w" they have try'd most Causes They used to be discharged in one Day & a half, The Jurors for y^ Court of Goal Delivery he kept on duty — three days & a half and tryVl but one Criminnall, In his Court of Kings bench which he held at y^ Same time w*^^ ye two former, he Comitted y^ Marshall of y^ Admiralty to Goal for not bringing before him in his Said Court on Tuesday, Two Persons W^'^ he took out of his Custody y^ Saturday before by his warr* to y^ Provost Marshall A Difference w'^*^ arose between him & his attorneys of y^ Court of Pleas, about ffees and ready Money was y^ Occasion he did nothing in y* Court and he declared y^ first day of y* Court before Noon, y* he would try noe Causes y* Court, He knew there was butt one Criminall to try in y^ other Court Yet kept 94 Jurors, (for so many are neces- sary to attend both Courts) together w*^ Plaintiffs, Defendants, Witnesses, and other Persons Concerned a Great number on duty y^ time aforesaid this unnecessary and very exjDensive Delay hath disobliged a Great number of People One Crowther Master of a Pink, after he had beat thirteen weeks upon y^ Coast of Virginia for y* Port, Came into Ashly River, for Wood, Water & Provisions, a little time after his arrival here two of his Seamen left him, he Complained of y'" to Cap* Bellinger, Deputy Judge of y« Admiralty who by his warr*, had y'" brought before him to whom they absolutely refused to go on board He according to an Act of Assembly Entituled for y' Purpose made here Committed y'" to y« Custody of y*= 123 Marshall of y*^ admiralty, by him to be kep*. till y^ Pink Sayled, and y" to be jjiit on board w^^ was done Accordingly. Judge Bohim after y^ Vessel was under Sail bound out of this Port by his warr*. directed to y^ Provost marshal, & a precept to a Cap' of one of y^ Companys' in Charles Town to raise his Company to Assist his Marshall sent for y« two men and their Master on shoar ye two men he let go at Liberty y^ Master he Comitted to Goal, because y*^ Marshall of y« Admiralty, had not obeyed his writt of Habeas Corpus, The Master by this Means, to his, & Owners, Great Damage, made uncapable to Proceed on his Voy- age, Petitioned y^ Councell for his Liberty, That his Seamen might be put on board, & for Damages, after y^ Reading of y^ Petition and before y^ Councell enquired into y^ Merritt of y^ Matter, We Sent for Cheif Justice Bohun by him to be In- formed of y*^ reasons for his So doing, he told us y' w' he had done was according to y^ Habeas Corpus Act, we told him these two Men were Persons Convict & under Execution & therefore not within y^ Compass of y*^ act & y* before y*^ Execution of his Writt of Habeas Corpus, he was by a Member of our Board told y^ Same he told us y* w' he had done he would Justify by Law, w^e told him we did not then Send for him to Call him to Ace*, for w' he had Done, But (if he Could) to give us better Reasons y" we Could take from his Process, for his so Doing, or Else y* we would Send y^ Men on board again, we Could Observe nothing from his further Discourse upon y^ whole Matter, but y' his so Doing was reason Enough for its being Done before y^ debate of y^ Matter was made an end of, w^e Came to understand y* y^ Judge had by recognizance bound OAer these two Men (for whom before he had acted more like an advocate y" an Indifferent Judge) to y« next Gen". Sessions of y^ Peace an uncertain Time, we asked him for w' Crime, upon whose Complaint, or Informa- tion he had bound these two Men to y« Sessions, he would make us no Answer, other y" y* he had done it, wee Enquired of y^ Master if he had made any Comjalaint against his Men to y^ Judge, he told us Noe wee Apprehended this was done by y« Judges advice w*^ y« Consent of y^ Men to make us less Capable to Send them on board in fine we Ordre the Men to be putt of board and y^ Judge at last advised y"^ to leave a Power behind y*" to Sue y^ Marshall of y« Admiralty for false Imprisonm*. Some Say the Judge first medled in this Matter to Grieve y^ Master because he did not first Complain to him against his Men 124 & y' he (as before) multiplied his Proceedings because he Could not beare to have any thing done by him to be Called in Ques- tion or Contradicted, and for y« Sakes of y^ Fees, we have reason to beleive y^ last was a great Inducem*. In his Court of Kings Bench he Called y^ Marshall of y^ Admiralty before him to make return of his writt of habeas Corpus, Wliich he was Comanded to bring y^ bodys of y« Two Seamen afores'i. before him, on Tuesday y^ Marshall made return y* y^ bodyes of y^ Said Seamen were taken out of his Custody by his y^ Judges Precept to y^ Provost Marshall directed on y^ Saturday before ye Said Tuesday, The Judge Said this was no return & therefore Comitted him Prisoner to the Provost Marshall Among other his Multifarious Proceeding's in y'= afores'^. Matter, ye Judge Sent a Certiorari to Landgrave Morton his Majesties Cheif Judge of y^ Court of admiralty for so he is Constituted by his Majesties Speciall Comission, & to Edmund Bellinger Esq" Deputy Judge, y^ Copys of y^ Cheif Justices Certiorari, and their return to it we hereunto Send Your LordsP^ — This hath made a Difference Between Your LordShips Cheif Justice and his Majesties Judge of admiralty. The Justice Says he will make y^ Judge know he hath Power & will Supersede any business w*so- ever shall be brought before him in y^ Admiralty, to this y^ Judge will not Submitt. Wee know Your Lordships have Power by your Charter to make Judges of y^ Admiralty. Notwithstand- ing W^h his Majesty is Pleased to Comissionate one here now if your Cheif Justice Supersede all business shall be brought before ye Kings Judge it will in Effect make his Majesty's Comission Void Whether this be a fit way & time for your Lordships to Claim y"^ Preerogative in y^ Particular Matter your Lordships are better Judges y" we are. And we hope your Lordships will Give Instructions about it One Watkins a Merch^, from Bristoll Came here w" after he had Stay'd Some time and was inclined to Go off, he Sold y* remainder of his Goods for Something less y" he retaild y™ to John Hales an Inhabitant for money to be paid before he went off ye Said Hales refused or neglected to Pay him his Money as agreed w^h ye Merch*. Petitioned ye Cheif Justice for a Speciall Court, weh was Granted him, and a Tryall had in w^^ ye Def*: attorney, alledge y^ ye Judge had made divers Errors, a Copy whereof wee herewith Send your Lordshipps and accordingly did address ye Governour for approbation to ye Judge till ye Said 125 Errors were arguid wee Endeavored to Persuade y^ attorney to desist, by telling y" there was nothing but right done Tho in a wrong way, they told us y* if indirect meanes were Suffred, to be made use of to do Justice, they would be much more made use of to do Injustice the}^ would not be Prevailed upon to desist, There- upon y^ Secretary was Ordred to Issue out Such Process as in y* Case is usual. The Secrefy. before he did anything in y' matter Acquainted y'' Judge of y^ Importunity of y^ Deft^ attorney and of y« Necessity — he was under to Comply w*'' y'", the Judge was not against arguing y« Errors, but Said y^ Process must Go from him. And he must and Would & y* none other in Carolina Could try his Errors. The Secretary told him it was not So in England, he Said he knew y*, but y* he by his Comission was Judge of all & every Individual Superior Court in w^^ y^ Errors of y^ Inferior Courts were arguable &c^ — The Secretary told him y^ Govern"^ was Satisfied he ought not be Judge of his Own Errors, And had ordered him to Issue out Process for a hearing in y^ Palatines, Court, And desired his y^ Judges advice in y^ method of doing it. The Judge Seemed to be willing to advise, but whilst y^ Secretary and he were discoursing of y^ Matter, y^ Judge made an Excuse to go out, Step'd into another Room & Signed an Execution in y^ Particular matter, and ordred y^ Mar- shall to execute in mann"". Then Came again to y« Secretary & w'^ him Consulted of y^ mann'^ of y^ Process not telling him of y^ Execution being signed or Executed, however y*^ matter was brought to a hearing before y^ Councell where y^ Judge was Pres', & arguid passionately for ye pjt "Yhe Councell for y^ reputation of y^ Country & Justice Sake Ordred y« Merch^ Should have his Money, And left it to y^ Judge to Proceed as he would have done if no Errors had been, — The Judge Ordred y^ Matter so y^ Notwithstanding, Execution was Executed upon y^ Def. Goods, y« Merch' wen of without his Money, nor did at last take Care to have it p'^. Sooner y" it might have been recovered in y^ Court of Course The Attor- ney for y'^ Def, Adres'd y^ Councell to know where they might bring an Information for y« Penalty of 100^. for non Observance of our Jury Act Against y^- — Judge of & Above all Courts, after some time w'^^'out Success Spent, to Disuade y^ attorneys from their PurjDose we told y'" y^ Palatines Court would hear and try all Causes, in w'^*' any Officer of any Court without w^h Officer y^ Court Could not have a being, was Concerned, 126 and to Judge of appeals, The Def*. Hales hath filed an Information in y^ Secretary's Office against y^ Judge with a Co})y of w'^'^ he hath been Served it will Come to a tryall ye 2nd AVednesday of August next, He hath done a great many things Contrary to our laws made here, Sometimes he Say's They are all nonsence, and y* he will take no notice of y"^. Some- times he Say's he acts Contrary to them Ignorantly, and it is (he Say's) because he cannot See y™ Both houses of Parliam*. have made an Order y* y^ Clerk of y^ lower house. Shall have y* Benefitt of giveing Copy's of all acts of Assembly to every Person w'^'' hath Occasion for y"' att : 2^. 6°. for y^ Copy of each Act, this being to Gratify him in part for his attendance on y* house — The Clerk of y'= Lower house being sometimes out of Town w" y^ Councell Sate So as y* we Could not Come at y^ Acts w" wee had occasion for y™ The Secretary moved for an Order to have y* Acts kep* in his Office to avoide y* Inconveniency, An Order was made Accordingly but w*^ y^ Condition, That y^ Clerk Should have y*= benefit of Giveing Copys as before, and y' y*^ Secretary nor his Deputy Should Not give any Copy's — He hath told y^ Councell he desired Copy's of all our acts in force. The Councell told him it Avas y« Clerk of y^ Lower house his Business to Give him Copy's he paying for y™, (his own Motto for So he Say's to every one y' Comes to him about Business) as Every one of y"* Did If they had Occasion for y"", he told us he would not pay for y*" The Secretary told him Severall times y* if he would, himself, or Order his Clerk, or any Other Person to Copy y'" for him, he would order his Deputy to lett y"" Do it, he doth not accept of this offer but Say's y^ King in England gives all his Magisterial Officers Copy's of all acts w**^ out Paying for y™ By Carrying on business, in unusual, Indirect and Unnecessary Channells, he Generally Advances y^ Costs of Every Suit to double (Some More) the fee they "have been used to amount to & takes Greater fees for Matters & Things w'^*' used to be done y" are allowed by our Act of fees — a few Particulars we Instance as follow — — — — — — — — — — — — — — He demands and forces y« Paym*. of five Shill® for Every action entred in the Judges book tho y^ Same never Come to a Tryall this fee was never demanded before He demands and takes one Shill and Six Pence, for y^ Venire for every action w^'^^ [^ Entred in y^ Judges book tho y^ Same go by Nihil Dicit or be made up before it Come to y^ Jurv never taken before. The Attorney 127 refuseing to Pay him y^ two afores^. Fees together w^^^ y^ reasons above mentioned, was y^ only Cause why he would not try any Actions y*^ hist Court of Pleas He takes ,7^. 6° for Allowing a writt of Error y* fee being lim- itted by act to 5 Shill. After Judgm'. obtained, in his Court of Pleas he refuses to Sign Executions or Tax Cost of Suit till Such time y^ attorney records w* he will have him Record and pay him Six Shill & eight Pence for makeing up y* record a thing altogether needless And never before Practised For y^ Copy of y^ record of his Court he exacts : li :12^ :6D : w<=^ before his Time Exceeded not : 7^ :6D : What he Enters Aperta Curia for a Record in his Chamber Erases and Alters — w<^'' Particularly he did in y^ Case of Watkins & Hales aforesaid The P^ non suited himself in w"^^ Case y^ Def^ hath Costs allowed him, The attorney for y* Def*. Presented to y'^ Judge y^ Bill of Costs by him to be taxed, one of w'^'* Articles was y« Nonsuit as it was entred in Court. The Judge Said it Avas no Nonsuit but, a Discontinuance for w'=^. y^. PI*, pays no Cost ; the Attorney told him he saw it Entered a Nonsuit in his Booke, y^. Judge went from him y^ Atfney, to his Clarke, Erased out y^. Nonsuit & in y*^. place thereof Entered a Discontinuance, And all this to Save his beloved Plantif y* Cost These Particulars have Ocurr'd w^'^out a Particular Scrutiny into his Gen^' : Proceedings w^^^ we have reason to fear are all tinc- tured Av"^ such excesses We hope Your Lordships will take notice how mischeivous such a Multiplyed & unaccountable Power infected w^' an excessive Love of Money may be to any Comon- wealth- and how arbitrary that Governm* must needs be where any Great officer can pretend to be Judge of his own actions and no where accountable for his Proceedings in all other Matters So wishing your Lordships all health and happiness we Crave leave to Subscribe our Selves, Your Lordships most faithfull & humble Servants Sept ye . 5th . 1699 May it Please Your Lordships Wee have herewith Sent your Lordships Duplicate of our last to you Since w*^*^ time our Assembly have Sate & will not medle anything in y^ Matter of y^ Constitutions but adjourned to y^: 30*'^: of January, without doing anything more y" reviveing y^ Acts y* lay'd y^ Imposition on Skins &c^ 128 The Dayly Continuance of y^ Clamours of y^ People for Judge Bohun's Exorbitancy Gives us Cause humbly to Intreat your LordsP®. would be pleased to let him know y* Some Court or other is Superior to him y^ gi^eat Disatisfaction y^ People are under by reason of his unlimitted Comission you will See by y^ Address from y^ Commons also herew^*^ Sent May it Pleas your Lord?^. to be Informed y* it hath been alwaies usual in this Governm' — for y^ more ease of tradeing men, to Permitt special Courts, to be held because y« Stopp of Ships till y^ Court of Course might be of gi-eat Detrim^ to y*^ owners, Merch*% & Masters, & our Councell books being burnt, a New Order was past to y* Purpose a Copy of w*^"^ is inclosed & as it had allwaies been here used, y^ Person desireing. Petitioned y* Govern^, (ye Councell not sitting) to Give his Order to y^ Judge for it One Cap*, fforster Petitioned for a Special Court — y^ Govern'' thought it reasonable & indorsed y^ Petition as usual, & Sent it to Judge Bohun who would not Pay Obedience to it nor Call a Court, because he was not Petitioned himself Saying y* Courts should be w" he Pleased not w" y^ Govern"^ ordred The Petition, w*^^ y^ Indorsem*, & the Attorneys Certificate of w* he did in y« matter is inclosed. How Cap*, fforster's Owners, will take it w" they Shall hear y* there Vessel was forced to ly here two months on Charges for y*^ recovery of ^20. or ^30 Pound wee know Not, but wee are sure it is y^ way to discourage trade — The reason why the Councell would have y« Power of appointing the hold Speciall Courts, or (they not Sitting) y« Govern'' is, y^ fees of Special Courts being Considerably higher y'^ Court of Course, they would not Give y^ Judge opportunity on every frivolus occasion of holding y'" for love of y^ Fees wee hop Your Lordships will take this Matter into Your Serious Consideration for it makes your Governm*. here very ridiculous in y^ Eyes of all Strager y* when they Shall Order a Court to be Called for y'' Ease & releif Your Judge shall refuse to pay Obedience to it — And Praying for your Lord- shipps health and Longlives, Crave leave to remain Your Lordshipp Most humble Servants Joseph : Blake James : Moore Edmund: Bellinger Robert: Gibbs Henry : Noble 129 Charles town in South Carolin — May it Please Your Lordship's Janu^-y, : 17 : 1699/700 Since ours of y^ of Sept'''^\ 1699, to Your Lordships, Wee have Nothing New or Extraordinary to trouble you w*^. Except y« Relation, of a Most Infectious, Pestilentiall & Mortall Dis- temper (y^ Same w*^^ hath alwaies been in one or more of his Majesties American Plantations for 8 or 9 Years last Past) which from Barbadoes or Providence was brought in among us into Charles Town about y^ 28^^ or 29*^ of August last, and y« Decay of Trade and mutations — of your LordsPP^ — Publick Officers occasioned thereby — This Distemper from y« time of it's begin- ning afores*^, to y^ first day of November, Killed in Charles Town at least 160 Persons Amongst whom w^ere M"" Ely Your Lordshipp Receiver Gen'^ — M'' Armory y'^ Lordships Receiver for y^ Pub- lick Treasury, Edw^, Rawlins Your Marshall & Ed^. Bohun Esq' Your Cheif Justice &c^. To Whose Room (till your Lords?^. Pleasure be made Known to us) we have thought fitt to Consti- tute James Moore Esq'. & by y^ Death of y^ S'^ Justice, all those Desputes w*^'^ have arisen Between him & Y"^ Councell & between him & y^ attorney's of his Court, (y^ last of w^*^ were y^ Occasion of great delay of Justice) are removed, and by our Comission to y^ S*^ Moore we have taken Care to Prev* or Obviate y^ like Deputies, In M'^ Ely's Room we have appointed Edmund Bel- linger, in y^ Publick Receivers room is appointed George Logan Esq : In y^ Marshalls room Cap*^ John Collins Amongst a Great many other Good & Capitall March*^ & house- keepers in Charles Town y^ Reverend M'' Marshall our Minister was taken away by y^ Said Distemp"" — w*^^ hath Occasion'd us to adress our Selves to y^ Lord Bishop of London for such another, we hope & begg your Lordships will be pleased to put his LordsP. in mind of us and to Care y*^ such another. Learned, Sober, Pious, Moderate Prudent and Obligeing Minister may be Sent us — Besides those y^ have dyed of this distemper in Charles Town: 10. or: 11: have dyed in y*^ Country all w'^'^. got y^ Dis- temper & were Infected in Charles Town went home to y'^ fam- ilies & dyed & w'^^ is Notable not one of all their families. Infected by y'" — This so great a loss of Merch*^ & Men of Estate hath putt a Great Stop to trade, w^h we hope now all is healthy again will revive We have receiv'd your LordsP^ Letter of y^: 27*^: Sept''^'": by Cap^ Stow to w^h we will answer at large as also give your 9— H. c. 130 LordsP^ a further ace* of all things, W^^ Shall, be worth your Notice, w'^^ Shall occur before y' Time by Cap* fflavel who Intends to Saile for London in thirty dales Cap* iforster by whom we Send this being in haste to Sayle Wishing your Lords?* all health & happiness Wee remain your Lords?*, most humble Serv**. Janu'-y. y^: 17'^: 1699/700 May it Pleas Your Lordship That fatherlike Care w*^'^ your Lordship hath taken to fill all y^ Churches in his Majesties Plantations in America, w'*^ Pious, Learned and Orthodox Ministers as well as Your Lords?*, appli- cation to us of y' Care, in a more Especial manner, my Sending to us so Eminently, good a Man, & our late Minister y^ reverend M"" Marshall deceased Encourages us to Address your Lordshi^D for such another, he by his regular, Sober & Devout life, gave no Advantage to y^ Enemies of our Church to speak ill of it's, Minister, By his Sound Doctrine y^ weak Sons of our Church he Confirm'd, by his Easie & as it were Natural use of y^ Cere- monies of our Church took away all Occasions of Scandall at y™, By his Prudent & Obligeing way of liveing & Manner of Prac- tice, he had Gained y^ Esteem of all Persons, For these reasons it is y* we address your Lords?, for such another, The Same Encouragem^ & Provision was made for M"^ Marshall is setled by act of Parliam*. upon his Successor a Minister of y^ Church of England w'^'' is as followeth Viz^ 150 Pounds Yearly out of y^ Publick Treasury, A Good Brick hous & Plantation two Negro Slaves, & a Stock of Cattle, besides a Considerable Benefitt w^** by y^ Encouragem* of y^ Governm* will acrew, By Christianing, Marriages & Burials — AVee beg your Lordship Let y^ Nature of our Address, Excuse y^ trouble it Creates you, and our Presumption and y* Your Lord- ship will give LTs leave to write our Selves, most reverend father Your Lordship most dutifull Sons & humble Serv** To y^ right Hono^ie: and ] right reverend father in I God Henry Lord Bishop \- of London 131 March, the : 8*^. Anno D°. 1699/700 May it Please your Hono". In ours of y^: 17"\ of January last wee acquainted your Lordships with y^ receipt of yours of y^. 21. of September 1699, to which this is our Answer — As to Judge Bohun wee gave y"" Lordships a full & True ace*, of the matter of fact and Left y'^ merritt of y^ thing to yo"". Judgm^ and Directions to which wee Should readily have given due Obedience so farr as y^ Judge would have Lett us. Butt he is dead which hath not more Effectually putt an End to that matter then your Lordships Comands (then which nothing can be more Obleidging to us) hath Done — Our Governo'". & his Majesties Officers take due Care that the Acts of Parliament for regulateing the Plantation Trade and for the Encourageing of Shipping & Navigation are well Observed, & no Vessels have been Seized of Late but have been Condemned & y' according to s'^ Laws,, Wee Suppose Landgrave Morton y^ Judge of y« Admiralty & M"" Bellinger his Deputy will give your Lordships reasons for their Acceptance of y^ Comission by which they now Act the Governo'". is Pleased to tell us he hath Sent your Lordships a Copy of itt„ „ „ „ „ . The Constitutions y*^ Comons would not Accept of nor pass y^ Act against Pirates without a repealing Clause &c=*. The reasons Alleadged are theirs not ours, Butt we Canot Observe no great Inclination in y^ better Sort of People to Encourage Pirates,, — We are greived wee have Occasion (& humbly begg your Lord- ships Pardon for it) to trouble your Lordships with y^ unac- ceptable Narrative of y« Misbehaviour of yo"^ Publick Officers by M"" Bellingers narrative, his Articles of Charge against M"" Trott and y^ Order of your Councell made thereupon all now Sent to you,, ,, „ Your Lordships will See how M"" Trott hath behaved himself & what wee have done in which wee Submitt our Selves to your Lordshi]5S better Judgm*. Your Lordships Country is very healthy & hath made more rice y^ Last Cropp then we have Ships to Transport 132 Wishing your Lordships all health & happiness wee Crave leave to Subscribe our SelvevS Your Lordships most faithfull Humble Servants Joseph Blake James Moore Edmund Bellinger Henry Noble Robert Daniell — Joseph Blake Esq'', one of y^ true & Absolute Lords & Pro- prietor of y^ Province of Carolina, Governo''. Lieu^ Gener". & Vice Admirall of that part of y^ said Province that lyes South & West from Cape Fear, And y^ rest of y^ Comission". for Ap- l^ointing Publick Officers &c^ To Henry Wigington Esq"" Wee being Assured of y^ Care, Prudence & ability of you y^ said Henry AVigington by Virtue of y^ Power & authority to us derived. Have made Constituted, authorized & appointed & by these Presents Do make, Constitute Authorize & appoint you y^ said Henry Wigington to be (dureing our Pleasure) Attorny Gener" of that part of y^ Province of Carolina that lyes South & West of Cape Fear therein to Act, Plead, Luplead, Sue & Prose- cute all & every Person & Persons whatsoever for all Debts, fines, Amerciam*^. — forfeitures Escheats, Claims & demands what- soever which now is or may or shall be due or in arrear to y^ True & Absolute Lords & Proprieto''^ of y^ said Province upon any Acco'. whatsoever, whether rents, revenues or otherwise how- socA^er & to Prosecute all matters Criminall as Avell as Civill, Giveing & hereby Granting unto you full Power & authority in y^ Premises therein to Deal, Do, Execute & Perform in as large & ample manner to all Intents & Purposes as to y« said Office of Attorny Gener" — . doth in any wise Apertan or Belong, To have hold and Enjoy y^ said Office of Attorny Gener". — of y« said part of y^ said Province of Carolina and all Liberties, Priv- iledges Perquisites, fees & Proffitts whatsoever thereunto Incident 133 or belonging, Given under our hands & y^ Great Seal of y^ said Province this first day of May Anno Dom : 1700 Jos Morton Ja: Moore Joseph I 1 Blake I I Edm^. Bellinger | 1 Henry Noble June the. 13*^. 1700 May it Please your Lordships — In ffebruary last run out of y^ havana. 7 or 8 men in Launch a Spanyard Cheif in this they took a Bigger Vessel & added to y^ Number of their Men & so Continued Piratically takeing of Vessels till they had in a Short time taken .17. all or most English & encreased their Number of Men to about 44 or 45 which were English, Portuguese, Blacks Indians & Most of all French — — — — — — — — — — — — — These with two Vessels which were bound from Jaimaca to Lon- don & which they took in y^ Gulf Came upon our Coast in Aprill last where y^ Pirates quarrelling amongst themselves turned ashore all y^ English Pirates Amongst them which were Nine & one Seaman belonging to one of y^ English Vessels taken in y^ Gulf These Men Came ashoar at Sewee Bay & from thence to 134 Charles Town by Land, Pretending they were taken by Pirates & turned adrift at Sea out of Sight of Land in a Small Boat without Armes & with but very little Provision & water It happened y^ at y^ Same time these men Came to Charles Town wee had three Masters of Vessels which had been taken by them, whereof as soon as wee were Informed wee Caused y^ Men to be Apprehended & after Examination Comitted them to Goal & for y^ Tryal of them Appointed a Sessions of Oyer & Terminer & Goal Delivery for the Jurisdiction of y^ Admiralty on Wednes- day y«^. 5*^. day of instant June, Seaven of these men together with two of y^ Pirates w*^** took Cap* Rhett in y^ Providence fFrigate & which had for y' fact lain in Goal here about .6. Moneths Avhich for Avant of Evidence against them wee Could not Try before Cap* Khett came in, were Condemned & Executed yesterday all but one by Name John Colson which Seeming to be very Penitent as w^ell as least Culpable, we have thought fitt to repreive till your LordshijDS pleasure therein be Signified to us which wee begg y"" LordP^ to do by y« first Opportunity, .... This Man Executed y^ rest The two Pirates which took Cap* Rhett had two Evidences against them to prove y* Piracie (i. e) Cap* Rhett & Cap* Anthony Mathews a Master of a Vessel taken by them and their Prisoner on board them when they took Cap*. Rhett The rest have four, Some three y^ least two Evidences against them to Prove their being in armes & assisting to y« takeing Some of five Some of four y« least three Vessels, Edward randolph Esq'. Sate in Court y« whole Tryal of these Pirates, after y^ Evidence was Summ'd up to y^ Jury & that ready to go out he in favour of four of y^ Criminals produced a Deposition which he had taken in Providence whicli was to this Purpose y^ master of y^ Vessel from Avhom four of these Pirates were taken made Oath that these men (i e.) four of them by name were taken from him by force, this being a Considerable time before y^ Pyracies Comitted for w"^^ they were Arraigned w^ee thought fitt not to give them to y^ Jin\y hoAvever Avee let y^ Jnry knoAv what they Avere, These men had perticular Certificates to y^ Same purpose from their Masters. Wee thought fitt to giA'e your Lordships a particular Acco*. of this, doubting M'" Randolph might make a misrepresentation of itt at home, For wee See his humour is to quarrel at every thing that done as well in y'^ Kings GoA^erm*. as Proprietaries & that he 135 had rather no Goverm^ Should do any thing well than he want an Occasion to Complain of them at home The Grand Jury Acquitted two of y« nine Pirates — These men when they came in told us that their fellows intended to fitt their Vessel in one of our harbours & a day or two after were Seen three Vessels at an Anchor at Sewee Bay, Then wee made all y^ hast possible to fitt out two Sloopes with a hundred men to take them whilst wee were about this Cap* Rhett in a Ships Boat Came from y^ Northward Close along shoar who told us there were no Vessels to y« Northward, this put a Stopp to our Progress two daies after this wee heard of y«= Pirates being in North Edisto then wee fitted out our Sloops & Sent them thither but they Came there to Late Some of our own People by giveing y^ Pirates Notice of this Preparation Caused him to go to Sea before our Sloops gott thither this Expedition Costs the Publick near, a hundred Pound but we hope y^ report of so Sudden & so well done a thing will discourage Pirates from lying upon our Coast Skeech from Bristol Came in about five weeks Since on board of whom was y^ Smallpox & a Malignant feaver of which, Ten or Eleaven dyed at Sea & two or three here. But God be thanked these distempers have not Infected us Wee are very healthy Joseph Blake Rob* Daniel Joseph Morton James Moore Hen: Noble Edm^, Bellinger Carolina, May, 17*^— 1700— May it Please yo'' Lordships — The Death & Departure out of this Province of some & the Neg- ligence of others of y^ Members of y^ house of Comons Elected to Convene on y^ thirteenth of September, 1698, made y^ Appearo""^. in y^ Said house y^ 2, or 3, last Time of their Convention so few that little or no Publick business was or Could be done by them, for which reason wee hopeing to have more diligent Persons Elected in y^ Stead of y^ Negligent as well as y^ roomes of y« Dead & Absent filled up, thought fitt to dissolve that Assembly, which wee did on y«. 31. day of January last & at y^ Same time Issued out Writts for y^ Election of another Assembly to meet on ye. 20. March last,, — Because y^ Dissolution of y^ Assembly gave us a Chance for Per- 136 sons more Industrious & better inclined to attend y^ doing of Publick business & is no more Charge or trouble to y« People then y« Election of one member wee thought it better to dissolve it then to give writts for Election to fill up y^ Places of y« dead or Absent On y« twentieth of said March wee mett y« house of Comons who (after they had Chose M"^ Nicholas Trott Speaker) pre- sented to us three Bills, one for Securing y^ Provincial Library in Charles Town, One to Appoint a Publick receiver, & one for y^ better regulateing the Proceedings & fees of y^ Admiralty, In which last Bill they wholy took away y^ Admiralty Jurisdiction so far as it may or ought to have any relation to y^ Acts of Trade & Navigation, & Limited all matters & disputes ariseing by Said Acts, to be triable only in y^ Court of Exchequer which wee Conceived Contrary to y^ Practice of England all his Majesties Plantations & all Proprietarys in America & to y^ Sence of said Acts And in Effect by Obliding y^ Informers of matters of Fact done Contrary to Said Acts to give unreasonable Securities & to pay Extravagant Damages made y^ Said Acts unpracticeable even in their own Court of Exchequer for all which reasons we in yo'' Lordships Names told them we Could not pass such a Bill before we had yo'^ Lordships Advice & Comands for so doing with which not Satisfied they once or twice a Day unpresidentedly Impor- tuned us to pass Said Bill till we to avoid further such authorita- tivelike Importunities rejected y^ Said Bill. . Wee had Some difference Avith them about y^ manner of appointing a Publick receiver they not being Contented to Admitt for our Approbation of him as all former Assemblyes have done. To Accomodate y^ differences ariseing between y« two houses out of these Acts a Conference of both houses was at their Instance granted by us in which Conference they told us wee were no house & from & after that time in all their Messages to us stiled us Lords Proprieto"^. Deputies & took no Notice of us as an upper House Contrary to y^ usage of all former Par- liaments & of their own house before this Time After Some Time Spent & Pains taken to no Purjjose to perswade them to make Laws with us as all other former Parliam^^ : had Done, And you in Such Capacities as Lordships in your rules of Goverm*. had Directed from which (we told them) we could not recede they to Oblidge us to pass such Acts & in Such Capacities as they had a mind to & distinguished us by. Sent us a Message to 137 Lett us know that they would not take into their Consideration y^ Bill for Naturalizeing y<^ Vadauis unless wee would ratify two Bills, (viz') one for Appointing Cap' Thomas Smith Publick receiver & one for y^ Securing y^ Provincial Library, These devices not haveing Influence enough upon us to recede from your Lordships rules of Governm^ they then Sent us a Message to lett us know that if wee would ratify y« Said two Acts then they would take into their Considerations yo"^ Lordships Constitu- tions „ „ To this Message yo"". Lordships will See our Answer in our Journal herew"^ Sent you Lett it Please _yo^ Lordships to understand that y^ reason they .so much Pressed y^ ratifying these two Acts proceeded not from y^ necessity of haveing them but to make a Session, By which they Intended to remove y^ Publick receiver putt in by us which in Case of y^ Death of y^ former receiver who by an Act of Assembly were Impowered to Nominate who so Nominated who so Nominated was to Continue till y^ next Session of Parliam'. & that y*= Major part of them frequently declared after they had put in another receiver they w^ould Adjourn themselves to July next and do no other Business And all this heat against y« Pres*. receiver was not Occasioned by any fault or inability in him but rise purely because he was put in by us for they Acknowledged they could not find any Error in his Acco*® : — After all these Essays, to out y^ receiver to make way for their owne favourite, who must not Come in neither but without our Consent and Approbation, M"^ Speaker was Pleased to Inform y^ house that y^ rejection of any one Act made a Session as much as y^ ratifying one, And that he would by Law Convince us thereof in y*^ next Conference of both Houses, In said Conference he read to us out of Shepheards Epitome of y^ Comon & Statute Lawes under y^ Title of Parliam's (folio, 10) Justice Huttons Opinion to that Purpose, which in y* Same Chapter is Contradicted by said Hutton, Lord Cook, & two or three other as great Lawyers, as Soon as they perceived we had discerned this false Pleading, the house would not be prevailed on by M"" Speaker to Justify any longer in this Topick, nor to vote as M'' Speaker would have had them that y«= Pres^ receiver was no receiver & that whoever paid any Money to him as Such should be deemed breaker of y^ Priviledges of Parliam'^. — Ene- mies to y^ Country,, „ „ 138 After M"". Speaker was thus Disapointed wee mett with nothing from them but Affronts breaches of y^ Priviledges of our house & Encroch™*^ upon yo''. Lordships prerogatives by Limitting us to a Day to pass their Bills to an hour to Answer their Mes- sages, and denying us to be a house as Constituted by yo'' Lord- ships rules of Governm*. Amongst other things M'^ Speaker pro- posed to y^ house to make a Comittee of Greivances with Power to represent them to yo"". Lordships without Shewing them to their own house or to us which Comittee Consisted of five of their Members or any three of said five to Avhich M"" Speaker was Ordered to be Assistant, three of these five were M"" Speakers perticular Admirers & followers. And his End in haveing such a Power given to this Comittee was as wee are Informed) to have himself Commended to yo"". Lordships & yo''. de^Duties reflected on for Suspending him, Wee know nott butt M"" Speaker may Perswade these men that Notwithstanding y^ dissolution of y^ Assembly they are Still a Comittee & ^swade them to send yo''. Lordships some such things. After we had Notice of this unpre- sidented Power of this Comittee w^ee gave them time enough before y^ dissolution to have perfected this Thing if their Design had been like M'' Speakers Malice, Wee have reason to beleive M'' Speaker proposed itt & drew up y^ house of Comons that bold & unreasonable Act for y^ bet- ter regulateing y^ Proceedings & fees of y^ Admiralty to make y^ Judge of y^ Admiralty & his Deputy uneasie or onely Titular Judges, & that he proposed all y^ other new things (for by him they were proposed) in y^ house to make us all uneasie because of his Suspension, Cap* Jn° Breholt Comander of y^ Carlisle Frigate a Ship of very great force both of men & Guns from y*^ Coast of Cuba Came into Ashley river in November last & was Informed against by his men for Comitting of Divers Pyracies & Hostilities upon y^ Subjects of his most Catholick Majesty y« King of Spaine for which in a Special Court of Oyer & Terminer & Goal Delivery for y^ Admiralty Jurisdiction he was brought upon his Tryall, It was Clearly proved to y^ Grand Jury that he had boarded Several Vessels, Chased Some on Shoare had taken & made use of Several things from on board them And as Often as he Espied a Saile he told his men that there was a prize he hoped loaden with Money &c^. Notwithstanding which y^ Grand Jury found y^ Bill against him Ignoramus, as Soon as he was Cleared he 139 hastened y^ fitting his Ship for Sea which as Soon as he had done he fell down y^ river below our fort & Guns, and then made it his business to make it known everywhere that he was bound to y^ redd Seas encourageing all Sorts of men to Come on board him, Several Persons in Debt more than they were able or will- ing to pay went on board him Several Prisoners assisted (as we have reason to beleive) by Breholts men Escaped out of Goal & went on board him. Upon which y« Governo"'. Sent to him to demand y^ said Prisoners & all other Persons on board him for which he had not his Permitt to take them on board he refused to return any of them to take them from him by force wee foresee Could not be done without a great deale of Bloodshed, wherefore wee thought fitt to take y^ Advice of y^ house of Comons (they being then Sitting) about that matter they (Influenced by M"" Speaker) Breholts perticular freind who also Influenced y^ Grand Jury to find y^ Bill against him Ignoramus, By a Mes- sage lett us know that they were w^ell Informed by Severall Mem- bers of their house that Breholt was ready to Send on Shoar as many of y^ afores^, ^sons as y^ Govero"". would require Not- withstanding which Breholt would not Send one Man a Shoar and wee verily beleive he is upon a pratical Design gon to y^ redd Seas „ „ „ Wee have Presumed (for which wee begg yo"". Lordships par- don) on yo^ patience in y^ length of this letter to Obviate Such Misrepresentation of things as wee beleive will be made to yo"". Lordships about our Transaction with & dissolution of y^ late Assembly & begg leave to Subscribe our Selves yo"". Lordship most Obedient & humble Servants Eobert Daniel Joseph Blake Edm'^. Bellinger Jos: Morton Henry Noble Ja Moore May y% 17, A D°. 1700 May it Please yo"". Lordships — Yo". of ye. 16. of December 1699 by Cap* Man wee have received Wee humbly & with Submission oifer to yo"" Lordships, That wee fear y^ Altering of y^ forms of Grants, Settled by an Act. Entituled an Act to Ascertain y^ Prices of Lands, & y^ forms of Conveyances ratified y^ Sixteenth of March 1695/6 still in force (which y^ Proviso for Escheat yo"" Lordship have Ordered us to putt into all Grants will be) will make y^ People very 140 uneasie & give them Cause to beleive your Lo^dsPP^ take no Notice of any Acts made here or but of Such parts of them as you like best of y^ forms of Grants for purchased land is butt to Continue 2 years & 10 Months by said Act, y^ forms of Grants for Land held at. l'^. ^ year ^ acre quitt rent is to Continue 10 years 10 months wee humbly Advise that it will be best to lett y« forms of Grants for Lands Purchased att 40s. ^ 100 Acres con- tinue as they are dureing y^ time afores'^. If any Great Incon- veniencie may be foreseen in it wee Conceive that y^ limitting of such Grants to a Moderate quantity of Land may Obviate that, And that y« Proviso yo"" Lordships orders for y« Escheat of Land unsettled for y« Space of four years after Patented may be best done by an Act of Assembly, which wee doubt nott but y^ Comons wdll willingly Do it being so reasonable, & so much for their good by Encourageing new Comers to Settle among us, for these rea- sons wee Presume to deferr y^ Putting yo^ Lordships Comands to us relateing to that Matter in Execution till we have yo"" Lord- ship further Order about it, few or no Grants for Land not already laid out will be ready for our passing before Wee may have yo''. Lordships Orders & wee presume yo"". Lordships do not Intend these Orders shall Extend to land already run out, Wee herewith Send yo'' Lordships M"" Bellingers yo"". Lordships pres* receiver his Acco*^ — And are yo"" Lordships most Obedient & humble Serv'^ — Joseph Blake Joseph Morton James Moore Robert Daniell Edmund Bellinger Henry Noble Johannes Comes Bath Palatinus Carolinse reliquiqi ejusdem Provincise Proprietores Salutem, Cum Serenissimus Princeps Carolus Secundus Nuper Dei Gratia Magn.ne Britannise, francise & hiberniie rex fidei Defensor, ex Speciali suo favore Dedit et Concessit nobis una cum Provincia Carolinse potestatem Gradus, Status Titulorumq Dignitatem & honorum Ibidem Constituendi & Erigendi Virosqi bene meritos ad eosdem Gradus Evehendi, ijsqi Titulis cohonestand ordandiqi, Cumqi regiminis forma a Nobis Stabilita et in perpetuum a Nobis et Successoribus Nostris Observanda Constitutum Sit ut Certus Sit Langravarum et Cas- 141 siquorum Numenis Qui Sint Perpetui et hereditary Nobiles Pro- ceresqi Provincise nostra? Carolinae, Cumqi Eximius Vir Ed- mundiis Bellinger Magna suae Prudentia & Industria magno erit adjumento Nobis, Vinim de Nobis tarn bene Meritum remun- erare Volentes, Langravuni Constituimus Sciatis Igitiir quod nos ut Monumentiim, ^steriim Gratise Nostrse et Illius Meritorum Dictum Edmundum Bellinger ad Statum, Gradum, Stilum, Titulum & honorem Langravi Ereximus Praefuimus et Cre- civimus Ipsumqi Edmundum Bellinger Landgravum Tenore Presentium Erigimus Prefacimus et Creamus Eidemqi Edmundo Bellinger nomen Statum Gradum Stilum Dignitatem Titulum et honorem cum quadraginta Octo Mille Ingeris terree aliisq. Priv- ilegiis eidem Dignitati pertinentibus et in ^^ternum Imposuimus Dedimus et Pra^buimus et per Presentes pro Nobis ha'redibus et Successoribus nostris Imponissibus & Prsebemus habendum et Tenedum, eodem Nomen Statum Gradum Stilum Dignitatem et honorem Landgravi una Cum Praedictis Terris Singulusq. Juri- bus Pra^eminentijs Privilegijs & Immunitatibus Eidem Dignitati Pertinentibus Prafato Edmundo Bellinger et hseredibus Suis Secundum Tenorem fundamentalium Nostratum Constitiitionum in perpetuum Volentes ac per praesentes Concedentes pro Nobis heredibus et Successoribus nostris quod Predictus Edmundus Bel- linger et heredes sui Predicti nomen Statum Gradum Stilum Dignitatem Titulum et honorem Landgravi Secce&sive Gerant et habeant Terrasq. praedictas pos^ideant et eorum Quilibet gerat habeat et Possideat et per nomen Langravi Yocentur & nuncu- pentur et Eorum quilibet Vocetur & Nuncupetur Quodq idem Edmundus Bellinger & heredes sui Predicti Successive Langravi in Omnibus teneantur et ut Landgravi tractentur et reputentur Et eorum quilibet teneatur, tractetur & reputetur habeantq teneant et possideant et eorum quilibet habeat Teneat et 2:)0ssideat prae- dictas Terras, Solventes in perpetuum pro quolibet Tractu terrae centum Jugera Continente duodecim Denarios bonae et legalis Monetae Anglia? Anuuatim nobis et heredibus Nostris quae Solutio Tnchoanda & Sub finem Biennij post ejus Illius Occopa- tionem. Nee Non Dictus Edmundus Bellinger et heredes sui prae- dicti Gaudeant et Utantur etorum quilibet Gaudeat et Utatur per nomen Lnngi'avi Omnibus & Singulis Juribus Privilegijs Pra'eminentijs et Immunitatibus Statui Landgravi in Omnibus rite et Jure pertinentibus, In Cujus rei Testimonium has Litteras Nostras Sub magno Sigillo Nostra Carilinae fieri fecimus 142 Patentes Datum per maniis Nostras Septimo die May Anno Orse Christianse Milesimo Sexcentesimo Nonagesimo Octavo Bath Palatine A Ashley Craven, Bath for ( Magno ) W"" Thornburgh for 1 1.^= Carterett ( Sigillo ) S"- Jn" Colleton J ( Carolinse ) Joseph Blake, Tho Amy W"^ Thornburgh Kecorded Octob'. y^ first Anno Dom : 1700 Henry Wigington. D^y Secred''y James Moore Esq"". Governo''. of all that part of y« Province of Carolina that lyes South and West of Cape Fear, And y^ rest of y« Lords Proprieto'^^ Deputies. . — To Henry Wigington Esq^ GreetingX Wee y^ said James Moore and Lords Proprieto", Deputies for y^ better & more Speedy dispatching of Publick Business Have thought fitt to Comissionate & Impower you y^ said Henry Wigington, and wee Do hereby Comissionate & Impower you so long as you shall Continue Deputy Secretary or dureing our Pleasure, to Administer Oaths for y^ Proveing of any Papers Writeings & Matters, which are to be recorded in y^ Secretarys Office. And further to Administer Oaths relateing to all Publick lustrum'* — : of Protest which are to be Attested & Manifested by you y^ said Henry Wigington In Testimony whereof wee have hereunto Sett our hands & Seals this twelfth day of Sep- tember— Anno D". 1700— James Moore Esq"". Governor of that part of y^ Province of Carolina that lyes South & West of Cape Fear, And y^ rest of y*= True & Absolute Lords & Proprietors Deputies To Henry Wigington Wee reposeing Special Trust & Confidence in y« ability. Care Prudence & fidelity of you y^ said Henry Wigington by Virtue of y^ Power & authority to us derived Have Ordained, Constituted and Appointed and by these Presents Do Ordain Constitute & appoint you y^ said Henry Wigington, Notary & Tabellion Publick of that part of y^ said Province of Carolina that lyes South & West of Cape Fear Giveing & by these Presents 143 Granting unto you y^ said Henry Wigington full Power & authority to do, Perform & Execute all Acts Matters & things whatsoever within y^ said part of y^ said Province which to y* Office of a Notary & Tabellion Publick doth in any wise aper- tain & belong in as large & ample manner to all Intents & Pur- poses as any Notary & Tabellion Publick of any of his Majesties English Plantations in America may Lawfully Do, To have & to hold y^ said Office of Notary & Tabellion Publick together with all fees, Perquisites, Priviledges & Immunities whatsoever belonging to y^ said Office dureing y^ Lords Proprieto''^ or our Pleasure, Given under our hands & y*^ great Seale of y*^ Province at Charles Town y^ thirteenth day of September Anno D°. 1700// Ja : Moore Robertt Daniell Edm. Bellinger Rob^ Gibbes Charles Towne October y^ first, 1700 May it Please yo"" Lordships/ On Saturday y^ Seaventh of September last dyed y* hono''''^: Proprieo^ Joseph Blake our late Governo"". The day after his Interm^ which was on Tuesday following wee yo"^ Lord- ships Deputies mett to Chuse a Governo"" to Continue so, till yo' Lordships please to give us one of yo'' own Nomination as by y^ Article of yo'' Lordships Instructions & rules of Gov- ernm*. to Coll Phillip Ludwell we are Impowred. A Copy of our Proceedings relateing to that Matter as Entered in y« Councell Book wee herewith Send yo"". Lordships. . . . On Tuesday y^ third of September last we had a great Storm of wind & rain Avhich hath done a Great deal of damage to y^ Planters as v»'ell Trade Most of y« Vessels in y^ harbour were driven ashoar or Sunk & five Avrecked, a Scotch Frigatt called y* rising Sun Mounted with 60 guns about 220 men belonging to her which from Caledonia when it was Surrendred to y^ Spanyards went to Jamaica & from Jamaica bound to Europe in y^ Gulf lost all her Masts Came & lay before our Barr of Ashley river designeing to lighten so as that she might Come into our harbour to refitt was in y^ Same Storm at Anchor broke all to Peices & 97 men with 3^^ Comander Cap' James Gibson then aboard her all Lost, Another of y^ Scotch Vessells about 400 tunn from 144 Jamaica bound to Europe disabled in y« Gulf putt into our Har- bour & is here sold to be broak up — Wee have Issued forth yo"". writts for Election of Members for a Gen' — Assembly on y^ Eighth day of Inst* October, to meet on ye 30*'^ of y^ Same wee hope wee shall have them better tempered then ye last, — — Two Indians, Slaves to two of y^ Inhabitants of this Colony, proposed to a Small nation of Indians liveing near them & within ye body of this Settlem*. to make warr upon us telling them there was a great many Nations of Indians had already Agreed & Confederated to make warr upon & Cutt off all y^ white men, This Nation of Indians Imediately discovered y^ Same to a Planter who Imprudently before he Informed yo"" Governo"". of it Came to Charles Town & there reported it in such a frightfull manner as his fear had Suggested it to him, not leaving room for any doubt of y^ Truth thereof This made such an Impression upon ye People in Gener" — . That Sever" — , out of ye Country removed their families into Town & ye people in Town thought themselves as little Safe as those in ye Country Wee took all ye Care possible to Enquire into ye Matter & find no reason to beleive there is anything in it ye peojile are now easie again. & wee have Ordered ye 2 Slaves ye first proposers of this warr to be Transported ■ — — — — — Att ye last Court of Pleas M^ Nicholas Trott in Arrest of Judgm*. to an Action brought against M""® Rhett as Adminis- trate', to M' Jonathan Amory late Publick receiv. for mony belonging to ye Publick Treasury pleaded that ye late Govern'", was nott Governo^ And did Publickly in Open Court Affront & Abuse the Judge of ye Court for w^hich y^ Judge Silenced him from Pleading any more in his Court, And for ye Pleading afores'^. ye Governo"^ & Councill Comitted him to Goal till he gave Security for his Good Behaviour to keep his Majesties Peace And to appear at ye next Gener" — . Sessions of ye Peace — The Storm abovementioned hath Carried away all ye Timber Piles weh Sett before our fort to break off ye force of ye waves from it And hath so undermined one Corner of it that it is Sunk 145 & broken away from y« rest of y^ Wall Yo"" Lordships Colony (God be thanked) is Generally healthy — Wee Wish yo"" Lordships Properity wee remain Yo"" Lordshipps most humble Servants Hen. Noble, Ja : Moore Rob. Gibbes, Ed. Bellinger ^ Cap* Averitt Robert Daniell John Earle of Bath Palatine and the rest of y^ true & Absolute Lords & Proprietor, of y« Province of Carolina — ■ To Joseph Blake Esq-- Governor of Carolina James Moore Secretary, Landgrave Joseph Morton, Major robert Daniell, Cap*. Edmund Bellinger & John Ely Esq--. Wee do hereby Impower you y^ said Joseph Blake Esq''. Gov- ^rno''. James Moore Secretary, Landg'". Joseph Morton, Major robert Daniell, Cap*. Edmund Bellinger & John Ely Esq--, forth- with to take & Inspect y^ Acco's.— of Thomas Gary Esq^ our late receiver Gener". — from y^ time of our late Governor John Archdale Esq"" his putting him in possession of y^ said Office as also y^ Accot^ ^f Janies Moore Esq'', from y^ time he was possest of that Office, & after you have Audited & Approved y^ Same to Attest each particular Acco*. in this form following Wee whose Names are underwritten have Carefully Examined y^ above Acco^^ — and approve y^ Same Witness our hands this day of The Sever'i.— Acco^s. r^^e to be Attested by y*^ Governo'' & two more of you, & in case of y« Governo-^^ Death or Absence of any three of you which shall be a rule for the future for y^ Auditing & passing y^ Acco^^ — of y^ receiv Gener". for y^ time being And in Case y*^ said Thomas Gary & James Moore late receivers Gener". neglect or refuse to give in their Accot^ to you or any three of you as afores^^. You are hereby Impowered to Appoint ye Attorney Gener". to Compell them by due Course of liaw. And for what Mony shall be received for y^ Ballance of y« aboves^. Acco^^ or for any of our dues whatsoever that shall hereafter come into y« receiv^ Gener"^ hands the said receiver 10— H. C. 146 Gener". with y« Advice & Consent of any three of you shall be hereby Impowered to make use of what part thereof shall be thought Convenient & fitt for carrying on such a Trade as to hire or build Sloops or Vessells, & send both to North Carolina & y^ Bahama Islands such Goods or Merchandize, as you shall think will be necessary for their use & our Advantage under y^ Managem*. of such ^sons as you shall approve of in Order to Prosecute y^ Instructions wee have given to our pres^ receiv. Gener". Wee do also hereby Impower you to grant & Sell land according to y^ Limitation and Instructions wee gave to John Archdale Esq"^ when Governo''. of Carolina And Whereas Edmund Bohun Esq"", is now Sent over to you with our Comission of Cheif Justice of South Carolina with fuller Power & Authority then has heretofore been granted to any ^son in that or y^ like Station so that (he Standing Single) his death or departure may bring great Inconvenience to our said Colony, You are hereby Imi^owered in Case of his Death or departure as afores'^. to appoint some other ^son under our great Seale to Supply that place till such time as wee shall think fitt to appoint another, or ajoprove of y« ^son you have so Nom- inated And in y^ mean time you are to give him y<= said Edmund Bohun all due Encouragem^ — in y^ Managem*. of his said Office & to Admitt him to all Debates in y^ Councill (but without any Vote) to y*^ end he may be fully Instructed so to Transact all Affairs in his Office as may best promote our Service & peace & wellfare of y^ People of Carolina . . . In all y^ Cases afores*^. y^ Governo"" & two more of you & in y^ absence of y« Governo"". any three of you shall be a Quroum to Execute y^ Powers granted you as afores'^. Given under our hands & Seals this 16'^ day of August 1698. Bathe Palatine (Seal) For S"" Jn° Colleton W"^ Thornburgh O Bathe for L^ Carterett O Tho Amy O W'" Thornburgh O Charles Town on Ashley river in Carolina November y^ 26. 170o! May it Please yC Lordships With this which goes by CajD* Pines wee Send a Copy of our last which went by Cap* Averitt . . . 147 The Parliam'. met on y« 30*^. day of October & on y« 16*^. of November made a Session in Avhich were Enacted y^ following lawes Viz* An Act to Enable Elizabeth Courtis to Sell land &c^. An Act to Confirm a Decree in Chancery Enabling M""^ Mary Want to make Sale of a town lott in Charles Town An Act to make Sullivants Island remarkable to Marin""^. . . . An Act to Secure y^ Provincial Library at Charles Town in Carolina. . . . An Act to lay an Imposition on Liquors. . . . An Act to raise y'^ Curr* Coyn of this Province An Act to prevent y*^ Seas further Encroachm'. upon y*^ wharf at Charles town .... In y^ last Sufficient Care is taken to finish our fort & to Mount all our great gunns & to Secure & Enlarge y^ wharf before Charles Town (which is now almost all gone) from y^ Seas fur- ther Advance upon it The Comons have appointed a Committee of their house to wait upon y« Govern'", to Advise about y^ best way of regulateing y^ Indian Trade & to prepare a Bill for y« Same against our next meeting which will be on y'^ first tuesday in f ebruary next They have appointed a Committee to Joyn Avith us to draw an Address to your Lordships to take some Care that y^ French may be removed from y^ gi-eat river Mecha Sipi . . The house of Comons at y'' beginning of y^ last Session pre- sented a Publick receiver to us for our Approbation, laid Aside their Unreasonable Bill for regulateing or rather makeing unpracticable y^ Court of Admiralty & own'd us a House The three main heads they differed with us about y« last Convention. So that wee have reason to Expect nothing from this Parliam*. but y^ Intendm^ of y*^ Publick good and a good Agreem^ of both houses The hono'^''^: Maurice Ashley Esq"" haveing appointed no Dep- uty Wee have nominated Henry Noble Esq'', his Deputy till he Shall be pleased to Nominate one under his hand and Scale, M"" Noble was y^ Lord Ashleys Deputy M'' Secretary by y*^ next Conveyance will Send yo"" Lordships Copy's of all these Acts & of all those yo"" Lordships have not already Two of yo"" Lordships Comission'■^ for y^ Sale of land being dead makes it difficult for a Quorum of them to meet as often as Occasion requires to Sign Grants — 148 If yo'' Lordships Please to Add to that Number yo*" Secretary & such other of yC Deputies as you shall think fitt, It will render the Execution of that Commission more Esie Wee are yo*^ Lordships most humble Serv^^: — Ja : Moore John Wick Edm*^ Bellinger Henry Noble Charles Town on Ashley river March. 1'^*. 1700/ May it please yC Lordships — On y^ Fourth day of February last y^ Assembly mett at Charles Town & Adjournd on this present first day of March dureing which Sessions these Sever" : Acts were made & ratified Viz'. An Act for y^ better regulateing y^ proceedings of y^ Court of Admiralty An Act for y« prevention of horses being brought &c=^ — into this province- — — An Act for y« better Settling of Pilotage An Act for y^ Promoteing y^ Currency of heavy money An Additional Act for laying an Imposition on liquors An Act to Prevent Prisoners from makeing Escapes & to Ap- point Sessions &c — An Act for Prevention of runaways deserting this Governm* The Copy of them wee will Order to be Sent yo"" Lordships by y^ next Opportunity & then write more at large Wee have Seen an Abstract of an Act of Parliam*. lately made in England for y« Tryall of Pyrates which wee desire yo"" Lordships would be pleased to Send us by y^ First Conveyance that Avee may proceed accordingly The Country is at this time very healthy Wee can Add nothing further at present y^ Ship by which this Comes being under Saile, So wishing yo'' Lordships health & prosperity Wee remane yo"" Lordships Most humble Serves — Ja : Moore Jos : Morton Pobert Gibbes John Wick Edmund Bellinger Henry Noble 149 May it please your Lordships — Landgrave John Wich Esq^ yo"". Lordships Secretary will give yo"" Lordships Copyes of all y^ Acts of Parliam*. made last Session Dureing this Session (i e) about y« twentieth of febniary last from Canada Came into this yo"" Lordships Colony four french men who applyed themselves to yo"" Goven"" what they Came for & how they were disposed of yo"" Lordships will See by y^ Order of Councell & y^ Advice of y^ house of Comons relateing to them herewith Sent yo"" Lordships, yo"" Lordships Secretary (haveing been sever", daies with them) can Satisfie yo'' Lordships in every perticular relateing to them, & why wee thought it best to lett them return back y« same way they Came On Wednesday y'^ 18. day of March last began a Gener". Ses- sion of y« peace Oyer & Terminer & Goale delivery at which were Sentenced to Death three men & one AVoman all guilty of y^ same fact one man is executed y'^ other two reprieved y^ AVoman y^ worst of all after Sentence pleaded she was with Child, & by y« Verdict of twelve women was found & return'd so one man was burn'd in the hand one man & one woman whipt — On Wednesday y^ Sixteenth of Aprill Ins', begun a Gener". Sessions of Oyer & Terminer & Goal delivery for y^ Admiralty Jurisdiction at which was Condemn'd one man of that Crew that took Cap*. Rhett he will be executed on AVednesday next Yc Secretary will let yo"" Lordships know y« Crimes for which y^ men were Condemned & y^ reason why wee reprieved some of them Aprill 21, 1701, Wee are yo"" Lordships most humble. Obedient & faithfull Serv^^:= Ja : Moore John Wick Robert Gibbes Henry Noble May it please yo*" Lordships Since y*^ Death of y^ late Govern"'. Prop"^ Blake who had Coll Gary's Acco*^ : Wee have not been able to gett them in Order to end that matter Nothwithstanding Wee have Sent for 150 them Several! times but Shall use all possible diligence to end it & to Certify our doings therein by y^ next Opportunity Charles Town 1 Wee are yo'^ Lordships Aprill y« 21. 1701 \ most humble Servants Ja : Moore Edm^. Bellinger Robert Daniell John Earle of Bath Palatine & y^ rest of y^ (Mag. Sig) True & absolute Lords & Prop-^^ of y^ Province of Carolina To the hono^'*^: Landg"". Edmund Bellinger Esq'", our receiv. Gener''. — Wee do hereby Authorize & Impower j^ou to Issue out AVarr**. under yo'' hand & Seale to such Person or Persons as are or shall be appointed for that end to make distress for & levy y^ arrears of rent which now are or hereafter shall become due to us for lands by us to any Persons Given & Granted or for which by any other pretence whatsoever are holden or Claimed for which rent ought to be paid. And you are to take care that y^ said Warr*^. & process thereon be done & made according to y^ Direc- tions of an Act of Parliam'. entituled an Act to Ascertain y^ Prices of land, y*^ form of Conveyances & y^ manner of recover- ing of rents for lands & y^ prices of y^ Severall Comodities y^ same may be paid in Witness at Charles Tow^n y^ twelfth day of July Anno 1701/ Ja : Moore Jos : Morton Rob' : Gibbes Henry Noble At the Councill Chamber Whitehall the 3Pt. day of July 1701/ Present — Their Excellencies the Lords Justices — L'i Arch Bp : of Canterbury M"" Secretary Vernon Lord Keeper — Duke of Somersett Earle of Oxford Lord Chamberlain Earle of Ranelagh Lord Godolphin Lord President M-" Secr-^'y Hedges Lord Steward M"" Chanc". of y« Excheq^ M'" Vice Chamberlain S'' Henry Goodrick 151 Upon reading this Day at y« board a report from y^ r* hono'''^: y^ Lords of y^ Privy Council, appointed a Comittee for hearing of Appeals from the Plantations, Dated y^ 29'^. of May last past in ye words following Viz* — The Lords of y^ Comitte haveing in iDursuance of his Majesties Order in Council of y^ 22*''. of this month. Considered y^ Petition & Appeal of Benjamin Nicoll, John Cross, Patrick Walsh & Giles Been of London Merch^^ Owners & freighters of y« Cole & Been Gaily & her Cargo from a Sentence of y^ Court of Admiralty in Carolina given y^ third day of January 1699, whereby the said Gaily & her Cargo were Condemned on pretence of not haveing a Register or Certificate in form, according to a late Act of Par- liam*., made in y^ 7"^ & 8^^ years of his Majesties reigne, Entituled An Act for j^reventing frauds & regulateing abuses in y«= Planta- tion Trade, and haveing heard the Parties Concerned in y« said Appeal, by their Council Learned, Their LordP^ agree humbly to report their Opinion, that y^ said Sentence given in y^ Court of Admiralty in Carolina y'^ 3'^'i day of January 1699 for Con- demning ye said Cole & Been Gaily & her Cargo be reversed by their Excellencys the Lords Justices in Councill, and all Issues thereupon Declared Null & void. Their Excellencys y^ Lords Justices in Councill are pleased to Approve of the said report & to Order that y^ Sentence of y*^ Con- demnation given in y^ Court of Admiralty in Carolina the third day of January 1699 against y^ said Cole & Been Gaily & her Cargo be, & y^ said Sentence is hereby reversed & Sett aside & all Issues thereupon Declared Null & void — Whereof y^ Gov- erno"- & Councill of Carolina & all others whom it may Concern are to take Notice & to govern themselves herein accordingly. John Povey Read in y^ Councill & recorded y^ Eighth day of January Anno 1701 ^ Edward Moseley Cler. Cone. May it please yo^ Lordships/ The Parliam<^ which wee Called to meet and Sitt on y^ thir- tieth day of October 1700, and which by Prarogation and Ad- journmts. was Continued to y^ Eighth day of January 1701. did then Contrary to the Orders and Advice of yo*". Lordships Coun- cill, adjourn it Self to the first AVednesday in September follow- ing which was but about Ten dales before y^ time y^ Parliam*. 152 was to be Dissolved by y^ Biennial Act, This their Adjournm*. in such manner wee Conceived to be against yo"" Lordships pre- rogative as well as a great Argum*. that they did not incline to meet again to do business, and if they had, they had not left time enough to do it in Wee therefore after haveing taken all pos- sible methods for secureing yo"". Lordships prerogative did Dis- solve that parliam*. by Proclamation and in y^ Same did call another to meet & Sitt on y^ first day of Aprill last which did so and after haveing recommended to their Consideration y^ things wee thought necessary for y^ Safety of yo"". Collony y^ house fell into violent heats about Elections & neglected y^ business wee Called them for, wee thought fitt as y^ best means to Cool those heats to prorogue y^ Parliam^ to y^ thirteenth day of this month, which then mett. and fell into heats about Elections again. So that by y^ Contrivance of some of their members twelve of y^ members Chosen for Berkly County and two of y^ members for Colleton County as wee are informed were objected against as nott duly elected or qualified, the debate of this putt y^ house in y^ same ferment as before. The two Contending parties are so equall that wee have little hopes this will be ended in little time, to allay these heats again and to give y^ members of the house time to reflect of what danger y*^ preferrence of these to Careing for the publick Safety may be wee have again prorogued the Parliam*. to y^ third day of next June/ Haveing formerly written yo"". Lordships of y^ Suspending M"". Nicholas Trott from his Offices and not haveing reced. yo"". Lord- ships pleasure Concerning and haveing reced an Adress from y^ house of Commons to restore him to his offices wee have out of respect to y^ Commons restored him accordingly/ The first time y^ Parliam^ mett & Sate after y^ Certain advice of y« Death of y« late King James, S"". Nath Johnson Came into y^ Upper house of Parliam^ and after haveing taken y^ Oath of Allegiance to King William & y^ other Oaths by Law required took his place as one of y^ Cassiques of Carolina & hath ever since Constantly attended y*^ house/ Wee have no mounted all our Great Guns in Charles Town wee have finished att each end of y« two great Streets a Batterie and have now gott y^ Order of both houses for pileing them and y^ 153 Great Batterie to defend them from y^ Force of Storms Yo^ Lordships Colony is very healthy & Flourishes in Trade • Wee Edm'^ Bellinger Ja : Moore Alex^ Parris Rob Daniell Geo : Dearsley Rob Gibbes Henry Noble Duplicate S"^ Whitehall y^ 7*^. May, 1702/ The Queen haveing been pleased to Constitute me one of her principall Secretaries of State It is necessary I should Inform you of it, that for y^ future you may direct to me such Letters as relate to her Majesties Service, and I Desire you from time to time to acquaint me with such things as Occurr in yo'' parts/ And I am Comanded to acquaint you that her Majestie has declared Warr against France and Spain as you will See by y^ Enclosed Declaration, and to Signify her Majesties pleasure to 3^ou, that you Cause it to be proclaimed in the places under yo'. Governm*. that her Subjects haveing this Notice may take Care to prevent any Mischiefs, which otherwise they might Suffer from y^ Enemy, and do their duty in their Severall Stations to Annoy y*^ Subjects of France and Spain/ I must also acquaint you that the Emperor and y^ States Generall of y^ united prov- inces have also declared Warr against France and Spain — I am Your humble Serv'. Lords Prop"^ Carolina/ Nottingham, For y^ r*. hono'. y^ Lords Prop^ of her Majesties Province of Carolina and of her Majesties Colony of y*^ Bahama Islands in America Carolina Entred November y^. 26. 1702/ Edw: Moseley. C. Con. S". S'. James's May 8*^. 1702/ Wee have just now received her Majesties Comands Signified to us by y^ Earl of Nottingham her principall Secretary of State for declareing Warr against France & Spaine — Wee do therefore Order & Direct you to declare Warr accord- ingly against France and Spaine, and that you do yo"". Duties in yo''. Severall Stations, to Annoy y^ Subjects of France & Spain and to preserve & defend our Collony from y^ Enemy — 154 Wherein wee Can be Serviceable to you pray send word & all necessary Care Shall be taken for your Security Wee hope before this you have received our Orders for the Proclaiming the Queen. Wee are Yo"^. most Affectionate & Loveing friends J Granville Palatine Craven J. Granville for L<^. Carterett M. Ashley Jo. Colleton To James Moore Esq''. Gov"", and to our Deputies' in Council att Charles Towne in Carolina America Entred Nov. 26. 1702 Edw : Moseley C. Con S"". Carolina from y« Councill Board att Charles Towne Nov. 26. 1702/ Haveing reced. a packett from y^ bono''. S''. Nath'. Johnson directed to yo'. Excellency, Wee thought fitt (notwithstanding y^ Imbargoe on so' Extraordinary Occasion as ours is) to lett Cap^ Smith depart with it for y^ Speedy Conveyance of it to yo"". Excellency haveing good reason to beleive that alwaies but more Especially at this time her Majesties affairs & dispatches to her Gov""*, in America are of great Importance, Wee Cannot doubt but yo"". Excellencys Zeal for her Majesties Service will amongst others give ours y^ like furtherance, Yo"". Excellency will under- stand that our Govern^ is Master of y^ Town of St. Augustine, and wee hope by this of y^ Castle also, If so & wee should En- deavour to keep it till her Majesty should send a Garrison thither Some reinforcem'. from yo"". Excellency would be very Season- able, & wee doubt not well accepted of by her Majesty as a Loyall & good Service, neither have wee any reason to doubt yo"". Excel- lencys desire of an Opportunity to Show j^o"". Constant readiness Wee are yo"". Excellencys humble Serv*. Edmd Bellinger, Alex'. Parris. Henry Noble, Kob*. Gibbes To his Excellency Benjamin Bennett Go"", of Bermuda John Earle of Bathe Palatine and the rest of the True and absolute Lords and Proprietors of the Province of Carolina/ To John Wick Esq-"^ Wee being well assured of the Wisdome Prudence and Incerity of you the Said John Wich have thought fitt and doe by these Presents & dureing our Pleasure Constitute and Apoint 155 you the Said John AYick Secretary and Register of that part of our Province of Carolina that lyes South & west of Cape Fear hereby Authorising you and Giving you full power to be present at all meetings of the Palatine Court and Grand Councill and Also to Keep an Exact Register of all their Acts & Orders and Alsoe to Receive from the Surveyor Generall all Certificates of Land by him layd out and Surveyed according to y^ warrants Issued out by the Person or Persons Wee have Impowered or Shall hereafter Impower to grant Such Warrants and to draw up Such Lease or Leases Conveyance or Assurance of land as by Our Instructions is or Shall hereafter be directed which being Signed and Sealed by the person or persons wee have or Shall Hereafter Impower So to doe You Shall Carefully Inroll the Same with power to doe and performe all other Acts and things that have been Usually done in that part of our Province Afore- said by the former Secretarys and Registers & to Take all Such fees and prequisits as to the Office of a Secretary & Registor do belong and Wee doe hereby Repeale Revoake and make null and Void all former Commissions for the Said Office Given under our hands and the Great Seale of our Province this in the Year of our Lord One thousand Seaven hundred Bathe Palatine Craven Bathe for the Lord Carteret M'- Ashley Instructions for John Wick Esq'"= Register and Secretary of Carolina/ You are to take into your Custody all those Records that have been us'^ — to be kept by the Secretarys there You are also to See if the Severall Instructions from y^ Lords Proprietors to the Severall Governours here been Recorded And if they are not You are forthwith to Record them as alsoe all their publique Letters to their Governours or Government All which things are to be Entered in a Book kept for that Use only And You are likewise to Copy in the Said Book all Instructions Letters and Orders that Shall hereafter come from y« lords Proprietors to the Governour or Government there And alsoe to Note downe in ye s^ Booke y^ time when y^ letter or Order was Read in the Palatines Court or Generall Assembly. 156 You are alsoe in a Booke for that Use provided Exactly to Register All Orders or Judgments of the Councill or Palatines Coui-t and in Another Booke All Acts and Votes of y^ General] Assembly of all which you are to Send Copyes to Us Signd by your Self by every Ship that Comes to England or by way of Barbados or Virginia and to Send Duplicates thereof. You are in a Booke for that Use provided to keep exact Register of all Warrants Issued out to the Surveyor Generall for y^ Admeasuring out of land to Any person that comes there to plant and the Surveyor Generalls Retorne you are to Enter against y^ Said Warrent And in the Warrant to the Surveyor Generall you are to Incert y'^ Names of the persons Impoi-ted into Carolina for which Said Land is Granted Copyes of which and of the Surveyor Generalls Returne you are constantly to Send to us that Wee may See now our Land is disposed of. You are to put our Seale for that Use provided to Such Grants of Land as are past According to our Instructions for granting of land and not otherwise. You are every Three Months to give Us an Accompt of what Ships Arrives in Carolina and from whence y^ day of there Arrivall and Departure how many persons came in Each Ship how Many of them are Servants to whome those who are Ser- vants belong And you are with y^ Entry of P]very Shijj to Reg- ister y^ Names of y*^ Passengers taking Notice who are ffree and who are Servants and to whom y^ Servants belong of which you are to Send Us Copyes when you Send Us the Accompts of y^ Ships that Arrive & depart And j^ou are also to give Us Accompt Avhat Number of persons and y^ Names of those that leave y^ Province and in What Ships. You are not to make out a Warrant for land to any for persons ImpoAvered untill you have Shewed them y^ fforme of y*^ Inden- ture by w'^'^ wee grant land and let them know y'^ termes on which they are to hold it from us and taken their jDromise to Signe and Seale the Counterpart And if any Shall Scruple to Signe y^ Counterpart & you are to make Out no warrant to them Untill they Shall Engage to Signe the Counterpart of the Indenture Aforesaid./ In all warrants for land for persons Imported you to to Incert y^ Names of the persons for which it is become due & in what Ship each person was Imported Copys of all which Warrants you are to Send Us every Three Months/ 157 When you make out warrants for land to Any one for Per- sons Imported you are to marke y^ Names of those in y^ Register of persons Imported for whom it is granted with a Cross that it may Appear land is already granted for them and thereby y^ Granting land twice for y^ Same persons be Avoyded/ And our Will is that for j'our paines therein and better Sopport in the discharge of your Office and for your Attending y^ Coun- cill a Salary of fforty pounds ^ annum be paid you half yearly out of the publique Treasury of Carolina by our Treasurer for y^ time being to Comence from y^ time of your Entrance on your S"^ Office Given under our hands and Seals this 26*^ day of July 1700 Bathe Palatine O Craven Bathe for y^ Lord Carteret M Ashley After Our very hearty Comendations It haveing pleased Allmighty God to take to his Mercy out of this troublesome life Our late Soveraign Lord King William the Third of most blessed memory and thereupon her Royal Ma*'^. Qeen Anne being here Proclamed Wee have thought fitt to Signify the Same unto you with Directions that you cause her most Sacred Majesty to be proclaimed within her Ma''" Province of Carolina according to y^ forme here Inclosed with the Solemnitys and Ceremonys requisite on the like Occasions and Wee doe further Transmitt unto you her Ma*'^^ most gracious Proclamation Signifying Her Ma''" pleasure that all men being in Office of Government at the Decease of the late King Shall so Continue as dureing his Late Majestys life Avhich wee doe in like manner Will and Require you to cause to be Proclaimed As soone as may be in the Cheif Place or Places within your Government and So not doubting of your Ready Complyance herein V/ee bid you very heartily fare- well from y^ Councill Chamber at S* James's the 1V^=^ day of March 1701/ Yoi". LordsPP®. very Loveing ffriends — N. Wrighters/ Somersett P/ Manchester Burlington Scarbrough H. Boyle Ja Vernon Scarbrough John Povey Lords pp" of Carolina/ 158 Wee here inclosed Send you a letter we have Received from the lords of her Majesties Councill for y^ Proclaming the Princess Anne of Denmarke Queen of England Scotland France and Ire- land and the Dominions thereunto belonging Avhich you are to Take Care to See performe & be Done in Carolina with all Con- venient Speed & with all Usuall and due Solemnity/ Wee are likewise Upon this Occasion to Give you Assurance of her Majesties Especiall Care and Protection not at all Doubting but you will Endeavor to render your Selves Deserving of her Royal flavor by Doeing all things on your parts that are Neces- sary for your Security and Defence in the present Conjunction. And you are not to Faile of Giveing us an Account of the Per- formance of what is herein Injoyned you by the first Oppertunity Wee rest Your Affectioned Friends J G Palatine Craven J Granville for y'^ lord Carteret M Ashley Jo: Colleton The Right Hon^'e— John Granville Esq-". One of her Majty^^ — most Honbie — Privy Councill Palatine, y« Right Hon^'e — W" — Lord Craven The Hon*''^ — Jn°. Lord Carteret the Hon^'e — Maurice Ashly Esq-", and S^ Jn°. Colleton Barn^ & ye rest of y^ true & absolute L'^^ prop"^*. of Carolina in America/ To James Moore Esq'^ — To all to whom these p''sents Shall come Greeting Know yee that wee doe hereby dureing our pleasure, appoint, Constitute, authorize & impower you the Said James Moore To be receiver Gene''.all of y* part of our province of Carolina that lyes South and west of Cape ffeare and also to be on our behalfe & to our use Receiver of all our moneys & dues whatsoever and of all our rents in y^ part of our province aforesaid with full power and authority in our names to ask Demand Sue for Levy Require Recover Distrain for & Receive the Said Rents and dues and to give acquittances and other discharges for us & in our names for Such Sumes as y". Shall receive by vertue of these p^^sents, and to doe and act all other thing and Things whatsoever that we oui Selves might Legally doe in order to the recovery of y^ S^. rents & Dues as well in arrear or y^ Shall become Due before our 159 Repealing or Vacating this p''sent Com°" : by Some writing under y^ hand of y^ Pahitine & Two or three more of y^ Lords Prop""^ — and y^ great Seal of our province Published and recorded in y^ Secretarys office there and for what rent & dues you Shall receive y" are to be Accountable to us, and dispose of the Same as y". Shall be directed by us And wee doe herebj^ revoake and make null & void all former Como"^ — Granted for y^ S'^. office Given under our hands and the great Seal of our province This Eighteenth day of June Anno Dom : 1702 J Granville Palatine. Craven, J Granville for Lord Carteret. J Colleton (Seal) Entred this 3^. of ffeb'-y 1702/3 J Barnwell : C : C : The Right Hon'''*— John Granville Esq"". One of her Majty«— most Hon^i'^ — Privy Counsell Palatine y^ Right Hon^ie — W" — Lord Craven the Right Hon^ie— Jn° Lord Carterett The Honbie_ Maurice Ashly Esq^ S^ Jn°. Colleton Barn^ and y^ rest of the true and absolute Lords and Proprietors of Carolina in America. To Job Howes Esq"". — Wee out of y*^ trust & Confidence wee have in y<= wisdome Prudence and Ability of y". the S^. Job Howes Doe hereby Con- stitute, authorize & appoint y". the S*^. Job Howes to be Surveyor Gen'^all of y^ part of our province of Carolina that lyes South and west of Cape Ifear and therein to doe Execute & ^forme all things whatsoever which belongs to the S"^. office of Surveyor Generall together with all ^quisits & Proffits belonging to y« S*^. office and we doe hearby make null & voyd all former Com°"s — granted for the S*^. office. Given under our hands & the Great Seale of our S*^ — Province this Eighteenth day of June Anno Dom 1702. J: Granville — Palatine — Craven J Granville for Lord Carterett J Colleton Entered 3^. ffeb>-y— 1702/3 J : Barnwell C : C : The Rio-ht bon'blp .Tohn Grnnville V^n^ : One of her Maiesties mr>st hon'''^. nrivv Conncell Pnlntine. Guar- dinn fo the ^^^rrhf Hon^ie — .Tohn Lord Carterett One of the frve and absolute Lords nroiT"^ — of the province of Carolina To Thomas Brouffhton Esn"". Whereas it i<= annoinfed bv a'^ Lords prop", of Carolina in their fnndamentall constitutions and rules 160 of Governm*. That each of the Lords prop". Shall name a deputy to be his representative in the generall Assembly and Councill of Carolina I out of y^ trust & confidence I have in y« prudence wisdom & loyallty of you y^ S'^. Thomas Broughton to be a Dep- uty for the S*^. Jn°. Lord Carterett dureing my pleasure In y^ part of our province of Carolina that lyes South & west of Cape ffear w*^. full power to act & exercise all Such powers & author- ities as to a Lords prop". Deputy doth belong And I hereby make null & void all former Comissions for y« S'^. Deputiship Given under my hand and Seal this Eighteenth day of June 1702 Entered y« 4*'^. of J Granville for Lord Carteret O March 1702/3 ^ Jn°: Barnwell Cler. Cone The Right Honb'e— Jn". Granville Esq^ One of her Majesties most hon'''^ — Privy Councill, Palatine the Right Hon^ie. W"^— Lord Craven The Right Hon^e— Jno. Lord Carteret The Hon'ble Maurice Ashly Esq''. S"". Jn° Colleton Bar^ and the rest of the true and absolute Lords & prop'^\ of the province of Carolina in America To our trusty and Well beloved S"". Nathaniel Johnson Knight Governour of South and North Carolina Wee the Said true and absolute Lord & prop", of the province aforesaid Reposeing Special trust and Confidence In the Courage loyalty & prudence of y". y''. S'^. S"". Nathaniel John- son Doe hereby Constitute & appoint y" Dureing our pleasure Governour of our whole province of Carolina & y". are to doe & execute all things in due maner & forme y'. Shall belong to YoTU' Comand or y'^ trust wee have reposed in y". according to the Severall powers Granted y". by this p^sent Comission Wee do hereby farther Impower Constitute & Appoint y". our S"^ — Governour to be Admirall Captain Generall & Comander in Chiefe of all tlie forces raised or to be raised both by Sea & land within our Said province & over them to appoint a Lieutenant Generall or Lieutenant generalls vice admirall or Vice- Admiralls both in South & North Carolina and w^e doe hereby ffarther Impower y". upon all occasions dureing yo"". abode in america to Constitute a Deputy or Deputy Governours both in 161 South & North Ccarolina clureing Yo''. pleasure and to Constitute & appoint all & Slar offices in and for the Governm*. of our S^. Province dureing yo"". pleasure & y^ pleasure of us the Lords Proprietors Wee doe hereby Impower y". in case of yo"". departure att any time from. Carolina to England to appoint & Constitute a Deputy Governour or Deputy Governours both in South & North Carolina w^^^ Such powers as you Shall think necessary Provided y^ Same be agreeable to & doe not exceed those by us granted to yo''. Self Wee do further give y". full power & authority w*^. y^ advice & Consent of any three or more of our deputies to grant & Sell Land in ffee reserving twelve pence for one hundred acres ^ annum as an acknowledgm*. and to Settle y^ quitt rents by pattents or Indentures and by Such a Method as y". our Govern'', w*'^. any three or more of our Deputies Shall think fitt Soe as when money Canot be had a treu value may be Settled in y« best of Such Comodities as y« Country is Capable of Produceing Wee doe farther Impower y". to Escheat Land & afterwards to lett it for rent or Sell y^ Same and we doe hereby farther Impower y". our Said Govern"", by & w^'^. y^ advice & Consent of our Councill & Generall assembly of our Province or any part thereof wherin there is a distict Govemm^ to alter any former Lawes y*^ Shall be thought fitt to be Changed, And to enact all Such reasonable Lawes & Statutes for y^ better Governm^ of our S^. Province as you w*^. y^ advice & Consent of our Gen- erall assembly Shall think Expedient Provided y« S'^. Lawes be not Contrary to y^ powers granted to us in our Charter from y^ Crowne and as Near as Possebly agreeable to y^ ffundementall Constitutions Excepting in wdiat relates to Jurys wherein we have already Given directions and we doe hereby repeale & make void all other Comissions Given by us to former Govern"^® — of our S*^. Province Given under our hands & y^ Great Seal of our province this Eighteenth day of June An°. Dni 1T02 J Granville Palatine, — Craven — J Granville for Lord Carterett (Seal) J Colleton Att the Court att S^ James the 2^. day of July 1702./ P'-sent The Queens most Excellent Majesty in Councill Upon reading this day att the board, a Representation from the Lords Com''^ of trade & Plantations, Setting forth y* they are given to understand by a letter from the Lords prop""®, of Carolina 11 — H. c. 162 y' they had appointed S"". Nathaniel Johnson to be Govern'', of that province for \\^^. y^ S*^. Lords prop"^^. humbly desire her Maj''^* — Approbation according to an act of Parliam*. in y' behalfe & y^ S'^. Lords Com", humbly offering to her Maj^y. y* they find y^ Caracter of S''. Nathaniel Johnson to be Such as to deserve her Maj''^ — approbation in Case he doe qualify himself as y^ law requires her Maj^y. in Councill is thereupon pleased to declare her allowance & royall approbation of y^ S*^. S' — Nathaniel Johnson to be Govern'', of y^ province of Carolina according to y*^ Nomination & approbation of y« S*^. Lords Prop''®. Provided nevertheless y*^ y'^ S^. S"". Nathaniel Johnson do qualify himself for y*. trust in Such maner as y^ law^ requires as is pro- posed by y'' S'^. representation and y*^ he do give good & Sufficient Security y' he Shall duly observe y^ acts of trade & obey Such Instructions as Shall be Sent to him from her Maj'^. or any acting under her Majt'^® — authority and y^ S'^. Lords Com''^ of trade & plantations are to take Care y^ good & Sufficient Security be given by the Said S''. Nathaniel Johnson accordingly/ Entered March 5^^ : 1702/3 John Povey ^ Jn°. Barnwell C. C. The R^ HonWe— John Granville Esq-", one of her Maj''^^— most hon'^'e. privy Councill Palatine the R*. Hon^e — William Lord Craven the R*. Hon^e — Jo". Lord Carterett the Hon^'*^— Maurice Ashly Esq''. S^ Jn°. Colleton Bar'^^ — and y^ rest of y^ true & absolute Lords & prop''^ of y^ Province of Carolina in America./ To Nicholas Trott Esq^ Wee Reposeing Especiall trust and Confidence in the Ability Care prudence & fidelity of y". y^ S^. Nicholas Trott Have ordain'd Constituted & appointed & by these p'^sence Do ordain Constitute & Appoint y". y^ S^. Nicholas Trott by y^ name & Stile of Chief Justice or Judge of y' part of our province of Carolina that lyes South and west of Cape ffear To have hold & Determine all pleas As well Civill as Criminall & those relateing to the publick revenues & all other pleas whatsoever ariseing & happening wt''.in the S*^. part of our province of Carolina Give- ing & hereby granting unto y" y^ Said Nicholas Trott full power & Authority to do ^form & execute all acts Matters & things whatsoever w^^ — in y^ S^. part of our province of Carolina Av^h. to v^ office of a Chief Justice doth in any wise apertain or belong 163 & in as larg & ample maner to all Intents & purposes as any Justice or Barron of any of y^ Courts of Westminster or any of y" English plantations in America or as any Justice of Assize or Comissioners of Oyer & Terminer & Goale Delivery in y^ King- dom of England or in America may or ought to ^form & Exe- cute To have and to hold the Said office of Chief Justice in y^ S'^. part of our province of Carolina Together wf' — all ffees, ^quisitts, priviledges liberties Imunities & Causalties belonging to y^ S'^. office Dureing our pleasure And we doe hereby require & Comand all our officers & all other ^Sons whatsoever in any wise Concerned to take notice of this our Grant and give all Due obedience to y", y« S"^. Nicholas Trott in y^ execution of y^ Sev- erall powers herein granted you as they will answer the Con- trary att their Perrill, And we doe hereby revoake & make null all former Comissions Granted for y^ Said office Wittness S"". Nathaniel Johnson Knight our Governour & our Deputies And Given under the Great Seal of y« Province of Carolina this ffifth day of March In the year of our Lord One thousand Seven hundred and two/ Ja : Moore ( mag ) N Johnson Jos : Morton ( Sigill ) Rob*. Daniel Tho : Broughton ( Carol ) Henry Noble read in Councill and Entered March 5*^. 1702/3 ^ Jn°. Barnwell C : C : Johanes Comes Bathe Palatinus Carolina? reliquique ejusdem Proviincse PIroprietores Salutem, Cum Serenissimus Princeps Carolus Secundus nuper Dei Gratia magna? Britannise Francicse et hiberina^ Kex fidei Defensor exspeciali suo favore Dedit et con- cessit nobis unacum Provincia Carolina Potestatem Gradus Status Titulorumq Dignitatum et honorum Ibidem constitueendi et eri- gendi virosq benemeritos ad eosdem Gradus evehendi jisq Titulis cohovestandi Omandiq Cumq regiminis forma a nobis Stabilita et in perpetuum a nobis et sucessoribus nostris obser- vanda Constitutum sit ut certus sit Landgravorum et Cassiquorum numerus qui sint perpetui et Hereditary nobilis Proceresq Pro- vinciae nostrse Carolina Cumq eximius vir Robertuo Daniel magna sua prudentiii et industrea magiio erit adjumento nobis virum Do nobis tambene meritum remunerare volentes Land- gravum constituimus Sciatis igitur quod nos ut monumentum AOternum gratife nostrse ett illius meritorum dictum Robertum 164 Daniel ad statum Gradum stiliim dignitatem titulum et honorem Landravi Ereximiis pra^ficimus et creavimus Ipsumq Robertum Daniel Landgrayintenore pra?sentium Erigimus prsefacimus et Creamus Eidemq Roberto Daniel nomen Statum Gradum Stilum Dignitatem titulum et honorem cum quadra ginta Octo Mille Ingeris terrse Alijsq priviledgijs eidem dignitati pertinentibus et in a?ternum Imposuimus Dedimus et prsebuimus et per presentes pro nobis Han-edibus et Successoribus nostris Damns Imponimus et praebemus Habendum et tenendum eodem nomen statum Gra- dum Stilium dignitatem et honorem Landgravium cum praedictis terris Singulisq Juribus praeeminentijs iDrivilegijs et immunitati- bus eidem dignitati pertinentibus prsefato Robert Daniel X X X X et ha?redibus suis secundum tenorem fundamentalium nostrarum constitutionum in perpetum Volentes atper presentes concedents pro nobis hteredibus et successoribus nostris quod praedictus Rob- ertus Daniel et haeredes sui prsedicti nomen statum Gradum Stilum dignitatem titulum et honorem Langravi successive ger- rant and habeant tarrasq praedictas possideant et eorum quilibet gerat habeat et possideat et per nomen Landgravi vocenturet nuncupenter et eorum quilibet vocetur et nuncupetur quodq. Idem Robertus Daniel et hteredes sui praedicti successive Land- gravi in omnibus teneantur et ut Landgravi tractentur et repu- tentur et eorum quilibet teneatur tractetur et reputetur habe- antq teneant et jjossideant et eorum quilibet habeat teneat et possideat praedictas terras Solventes inperpetuum pro quilibet tractue terrae Centum jugera continente Duodecem denarios bonae et Legalis moneta Angliae annuatim nobis et haeredibus nostris que solutio Juchoanda est sub finem bienny post ejus et illius Occupationem Nee nondictus Robertus Daniel et haeredes sui predicti Gaudeant et utanter et eorum quilibet gaudeat et utater nomen Landgravi omnibus et singulis Juribus privilegijs praeeminentijs et inununitatibus statui Landgravi in omnibus rite et Jure pertinentibus Incujus rei Testimonium has literas nostras submagno sigillo nostro Carolinae. fieri fecimus Datum Manus uras duodecimo Die Augustie anno arae Christianae Mil- lessimo Sextentesimo Nonagessimo Octavo :/ Bath ( magno ) Palatine Craven M Ashley ( Sigillum ) ( Dominor ) ( Caroli ) 165 Tho : Amy Bath for L^ Carteret, W'"— Thornboroiigh AV«^ Thornboroiigh for S^ Jn°. Colleton Recorded 17*"^. June 1703 ^ Jn°. Barnwell Cer Cone. Instructions For Job Howes Esq"" our Surveyor General of South CarolinaX Wee herewith Send you a Comission to be our Serveyor Generall of that part of our Province of Carolina That Lyes South & west of Cape Feare w^^^ — Comission you are to show to s''. Nathaniel Johnson our Govern''. & Councell & Record y« same Our Governour is to Cause to be Delivered to you all such Pub- lick Papers Books. Scheams, Records and Instructions for Sett- ing out Land that used to be kept by the Respective and Succes- sive surveyors Generall or their Deputies all which you are to take to yo^ Charge & y^ Rules therein Carefully to Observe Wee Require That you Give not Possession of Land by you or your Deputies Surveyed to any Person nor to Suffer them to have a plott thereof or any Certificate of yo"". survey, nor are you to make any Record thereof untill they have first signed y^ Coun- terpte of y^ Indenture for the Grant thereof But y« Plott of y^ Land by you surveyed and y^ Certificates are by yourselfe to be given to our Secretary for y^ Enabeling him to make out y^ Grants & which Plott & Certificate are by him to be kept & not given to y^ party for whome y^ Land is Run out untill y« party Concerned hath Signed y« Counterpart of y^ Conveyance accord- ing to ye forme by us Directed in our former powers or Rules for Granting Lands — You are alsoe to make Due Entryes and keep a true Record of all Lands that you shall sett out. You are as soon as you can Conveniently Gett it Ready To transmitt to us Particular accompts of the Lands Taken up number of acres Qiiitt Rents and Rents Reserved for Land Sold & soe to Continue to Doe of all Lands hereafter Taken up and to mention where houses are built upon y'^ same Given under our hands & seals this Eighteenth Day of June Anno Dni 1702/ J Granvill ' O Record May 1^*— 1703 Craven O J Granvill for L^ Carteret O ^ M Ashley O Jn°. Barnwell C : C : J Colleton O Instructions for James Moore Esq"", our Receiver Generall of South Carolina/ Wee liereAvith Send you a Comission to be Receiver Generall of all that Part of our Province of Carolina that lyes south and west of Cape Feare to Receive to our use all Dues Rents Fines and forfeiture that of Right belong to us which Commission you are to Shew to the Govern'". & Councill & Record the same You are to Informe yo"". selfe by all means you Can what Times have Been Sett upon any Person for misdemeanours in any of our Courts and to receive y^ same to our use and in Case of Denial! of Payment to use all Lawfull meanes for the Recovery of y^ same You are to take into your Possession our share of wrecks Ambergreen and all such other things as of right belong to us Whatsoever you shall Receive in Goods and merchandize that are proper and fitt for this markett you are to send them to us by y^ first ship Bound for London You are to use all possible Diligence to Informe your selfe of all Lands that have been Granted to any Person what ever in that part of our Province in which you are to observe these Particulars Viz*/ How much Land each person Dos possess by what Rent each Person Dos hold whither by Twelve pence ^ Cent or peny ^ acre what any Person is in arreare and if above twelve months To order our attorney Generall to Sumonce them & on failure of Complyance to proceed X X X to Prosecute them for the Recovery of y^ same all which you are to forme into a Regular Rent Roll & Regularly to enter into yo"" roll Book all land that Shall hereafter be Granted & to Transmitt a Copy thereof to us once every year. X X X X X You are out of our moneys Dues & Rents you shall Receive as afores^. to pay to y^ Govern"", for y^ time being two hundred pounds to y« Chief Justice for y^ time being sixty pounds To the security for y«= time being forty pounds to y^ attorney Generall for y^ time being Forty pounds by Even Quarterly payments beginning from y^ time of their Entrance upon their respective offices the rest of wdiat you receive you are to dispose of as you shall from time to time be Directed By us you are to take yo"". selfe after y« Rate of Tenn ^ Cent of all moneys Goods and merchandizes of ours you shall receive Dis- pose off according to our order 167 yoii are to present your accompts to y^ Govern'', and two of our Trustees once every three months and oftener if required to be approved off by them according to y^ forme Prescribed in our order to y^ Govern''. & Trustees and allways to Transmitt them to us by y'^ next ship In all y^ aforegoing matters And what ever is of Consequence you are to take the Direction and advise of y^ Govern''. & two att Least of the trustees & in y^ absence or death of y^ Govern'', of the three trustes Given under our hands & seales this Eighteenth day of June Anno Dni. 1702. J Granvill O Eecorded y^ first of May 1703 Craven O ^ Jn°. Barnwell C : C : J Granvill for L^. Carterett O J Colleton O To our Trusty and well beloved ] The R^ Hon"""^ — John Gran- s'" : nathaniel Johnson Kn^ our I well Esq"" one of her majestyes Govern'', James Moore Esq'". I most Hon'''''^ — w^illiam Lord our Receiver Generall nicholas I Craven y^ R*. Hon'^^'^ — John Trott Esq'', our attorney gen- I Lord Carteret y^ Hon'"'''^ — rail & Job Hows Esq'', our I maurice ashley Esq'' s''. . John Surveyor Genrall. X X X X J Colleton Barronet and the rest ofy^ true & absolute Lords &. Proprietors of Carolina ini ■ — America. Wee The true and absolute Lords and Proprietors of y^ Province afores*^- Doe hereby appoint Authorize & Impower you y^ s"^. s"". nathaniel Johnson our Governr. James moore. nicholas trot & Job Hows for us & in our names. Pursuant to the powers Rules Quantity Limitts & bounds heretofore Directed by our rules and Instructions for Granting of Land, and by Such forme of Deed or deed in that Case provided and thereunto annexed and on record in our s^. Province To grant & Sell & Convey Lands in fee to such Person or persons as shall Transport themselves or others into our s^.Province of Carolina und such Limitations Provises & Instructions as we have allready Given you our s'^ Governr & beareing Even Date with these presents And wee Doe hereby Further appoint authorize & Impower you our said Govern"^. & y^ s'^. James moore nicholas Trott & Job hows forthwith to take & Inspect & Accompts of thomas Cary asquire late Receiver Genrall from y^ time of our late Govern^ John Archdale Esq'^ his puting 168 him in posession of y^ s^ office as allso y^ accoumpts of James moore Esq"" from y^ time he was possest of that office as allso y^ accompts of James Eli as allso of Edmund Bellinger our Late Receiver Genrall from y*^ time he Avas possest of y^ s*^. office and after you have audited and approved the same to attest each Particular accompt in this forme folloAving Wee whose names are under written have Carefully Examined y^ above accompts & approve y^ Same witness our hands this day of And such money as shall be received, for y^ Balance of y^ afores'^ acompts you are to transmitt to us by such sepparate ships and in such Respective proportions as you our said Govern'', with y^ advice & Consent of any two more of you shall think fitt, In all y^ Cases a fores'^, any three of you shall be a Quorum to execute all and singular y^ Powers hereby Granted you as aforesaid Given under our hands & seales this Eighteenth day of June anno Dni 1702 J Granvill O Hecorded y^ first of May 1703 Craven O ^ Jno. Barnwell C: G: J Granvill for L^ Carterett O J Colleton O Instructions For S"". Nathaniel Johnson Knight our Governour of South and North Carolina X X X X X Wee herewith send you a Commission to be our Govern^ in Chief of South and north Carolina and to Record the same w*^. those Instructions In y^ Governm*. of our affairs in our said Province Committed to your Care you are to follow such Rules as we have Given in our Fundamental! Constitutions Temporary Lawes and Instructions To our former Governour and Entred upon Record in our said Province and to be Guided by the same or soe many articles thereof as shall in your Judgment seeme moste fitt to be Putt in Practice. X X You are with the assistance of the Grand Councill To Inspect into all our Constitutions and what of them you shall Thinke most Expedient for the Better Establishm^. of our Governm*. for the Good & wellfare of our People you are to Present to y'^ Generall assembly for their Concurrence & we will & ordaine That what shall be by you & our Grand Councill & assembly Soe agreed on you Cause to be Transmitted to us That the same may be Con- sidered of & ratified under the hands & Seales of us y^ Palatine our selfe and three or moore of us y« Lords Proprief®. our selves 169 before they are Published and Putt in Execution as Lawes in Carolina. ^ X X X X X Any Law Past before it hath been Ratifyed under the Hand & seale of us the Palatine our selfe and three or more of us y*= Lords prop'^ our selves under our hands & seales & by our order Pub- lished in the Generall assembly of the Landgraves and Cassiques & Delegates for the Countrye shall Cease to be a Law whenever we the Palatine & three of more of us y« Lords Prop", signifye our Discent to it under our hands & Seales. you are to Take all Inunaginable Care to see y^ acts of Trad & navigation Duely to be observed. X X X X X You are with our Trustees to use your Endeavour for y^ sell- ing of Land But to Reserve a Quitt Rent of Twelve Pence a year for one hundred acres & soe Proportionably your Price for the same neare the settelments not to be under Twenty Pounds a Thousand acres & at Two hundred miles Distance or near the mountains Ten Pounds for a Thousand acres & not under, and allso To Grant Land at a Penny an acre yearly Quitt Rent and that all Future Grants Containe a Provision to make the Land Escheate unless a settlement be made Avithin the space of Four yea res and That not above Five hundred acres be Lett to any one Person w"'.out a warrant under our hands & seales But for the Lands in Albemarle County X X you are to sell y^ same at such Rates X X and Prices as by our Instructions to our Late Gov- ernour John Archdale Es(f . You are to Cancell all our Blank Deputations for Landgraves and Cassiques you are to take Great Care That the Indians be not abused and that all means may be used to Civilize them and that you En- deavour your utmost to Create a Firme Friendship with them & to bring them over to your part for yC. better Protection & defence against y^ Enemy the neighbouring French and span- yards against whome you are to Protect our s'^ Province and we assure you of our utmost Assistance for yo''. securety. Haveing Received Letters of Complaints from y^ Commission''^ of Trade & plantatious w^'\ an Inclosed oppinion of Councill at Law against an act Past in Carolina y*^ first of March 1700/1 for ye Better Regulateing y'= Proceedings of the Court of Admiralty in Carolina & y« Fees of y^ same, as Tending to y^ Incouragem'. of unlawfull Trade Injurious to y^ officers of y'' admiralty there & differing from y« manner of Practice in y^ hight Court of Ad- 170 minilty here in England The Copy of w'^'^ Bill Transmitted us Came not to our hands or wee have not y^ same by us Therefore Wee direct you w'^'^. our Grand Assembly to Inspect into y^ same & make all y^ necessary & due alterations therein & send us y^ same for our Determination X. You are to Transmitt to us as soon as you Can conveniently Get it hansomely Transcribed a full and Exact account of our yearly Rents what they amount to in y^ whole & y*^ Particular men from whome Due & what from each man also Avhat has been Received by Avhome & how applyed & what Land to whome and for what Sold Given under our hands & seales this Eighteenth day of Jue Anno Dni : 1702. Recorded May y« first 1703 J Granvill O ^ Jn«. Barnwell C : C : Craven O J Granvill for L^ Carteret J Colleton O Nicholas Trott Esq'', of London one of the true & absolute Lords & Proprietors of y*^ Province of Carolina To Nicholas Trott Esq^ of Carolinse Whereas it is Appointed by the Instructions & rules of Govern- ment of the Province of Carolina that each of y^ Lords Pro- prietors of the said Province Shall & nominate a Deputy to be his Representative in the Generall Assembly & Councill of the Province of Carolina I out of the Trust & Confidence I have in the wisdome Prudence and Loyalty of you the said Nicholas Trott Doe Hereby Constitute and Appoint you to be my Deputy dureing Pleasure of that part of our Province of Carolina that lyes south & West of Cape Fear with full power and Authority to doe & Exercise all such powers & things as doe properly belong to a Lord Proprietors Deputy Given under my hand & Scale this second day of novem''. 1702/ read in Councill & recorded ye Nicholas Trott O 1703 ^ Jn^ Barnwell C.C: To the Honi^ie — S"". Nathaniel Johnson Kn*. Governour And to our Deputies and Councill att Charlestown in Carolina/ Gentlemen/ Your Severall letters wee receiv'd and upon y"^. Instances therein together w^^. the late adress of y^ house of Comons for a 171 Supply of Stores of war & a frigate for y^ Service of our province, we are Interceeding w^'\ her Maj^y. in Y'^. belialfe & hope y". Shall in due time receive y^ good effects thereof And y". may be also assured y'. nothing in our Power for y. Support Shall be Omitted— We^ are well, Satisfied in Yo''. proceedings in y^ Settling of our accounts And our Intent was y^ y'= Coni°". to our Gov. w*^\ M"" Moore & others therein particularly named Should take place of all others for granting of land Wee would also, in Pursuance to y^ 7*'\ Article in our Instruc- tions for y^ Governm*. that all our Blank Deputations for Land- graves & Cassiques be taken up and Cancelled ^Yimt y". wa-ite concerning M'' Ash, we think So Reasonable, that y". may Depend upon itt, we Shall not give any Creditt to his accusations 'till y". have had an opportunity of Giveing Yo"". answers thereunto Wee Should be glad to hear our Constitutions were Confirmed amongst you And Shall be ready to Joyn w**^. y" In all acts for y^ good of our Collony We Rest Gentlemen Yo''. Most Affectionate ffriends Granville Palatine J Colleton. Craven. M Ashly Granville, for L<^. Carterett From our board att S^ James 16 Nob''. 1703 The Right Hon^^^ — John Lord Granville one of the Lords of her Maj''^^ — most Hon'^'^ — Privy Councill Palatine, The R*. Hon^e— Will"^. Lord Craven. The Rt. Honbie. John Lord Carterett. The Hon"e_ Maurice Ashly Esq'". S"". John Colleton Barn'. And y« rest of y^ true & absolute Lords & pp". of Caro- lina To Edward Willimott Esq^ We being well assured of y^ wisdom prudence & Integ- rity of y". y^ S<^. Edwd. Willimott have thought fitt & do by these p^sents dureing our pleasure Constitute & appoint y". y^ S"^. Edward Willimott Secretary for y' ^t of our province of Caro- lina y^ is Scituated South & West of Cape ffear. — Hereby author- izeing y". & giveing y". full power to be p^sent att all meetings of 172 the Palatines Court & Grand Coiincill and also to take & keep an Exact Register of all their acts & orders and also to receive from y^ Surveyor Gen'all all Certificatts of land by him laid out & Surveyed according to y^ war^^. Issued by y^ person or ^sons, we have Impowered or Shall hereafter Impower to grant Such Warrants, and to draw up Such lease or leases Conveyances & assurances of land as by our Instructions is or hereafter Shall be directed W^*^. being Signed & Sealed by y^ ^son or ^sons we have or Shall hereafter Impower So to do You Shall carefully Inroll ye Same and doe & ^form all other acts & things y*. have been usually done by y^ former Secretary in that part of our province afores*^. wdth full poAver licence & authority to take & receive Such Salaries ffees & Perquisites as have heretofore been taken by any fformer Secretary of y*. ^t of our s*^. province Given under our hands and y^ great Seal of our Said Province of Carolina this nineteenth day of August 1703./ Granville Palatine. Craven, Granville for L"^. Carterett M: Ashly. J Colleton. (great Seal) Instructions for Edward Willimott Esq*". Secretary of y' partt of Carolina that is Scituated South & west of Cape ffear. 1^^ You are when y". arrive in Carolina to take into yo"". Custody all those records that have been used to be kept by y^ Secretarys there and more particularly the Severall ifundamentall Constitu- tions, and 3^ou are also to See if y^ Severall Instructions from y^ Lords Prop", to y^ respective Governours have been recorded And if they are not, You are to record them forthwith and also all their letters to their Governour or Government all w'^'^. things are to be Enterred in a book kept for y*. use only and y". are likewise to Copy in y«= S*^. book all Instructions letters & orders y' Shall hereafter come from y^ Lords prop'"^ to y^ Govern"", or Governm*. there, And also in y^ S<^. book note down y^ time when y« S'^. letter or order was read in y^ Palatines Court Councill or Parliament. 2diy You are also in a book for y*. use provided Exactly to Reg- ister all orders or Judgments of y^ grand Councill or Palatines Court & in another book all acts & votes of Parliam'. of w^h. yu, are to Send Copies to us Signed by y^Selfe by every Ship y*. comes directly to England or by way of Barbados 173 S^iy You are in a book for y*. use provided to keep an exact register of all warrants Issued to y«= Surveyor Gen^'all for y^ ad- measureing out of land to any ^son that comes there to plant and y^ Survey'■^ Gen""all generalls retourn you are to Enter against y^ Said war*, and in y« war*, to y^ Surv^ Generall you are to Insert y^ names of y^ Persons Imported into Carolina for w^^. y^ S'^. land is granted Copies of w^h. & ye SurV. Gen''^"*^ — Re- tourn you are constantly to Send to us y*. we may See how our land is disposed of. 4thiy — You are to putt our Seal for y*. use provided to such grants of land as are passed according to our Instructions for y^ grant- ing of land and not Otherwise. 5thiy — You are Constantly to give us ace*, of what Shipps arrive att Carolina and from whence, y^ day of their Arrivall & Depart- ure, how many ^sons came in Each Ship, & how many She car- ries thence, & as near as y". can with what She is loaden. 6thiy — You are to Inform us how our Rules for y« granting Set- ting out and bounding of land are observed by y^ Governs & SurV. Gen'all & you Yo"". Self are to See y*. no greater quantity of land are granted to any ^son then our Instructions direct. 7thiy — You are as soon as possible to send us an acc^ of all y^ land Granted in Carolina, to whom, & y^ date of y^ grants, & also what is run out & to whom, & y^ grants not passed, W^. you are to require of the Surv'". Gen'"all. And therewithal! to send us a Rent Roll of the Yearly Value reserved to us upon Such respective Grants. And once every year to make up and Send us a Compleat State of our Province of Carolina Given under our hands & Seals this nineteenth day of August 1703 Granville Palatine (Seal) Craven (Seal) Granville — 1 for Lord Car terett V (Seal) M: Ashly (Seal) John Colleton (Seal) Whereas we have Given & granted our Com°" — to Edward Willimott Esq"", to be our Secretary of that part of our province of Carolina as is Scituated South & west of Cape ffear, wee doe hereby require you to pay unto y^ Said Edward Willimott out of y« moneys you Shall receive for us his Salary of forty pounds ^ annum half yearly as itt shall become due, As also to James Griffiths Secretary to us at our board his Sallary of fforty pounds ^ an Comenceing ffrom y^ 10*^. of Jan^-y. 1701/2 and for Soe 174 doing this Shall be Yo''. Sufficient warrant Given under our hands & Seal this nineteenth day of August 1703/ Granville Palatine (Seal) To James Moore Esq"". Granville for Lord Carterett (Seal) our Eeceiv. Gen^'.all of South Carolina, And to our Receiver Generall for y^ time being Craven (Seal) M: Ashly— (Seal) J. Colleton (Seal) Johannes Baro Granville Palatinus Carolinse Reliquiq ejusdem proventia^ proprietores, Salutem Cum Serenissimus princeps Carolus Secundus Nu^ dei gratia MagTise Britanise ffrancite & Hibernite Rex ffidei defensor &c. ex Spetiali Suo favore Dedit & concessit nobis unacum Proventiee Carolinae Potestatem Gradus Status titulorumq Digiiitatum & Honorem ibidem Con- stituendi & Erigendi Virosq bene nieritos ad eosdem Gradus Evehendi, Jisq titulis Cohonestandi Ordinandiq Cumq Regi- minis Iforma a Nobis Stabilita & in ^petuum a Nobis-& Success- oribus nostris observanda Constitutum Sit ut certus Sit Landgra- vorum & Cassiquorum numerus (}ui Sint perpetui & Hereditary Nobiles Proceresq Provencia? nostra? Carolina? Qumq Ipximus vir Edwardus Willimott Armiger magna sua prudentia & In- dustria magno erit adjumento Nobis virum de Nobis tarn bene meritum remunerare volentes Landgravum Constituimus Sciatis Igitur qe. nos ut monumentum seternum gratise Nostras & Illius meritorum dictum Edwardum Willimott Armigerum ad Statum gradum Stilum, titulum. & Honorem Landgravi Ereximus Prseficimus & Creavimus Ipsumq Edwardum Willimott Armi- gerum Landgravum tenore prsesentium Erigimus prsefacimus & Creamus Eidemq Edwardo Willimott Armigero Nomen Statum Gradum Stilium dignitatem, titulum & Honorem cum quadragenta octo Mille Ingeris terra^ '"ilijsq Privilegijs eidem Dignitati ^tinentibus & in a^ternum Imposuimus & Pra^buimus & ^ p^'.sentes pro nobis Hseredibus & Successoribus nostris Damns, Imponimus & Prabemus Habendum et Tenendum Eadem Nomen Statum Gradinn Stilum Dignitatem & Honorem Land- gravi unatum p'.dictis terris Singulisq Juribus Privilegijs Pra^ominentijs & Imunitatibus Eidenl dignitati pernentijs p^'.fato Edwarclo Willimott Armigero & Ha^redibus Suis Secundum tenorem ffundamentalium nostrarum Constitutionum in Ppetuu Volentes ac per prsesentes Concedentes pro nobis 175 hseredibiis & Successoribus nostris quod p''dictus Edwardus Willimott Armiger & hseredes Siii p'^dicti Nomen, Statiim, Gradum, Stilum, Dignitatem, & Honorem titiilumq Landgravi Successive Gerant & iHabeant terrasq p^'dictas possideant & eorum quilibet gerat Habeant & possideat & ^ nomen Landgravi vocentur & nuncnpentur & Eorum quilibet vocetur & nuncupetur Quodq Idem Edwardus Willimott Armiger & Hseredes Sui j)r8edicti Successive Landgravi in omnibus teneantur & ut Land- gravi tractentur & reputentur & Eorum quilibet teneatur trac- tetur & reputetur habeantq teneant & possideant & Eorum quil- ibet Habeat teneat & possideat p'^dictas Terras Solventes in per- petuum pro quolibet tractu terrse Centum Jugera continente Duodecim Denarios bonse & legalis Monetae Anglise Annuatim Nobis & heredibus nostris Qua^ Solutio incoanda est Sub finem Biennij post ejus lUius occupationem nee non dictus Edwardus Willimott Armiger & hseredes Sui p^'dicti Gaudeant & Utantur & eorum quilibet Gaudeat et Utatur ^ Nomen Landgravi onmibus & Singulis Juribus Privilegijs Prfeeminentijs & Imunitatibus Statui Landgravi in omnibus rite & jure pertinentibus In Cujus rei testimonium has literas nostras Sub Magno Sigillo Nostro Carilina? ffieri ft'ecimus Potentes Datum ^ manus nostra Decimo nono die augusti an°. Era? Christiana? Millesimo Septingentesimo Tertio. Granville Palatine Craven Granville for L^. Car- terett M : Ashley (great Seal) J : Colleton Gentlemen/ M''. Ash haveing Exhibited before us Severall accusations and Complaints against you, Wee Inclosed Transmitt you Cop- pies of the Same and Require you to Dispatch your Answers to the particular Charges therein by the ffirst Conveniency we are Gentlemen Your ver}' Loveing ffriends To S"". Nathaniel Johnson GoV. Granville Palatine James Moore Esq'-. &c. Craven att Carolina. Granville for L^. Carterett M : Ashly J : Colleton Read in Councill & Entered ye 28th— (Jay of August An«. 1704 m Jn° Barnwell D : S : 176 S*. James's 20'^. March 1703/4 Gentlemen/ Wee Send y°. here Inclosed a letter from y« R^ Hon'''^ — y^ Earle of Nottingham her Majesties Principall Secretary of State Relateing to y^ manner in w'^''. her Majesties Subjects in America are to behave themselves w''\ regard to y^ Spaniards in those parts Wee likewise Send y". her Majesties letter Relateing to y^ Officers of y'^. Admiralty & prizes. You are therefore to take all y^ due care y*. her Maj^'*^ — pleasure thereby Signified be punctually ^formed, And y". are forth w^i^. give y^ necessary directions upon y*^ Same to all those persons whom itt may con- cearn through our Province of Carolina — We are Gentlemen Y'^. very Loveing ffriends We desire y". to dispatch y^ ] Granville Palatine Enclosed Packett to our Gov"". I Craven of ye Bahama's by y«^ 1^* Con- ( Granville for L^. Carterett veniency J M : Ashley J Colleton To ye Hon^ie— S--. Nathaniel Johnson Kn*. our Governs & to I Read in Councill y^ 28*^. ye Rest of our Councill in [ Augs^ ^ Jno. Barnwell D : S : Carolina in America — J Anne R Right trusty & well beloved we Greet y". well, AVhereas Com- plaints have been made to us of abuses in y^ Courts of Admiralty in ye Plantations & of Irregularities in ye disposition of ye pro- ceed of Prizes brought into our S'^. Plantations by our Shipps of war, Privateers, or others w*^. letters of mark, ffor Prevention whereof. We Strictly Charge & Require y" — & all ^^sons what- soever whom it may Concearn w*'\ in our province of Carolina & ye Bahama Islands, to be aiding & assisting in ye Recovery of our dues; as also our High Admirals dues in Case of Prizes according to our Declaration, for ye Encouragem^. of our Ships of War & Privateers herew'^. Sent y". and otherwise in Main- taining ye Rights of ye Admiralty, & in ye Support of ye officers, & Court of Admiralty appointed or to be Appointed by our High Admirall wt^.in our S<^. Province of Carolina & ye Bahama Islands Soe we bid y". ffarewell Given att our Court att S*. James's ye Second day of March 1703/-! In ye Second year of our Reign By her Majesties Command Nottino;ham 177 To our K*. trusty & well beloved y« Lords Prop", of our Province of Carolina & of Our Colony of y^ Bahama Islands in America./ Eead in Councill & Recorded y^ 28*^. Aug^*. 1704 ^ Jn° Barmvell Dep'y; Sec-^y. Gentlemen/ May 26*^. 1704 Wee transmitt you a Copy of y« Earl of Nottinghams letter (Sent y". in our last Packett) Relateing to y^ trade w^^\ y« Span- iards in America, w'^. a Copy also of an Additional Instruction w''^. her Majestic has been pleased to Sign for all Privateers to be Observed by them in y^ Same Maner as they are to observe ye Printed Instructions w^^ they Eeceived from y*^ Admiralty here upon takeing out their ComO"^ — {^ ye twelfth article of w=h. there is mention made of other Instructions and y". are to take all Oppertunitys to give Notice to Such Privateers as are in America or Shall Resort to any of our Ports of our Province of Carolina of this adition and to give them Authentick Copys thereof to be by them observed, and y". are likewise to take care yt. if any Prizes be brought in by any Privateers that Nothing be done Contrary to her Majesties Intentions We Rest Gentlemen To ye Hon'^ie_ gr^ ;^Tath : John- Your very Loveing son Knt. Govern--. & y^ rest of ffriends our Councill in Carolina Granville Palatine Craven Granville for L^. Carterett Read in Councill & Recorded M : Ashly J : Colleton ye 2d Xber 1704 ^ Jn°. Barnwell D : S : Copy of ye Earle of Nottinghams Letter to ye Lords Prop", of Carolina about trade w*^. the Spaniards The States Generall of ye United Provinces haveing represented to ye Queen ye Advantages & Conveniences of ye trade w*^. Spain in ye West Indies her Maj^y. upon Consideration of ye Reasons alleadged by y™. has thought fitt to approve of their proposall & to Contine ye trade & Commerce w*^ ye Spaniards in those ^ts 12— H. c. 178 during y^ warr in all Comodities Excepting Stors of war & amunitions & Such Comodities as are prohibited by Law to be Caryed from her Maj'^y^ plantations directly to any forreign Country And her Maj^^^. has Comanded me to Signifie her pleas- ure to y". y*. y". ^mitt & Suifer her Subjects freely & Openly to Cary to any place or territory under y*^ Dominion of Spain in America all Such M^chandize & Comodities as might have been Caried thither before y*^ Warr Provided there be not among them any Stores or amunitions of war w'^'^ y". must be very Care- full to hender, and y". are likewise to ^mitt her Maj'^^ Sub- jects to bring from y^ Spanish Dominions in America Any Mer- chandize or goods of those ^ts, and y^ Dutch haveing promised to Enjoyn their privateers in those parts not to disturb her Majesties Subjects in this trade, You must in like Maner Re- quire all y^ Privaters Under Yo"". Jurisdiction not to Molest any of y« Dutch in their trade to and from y^ Spanish Dominions Except only in Case of their Carrying Stores & Amunition of Warr, Butt as y^ Eeasons Induceing her Maj^y & y^ States Generall to this Resolution are peculiar to y<^ Spanish trade and respect only y^ Spanish Nation, Her Majestic would have you take as much Care as is possible that y^ ffrench may receive no benefitt by this Indulgence./ Read in Council & Recorded Xbr 1704- ^ Jno Barnwell Dep. SeC-y. An Additionall Instruction for Such Merch^s. & others who Shall have Com°"5 — or letters of Marq or Com'^"^ — for Private men of warr Agst. ffrance & Spain their Vassalls & Sub- Anne R jects, or other Inhabiting w^'^in any of their Countries territories or Dominions by Virtue of our Com'", granted under y^ greate Scale of (locus England and bearing date y'^ Given att Sigilli) our Court att 8K James's y^ 25 day of May 1704 in y«^ third Year of our Reign. Whereas wee in Conjunction w**^. our allies y^ States Generall of y« United Provinces are willing to Encourage ours & their Sub- jects in their Intercourse & Correspondence w*'^: Such of y« Spanish Nation in y^ West Indies as Shall be Inclined to acknowledge y^ title & Soveraingty of Charles y^ third King of Spain w*'\ whom wee are in ^friendship & Alliance; And to y^ 179 Intent y^ Such Miitnall Intercourse & Correspondence may be beneficiall as well to our Subjects & allies as to y^ Spaniards in America We haA'e therefore thought ffitt, and doe hereby direct y*. from & after y^ ffirst day of June 1704 No Injury, Violence, Spoile or Molestation whatsoever Shall be done or Comitted by any of our Shipps of war. Privateers or Marchant Ships haveing letters of Marq or by any of our Govern'^ or by or under their ^mission, or Authority, or any other officers of, in, or belonging to any of our Islands Colonies or Plantations belonging to y^ Spaniards in America, or Ag'^*. Anj' of our Subjects or y« Sub- jects of y^ States Generall or any of them, their Shipps vessells or goods yt. Shall be found Coming to, or goeing from any Port or Place in y^ Spanish West Indies being for y^ proper ace*. & resq of our Subjects or y'^ Subjects of y^ S'^. States Gen^'all respectively anything contained in our declaration of war ag*^ Spain, or any Com°". or Com°"'' — to any of our men of war or Privateers or M''chat Shipps or any Instructions to our men of war or Privateers, or to any of our GoV^^ or other Officers in y^ West Indies or any other Instructions or Orders whatsoever to y^ Contrary hereof in any wayes notwithstanding Provided y^ no Goods whatsoever belonging to y^ Inhabitants of ffrance or its Vassals, or any others inhabiting w^'^.in j^ Dominions & terri- tories of y*. Crown, Nor any Contraband Goods Stores. or other Provisions of War be %lmitted to be Carryed to any Spanish Plantacon in any Ship whatsoever, but y*. they may be, & are hereby declared to be Lyable to Seizure & confiscation as before y^ giveing this Instruction. Provided also y*. this Instruction be Soe understood, as y^ it may, & Shall Still be Lawfull for any of our men of war Privateers or Merchant Ships haveing letters of Marq to attack take & possess themselves of any Spanish Ship. Vessell, or Gallion either on y^ Main vSea, or in ffresh waters, or in any port, Bay, Creek or Harbour in America, as well as else where, & to Seize & bring any Such Ship vessell or Gallion, & all treasure Goods & M''.chandize w^'^'^. may be found on board Such Ship vessell or Gallion, according to y« Intent & Meaning of our fformer Instructions, and we doe hereby Charge & Comand all y« Comanders, & other officers of our men of war, & of Privateers or Marchant Shij^s haveing Letters of Marq y*. they Severally take due Notice of this our Roy all pleasure, as an Additionall 180 Instruction & Conform themselves hereunto Accordingly A : R : By y« Palatine & Lords Prop". Comands a true Copy Ja : Griffitha. Read in Council & Recorded ye lOber 1704 ^ me Jn°. Barnwell Dep : SeC^. The R'. Hon''^« — John Lord Granvill one of y« Lords of her Majesties Most Hon^'^ — Privy Councill Palatine The R*. Hon^ie — William Lord Craven the R*. Hon^'^ — John Lord Car- terett, the Hon'^''^— Maurice Ashly Esq"" S^ John Colleton Barn', and the rest of the true & absolute Lords Prop", of y«= province of Carolina in America To all to whom these p^'.sents Shall Come Greeting Whereas by former letters Patents under y^ great Seal of ye S'^. province of Carolina the then Palatine and Lords prop'^^ of ye S''. Province for y^ Considerations therein Men- tioned Constituted & Created James Colleton Esq"", one of y^ Nobility of y^ S<^. Province by the Stile Name & title of Land- grave and for y^ due & better Support & Maintenance of y^ S*^. honor & dignity by y^ Same letters Pattents granted unto the S*^. James Colleton and his heirs fforty Eight thousand acres of land in ye S"^. Province to be taken up by the S'^. James Colleton his heirs and assigns under ye yearly rent of one Peny for Every acre as by ye S<^. Letters Pattents Relation being thereunto had may more fully appear By virtue & in pursuance of w^h. grant the S'^. James Colleton hath taken up twelve thousand acres of land ^t of ye S^. 48000 acres w^h. are Erected into & now knowm by ye name of ye Barony of Watboo and Whereas we ye S*^. Pala- tine & Lords Prop", as a fuller Mark of our favour and Indul- gence towards ye Landgraves & Nobility of our S*^. Province & for their Greater Incouragem', have thought fitt & Condescended to abate Part of ye Yearly rents & Payments formerly Reserved Upon Grants of lands to them made Now know yee y*. we ye s^. Palatine & Lords prop", for divers valuable Causes & Consider- ations we thereunto moveing Have Granted Ratifyed & Con- firmed and by these ^"^sents for us our heires & Successors doe grant ratify and Confirm unto ye S^. James Colleton & his heirs the S'l. Honour title & dignity of Landgrave w^'^ ^n arid Sin- gular ye powers Priviledges & P'"hemences thereunto belonging according to ye Tenour of ye ffundamentall Constitutions of our 181 S^. Province And all y'. parcell or District of Land in Carolina afores'^. now Called or known by y« name of y^ Barony of Watt- boo Containing twelve thousand acres being part of y^ S^. 48000 acres Granted by the S'^. fformer Letters Patents & 36000 acres more of land in Carolina afores*^. Residue of y^ S'^. 48000 acres w*"^. all & Singular y^ Eights members & Appurtenances to y^ S^. Barony or District of land and other y^ Lands afores'^. or any of them belonging or in any wise Appertaining Except & all ways reserved out of these p'".sents All Mines & Meneralls and Quarries of Gems & p^'cious Stones To have and to hold all & Sler y^ S'^. p'"misses w*'^. their & Every of their Eights Members & ap- purtenances (Except as before Excepted) unto y*^ S^. James Colleton his heirs & assigns for Ever. To the only use and behoof of y^ S'^. James Colleton his heirs & assigns for ever Yielding & rendring yearly & every year on y^ twenty ninth day of September unto us our heirs & Successors Lords Prop'"^ of y^ S^. Province for y« S'^. parcell or District of Land containing twelve thousand acres and now Called the Barrony of Wattboo y^ Eent or Sum of Six Pounds of Lawfull Money of England being after y^ Eate of one Shilling for every hundred acres of y^ S'^. twelve thousand acres, And yielding and Eendring to us our heirs & Successors one Shilling of like Money for every hundred Acres Eesidue of the S'^. 48000 acres w'^'^. Shall hereafter be taken up by y^ S'*. James Colleton his heirs and assigns to be paid Yearly and ev^ry year on y^ 29*''. day of September after y^ Same Shall be taken up In lieu & full Satisfaction of all rents Eeserved by y^ S^. fformer Letters Pattents, for all or any of y^ S^. forty Eight thousand Acres And we y'^ S^. Palatine and Lords Prop""®, for us our heirs & Successors Doe hereby Eemise Eelease & for ever quitt Claim unto y^ S^. James Colleton his heirs & Assigns all Eents by y^ S^. fformer letters Patents Eeserved or Payable for or in Eespect of all or any of y^. P^misses Other then the Eent of one Shilling hereby reserved for every hundred acres of y^ S'^. Lands already taken up or to be hereafter taken up Provided y'. he y^ S'^. James Colleton his heirs or assigns Doe & Shall on or before y^ ffirst day Jan'^y : w^^. Shall be in the year of our Lord 1705 Make & Execute to and for our use & uses a Sufficient & Lawfull deed of Covenants to our Trustees att Carolina for Granting of Lands According to our fform of Deed in our S'^. Province in Such Case Peculiarly for our Landgraves and in 182 Especiall maner provided for y«^ true and Just Payment of y^ S*^. yearly Kent herein Mentioned and Reserved according to y^ true intent & Meaning of these p^sents unto us y^ S*^. Palatine and Lords Prop''^ our heires & Successors otherwise these P'sents to be void and of None effect any thing herein before Contained to y^ Contrary in any wise Notwithstanding — Given under our hands and y*^ Great Seal of our Province this ffirst day of January One thousand Seven hundred and three. Granville Palatine. Craven Granville for Lord Carterett — M: Ashley J Colleton Recorded y^ 10'^ ffeb-^y. 1704 ^ Jn°. Barnwell D: S: By my Lords Palatine and Lords Prop''^: special Comands Ja: GriiRths The Rt. Hon^ie — John Lord Granville Palatine and y^ Rest of y^ true & absolute Lords Proprietors of the Province of Caro- lina. To the Hon'^^e — S"". Nathaniel Johnson Kn*. Governour James Moore Nicholas Trott and Job Howes Esq", our trustees for Granting of lands in our Province of Caro- lina Whereas Avee y'' Palatine and Lords Prop''^ as a Mark of our favour & Indulgence toAvards y^ Hon'^i*^ — James Colleton one of y^ Landgraves of our S^. Province of Carolina By letters Pat- tents under y^ great Seal of our S'^. Province Bareing Date y« Day next before y'^ Day of y^ Date of these p^sents, Have thought IRtt to Reduce y^ Rent for forty Eight thousand acres of lands by former letters Pattents granted unto y« S*^. James Colle- ton in our said Province to one Shilling for every one hundred acres thereof We doe hereby therefore Direct & require you our S'*. trustees att y«^ Request Coste & Charges of y« S<^. James Col- leton his heirs & Assigns to Prepare a Deed of Covenants accord- ing to y<= form of Deed in our S^. Province in Such Case Pecu- liarly for our Landgraves & in Espetiall maner provided to be Executed by him j^ Said James Colleton his heirs & Assigns, for his and their true & Just Payment of y«= Yearly Rent of Six pounds to us or for our use for y^ Barony of Wattboo Containing twelve thousand acres being Such part of the Said forty Eight thousand acres as hath been taken up by the S^ : James Colleton 183 The Said Rent to be made payable on the 29''\ day of September Yearly And to Comence from y^ ffirst day of this Instant Jan- uary. And for y^ w'^'^. this Shall be Yor Sufficient warrant Given under our hands & Seals this Second day of Jan^^y — 1703/4 Granville Palatine O Craven O Recorded y^ 10*^^. Granville for L^. Carterett O ffeb'-y. 1704 M Ashly O ■ ^ Jn° Barnwell J Colleton O Dep^y. SeC-y— Wee y^ R*. Hon'^^^ — John Lord Granville Palatine and y^ rest of y^ true & absolute Lords prop''^. of Carolina in America doe hereby Acknowledge to have had & receaved of y^ hon"^'*^ — James Colleton one of y^ Landgraves of y^ S*^. province by y^ hands of Richard Bate Esq"", the Sum of one hundred pounds of Lawfull Mony of England as a fine & Consideration for reduceing y« Rent for forty Eight thousand acres of lands Granted unto him in our Said province of Carolina to One Shilling for every hundred acres thereof, and also y'= ffurther Sum of one hundred pounds of like money in full Satisfaction & discharge of all Rents & arrears of rents Incurred & grown due unto us from y^ S'^. James Colleton from y^ ffirst day of January 1696. to y^ ffirst day of this Instant January And wee doe hereb}' for our Selves our heirs & Successors Acquitt Release & discharge the S'^. James Colleton his heirs Executors Adm''^ & assigns and every of them of & from the Severall Sums of one hundred pounds and One hundred pounds and every part thereof and of and from all arrearages of Rent as afores'^. And we y^ S^. Palatine & Lords prop''^. for our Selves our heirs & Successors doe hereby promiss & Engage, that if any Sum or Sums of Money have been paid Or Shall be paid by any Agent of y^ S'^. James Colleton in Carolina to our Receiver there, or to our use for y^ Rent due between y^ days above men- tioned y^ Same Money Shall be repaid to y^ S*^. James Colleton his Executors or Adm". or to his or their Agent or Order under his or their hand & Seal Given under our hands & Seals y^ Sec- ond day of Jan'^y. one thousand Seven hundred & three Granville Palatine O Recorded y^ IQth. ffeb--y. 1704/ Craven O Granville for L^. Carterett O ^ Jno Barnwell D : S : M Ashley ( Seal ) P Colleton (Seal) 184: By my Lords Palatine & Lords Prop": Special Comands Ja: Griffiths The Rt. Hon'^ie — John Lord Granville Palatine And y^ Rest of y^ true & absolute Lord Prop", of the Province of Carolina To the Hon*'''' — James Moore Esq"". Receiver Gen^'all of our Said Province or to our Receiver for y^ time being. Whereas the Hon''''' — James Colleton one of y^ Landgraves of our S<^. Province hath made us full Satisfaction & paym', of all Rents And Arrearages of Rent Incurred & Grown due from y^ ffirst day of Jan-'y. 169G to y«= ffirst day of this Instant Jan'"y. ffor all his lands & Estate in Carolina Wee doe therefore hereby Com- and order and Direct you our Receiver Generall of our Rents in our S*^. Province to Repay to y^ Said James Colleton his Exec" — or Adm" — or to his or their Agent or Order All Such Moneys as y^ Agent of y'' S'^. James Colleton hath already paid or Shall hereafter pay for Rent of y^ S'^. Lands belonging to y^ Said James Colleton in Carolina Incurred & grown due between y^ ffirst day of Jan'^y. one thousand Six hundred Ninety Six and y^ ffirst of this Instant Jan'^ as aforesaid Given under our hands and Seals this Second day of Jan'^y. One thousand Seven hundred & three Granville Palatine (Seal) Recorded this 10"^. ffeb'-y. 1704/ Craven (Seal) ^ Jn° Barnwell D: S: Granville for Lord Carterett (Seal) M Ashley (Seal) J Colleton (Seal) By my Lords Palatine & Lords Prop""® special Comands Ja : Griffiths George Boyle Attorney to Landgrave John Colleton now of the Island of Barbados Esq'' : Doe hereby Confess to have received of John Ashby Esq"": Receiver Generall to the true & Absolute Lords & Proprietors of the Province of Carolina the full Sume of one Hundred & Twenty pounds Current Moneys of this Province pursuant to the within order being soe much Money paid James Moore Esq'^ : Late Receiver General to y^'"^ Lordships 185 for the rent of Wattboo Barrony between the Years 1696 and 1703, I say reeed on behalfe of the said Landgrave Colleton this Twentieth Day of November 1707/ Geo : Boyle Recor'd in y^ Secreta'^y; office Wittness January the 20: 1707/8 ^ ^ John Barnwell, Before me Peter Jacob Gerard Esq"": Appeared M"". John Barnwell y^ Subscribing evidence who on his oath Doth Declare that he did See & was P^'sonally p''sent & Saw the above named George Boyle Signe & as his act & Deed deliver the above Said receipt for the use therein mentioned Taken & Sworne before me this 20*^ day of January 1707/8 Peter J Guerard The E,*^: Hon"e — William Lord Craven one of the true and Absolute Lords Proprietors of thje Province of Carolina. To Edward Willmott Esq--. Whereas It is xlppointed by the Lords Prop", of Carolina in their ffundamental Constitutions and Rules of Government that each of the Lords Prop'^ Shall name a Deputy to be his representative in the Generall Assembly and Councill of Caro- lina, I out of the trust and Confidence I have in the Prudence Wisdom and Loyallty of you the Said Edward Willmott Doe hereby Constitute & appoint you y^ S^. Edward Willmott to be my Deputy Dureing my pleasure in that part of our Province of Carolina that lyes South & west of Cape ffear with full power to act & Exercise all Such powers and Authorities as to a Lords Proprs — Deputy Doe belong And I hereby make void all former Comissions for the S*^. Deputiship Given under my hand and Seale this thirtyeth day of August 1701 By his Lordships Commands Craven (Seal) James Griffiths Read in Council & Recorded y^ 22^ : of March 1704 ^ Jno Barnwell Dep^y— SeC-y— Gentlemen/ Wee herewith transmitt to you both Yo^ acts Ratified and Confirmed by us, But wee Require that you act thereon in all things with that Due Care and Moderation as that noe grounds may be had for Complaints against you. For your prudent management in obtaining the act for the ffortifying of Charlestown together with y« progress you have 186 made in y^ ffortifications (a Rough Draught whereof Cap'. Cole has laid before us) we Hetiirne you our thanks, and shall by our next Letters Send y". an account of what Ship and Stores wee Shall have Obtained of her Majestie for you. Wee are likewise much Satisfied with the wase Conduct and Courage of Coll Moore in his late Expeditions, the Success of Whose Arms has Gained a Reputation to our Province, And we Return our thanks to So brave a Patriot; And wee desire that he prepare and Send us Such Instructions Relateing to the Pub- lick offices as mention'd in his Letter of y^ 12'^. of Aprill 1704 And transmitt the Same to us to be returned to you under our hands and Scales. The number of Cassaques Patents that you Cancelld was Right, for they were but Eight, But there were Six Landgraves Patents whereof Madam Blake haveing delivered up but five (Maj"". Daniells Patent Included) She is Answerable for y^ Sixth Landgraves Patent and you are to Demand the Same of her. Wee Shall be Glad to hear ffrom you By all Such due Con- veniences as Shall offer, In the mean time wee Rest Gentlemen Yo'". very Affectionate ffriends ffrom our Board att S^ James's Granville Palatine 25th. Oct. 1704./ Craven ffor The Hon^e— gr, Nathaniel 1 Granville for L^. Carterett Johnson Kn*. Govern'', and to our I J Colleton Councill att Carolina — J Read in Councill & Recorded y« 22^. March 1704 ^ Jn^: Barnwell Dept^: Sec-'y. His Excellency John Lord Granville one of the Lords of her Majties; most Hon"e: Privy Councill Palatine The Right Honf^'e: William Lord Craven The Right Hon^i^. John Lord Carteret The Hon^ie ; Maurice Ashley Esq'' : S^^ : John Colleton Barr' : John Archdale Esq': and the Rest of the true and absolute Lords Prop''^: of the province of Carolina. To Nicholas Trott Esq'' : Wee Reposeing Especiall Trust & Confidence in the Ability Care prudence & fidelity of You the s*^. Nicholas Trott Have ordained Constituted & appointed & by these presents Do ordaine Constitute & appoint you the said Nicholas Trott By the name & Stile of Cheife Justice or Judge of that Part of our Province 187 of Carolina that Lies South & West of Cape Feare To haA'e Hold & Determine all Pleas as well Civill as Criminall & those Relat- ing to the Publick Eevennes And all other Pleas Whatsoever Ariseing & happening within the s'^: part of our Province of Carolina Giveing & hereby granting unto you the s^: Nicholas Trott full i^ower & Authority to Do Perform & execute all acts Matters & things whatsoever within the said Part of our province which to the office of a Cheife Justice Doth in any wise belong or appertaine & in as Large & Ample Manner to all In- tents and purposes as any Justice or Baron of any of the Courts of Westminster or any of the English Plantations in America or any Justices of Assizes or Commissioners of 0,yer & Terminer & Goale Delivery in the Kingdom of England or in America May or Ought to performe & Execute To Have and to hold the s^: office of Cheife Justice in the s'^. part of our province of Carolina together w*'^ : all ffees perquisites Privileges Liberties Immunities and Casualties belonging to the s,'^: office untill wee the s^^: Grantees of this Commission Shall upon a full hereing of You the Nicholas Trott or some other person Commissioned by You Adjudged You worthy to be Deprived of this office for any Mis- demeanour or Un justice by You Committed & no Longer Granted and wee doe hereby require & Command all our officers and all other persons whatsoever in any wise Concerned to take notice of this answere the Contrary att their perill And Wee Doe hereby Revoake & make Null all former Commissions Granted for the s<^ : Office Given at S' : James's under our hands and the great Scale of our Province this Eight Day of March 1706/7 Granville Palatine Craven . . . Granville for Lord Carterett J Colleton By Command of his Excellency the Lord Palatine & Lords proprietors James Griffiths Landgrave of port Royale SeC^", His Excellency John Lord Granville One of the Lords of Her Majesties Most Hon"^: Privy Councill Palatine The Right Honbie; AYilliam liord Craven The Right Hon^^: John Lord Carteret The Hon^ie: Maurice Ashley Esq"": S^: John Colleton. Recorded the o 12th . Day of July 1707 o Per George Evans Deputy Secfy,, 188 Bar' : John Archdale Esq"" : and the Rest of The True & Absolute Lords Proprietors of Carolina To Nicholas Trott Esq'" : Wee being well assured of the wisdome Prudence Integrity and Ability of You the said Nicholas Trott Have thought fitt and Do by these Presents Dureing our Pleasure Constitute & Ap- point You the said Nicholas Trott Secretary & Register of that Part of our Province of Carolina that is Scituate South & West of Cape ffare hereby Authorizing you & Giveing you full power to be p''sent at all Meetings of the Palatines Court & Grand Coun- cill And also to Take & Keep an Exact Register of all their acts & orders and also to Receive from the Surveyor Generall all Certificates of Lands by him Laid out & Surveyed according to the warrants Issued by the person or persons we have Impowered or hereafter Shall Impower to grant Such warrants, and to prepare Such Lease or Leases Conveyance & asurances of Land As by our Instructions is or hereafter shall be Directed w'^'^ : being Signed & Sealed by Such persons we have or hereafter Shall Commissionate So to Doe You Shall Carefully Inrolle the same & do & performe all other acts & things as heretofore have been Usually Done or Ought to have been Done by any former Secre- tary & Register in that Part of our Province aforesaid with full power Licence & Authority to Take & receive Such Salleries fees and perquisites as to the s^ : Offices belong Given at S* : Jameses Under our hands & the great Seal of o"" : province this Eight day of March 1706/7 Granvill Palatine O Recor'd the 14'^ : of July 1707/ Craven O Granville for Lord Carterett O ^ George Evans. J Colleton O =Depty„ Secretly,, By Command of his Excellency the Lord Palatine & Lord pro- priety" James Griffiths Landgrave of port Royall Secref^^ : S'' Nathaniel Johnson & Gentlemen. Wee Do heartily Congi'atulate with You on Your Great & Happy Success against The ffrench & Spaniards & for your Eminent Courage & Conduck in the Denfence & Pre- servation of our province And the Defeat of the Enemy Wee Return you our thanks and assure You That wee Shall always Retaine a Just Sence of your Merit And will take all Oppertu- nities to Reward Your Signall Services. 189 Wee Cannot forbear to Express our Satisfaction at Your Pious Purposes & Earnest Care in Promoting the Publick Worship of God Which Indeed is y^ Surest way to Obtaine the Ahnighty's Protection & Blessing on our Country C : Ratification of the Act of Eepeale Wee herewith Transmitt to you and hope by the Next Oppertunity Wee shall be able to Send you o'' : Ratification of the Church act As to the Request of the Gentlemen of the ffrench Church Wee Grant the Same to them And wee Desire You To See y* the Donna dieu be given them for the Purposes they Desired the same. Wee are Very Sorrey for the Loss of Corll : Moore M"" : Hows & Other Worthy Persons of our province by the Late Distemper which wee hope is now wholly abated & herewith Enclosed wee Transmitt to you our Commissions for the Respective offices that became Vacant And wee Leave it to you to settle & take the Security for us from the Receiver Generall as You shall think fitt Wee have so many Complaints made to Us from North Carolina agst. Corll : Cary Avho haveing Neglected to Transmitt to Us any Copyes of the Public Journales. & Acts of Assembly or any of the Least Account of the State and Condition of our Province & of our Revenues there Wee have therefore thought fitt to Remove him from the place of Deputy Governour And thereupon have Directed our President & Councill there To act till Such time as wee shall send over a fitt person to be as Deputy Govern^: of that Part of our province In the absence of S"" : Nathaniell John- son The Purpose of the Instrument wee sent over by M"": Warr Since Deceas'd Superscribd Not to be opened till the Decease of S'': Nathaniell Johnson, being now Ceas'd Wee Direct you to Chancell the Same Wee hope you have already Secured Corll : Moores Effects Soe yt they may be Liable to y^ payment of what appears to be Due to Us. AVee Desire You to Consider of the best Expedient for the Securing the payment of our Quitt Rents & other Revenues of our Province for the ffuture as also of the Easiest & best Method for Collecting them and accordingly to precure Us an Act of Assembly for the Same Wee are in Duely Expectation of hear- ing from you & mean time heartily Wish you all health Safety & Happiness Wee are. 190 S* James's 8*^. March 1706/7. Gentlemen— Eecorded July 17"^ : 1707 Your most Affectionate ^George Evans./ Dep^ Secrefy, friends Granvill Palatine Craven Granvill for Lord Carterett J Colleton His Excellency John Lord Granvill One of the Lords of Her Majesties most Hon'^'^: Privy Councill Palatine The Right Hon'^i'^ : William Lord Craven The Right Hon^ie ; John Lord Car- teret The Hon^ie : Maurice Ashley Esq'' : S^^ : John Colleton Barr* : John Archdale Esq'': and the Rest of the true and absolute Lords Proprietors of Carolina To George Evans Esq"" : Wee The said Palatine and Lords Proprietors of the Province afores'i: Being well assured of the Care prudence and ability of you the said Geo : Evans Have made Constituted and Appointed And by these presents Doe make Constitute & appoint You the s*^: George Evans to be (During our pleasure) Attorney Generall of that part of o'' : province of Carolina That Lies South & West of Cape Fear therein to act Plead Lnplead Sue & prosecute all & every person & Persons whatsoever for all Debts fines amer- ciaments forfeitures Escheates Claimes and Demands whatsoever which now is may or Shall be due and in AiTeare to us upon any account wdiatsoever wdiither Rents Revenues or otherwise howsoever And to Prosecute all Matters Criminall as well as Civill Giving & hereby granting Unto you full power and author- ity in the premises therein to Deale Doe Execute & performe in as Large and Ample Manner to all Intents & purposes as to the said Office of Attorney Generall Doth in any way Appertaine & belong To have hold & Enjoy the said office of Attorney Generall of the said part of our province of Carolina and all Liberties Priviledges perquisites Sallery fees & profits Wliatsoever there- unto Insident or belonging And wee Doe hereby make Null & Void all former Commissions Granted for the said office of Attorney Generall Given at S^ : James's Under our Hands & the Great Scale of our Province of Carolina this Eight day of March 1706/7. Granvill Palatine O Craven O Recorded July 18th : 1707/ 191 Granville for Lord Carterett O J"'^: Colleton. O ^ George Evans Dep^y. Reg' : By Command of his Excellency the Lord Palatine and Lords proprietors James Griffiths Landgrave of Port Royale SeCy.— His Excellency John Lord Granville One of the Lords of her Majt'e^: most Honourable Privy Councill Palatine The Right Hon^'e: William Lord Craven The Right Hon^'^: John Lord Carteret The Hon^'e; Maurice Ashley Esq"": S^: John Colleton Barr* : John Archdale Esq'' : And the Rest of the true and abso- lute Lords proprieto" : of the Province of Carolina To John Ashbey Esq"": To all to whom These Presents shall Come Greeting Know Ye That Wee Doe hereby During our pleasure Appoint Constitute Authorize & Im^Dower You the s^: John Ashbey To be Recev'r Generall of That part of our Province of Carolina That Lies South and West of Cape Fear And also to be on our behalf e & to our Use Receiver of all our Monies & Dues w^soever & of all our Rents in that part of our province afores'^: with full power & Authority in our Names to ask Demand Sue for Levy Require Recover Distraine for & Receive the s*^ : Rents and Dues and to give acquittances & other Discharges for us & in our Names for such Summs as you shall Receive by Vertue of these p^'sents and to Doe and act all other thing & things whatsoever That wee our Selves might Legally Doe in order to the Recovery of the s<^: Rents & Dues as well in Arreare or that shall become Due before our Repealing or Vacating this present Commission by Some Writing Under the hand of the Palatine and Two or three more of the Lords Proprietors and the Great Seale of our Province Published & Recorded in the Secretaries Office in our Said Province And for what Rents & Dues You shall Receive You are to be Accountable to us & Dispose of the same as you Shall be Directed by us And wee Doe hereby Make Null & Void all former Commissions Granted for the s^: office Given at S*: James's Under our hands and the Great Seale of our Province this Eight Day of March 1706/7. Granvill Palatine O Recorded the 21^' : of July 1706/7. Craven O Granvill for Lord Carterett O ^ George Evans,. Dep'y Secret^'y J Colleton O 192 By his Excellency's The Lord Palatine and Lords Proprietors Command James Griffiths Landgrave of Port Royale Secretary His Excellency John Lord Granville Palatine The Right Hon- ourable William Lord Craven The Right Hon"^'^: John Lord Carteret The Hon^ie; Maurice Ashley Esq'-; S"": John Colleton Barron*: John Archdale Esq"": And the Rest of the true & abso- lute Lords Proprietors of Carolina To all to whom it may Con- cerne Send Greeting Whereas The Following Act Entituled An Act to Repeal the Severall Acts within mentioned was Read three times & Ratified & past in the open Assembly at South Carolina the Thirtieth Day of November One Thousand Seaven Hundred & Six and Signed and Sealed By the Hon''^^: S"": Nathaniele Johnson Kn*: as Govern'': Tho: Broughton Nicholas Trott & Henry Noble Esq''^ : as our Deputies Viz* : Be it Enacted by his Excellency John Lord Granvill Palatine and the Rest of the true & absolute Lord proprietors of This province By and with the Advice and Consent of y« Rest of the Members of the Generall Assembly now mett at Charles Towne for the Southwest part of this province And by the Authority of the same That one Act of Assembly of this province Entituled An Act for the more Effectuall Preservation of the Goverm*: of this province By Re- quiring All Persons That Shall hereafter be Chosen Members of the Commons house of Assembly & Sitt in the same To take the oaths and Subscribe the Declaration appointed by this Act to Conforme to the Religious worship in this province according to the Church of England And to Receive the Sacrament of the Lords Supper according to the Rights & Usage of y^ said Church Ratified in oppen Assembly the Six Day of may Anno Domn 1704 And one other Act of Assembly of this province Entituled an Act to Settle a Maintenance on a Minister of the Church of England in Charles Towne Ratified in open Assembly the Eight day of October one Thousand Six Hundred Ninety Eight And one other act of assembly of this province Entituled An Act for the Establishment of Religious worship in this province according to the Church of England & for the Erecting of Churches for the Publick worship of God and also for the Maintenance of Ministers & the building Convenient Houses for them Ratified in open assembly the fourth day of November One 193 Thousand Seaven Hundred & four And one other act of Assem- bly of this province Entituled an Additional Act to an act Entituled an act for the Publick Worship of God and also for the Maintenance of Ministers & the Building Convenient houses for ther Katified in open assembly the the Seaventeenth of ffebru- ary 170-i/5 and also one other act of Assembly of this province Entituled an Act to Erect y^ ffrench Settlement on Santee into a parish Ratified in oj^en assembly the Ninth Day of April Anno Domi one Thousand Seaven Hundred & six From Henceforth be Repealed And it is hereby Enacted And Declared That all & Sin- gular the said acts of assembly above Mentioned and Every Branch Claues & Article or Sentence Contained in the Same Be from henceforth Repealed annulled Revoked & for ever made Void any thing in the said Acts to the Contrary in any wise whatsoever notwithstanding Wee the said palatine and Lord proprietors aforesaid Doe hereby finally Enact & Declare That all & Singidar the said acts of assembly The one Entituled as afores^: An Act for the More Effectuall preservation of the Gov- ernment of this province By requireing All persons that shall hereafter be Chosen Members of the Common House of assembly & sitt in y*^ Same to take the Oaths & Subscribe the Declaration appointed by this act & to Conforme to the Religious Worship in this province according to the Church of England And to Receive the Sacrement of the Lords Supper according to the Rites & usage of the said Church Ratified in open assembly the Six Day of May 1704 And one other Act Entituled an Act to Settle a Maintenance on a Minister of the Church of England in Charles Towne Ratified in open assembly the Eight day of Octo- ber 1698 and one other act Entituled an act for the Establish- ment of Religious worship in this province According to the Church of England and for the Erecting of Churches for the publick Worship of God & also for the Maintenance of Ministers & the building Convenient Houses for them Ratified in open Assembly The fourth day of November one Thousand Seaven Hundred & Four And one other Act Entituled An Additional Act to an Act Entituled An Act for the Establishment of Religious worship in this province According to the Church of England & for the Erecting of Churches for the Publick worship of God & also for the Maintenance of Ministers and the building Con- venient houses ffor them Ratified in open assembly the seven- teenth of ffebruary 1704/5 And also one other act of assembly 13— H. c. 194 Entitiiled an Act to Erect the french Settlement on Santee into a Parish Eatified in open assembly the Ninth Day of April Anno Domi 1706 From henceforth be Repealed And it is hereby finally Enacted & Declared That all & every Clause, Article Matter & tiling whatsoever Contained in the same be from henceforth Re^Dealed Annulled Revoked & for ever made Void. And further Also Wee The s^: Palatine & Lords proprietors aforesaid Doe hereby approve of, Finally Enact Ratifie & Confirme this present act Entituled as aforesaid an act to Repeal the Severall Acts within Mentioned And the said act is hereby ffinally Enacted Ratified & Confirmed. Given at s*: James's Under our hands and the Great Scale of our Province this Seaven and Twentieth Day of ffebruary Anno Domi 1706/7. Granville Palatine O Craven — O Recorded July 22^ : 1707 Granvill for the Lord Carteret O ^ George Evans M : Ashley O Dep^y,, Secref-y. J Colleton O Jo Archdalz O M: Ashley for Joseph Blake — O By Command of his Excellency The Lord Palatine and Lord proprietors James Griffiths Landgrave of Port Royale Secre'^^: His Excellency John Lord Gran\dll One of the Lords of her Majesties most Honourable Privy Councill Palatine The Right Honourable William Lord Craven The Right Honorable John Lord Carteret The Honorable Maurice Ashley Esq"-; S"" : John Colleton Barronet John Archdale Esq"^ : & the Rest of the true & Absolute Lord Proprietors of Carolina// To Thomas Broughton Esq'' : Wee The Palatine & Lords Proprietors of the province aforesaid Out of the Trust & Confidence Wee have in the Wisdome Pru- dence & Ability of You the said Thomas Broughton Do hereby Constitute Athorize & appoint You the said Thomas Broughton To be Surveyor Generall of That part of our province of Caro- lina That Lies South & West of Cape Fear And therein to Doe Execute & performe all things whatsoever which belong to the said Office of Surveyor Generall together with all perquisites & profitts to the said office Belonging./ Given at S^ : James's Under our hands & the Great Seale of our Said Province this Eight day 195 of March 1706/T. Granvile Palatine — O Craven O Granvill for Lord Palatine O J Colleton O By Command of his Excellency The Lord Palatine & Lords proprietors James Griffiths Landgrave of Port Royale Recorded July the 24^^ : 1707 ^ George Evans Depty: Secret-^y— John Lord Granville Palatine & the Rest of the Lords proprietors of Carolina — Instructions for Thomas Broughton Esq"" : Surveyor Generall of our Province of South Carolina// Wee Herewith Send you a Commission to be our Surveyor Gen- erall of y* part of our Province of Carolina as Lies South & West of Cape ffear And you are to Record the same together with these Instructions. Our Governor is to Cause to be Delivered to You all Such Pub- lick Papers Books Scheams Records & Instructions for Setting out Land That Used to be Kept by the Respective & Successive Surveyor Generall or their Deputies all which You are to take to Your Charge And the Rules therein Carefully to observe Wee Require That you give not Possession of Land by you or Yours Deputies Surveyed to any person nor to Suffer them to have a Piatt thereof or any Certificate of your Survey nor are you to make any Record thereof Untill they have first Signed the Coun- terpart of the Indenture for the Grant thereof But the Platts of the Land by You Surveyed & the Certificats are by Your Selfe to be Given to our Secretary for the Enabling him to make out the Grants And which Piatt & Certificates are by him to be Kept & not given to the party for whom the Land is Run out untill the party Concerned hath signed the Counterpart of the Conveyance according to the form by Us Directed in our Former Power or Rule for Granting of Land Having sometime Since as a Mark of our Favour Constituted m"": Griffiths Secretary at our Board a Landgrave of our Province You are to admeasure out his Barronies to him without Fee.// You are to make Due Entries & keep a true Record of all Lands 196 That you shall sett out You are as Soon as you Can Conveniently Gett it ready To Transmitt to us perticular Accounts or Map of The Lands Taken up in w*: Parish & w': County with the Number of Acres Quitt Rents & rents Reserv'd for Land Sold And so to Continue to Doe of all Lands hereafter Taken up & to Mention where houses are Built upon the Same Given at S': James's Under our hands & Seales this Eight Day of March 1706/7 :.// By Command of his Excellency The Lord Palatine & Lords Granville Palatine O proprietors James Griffiths Craven O Landgrave of Port Eoyale Granville for Lord Carteret O Sec^y : J Colleton O Recorded in the office July the 24*^: 1707 ^ George Evans Depty. Secret-^y. John Lord Granville Palatine And the rest of the true and Abso- lute Lords proprietors of Carolina. Instructions for John Ashby Esq"", o'' Receiver Gen" : of South Carolina. Wee herewith Transmitt to You a Commission to be receiver Generall of that Part of our Province of Carolina That Lies South & West of Cape ffeare To Receive to our Use all Dues & rents fines & fforfeitures That of Right belonging to us which Commission & also these Instructions You are to gett registered in the Secretaries Office in our S^ : province You are to Infomie Yo'^Selfe by all Means You Can w' fines have been Sett upon any Person for Misdemeanours in any of our Courts & to receive the same to our Use & in Case of Deniall of payment To Use all Lawfull means for the recovery of the Same. You are to take into yo'^ possession one share of Wrecks am- bergrease & all Such other things as of Right belongs to us. You are to use all possible Diligence to Informe Yo"" :Selfe of all Lands that have been Granted to any person Whatsoever in that part of our province in which j^ou are to observe those par- ticular Viz* How much Land each person does possess in w* par- ish & in w* : County By w* Rent whether by Twelve pence ^ 100 Acres or penny ^ acre what any p''son is in Arrears & if abov^e Twelve Months To order our Attorney Generall to Summon them & on Failure of Complyance to proceed to prosecute them for the Recovery of the Same 197 All which You are Regularly to fforme into a Regular Rent Roll & Regularly to Enter into Yo"^ Roll book and in Like Man- ner all Lands that shall hereafter be Granted & to Transmitt a Coppy thereof to us Once every Year You are out of our Monies dues & rents You Shall Receive as aforesaid To pay to y*^ respective Officers for the time being & hereunder Mentiond their Respective Yearly Salleries w'i»:out any pretence whatsoever by even quarterly payments Beginning from the time of their Entrance upon their Respective Offices Viz. To the Govern'" : for the time being 200^ To the Cheife Justice for the time being 60£ To the Attorney Generall for the time being 40i To the Secretary at our Province for the time being 40^ And to Landgrave Griffiths Secretary of our Board so much as amounts to 40£ in England & in Like Manner for all Such Arrears as are due to him. The rest of what you receive You are to Dispose of as You shall from time to time be Directed by us. You are to yo-": Selfe after the rate of Tenn ^ Cent of all Monies Goods & Merchan- dizes of ours You shall Receive & Dispose of According to our order You are to Receive from the Execute": of Coll: Moore Late receiver Generall Deceased as also from all other p-'sons what- soever yt have reed any of o"" rents or Revenues all Such monies as are due to us. In Yo"^: acc^: you are to keep y« severall Articles of Purchas Money apart by themselves together w^^ : an Ace* : of the Date of the Month & in what Year the Land was Sold The Severall Articles of Monies recev'd for the rents of Lands You are likewise to keep Separate & Apart by them Selves in Yo"^ : Rent Roll & to Distinguish how much of the same was due at Midsummer 1705 & how much Monies was receiv'd as Due after that Midsumer only. And this you must distinguish in all Yo"": Accounts You are to Present Yo-" : Account to the Govern"^ & three of our Commissioners for Auditing y« Same on every three Months & oftner if required To be Examined & Approved of by them According to the forme prescribed in our Commission to the Govern"-: & Trustees of the Eighteenth of June 1702 And at such the Times of their passing Yo-" : Accounts The Money that shall 198 remaine due to us You are to produce at the board before them And the said Money we doe Direct shall be put up in Baggs & Tyed up & Sealed under the Respective Commissioners Seals And that the said Moneys So Sealed up in baggs Be in the p^'sents of o'" said Commissioners put up in a Strong Chest for that Use par- ticularly to be provided yv^^ : Six Different Locks to y« Same & but of one Key to each Lock which Six keys are to be kept by Yc : Selfe & the rest of the Commissioners Viz^ One key only by each p'son That thereby our said Moneys may be Immediatly ready to Answere all Such orders as we shall Give about the Same or Bills that wee may Draw thereon. You are always to Transmitt Yo"" : Accounts to us So approved by our Commissioners by the next Respective Shipps w*^*' : an Account also of our Cash in Bank In all the Foregoeing Matters & whatsoever is of Consequence You are to take the Direction & Advice of the Govern"^ : & three of the said Commissioners & in the absence or Death of the said Govern^ : of four of the said Commissioners Given at S* : James's Under our hands & Scales this Eight day of March 1706/7. Granville Palatine (Seals) Craven (Seal) Granville for Lord Carteret (Seal) J Colleton. (Seal) By his Excellency's the Lord Palatine & Rest of the Lords proprietors Command James Griffiths Landgrave of port Roy'^ : Sec^y. Recorded Octob-- : 27*^ 1707 ^■"i me Geo : Evans Depty. Sect. His Excellency John Lord Granville Palatine the R*: Hon'''«: William Lord Craven the R*: Hon^'^. John Lord Carteret the Hon'^''': Maurice Ashly Esq"". S'": John Colleton Barronet John Archdal Esq'': & the rest of the true and Absolute Lords Pro- priety of the Province of Carolina to our Govern'' : & Dep*'^^ : in our S'^: Province of Carolina & to all Wliome it may Concern Send Greeting Whereas the Hon'^'e: John Wick Esq"": now resi- dent from her Majestic of Great Brittain at Hambourg and Some time Since Secref^y of our S^. Province of Carolina was by Let- 199 ters patients under y« great Seal of our S^: Province beare- ing date the fourth day of March One Thousand Six hundred Ninety & Nine Created a Landgrave of our S'l; Province & by the S^: Letters Pattents forty Eight Thousand Acres of Land Ware granted to the S-^: John Wick & his heirs for Ever And Wliereas one Edward Willimot Lately Deceased in our S«^. Province Returning from Hambourg to England was by y^ : S'l : John Wick Eecomended to us to Succeed him in y^. S^: Office of Secretary of our S'^: Province to w'^'': Office y^ S^^: Edward Willimot at y^ request of the S'^: Wick was accordingly admitted And Whereas he y^ S'i. Edward Willimot haveing by Som Indii-ect means & wt^out y^ privaty of the S<^ : John Wick got into his hands the S'l. pattent granted to the S^ : John Wick for y<^: LandgTaveshipp & Lands aforesaid He the S'^ Edward Willimot in gi-eat abuse of the Kindness & Recomendation of him made unto us by the S^. John Wick Intending great wrong & prejudice to the S^ John Wick & to put a most Notorious Abuse & Imposition upon us the S'^. Pallatine & Lords Proprief^ most falsly & ffraudulently did Sugest & Pretend that the S*^ John Wick had Conseted & agreed to Surrender & deliver up his S*^ : pattent in order that a New Grant thereof might be obtained from us the S^^: Pallatine & Lords Propriet" unto the S<^: Edward Willimott for him & in his own proper name & Right & the S'^: Edward Willimot in prosecution of his S'^ Wicked designes did deliver & give up unto us y« : S'l : Pallatine & Lords Proprief^ y^ S'^: pattent granted as aforesaid to the S'^: John Wick & besought us to grant a new pattent to himself & in his own name & right in Lieu of y^ : S'l : Pattent of the S^^ : John Wick for the Landgraveshipp & Lands aforesaid then delivered & given up unto us by him the S*^ Edward Willimot as aforesaid Whereupon Wee haveing no Suspition or Mistrust of the Noto- rious fraud and Cozenage that was designed and Caried on by the S'*: Edward Willimot against the S'^ John Wick who was then & is Still Resident & in her Majesties Sarvice at Hambourg did order A Pattent to be granted according to y« prayer of the S'' Edward Willimot who Wee are informed did afterwards Cary y^ Same into our S<^. Province of Carolina and Whereas it doth most Manifestly appear unto us that the Said John Wick did never agree or consent to Surrender or deliver up his S'^: pattent for the Landgraveshipp & Lands aforesaid but that the Same was delivered up Unto us by the S'^: Edward Willimot 200 w*^out the privity or knowledge of the S"^ : John Wick merely to Cheat & deceive him the S'^ : John Wick out of his S^ : Patient and rights thereby granted which Cheating and fraiidiilant Pro- ceedins of the S*^: Edward Willimott are Contray to all Equity and Justice And Whereas the Said Pattent granted to the S'^: John Wick was never Legaly Surrendered unto us And the Same doth yet remaine Uncancelled and Intire under the great Seal of our Province as when it was first granted And Whereas the S*^ : John Wick upon detection of the most notorious Fraud of the S'^ : Edward Willimot dad pray to be Relived in the premisses against ye : S"^ : Edward Willimot And that he y^ : S^ : John Wick might be maintained in his Right and title to the Said Landgraveship and forty Eight Thousand acres of Land to him granted us afore- said Avhich wee Holding and adjudgeing to be Just & Equitable as allsoe that the Said Edward Willimot (Who is Since Dec^d:) Should be brought to Condigne Punishment for his S*^: Cheat Fraudulent practices & Impossition Wee therefore the S<^ : Palla- tine & Lords Propriet" afores'^: haveing Plxamined & taken the p^'mises into our Meture & Serious Consideration for Remedy thereof Doe Adjudge Order & Decree that the S<^: Patent Granted as aforesaid to the S'^: John Wick & his Heirs for A Landgraveshipp and forty Eight Thousand acres of Land in our Province of Carolina Be Good & Valid And that the Same is & doth remaine in full force & Virtue to all Intents & purposes Whatsoever according to the Tenour Thereof & that the S'^: John Wick & his Heirs Successively Shall and may have hold and Enjoy y'^ Name Stile title Dignity and Honour of one of the Landgraves of our S*^: Province of Carolina and all the p''he- minencies Rights & Previledges to the S'^: Honour belonging togeather w^^^ the S^: fourty Eight Thousand acres of Land according to the true intent & Meaning of the S*^. Leters Pattents Anny Act or thing done by the Said Edward Willimott or any other person or persons to the Contrary thereof in any wise Not- w'^'^standing & Wee doe hereby further adjudge & decree the S"^. Letters Pattents obtained by the Said Edward Willimot by Notorious fraud & Circumvention as aforesad to be Null & Void & of none Effect as if the Same had Never been Made ore Granted And Wee do Strictly Charg & requre our Govern"- & dep'y" : in our S'^ : Province of Carolina to ask demand & take the Sd. Letters Pattents Soe fraudulently Obtaned by the S<^ : Edward Willimot from Such person or ^sons as hath or have the Same 201 And the S*^: Letters Pattents at their Coimcil Board in our S^ Province to Cancill & destroy & allso to obliterate Strike out & Eraze all & Every Entry order & direction Whatsoever Made Registered Entrd or Written in any of the Records Books or Publick Entry es of our S*^. Province for upon or Concerning the S'^. Letters Pattents So fraudulently Obtained by the S'^ : Edward Willimot as aforesaid & all & every our Commissioners for y«: time being for Sale of our Land of our S'^. Province are hereby Injoynecl and required not to grant any of our S'^: Lands to any person or persons Whatsoever under Colour or pretence of any right or title Clamed or derived from or under the S'^ Edward Willimot by virtue of the S*^ : ^Letters pattents as af ores*^ : And our Govern'' & our Dept'*^ are to Cause this our order & decree to be Registered & Entered on the Records of our S** : Province & to See that the Same be fully & duely observed Given under our Hands & the great Seal of our said Province this first day of Sep* : One Thousand Seaven hundred & Seaven. Granville Palatine By his Excellency y« : L'^ Craven Pallatine & Lords Prop" Granville for L'^ Carteret Commands James Griffiths J Colleton Landgrave of Portroyall Secretary The Hon'^'^: S"": John Colleton Barr': one of the true & absolute Lords Propriet" : of Carolina To the Hon^ie; Thomas Broughton Esq"": Whereas it is appointed by the Lords Propriet'^'' of Carolina in their fundamentall Constitutions & rule of Government that Each of the Lords Propriet" Shall name a Dep*y : to be his representa- tive in the Gen" : Assembly & Councill of Carolina I out of the trust & Confidence I have in the Wisdom Prudence & Loyalty of you the S= Thomas Broughton Do hereby Constitute & appoint you the S'^= Thomas Broughton to be my Dep^y; dureing my Pleasure in that part of our S^. Province of Carolina as Lies South West of Cape Fear With full power to act & Exercize all Such Powers & Authorities as to a Lord Proprietors Dep^^: do belong and I hereby revoak & make Null & void all former Depu- tations by me granted for the S'l. Dep'^ship Given und"": my Hand & Seal this Twentieth day of October 1707 By Command James Griffiths J Colleton (Seal) Landgrave of Portroyall Secrefy. 202 Whereas by the antient & fundamental Constitutions each of the the Lord Proprief^^: of Carolina has power in his Absence from thence to Commissionate & appoint his dep^^, in the respec- tive Governm^® : w^^ dn the S'^. Province Wherefore I John Arch- dale Esq'' : out of the assurance I have of the Integrity prudence & Loyallty of you Richard Berisford Esq"": do Constitute & appoint you the S^: Richard Berisford my Dep'^: in the Gov- ernm* : of South Carolina to Act for me & my person to represent as a Depty; in that Governm*. in all Cases whatsoever that Shall happen w*^in the S^ : Governm* : this power to Continue dureing^ pleasure Given under my Hand & Seal this 18'^ day of October 1707 Recorded in the Sect^'y^: Office Jo: Archdale the Second day of December 1708// TVliereas by y« : Antient & f undamentall Constitutions each of the Lords Propriet^^ : of Carolina has power in his absence from thence to Comissionate & appoint his Dep'^y; in the respective Governm*^ : w^^ :in the S*^ : Province AVheref ore I Nicholas Trott Esq"^ : out of the Assurance I have of the Integrity prudence & Loyallty of you Thomas Smith Esq"": one of y^: Landg"^^: of Carolina do Constitute & appoint you y*^: S^^: Thomas Smith Esq'': my dep^y in y^, Govemm*: of South Carolina to Act for me & my person to represent as a Depty. in that Governm* : in all Cases w^hatsoever that Shall hapen w*'^in the S*^: Governm*: this power to Continue dureing pleasure given under my Hand & Seal this Second day of October 1707 Recorded in the Secret" : Office the Nicholas Trott Second day of December 1708 ^ Whereas by the Antient and fundamentall Constitutions Each of the Lords Propriet'^: of Carolina has power in his absence from thence to Impower & appoint his Dep'y; in the respective Governm*®: w'^^in the S'^: Province South Carolina "Wlierefore I Maurice Ashley Esq"": out of the assurance I have of the Integ- rity prudence & Loyalty of you Cap* : Geore Smith do Constitute & Appoint you the S^ : George Smith my deputy in the Gov- ernm*^ : of South Carolina to Act for me & my person to represent as a dep*y : in that Governm* : in all Cases Whatsoever that Shall happen w*^in the S^: Governm*: this power to Continue dureing 203 pleasure Given under my Hand & Seal this 30"' : day of Sep* : Anno: 1707/ Recorded in the Secref^y^ : Office M Ashley (Seal) the Second day of Decern'' 1708 Whitehall May y« 7*'' 1707. My Lords Her Majesty having been graciously pleased by her Com- mission under y^ great Seal of England to Authorize and Con- stitute us, together w''' : m'" : Stepney, her Commissioners for pro- moting ye trade of this kingdom and for inspecting and improv- ing her Plantations in America and elsewhere wee have thought fitt to acquaint y''. Lordships that it is her Majesties Pleasure and Express Command y*. y^ Govern" : of all her foreign Plantations, do from time to time give unto us frequent & full information of y*^ State & Condition of their respective Goverments and Plan- tations as well w''' : regard to y^ Administration of y^ Goverm* : & Justice in those places as in relation to y^ Commerce thereof, And more particularly that y'= Said Governours transmit unto us Yearly Accounts of their Said Administration by way of Journal, Which y''. L'^iShip's will therefore please to Direct that Such acc*^: be Sent us accordingly in relation to her Majesties Pro- vince of Carolina. Particularly we desire to be informed wdiat number of inhab- itants there are within that whole Province Wliat of ffreemen, & what of Servants White & Black? To what degree are those Numbers increased or decreased within five years last past? What is ye whole number of y^ Militia of that Province? ^¥h'a.t Commodities are Exported from y*. Province to England ? What trade is there Either by Exportation or importation with any other place? and from whence is that Province now furnish'd with Suppleys (particularly of any Manufactures) that is wont to be furnished withal from England? How and in what ^ticulars is y^ trade of that Province increased or decay'd of late years? & what hath been y^ reason of Such increase or decay? What are y^ p^'sent methods used to prevent Illegal trade and what further methods are thought adviseable for That purpose? What number of Ships or other Vessells are there belonging to y*. Province ; and w*^. number of Sea faring men. 204 Recorded in y^ Secret'^: Office this Day of Aprill 1709 ^ me What number & w*^. Sorte of those Vessells have been built there ? What manufactures are Settled in y'. Province of anj^ Sort what- soever To all which Enquiries wee also further desire may be added what ever else y^ Governour of Carolina may in his owne pru- dence think Conducive to their Majesties Service to the Interest of England and to y^ advantage of that particular Province. An Act having been past y^ Last Sessions of Parliament for a perfect and Entire Union of j^ two Kingdoms of England and Scotland, We Send y^ L«^ :Ships one of y^ Said Acts, That it may be published in y^ most Solemn manner in the Province of Caro- lina, And that y" : may take notice that Scotchmen are thereby to be looked upon for y^ future as Englishmen to all Intents & purposes whatsoever. We are My Lords Your Lordships most hum'^'s; Servants Stamford Darmouth Herbert Ph: Meadows J Pulteney R. Monckooy S"" — Nathaniell Johnson and Gentlemen The Great and Pious worke which y". have gone through w*'^: Unwearied and Stedcly Zeale, for y^ honour & Worship of almighty God, Wee have also finally perfected on our part; and our ratification of that act for y^ Errecting of y^ Churches, together av^'' : duplicates of All y^ dispatches Wee forwarded to You by Cap': fflavell, You will also herew'^'^: enclosed receive; and likewise Shall Send y": Our patent restoring John Wick Esq'" : to his Landgraveship in our Province, and we direct y" : to take up, and Cancell y^ Late m'' Willimots Patent and to Send y^ Same So Cancelled to us by y^ next Conveniency, The Said Willimots most notorious Cheat about m"": Wicks Patent being Manifestly Detected. We have received y^ enclosed letter from y^ Commission''* : of trade desireing an account of y^ State and Condition of our Pro- vince, which we desire y". to draw up with all Convenient Speed that we may lay y^ Same before them. And of which we do not doubt but y". will be able to give a Very good account Inclosed we 205 Send y". y^ act for an Union of y« two kingdoms of England & Scotland, that it may be published through Our Province of Carolina Wee have thought fitt in Case of y^ decease of S"". Nath^' : John- son (to whom wee wish long life & health) to provide for y^ good Governm* : of our Province, And herew"^ : transmitt to y". our order (that when y*. Case Should happen) To y": our Dep- uties to Choose a Govern'^ : of our Province out of y'^ : Owne number, And we assure y*. wee Shall not be wanting at any Oppertunities to giA'e all due marks of our favour to y" : Wee are S*. James's lO'^'i; Gentlemen Sep"^: 1707 Your most Aifectionate ffriends Postscripsit Granville ^ Palatine What monies Shall remaine Craven due to us (the Charges of y^ Granville for I/: Carteret Goverment deducted) wee de- J. Colleton sire y" : to Send us by Cap*. Cole ' Recorded in y^ Secref'y^ : Office this Day of Aprill 1709 "^ me By His Excellenc}^ John Lord Granville Palatine and y^ rest of y^ true and absolute Lords Prop" : of The Province of Caro- lina. To Our Deputies for y^ time being att our Province of South Carolina. AVee the Palatine and Lords Proprief^ : of y^ province Aforesaid For y« due Care preservation and happy Government of our Said Province of Carolina Have thought fitt in Case of y^ decease of y^ Hon^'^: S'': Nathaniel Johnson Knight Governour or upon y^ decease of any future Govern'^ : of our Said Province And in Case there be no Commission at Carolina Under our hands and y^ great Scale of our Said Province Constituting and Authorizing a Person there to take upon him the Immediate Goverment of our Said Province That then and in Such case And we do hereby Authorize direct & Appoint Our Deputies for y^ time being at our Province aforesaid upon y^ decease of Such Governour aforesaid To meet w^^^ : all conven*: Speed, And at their board to proceed & make Choice of one of themselves to take upon him y^ Immediate Goverment of Our Said Province and Such person of our Said Deputies as shall so by y^ Majority 206 of Votes be Chosen Governour of our Said Province Wee do hereby direct to take upon him the Administration of y^ Gov- erment of our Said Province, Giving and hereby granting to Such Deputy Soe Chosen Governour as aforesaid full power and Authority to doe use Exercise and Enjoy all Such powers and Authorities And to doe Execute and Performe all Such things and things whatsoever As a Governour of our Said Province may Lawfully doe, Untill we y^ Said Palatine and Lords Prop^^^ : afore- said Shall by Letters Patents Under our hands and the Great Seale of our Said Province Either further Confirme and Estab- lish Such Deputy So Chosen Governour to be and continue Gov- ernour of our s*^ Province or Otherwise Constitute & appoint Some other ^Son Governour of our s^. Province of Carolina As to us Shall Seem meet. And Wee doe hereby revoke Repeal and make null and Void all former Orders Instructions and Rules whatsoever made or Appointed or Contained In Certaine In- structions to Philip Ludwell Late Governour of our Said Province Deceased Or made or appointed In the Time of his Goverment of our Province afores'^: Relateing to y^ Premisses abovesaid As if Such Clause Article Matter or thing in y<= Said Instructions had never been made. Given at S*^: James's Under our hands and Seals this Tenth day of July 1707 — To Our Deputies at y^ time being in our Province of Carolina By his Excellency y^ Lord (S) Granville |. Palatine Palatine And L'^^ Proprietors Craven (s) Commands James Griffiths (s) Granville for L^^: Carteret Landgrave of Port Royall J Colleton (S) SeCy/ Recorded in y^ Secref^^: Office this Day of Aprill ^ me S"" — Nath'i : Johnson and Gentlemen AVee herew^^ : Enclosed Transmitt to y" : a letter directed To your Selves and the assembly which w^^^: our most hearty Com- mendations Wee desire You will lay y^ Same before them The which amongst other things Will acquaint you of the decease of the Lord Granville Our late Palatine, And that he is Succeeded in the Palatineship by his Excellency The Lord Craven Wee are in daily Expectation of Your Letters and Publick Acts forwarded to Lis by Cap*^: ffavell and wee Shall be ready to 207 Joyne w*'' : you in all Such good Laws as may be Consistent with Our honour and Perogatives And Conductive to y*^ wellfare of the Province And Generall good of 3^^ People. Wee have Considered y*^ Case of William Smith, Hatter Lying under Sentence of Death in our Province and on your represen- tation and intercession in his Behalfe And having Considered his Case Wee have resolved to give him his pardon Which wee Shall forward to y". by y^ first Oppertunity. The Reverend M'. Johnston avery worthy Divine of the Church of England having Sailed to You by Cap^ : Cole, Wee hope That According To my Lord Bishop of Londons recommendation You have chosen him y'. Minister for Charles Town And wee Desire you to Shew him all Favour and Respect upon all Occasions, And wee doubt not but our province will be Very happy in So good a Man Wee are Gentlemen Craven house Your most Affectionate Friends 2d. March 1707/8 Craven, Palatine Beaufort G Carteret For my Son L*^ : Carteret Recorded in the J Colleton Secrefys . office this Day of Aprill 1709 ^ me S"" — -Xathaniel Johnson and Gentlemen Wee are Sorry this must bring y". y« Melancholy Account of y^ Decease of Our Bro"^. Propriet' : and Palatine the Lord Granville, who dyed on the third of December last And is Suc- ceeded in his Proprietorship by his Grace y^ Duke of Beaufort. You are to pass all y"". acts for y^ future in y'^ name of his Excellency William L^^: Craven Whom wee have Unanimously Chosen our Palatine And wee Earnestly recomend to you To provide all Such good Laws and Indulgences as may Tend to y^ Wellfare and Honour of our Province. The Encouragment of Strangers to Come and Settle with y": And y^ Liberties Peace and Prosperity of your Selves and Your Posterities And wee 208 Assure you That on our part Wee have no Other Aime Then To render You a Most Flourishing and Happy People Wee Rest Gentlemen Craven house Your most affectionate 2d. March 1707/8 Friends To our Governour Deputies Craven Palatine and Assembly at Charles Beaufort G. Carteret Towne in S°. Carolina For my Son L*^. Carteret M : Ashley Recorded in y^ Secref^y^ Office J Colleton this Day of Aprill 1709 P me T Hepworth D S Whitehall Aprill the 15*^ : 1708— S-— Sometime since, the Queen was pleased to refer to Us a Peti- tion relating to y^ trade to Africa, Upon which wee heard what the Royall African Company & y^ Seperate Traders had to offer & having otherwise informed our Selves in y^ best manner we could of y^ present State of that Trade, We laid y*' Same before her Majesty. The Consideration of y*^, trade came afterwards into the House of Commons, and a Copy of our report was laid before the House, but y^ Session being then too far Spent to Enter upon a Matter of So great Weight, and other buiseness intervening, no progress was made therein hower it being abso- lutely necessary that a Trade So beneficial to y^ Kingdom, Should be Carried on with the greatest Advantage, there is no Doubt, but y« Consideration thereof will Come early before y« Parliament at their next meeting and as y^ well Supplying of y^ Plantations & Colonies with Sufficient Numbers of Negroes at reasonable Prices, is in our oppinion, y^ Chief point to be con- sidered in Regard to y^ trade & as hitherto wee have not been able to know how they have been Supplyed by y*^ Company or by Separate Traders, otherwise than according to y^ respective Accounts given by them, which for y^ most part are founded upon Calculations made from their Exports, on one Side and y^ other, and do differ so very much that no Certaine Judgment can be made upon those Accounts. Wherefore that wee mav be able at the next meetina: of the Par- 209 liament. to lay before both houses when required, an exact & Authentick State of that trade, particularly in regard to the Severall Plantations & Colonies, We do hereby desire you, that upon y^ receipt hereof you do informe your Selfe from y^ proper Officers, or otherwise in y^ best manner y". Can, what numbers of Negroes have been Yearly imported directly from Africa into Carolina Since y^ 24^^^ of June 1698 to y*^ 25th. of Dggr. 1707 & at what rate ^ head they have been sold each year one with another, distinguishing y« number that have been imported on account of y*^ Royall African Company, and those which have been imported by Seperate Traders, as likewise y« rates at which such Negroes have been Sold by y^ Company and by Seperate traders Wee must recommend it to your Care, to be as exact & diligent herein as possibly you can, and w^^: the first Oppertu- nity, to transmitt to us such accounts as aforesaid, that they may arrive here in due time as also duplicate by y^ first Conveyance And that we may be y^ better able to make a true Judgment of y^ Present Settlement of that trade, we must further recom- mend it to you to Conferr w"^ : Some of y^ principall Planters & Inhabitants within your Government touching that matter & to let us know, how y^ Negroe trade was Carried on, and y^ Province of Carolina Supplied with Negroes, till y« year 1698. When that Trade was Laid open by x\ct of Parliament, how it has been Car- ried on and Negroes Supplied Since y*. time, or in what manner they think the Said Trade may best be managed for y^ Benefit of the Plantations. Wee further desire you will inform us What number of Ships if any, are employed from Carolina to y^ Coast of Africa in y^ Negroe Trade, and how many Separate Traders are Con- cerned therein. Lastly, Whatever accounts y" : Shall from time to time Send us, touching these matters of y^ Negro Trade, We desire that y^ Same may be distinct and not intermixed with other Matters, And for y^ time to Come, y". do transmitt to us y*^ like half yearly accounts of Negroes, by whom imported And at what rates Sold; the first of Such Subsequent Acc^^: to begin from 14— H. c. 210 Christmass 1707. to which time those now demanded are to be given. So we bid you heartily farewell P S Your very Loving Friends Wee Expect y^ best account Stamford you can give us, with that Ex- Herbert pedition w'^**. the Shortness of Ph: Meadows time requires. J Pulkney R. Monckton Recorded in y^ Secrefy^ : Office this Day of Aprill 1709 ^ me T Hepworth His Excellency William Lord Craven Pallatine the most Noble Henry Duke of Beaufort the R* Honor^'^^ : John Lord Carteret Maurice Ashly Esq"": — S"" — John Colleton Barronet John Dan- son Esq'' : and the rest of the true and absolute Lords Proprietors of Carolina To Henry Wigington Esq"^: send Greeting Wee being well Assured of the Wisdom Prudence & Integrety of you the Said Henry Wigington Have thought fit and doe by These presents During Our pleasure Constitute and appoint You the Said Henry Wigington Secretaiy of that part of Our Province of Carolina That is Scituated South & West of Cape Fear hereby Authorizing You and giveing You full Power to be present at all Meetings of the Palatines Court and Grand Councill and also to take and keep an Exact Register of all their Acts and Orders & also to Receive from the Surveyor Generall all Certificates of Lands by him laid out & Surveyed According to the Warrants Issued by the Person or Persons Wee have Impowered or Shall hereafter Impower to Grants Such Warrants And to j)repare Such Lease or Leases Conveyance and Assurances of Land as by Our Listructions is or hereafter Shall be Directed which being Signed and Sealed by Such Person or Persons we have or here- after Shall Commissionate So to doe You Shall carefully Inrole the Same and doe and performe all other Acts and things as heretofore have been usually done or ought to have been done by any former Secretary whatsoever in that part of our Province aforesaid with full Power Licence and Authority to take and receive Such Sallaries Fees and Perquisites as to the Said Office belono;; Given at Craven House under our hands and the Great 211 Seale of our Pr ovince this Eleventh Day of December one Thousand Seaven hundred & Eight X X Craven Palatine Beaufort ( Locus ) Craven for the J: Colleton ( Magni Sigilli ) Lord Carteret J Danson ( Carolina? ) M: Ashley M : Ashly for Joseph Blake Recorded In the SeC-y* Office this 19'^: day of Aug^t : 1709/ ^ me T Hepworth D SeC^ Instructions to Henry Wigington Esq^ Secretary of South Carolina. X X X X X You are to take into Your Custody All Those Records that have been used to be kept by our Secretarys And the Severall Instructions and Powers for Granting of Land together also with all our Commissioners Instructions and publick Letters that heretofore have or hereafter Shall be Sent by Us to Be Entered in a Book for that purpose particularly kept and also to Note downe the time when the Said Letter or Order was Read at the Councill Board or Parliament; XXX You are alsoe in a Book for that Use Provided Exactly to Register all Warrants Issued out to the Surveyor Generall for the admeasuring out of Land to any Person and the Surveyor Generalls Returne You are to Enter Against the Said Warrant and in the Warrant to the Surveyor Generall you are to Incert the names of Such Persons to whome the Said Land is Granted Co])ies of w^^: you are to Send Us Duely that Wee may See how Our Said Land is disposed of. "When any Patents under our hands and the Great Seal of our Province are Produced to You ; You are to prepare Conveyances for the Lands therein Mentioned pursuant To the Tenour of our Said Originall Patents for the Same X X You are to Take Care that our Rules for the Granting Setting out and Bounding of Land be observed & that no Greater quan- tity of Land be Granted to any Persons then our Instructions Direct or Shall hereafter Specially Direct, X X X X You are as Soone as possible to Send Us an Account of all the Grants made for Lands in Carolina The Dates of the Same What Number of x^cres to Avhome what Rent & in what Countv & 212 Parish And You are to make a Eent Eoll of all Lands as Shall from time to time be Granted from y^: time of Your Entring upon Office and to Send Us Copies of the Same by all due Con- veniencies. X X X X You are also to Keep a Distinct Register of all Orders of Judgments of the Governour & Councill & in another Book all Acts Votes Journalls of Parliament of all aV^''. you are to Send Copies to Us Signed by Your Selfe by the first Ships that Shall be coming for England. XXX Lastly You are once in every year to make up a List of the Civill and Millitary Officers in Our Province with the State also of the Same And You are to Transactt all and Singular other thing & things whatsoever as to the Said Office does belong and has heretofore been Used to be done or ought to have been Done Given at Craven House Under our hands and Seals this Eleventh Day of December 1708 :/ Craven Palatine (X) J Colleton (X) Beaufort (X) J Danson ( X ) M : Ashley ( X ) Recorded In the SeC^y^ Office this 19'^ day of Aug^' 1709 ^ me T Hepworth D Sec^y AVhereas S"". John Colleton Barronett one of the True and Absolute Lords Proprietors of our Province of Carolina Is by Warr*: held and Possessed of a Certaine Plantation or Tract of Land Commonly Called or Knowne by the Name of the Mul- berry Containing by Estimation Four Thousand ffour hundred Twenty and Three Acres of Land and Lying upon the Westerne Branch of the T of Cooper River Wee the Palatine and Lords proprietors of the Province Aforesaid Doe by these presents think fitt to Acquitt Discharge and Release and Accordingly by These presents have Acquitted Discharged and Released the Said S''. — John Colleton his heirs Executors Administ": and assignes of and from All Rent and Arreares of Rents whatsoever Due to Us to the' Date of These Presents for the Said ffour Thou^ sand ffour hundred Twenty & Three Acres aforesaid And Wee* hereby Injoyne and require Our Govern"": and Commissioners for Sale of Land for the time being That Upon any Persons Produce- ing before them an Assignement or Conveyance under the hand & Seal of S"-. John Colleton of his Right &" Title to the Said ffour Thousand ffour hundred Twenty & Three Acres to Such Persons .7/ xr-'i^"-'*- ♦Y^y ii-sj^*?.- /-^-^'.^ .w ^^ ^'^y^^W'<<^ .^V^> /A-/^^.?/>^ ^.f/-' (/' ,^/ /♦,.♦, -y,/*. .<■■».*/ /Ae^-.i/ju- /.'.'///////'« ^< ^ 7'*-' . i, //.//.„'////>, .i-Z-.-^.r/vvv /Mvyr>/,"V^.' .v^^/ArAH s. <- (^/ ■ t u / *I ft€.y^r^d>.*^r f|. :.v; ,v>' (/^ C 213 and his heirs That our Said Governoiir & Comission''^ Afores'*. Doe forthwith Grant a Patent in Fee of the Said ffoiir Thousand ffour hundred Twenty & Three Acres to Such the Assignee of the Said S"". John Colleton Such Said Assignee Yielding & paying for y^ Said Land to Our Use After y^. — Rate of Twenty Pounds a Thousand Acres Purchase Money & Tenn Shillings Yearly Aclaiowledgement the Same to Commence from y« : time of Such Patent Given at Craven House under our hands & Seals this Eleventh Day of Decemb'': — one Thousand Seven hundred & Eight./ Recorded this J: Colleton (X) Craven Pallatine (Seal) 30th . (Jay of Beaufort ( X ) Augst : ^. J : Danson ( X ) M : Ashley ( X ) Henry Duke of Beaufort one of the True and absolute Lords Proprietors of the Province of Carolina X To Fortescue Turberville Esq"" : Whereas it is Agreed by the Lords Proprietors of Caro- lina According to the power granted to them by their Charter bearing Date the 30'^: day of June in y'^: 17*^: Year of the Reign of King Charles y^ : 2^ : That each of the Lords proprietors Should name a Deputy to be his Representative in the General Assembly and Council of Carolina I out of the Trust & Confi- dence I have in the prudence, Wisdom & Loyallty of You the Said Fortescue Turbervill do hereby Constitute and Appoint You the Said Fortescue Turbervill to be my Deputy during my Pleas- ure in that part of Our province of Carolina, that lies South and West of Cape Feare wdth full Power to Act and Exercise all Such powers and Authorities as to a Lord Propriet". Deputy do belong, and which are Consonant to Our Said Charter and the Laws there passed and Confirmed by Us, Given under my Hand and Seal this IV^': Day of March anno Dom: 1708/9: X X Beaufort (seal) His Excellency William Lord Craven Pallatine the most Noble Henry Duke of Beaufort, The Right Honourable John Lord Car- teret, The Hon^^'e : Maurice Ashley Esq-" : S"". John Colleton Bar- onet, John Danson Esq'^: And the Rest of the true and Absolute Lords Proprietors of the Province of Carolina X X To Fortescue Tuberville Esq'' : For as much as it appears to Us 214 by Complaints and otherwise that Severall Unlawfull and Indi- rect means and Devises are dayly put in Practice in Our Province of Carolina to the great Prejudice of Titles and Estates and to the Disherison of many of the Inhabitants under Our Care for want of a Due and Lawfull Power for the Probate of Wills and Testaments and for the Granting Letters of Administration of the Estate of Persons Intestate for the better Settling therefore of the Inheritance by Wills, and for Preventing Such Frauds and Violences in time to come. Wee being Well AssurM of your Knowledge & Ability have thought fitt to Authorize, Commis- sion and Appoint You the Said Fortescue Turberville, And We do by these Presents Authorize Commission and Appoint You the Said Fortescue Turberville, To take the Probate of all Wills and Testaments in Due form of Law in that part of our Province that Lie^s South and West of Cape Feare, and Also to Grant Letters of Administration of the Goods, Chattels, and Credits of Such Persons as Shall Dye Intestate to the Widdow, or next of Kin by Legall Right that Such Persons So Administring may in all points Represent the Person of the Intestate as Lawfully as any Executor can the Person of his Testator Testamentarily. And We Do hereby Give & Grant to You the Said Fortescue Tuber- ville full Power Authority & Jurisdiction to Judge Decide and Determine all Maters and Controversies Relateing thereunto, and to Register, or to Enter upon Record all Such Wills and Testa- ments as Shall be Proved before You, And all Such Letters of Administration as Shall be Granted by You, and to take Such Fees, Perquisites and Profitts for the Same as to You by Legall Rights can in any wise belong or Appertaine Saving Always to Our Govern"^: of Carolina Such Fees and Perquisites as have been usually Received by Former Governours. Given at Craven House under our Hands and the Great Seal of our Province of Carolina This Sixteenth day of May Anno Dom : 1709 : Craven ( Locus ) Pallatine Beaufort ( Magni Sigilly ) Craven for y^ L M: Ashley: ( Carolina ) Carterett J : Danson. J: Colleton M: Ashley for Joseph Blake Recorded y^ : 5**1 : day of September me. 215 His Excellency W"^: Lord Craven Palatine The most Noble Henrv' Duke of Beaufort The Right Honourable John Lord Carteret Maurice Ashley Esq"^. S"". John Colleton Barronett John Danson Esq"". And the Rest of the True and Absolute Lords Pro- prietors of Carolina. To William Saunders Esq''. Send Greeting Wee being well assured of the Care, Prudence and Ability of you the Said William Saunders have made Constituted, Author- ized and Appointed, And by these Presents Doe Make Constitute Authorize and appoint you the Said William Saunders to be (dureing Our Pleasure) Attorney General! of that Part of our Province of Carolina that lies South and West of Cape Feare therein to Act, Plead, Implead, Sue and Prosecute all and every Person & Persons vvrhatsoever, for all Debts, Fines, Amercia- ments, Forfeitures, Escheats Claims and Demands whatsoever which now is or may or Shall be Due and in Arrears to Us upon any Account whatsoever whither Rents, Revenues or otherwise howsoever. And to Prosecute all Matters Criminall as well as Civill Giving and hereby Granting unto You full Power and Authority in the Premises therein to Deal Doe Execute and Per- forme in as large and Ample manner to all Intents and Pur- poses as to the Said office of Attorney Generall doth in any way Appertaine & bellong. And wee Do further by these Presents Constitute Order and appoint You the said William Saunders to be (during our Pleasure) Advocate Generall of the Said part of Our Province of Carolina To Sue Implead and Prosecute in the High Court of Admiralty in the Said Part of our Province of Carolina in all Matters as well Civill as Criminall To have hold and enjoy The Said Office of Attorney General and Advocate General of the Said part of our province of Carolina, And all Liberties, Priviledges Perquisites, Fees and Profitts whatsoever thereunto Incident or belonging. And Wee do hereby Revoke and Make Null & Void all Former Commissions Granted for the Said Offices. Given at Craven House under our Hands and the Great Seal of our Province of Carolina, This Eleventh Day of Decem- ber 1708: X Craven ( Locus ) Palatine Beaufort ( Magni Sigilli ) M: Ashley J: Colleton ( Carolina ) J: Danson Recorded in y^ Secretarys office this 5^^: day of September anno Dom 1709 : 39 Me 216 His Excellency W™ Lord Craven Palatine The most Noble Henry Duke of Beaufort, The Eight Honourable Joh Lord Carterett, Maurice Ashley Esq'': S^: John Colleton Barronett John Danson Esq'', and the Rest of the True and Absolute Lords Proprietors of Carolina. To Nathaniel Sale Esq'': Send Greet- ing. To all to whome These presents Shall come Know yee That Wee doe hereby dureing our Pleasure Appoint Constitute Authorize and Impower You the Said Nathaniell Sale To be Receiver Generall of that part of our Province of Carolina That lyes South and West of Cape Feare and also to be on our behalfe And to Our Use Receiver of all our Monies and Dues whatsoever and of all our Rents in that part of our Province aforesaid with full Power & Authority in our Names to Aske Demand Sue for Leavie Require Recover Distrain for and Receive the Said Rents & Dues and to Give Acquittances and other Discharges for Us and In our Names for Such Summes as you Shall Receive by Virtue of these presents and to Doe and Act all other thing & things w^soever That Wee our Selves might Legally doe in order to the Recoveiy of the Said Rents and Dues as well in Arreare or that Shall become due before our Repealing or Vocateing this present Commission by Some Writing under the hand of the Palatine and Three more of the Lords Prop''^. & the Great Seal of Our Province Published and Recorded in the Secretarys office There And for what Rents and Dues You Shall Receive You are to be Accomptable to us And dispose of the Same as You Shall be Directed by Us And We Doe hereby Make Null and Void all former Commissions Granted for the Said office, Given at Craven House under Our hands and the Great Seale of our Province of Carolina This Eleventh Day of December one Thousand Seven hundred and Eight XXX Craven ( Locus ) Palatine Beaufort ( Magni Sigilli ) M: Ashley J: Colleton ( Carolina ) J: Danson Recorded in the Secretarys office this 5*^: day of Septemb'-. 1709 ^ me Instructions for Nathaniel Sale Esq'', our Receiver Generall of South Carolina We herewith Deliver to You a Commission to be Receiver Generall of that part of our Province of Carolina That lies South and West of Cape Fear 217 1 To Receive to our use all Dues and Rents Fines and Forfeit- ures That of Right belong to Us W^: Commission as also these Instructions You are to Get Registered in the Secretary's office in our Said Province. 2 You are to Informe Your Selfe by all means you can what Fines have been Sett upon any Persons for Misdemeanors in any of our Courts & to Receive the Same to our use and in Case of the Deniall of Payment to Use all Lawfull means for the Recov- ery of the Same. 3 You are to take into your Possession our Share of Wrecks Ambergrease and all Such other things as of Right belong, to, us 4 You are to use all posible Diligence to Informe your Selfe of all Lands That have been Granted to any Person whatsoever in That part of our Province in which you are to Observe those particulars viz^ How much Land each Person Does possess in what Parish & in what County By what Rent, \Yhither by Twelve pence ^ 100 Acres or Penny ^ Acre, what any Person is in Arrears and if Above Twelve Months to order our Attorney General! to Summons them & on Failure of Compliance proceed to Prosecute them for Recovery of the Same. X 6 =^ = All which you are Regularly to Forme into a Regular Rent Rolle and Regularly to Enter into your Roll Booke & in like manner all Lands that Shall hereafter be Granted And to Transmitt a Coppy thereof to Us once every Year. 6=You are out of our money's Dues and Rents You Shall Receive as Aforesaid To pay to the Respective Officers for the time being as hereunder mentioned their Respective yearly Salaryes without any pretence whatsoever by Even Quarterly Payments Begining from the time of their Entrance upon their Respective offices viz*^:! To the Govern '■; for y^: time being Two hundred pounds yearly X X To the Cheife Justice for the time being Sixty pounds Yearly. X To the Secretary for the time being Forty pounds yearly XX To the Attorney Generall for the time being Forty pounds Yearly X And To Richard Shelton Secretary at our board So much as Amount to 40£ : Sterling X X X X 7 = The Rest that You Receive you are to Dispose of as you Shall from time to time be Directed by Us. 218 8 = Yon are to take to your Selfe after the Eate of 10 ^ Cent of all Monies Goods & Merchandizes of ours You Shall Receive & Dispose of According to our Order X 9 = In Your Accounts you are to Keep the Severall Articles of Purchase Money apart by themselves together w^*^ an Account of the Date of the Month and what year the Land was Sold. X X 10 =z The Severall Articles of Monies Received for the Rent of Lands You are likewise to Keep Seperate and apart by them- selves in Your Rent RoUe and to Distinguish how much of the Same was Due at Midsummer 1705. and how much money was Received as Due After that Midsummer only And this you must Distinguish in all your Accounts XXX 11 = You are to Present Your Accompts to The Governour and Three of our Commissioners for Auditing the Same once every Three Months and oftner if Required to be Examined and Approved by them According to the Forme usuall And at Such the Times of their passing Your Accounts The Monie that Shall Remaine Due to Us Shall be Continued in your Custody. That thereby our said monys may be Always ready to Answer all Such Orders as We Shall give about the Same X X iBF"!^ := You are Also to Enquire what forfeiture Estates there are of Fellons, or of Persons dying Intestate, and leaving no Heirs & of right Escheat to us and take the Same into Your Possession XXX il^"13 = You are Alwayes to Transmitt Your Accounts to us So Approved by our Comissioners by the next Respective Ships with an Account also of our Cash in Banke X X 14 =r: In all the Aforegoing matters and whatever is of Conse- quence You are to take the Direction and Advice of the Govern'". & Two at least of the Commissioners, Given at Craven House under Our hands and Seals this Eleventh Day of December 1708 : 15 r= You are before Your Entry into Your Said office to take the Oaths Appointed by Act of Parliament instead of the Oaths of Allegiance and Supremacy & the Test, and the Oath of Fidelity to the Lords proprietors, and the Oath for the Due Execution of Your Place and Trust. Recorded in the Secretary's^ office this 1^^^ : day of Septem- ber anno Dom : 1709 : ^ me T Hepw Craven Palatine (Seal) Beaufort (X) M: Ashley (X) J: Colleton (X) J: Danson (X) 219 His Excellency William Lord Craven Palatine The most Noble Henry Duke of Beaufort y^: R^ Hon'-i^ie. joh^ Lord Carterett Maurice Ashley Esq"" : S"" — . John Colleton Barronett John Dan- son Esq'': And the Rest of the True & Absolute Lords Prop": of Carolina, To Edward Hyrne Esq"": Send Greeting Wee out of the Trust and Confidence We have & Repose in Your Care, Pru- dence and Ability have made Constituted & Appointed And by these presents doe make Constitute and Appoint You the Said Edward Heirne to be Navall Officer of that part of our Province of Carolina that lyes South and West of Cape Feare Hereby Requiring; & Impowering you to take Entrys of all Shipps or Vessells Inward bound to or Outward bound from that part of our Said Province of Carolina To have & to hold the Said office of Navall officer (dureing our Pleasure) together with all Fees Perquisitts and profitts to the Said office Appertaining And wee Doe hereby Revoke and Make Null & void any former Commis- sion by Us Given for the Said office Given at Craven House under our hands and the great Seal of our Province of Carolina This Eleventh Day of December one Thousand Seven hundred and Eight./ Craven ( Locus ) Palatine Beaufort ( Magni Sigilli ) M : Ashley J: Colleton ( Carolinee ) J: Danson Custome House London 21 : March 1708/9 : Cha:ClarkessClk: Entred Record in the Secretaiy's office this 14*'': day of September 1709 :/ ^ me The Right Hon>-We: William Lord Craven Palatine The most Noble Henry Duke of Beaufort & the rest of y^. — Lords Prop'"^ of the Province of Carolina./ To Colonel Edw^. — Tynte Govern'', of our Said Province or to our Govrn''. for y^. — time being./ Whereas Colonel Thomas Colleton did heretofore Purchase a Barrony together with Several Thousand Acres of Land Adjacent to Cooper River within our Province Aforesaid which Said Baroney and Lands are by mean Descents Legally vested in 220 M'". — Peter Colleton And whereas the S'^. — Peter Colleton is inclined to dispose of the Said Baroney & Land to Several pur- chasers who are Desirous that y^. — Said Land may be Divided into Severall Parcells Accordingly. We therefore being willing to comply w^'^: all Such Reasonable desires & Requests as Shall be made to us & that tend to the Satisfaction of j"" : — Inhabitants of our Province Aforesaid do hereby Authorize & direct You our Said Govern"', (the old Patent for the said Barony & Lands being first Delivered up into Your hands to be Cancell'd) to Cause Such Grants to be Prepared & passed whereby the Severall & Respective Purchasers Reserving the Quitt Rents to Us & our Heirs According to y^. — Custom of our Province Aforesaid & for So Doing this Shall be Your Sufficient Warrant Given under our hands & Seals this 14"^ : day of aprill 1709 Craven Palatine (Seal) J: Colleton (Seal) Beaufort (X) J: Danson (X) M Ashley (X) Recorded in the Secretary's office this 24^^^: day of Septemb"-: 1709 ^ T Hepworth D SeC^ South Carolina Septemb-" : 1^* : 1709 : May it please Your Lordpps. This day we your Lordships Govern"^ and Council had a Petition prefered to us by M"". — John Galliard a Gent : of Santee, Setting forth that he has been for Severall years a quiet & Peace- able Inhabitant here, but being of Late frequently Trespass'd upon by Troublesome Neighbours one Stephen La Roux & Lewis La Roux who being as often by him forwam'd from Such Con- tinued Trespasses, was at last Pursued & threatned by the Said Galliard but not a blow Struck nor further Damage done this La Roux presented at y^. — Grand Sessions in October Last & M"". — Galliard was indicted & found guilty of a Trespass & Asault & Your Lordspps: Chief Justice Sett a fine of 20^: upon him to j'our Lordpps use M''. — Gailliard being a French Gentleman & not at all understanding the Course of Proceedings in our Courts of Judicature, did nott at y^ — Sessions bring down, any Evidence in his Justification, w*^^ : he alldges he then could have done (if he had known it had been Necessary) & proved him- self y^. — person injured. The Case Appearing to us to be hard upon M^ — Gailliard, and La Roux an unease Neighbour, & 221 Seeing wee can find no Power we have from y^ — Lordspps to Eemitt Fines have thought it reasonable to Suspend any further Proceedings ag^*. M"". — Galliard for his Said fine, till your Lordpps: Shall be Pleased to Signify your Pleasure to us, whether y«. — Said Fine Shall be Levied upon y^ Said Gailliard or remitted him by your Lordpps wanted Goodness & Gene- rosity; So wishing Your Lordspps all Health & Happiness. We Eemaine Yo"". Lordpps. Most Obedient Kecorded in the Secretarys Humble Serv^^: office this 24th . Septemb'- : 1709 N Johnson : Geo, Smith South Carolina The R': Honourable S'': Nathaniel Johnson knig'. — Govern"": — of South and North Carolina And the Rest of the Lords Pro- prietors Deputyes whose Names are here Under written — To The Hon "-We ; Rob* : Gibbes,, Esq-" : Whereas Nich*^: — Trott Esq"": the Pres*^: Cheife Justice of the Province of South Carolina is now Bound on a Voyage from this Province to London And AYliereas it is Necessary in Order to Prevent Delay of Publick Justice that Sum fitt person be appointed to officiate in the Said office of Cheife Justice Now know Yee that we Reposing Espetiall Trust and Confidence in y^ : ability Care Prudence & fidility of you y^. Said Rob* : Gibbes Have Ordained Constituted and appointed and by these Presents do Ordained Constituted and appoint you y^. Said Rob'. Gibbes by the Name and Stile of Cheife Justice of y^. Please or Judge of that part of the Province of Carolina that Layes South & West of Cape ffear To Have Hold and Detarmine all Please as well Civill as Criminal and these relating to the Publick Revenues and all other Please whatsoever arising & happening within y^. Said part of y^. Said Province of Carolina Giving and hereby Granting unto you the Said Rob'. Gibbes full Power & Authority to doe perform and Execute all acts Matters & things whatsoever within y«=. Said part of y«. Said Province v,^^^: to y^: office of Cheife Justice of the Please doth in any wise Appertaine or Belong in as Large and Ample Manner to all Intents & Purposes as any Cheife Justice or Judge of her Majesty's English Plantations in America may Lawfully doe To Have and to Hold y^ — Said office of Cheife Justice of the Please and Judge together with all 222 fee's Perquisets Priviledges Immunities & Casualties Belonging to the Said Office from the day next after the Departure of the Said Nich°: Trott from this Province untill he the said Nich°: Trott Shall againe arrive in the Said Province Unless we the Granteese or Sum other Superiour Power Shall otherwise Direct. And we do hereby Commend all Officers and all other Per- son's whatsoever On any wise Concerned to make Notice of this Grant and give due Obedience to you y^ : Said Kob* : Gibbs in the Execution of the Said Office During your Continuance in the Same Given Under our hands and the Publick Seale of the Province this Third day of October In y^. Yeare of our Lord One thousand Seven hundred and Eaight. N Johnson Geo Smith Tho Broughton Richard Beresford South. Carolina. William Lord Craven Palatine Heni-y Duke of Beaufort, & y«. rest of the Lords Proprief^^ of y^. — Province of Carolina in America : | To Colonel Edward Tynte Our Govern'", or to our Govern"", for y^. time being of y^ part of our Province of Carolina y*. lies South & West of Cape Feare. Whereas Land grave Edward Juckes has fully Satisfied Us of his Intentions & Designs to carry over with him and import into our Said Province a considerable number of Planters Handicrafts Artificers & other Persons at his own Proper Cost and Charges & we being Desirous to give all Due Encouragements to all ^sons who Shall any ways Promote y^. Intrest & good of our Province afores''. — Do hereby require & Command you to Cause to be ameas- urVl & Set out to y^ Said Edward Juckes & his Heirs 2000 acres of Land according to y^ Eules Customs and LTsages of our Province Afores'^. & you are to give Directions y^ y^ Usual grants for y*^ Same may be passed to him and his Heirs accordingly reserving y«. Quitt Rent of two Shillings Yearly to us our Heirs & Assignes for Ever & for So Doing this Shall be Your Sufficient Warr^ Given under our hands 223 & Seals at Craven House this 19*''. day of April Anno: Dom: 1709. Craven Palatine (Seal) J Colleton (Seal) Beaufort (X) J Danson (X) M : Ashley ( X ) Recorded in y*^. Secretarys Office this 26"\ day of Jan'-y. 1709: H Wigington Secref^ Gulielmus Dominus Baro de Craven Carolinse Palatinus reliquiq ejusdem Provincial proprietary Omnibus Officiarijs Ministris liberisq hominibus quibuscunq intra eandem Pro- vinciam Salutem Cum serenissimus Carolus secundus nuper Angli.T rex qui id unum in animo habuit, id unum semper Stude- bat, omnia summa oper moliri qua^ in bonum publicum cederent ; ex singulari Favore suo et Gratia et pro consueta & nativa ilia sua Honitate Nobis dedit et concessit una cum provincia Caro- lina?, potestatem Status, Gradus, Tit\dos, Dignitates & Plonores ibidem constituendi : percupidi nos met ad Pientissimi regis Exemplum componendi, hujusq Yestigia adamussim insistendi, et cumanimis nostris serio reputantes, nihil prius in exequanda justa ilia potestate a nobis fieri, nulla majora incrementa Res publico not ita pridem instituta? excogitari posse [secundum religiosissimum Supremi Huminis Caltum] quam Homines optime de Rejoublica, et bonis omnibus meritos ad dictos Gradus & Hon- ores evehere Titulisq cohonestare, quorum Virtus Domi Belliq clare enitescit, Quumq in suumo honore apucl omnes Gentes habiti fuere. qui Actium Bellicarimi scientissimi alios etiam in eisdem disciplinis eradire, eosq pariter in omni Patriae discrimine, sive intestino, sive ab exteris, ad earn fortiter et strinue tuendam suo exemplo excitare possunt Sciatis igitur quod nos uti justum ipsius promeritorum pretium Edvardum Juckes at Statum, Gradum, Stylum, Dignitatem, Titulum et Honorem Landgravi Provincia? Xostra^ Carolina? ereximus prseficimus & creavimus ipsumq Edvardum Juckes Landgravum Tenore prsesentium eri- gimus prteficimus et creamus, Virum fortem et impigrum omniq disciplina militari exercitatissimum, Concilio a?que ac manu promptum : quibus Virtutibus etiam par accedit Moclestia Morumq imiocentia : Qui viginti plus numis a'tatis sua? annis Militise exactis, algorem, sestum, inediam, vigilias, labores et pericula omnia summa animi constantia consueta habuit, qui in 224 profligandis patriae hostibiis non modicam sibi Armoriim glo- riani conquisivit ; post enim midta alia faciiiora in Hibeniia alibiq praeclare gesta, cruentissimo isti prsetio Hookstadiensit interfiiit et feliciter meruit. Eidemq Edvardo Juckes Nomen, Statiim, Gradum, Styhim Titidum Dignitatem et Honorem Land- gravi imposuimus, dedimus et pra^bnimus Et per prsesentes pro nobis Hseredibus et Successoribus Nostris imponimus, damus et pra^bemus Habendum et Tenendum eadem Nomen Statum Gradum Stylum Dignitatem Titulum et Honorem Landravi una cum singulis Juribus prfeeminentijs privilegijs et immunitatibus ad eandem dignitatem pertinentibus eidem Edvardo Juckes et Ha'redibus suis in perpetuum Volentes ac per prsesentes Con- cedentes pro Nobis Successoribus Nostris quod prsedictus Edwar- dus Juckes et Haredes sui prsedicti Nomen Statum Gradum Stylum Dignitatem Titulum et /Honorem Landgravi succes- sive garent, habeant et possideant et eorum quilibet habeat gerat et possideat et per nomen Landgravi vocentur et nuncupentur et orum quilibet vocetur et nuncupetur Quodq idem Edwardus Juckes et Hseredes sui prsedicti successive Landgravi in omnibus teneantur et reputentur et eorum quilibet tractetur et reputetur, necnon gaudeant et utantur et eorum quilibet quadeat et utatur omnibus et singulis juribus, privilegijs, pra^eminentijs et imunita- tibus ad Statum Landravi in omnibus rite et jure pertinentibus In cujus rei Testimonium has Literas Nostras sub magno sigillo nostro Carolinse fieri fecimus Patentes Datas per manus nostras decimo quarto die Aprilis Anno Orae Christianse 1709. J Colleton ( Locus ) Craven Palatine John Danson ( mag-ni Sigilli ) Beaufort M Ashley for Joseph Blake Craven for y« Lord Carterett Maurice Ashley His Excellency William Lord Craven Palatine The most Noble Henry Duke of Beaufort, The Eight Hon'^'^'^r John Lord Car- teret the Hon'"bie: Maurice Ashley Esq"". S'". — John Colleton Baronet. John Danson Esq^ & the Rest of the True & absolute Lords Proprief^^: of the Province of Carolina To Our Trusty and well beloved Coll : Edward Tynte Governs of South & North Carolina Send Greeting Wee the Said true and absolute Lords Proprietors of the Province afore Said Reposing Special Trust and Confidence in the Courage, Loyalty and Prudence of you Our Said Governour Do hereby Constitute and appoint you the 225 Said Coll: Echvard Tynte diireing Our Pleasure Govern'': of our whole Province of South & North Carolina and you are to Do & Execute all things in due manner that Shall belong to your com- mand or the Trust We have Reposed in you According to y^. Severall Powers and Directions Granted and Appointed you by this present Commission and Our Instructions have by Such further Powers and Instructions as sliall at any time hereafter be granted & appointed you under our Hands and Seals According to Such reasonable Laws and Statutes as Already have been Ratifyed and Confirmed by Us or hereafter Shall be made & agreed upon by you with the Advice & Consent of Our Deputies and Assemblies of Our Said Province or any part thereof wherein there is a Distinct Govern'', and We Do hereby further Impower constitute & appoint you our Said Governs To be Admiral Captain General & Commander in Chief of all the Forces Raised or to be Raised both by Sea and Land within Our Said Province and Over them to Appoint a Lieutenant General or Lieutenant Gener'* : Vice Admiral or Vice Admiralls both in South & Xorth Carolina And over Such Forces Afores^^. to Appoint all Officers whatsoever and them to amove and Remove at your Will & Pleasure and to Cause the Said Forces to be Exercised in Arms as often as you Shall See fitt And We hereby Give you full Power and Authority to Appoint Gov- ernours & Lieutenants & Other Officers as Avell of our Town and Citadell of Charles Town as of all Other Castles. Forts & all other Places Fortifyed or to be fortifyed within Our Said Province and to Do all Other things as to a Captain General or Command'': in Chief doth belong. And We Do hereby further Authorize and Impower you by and with the Advice & Consent of any four of Our Deputies and General Assembly to Repeal or alter any Laws w^soever in Our Said Province as Shall be thought fitt to be changed & to Enact all Such reasonable Law's & Statutes for the better Goverm*. of our Said Province as you w"'. the Advice & Consent of any four of Our Deputies & the General Assembly Shall think fitt and Expedient Provided Such Laws be not Repugnant to the Laws of England Nor In- vading of any the Perrogatives Royall Granted to us by Our Charter & We Do hereby Authorize & Impower you in Case of your Departure from thence to Appoint a Deputy Govern'". & Governours in South or North Carolina w*^. Such Powers as you Shall think Necessary Provided the Same to be agi'eeable 15— H. C. 226 to & Do not Exceed those by us Granted to your Self, & to con- stitute & Appoint all and Singular Officer & officers in & for the Goverm'. of Our Said Province Dureing Your Pleasure & the Pleasure of us the Lords Proprief"^. and We Do further give you full Power and Authority with the Advice and Consent of any four or more of Our Deputies to Grant & Sell Our Lands in Fee both in South & North Carolina after the Rate of Twenty Pounds for every One Thousand Acres and w*^. the yearly Quitt Rent or Acknowledgment for ever to us & Our Heirs of Ten Shill Payable for Such One Thousand acres & also to Sett & Lett our Lands not Exceeding Six hundred & forty Acres to any One ^son in that part of Our Province called South Carolina Reserving Only One penny yearly for each Acre & in north Carolina Reserving only One half penny for Each Acre to us and our Heirs for ever and We hereby Impower you to Escheat Lands & afterwards to Lett it for Rent or Sell the Same for our use, Lastly We Do hereby Revoke Repeal and make void all former Commissions Whatsoever by Us Given to any former Governour or President of Our S^. — Province of Caro- lina or any jjart thereof Given under Our Hands and the Great Seal of our Province at Craven House this Ninth day of Decem- ber One Thouand SeAen hundr'd and Eight Craven for y^ Craven Palatine ( Locus ) Lord Carteret Beaufort ( Magni Sigilli ) M Ashley J Colleton J Danson M Ashley for Jos : Blake Read In Councill and Proclaimed in Granvills Bastion Saturday ye 20^'! . Qf Novemb'' : 1709 — and Recorded In the SeC^^ Office this 8th . ^r^y of jm^e x^o Domi 1710 p^ Henry Wigington Secrefy South Carolina The Honi^'e : Edward Tynte Esq"". Governour Admiral Capt" : General and Commander In Chief of the whole Province of South & North Carolina Confirmed By Her Majesty In Council the Day of To the Hon-^bie. Edward Juckes Esq"^: Deputy Govern'': of North Carolina. 227 In Especial confidence of your prudence and good Conduct bv Virtue of a Power to me Given under the Hands And Seal of the Province of Carolina Dated at Craven House the Tenth day of December 1708 By his Excellency William Lord Craven Palatine The most Noble Henry Duke of Beaufort The R*. Hon'W'^: John Lord Carteret the Hon'-bi^; Maurice Ashley Esq^: Sr__ John Colleton Barr^. John Danson Esq^: And the rest of the True & absolute Lords Propriet". of the Province of Carolina I Do hereby constitute and appoint you the Said Edward Jucks Esq'.' Dureing my Pleasure to be Deputy Govern'': of the Province of North Carolina and you are to Do & Execute all things in Due manner that Shall belong to your Command or the trust Reposed in you According to the Several Powers and Directions Granted & appointed you by this present Commission & my Instructions & by Such further Powers and Instructions as Shall at any time hereafter be Granted & appointed you under my hand & Seal according to Such Reasonable Laws and Statutes as already have been Rati- fied & confirmed by the Lords Proprief^^ : or hereafter Shall be made & agreed upon by you w^^. the Advice & Consent of the Deputyes & Gener^. Assembly's of the Said Province & I Do hereby further Impower Constitute & Appoint you my Said Deputy Govern'- : to be Lieu*. Gener' : & vice Admiral of all the Forces Raised or to be raised both by Sea & Land w^^ i^ the gd _ Province of North Carolina & Over Such Forces aforesaid to appoint all officers whatsoever & them to Amove & Remove at your AVill & Pleasure & to Cause the Said Forces to be Exer- cised in Arm's as often as you Shall See fitt and I hereby give you full power & Authority to appoint Deputy Govern'^. Lieut^ and other Officers of all Castles Forts & all Other places fortifyed or to be fortified w^i^in the Said Province & to Do all things as to a Lieu*. General or vice Admiral doth belong And I Do hereby Authorize & Impower You by & with the advice & Consent of any four of the Deputies & General Assembly's to Repeal or Alter any Lawes whatsoever in the Said Province as Shall be thought fitt to be Changed And to Enact all Such reasonable Lawes & Statutes for the better Government of the Said Province as you with the Advice & Consent of any four of the Deputyes & General Assembly's Shall think fitt & Ex- pedient Provided Such Lawes be not Repugnant to the Lawes of Eno-land nor Invadeing of the Prerogatives Royal Granted to 228 the Said Lords Propriet". by their Charter and to Constitue and appoint all & Sin^ilar Officer and Officers in & for the Governm^ of the Said Province & I do further give you full Power & Authority with the Advice & Consent of any Three or more of the Deputyes to Sell Lands in fee for & at y^: yearly Rent & paym^ of one penny per Acre in the Said Province called North Carolina & also to grant & Sell Lands in fee at ten pounds per every Thousand Acres & w^^^. an yearly Quitt Rent or Acknowl- edgment for ever of five Shill & so in proportion of any greater or Smaller Quantity of Land & I doe hereby Impower you to Escheat Land & Afterwards to Lett it for Rent or Sell y« Same for y'^. — Use of the Said Lords Propriet'^'^ : Given under my hand & Seal this Day of 1710— William Lord Craven Pallatine Henry Duke of Beaufort, John Lord Carteret, Maurice Ashley Esq'':, S'',, John Colleton Baronet, John Danson Esq'",, & the Rest of the True & Absolute Lords Prop'^%, of the Province of Carolina, To the Hon'We^^ Charles Craven Esq^. Greeting. We The Lords Prop'"%, of the Province Aforesaid Reposing Spe- cial Trust & Confidence in the Integrity Prudence & Conduct of you the Said Charles Craven Do by these P''sents Constitute & appoint you the said Charles Craven Dureing Our Pleasure to be Secretary of that part of Our Province of Carolina that lies South & west of Cape Fare^ — Hereby authorizing you & Giving you full Power & authority to be ^""sent at all meetings of the Govern'',, & Councill & of the Assemblyes & to keep an Exact Register of all their Acts Proceedings & Orders & also to Receive from the Survey^, Generall all Certificates of Land by him Sett out and Surveyed According to the Warr^^, to him Directed, and to Draw up all Such Leases Conveyances or Assureances of Land as you Shall from time to time by us or by the Govern'',, w"'„ the Consent of four or more of y'',, Deputies be Directed, & when they are Legally Sign'd & Executed You Shall Carefully Enroll the Same & Do & ^■-„form All Other Acts Usually Done by the former Secretaries of y* part of the Province Aforesaid & We Do hereby further Impower you to Receive all Perquisites, Fees & Advantages whatsoever to the Said Office of Secretary belonging or in any waies appertaining, and We do hereby Repeal, make null & Void all former Commissions for the Said office. Given at Craven House under our hands & the Great 229 Seal of our Province of Carolina this Third Day of September Anno : Dom : One Thousand Seven hundred and Nine. Craven Palatine Craven fo the Lord Beaufort ( Locus ) Carteret J Colleton ( magni Sigilli ) M Ashley J Danson M Ashley for Jos: Blake Recorded in y^ Secretarys office this 31^*,, day of August 1710/ Instructions for the Hon'^'^'^: Charles Craven Esq"".. Secretary of that part of Our Province of Carolina that lies South & West of Cape ffeare. You are to take into your Custody all these Records that have been Usually kept by the Secretary of that part of Our Province/ You are also to See if the Publick Instructions for y^„ Gov- erm^, Sent to Us by Onr Govern'",, have be Recorded, & if you find they are not Recorded you are forthwith to Record the Same together w''^,, oor Warr^^, & Instructions for Granting Land & all other our Publick Instructions, or Letters that Shall here- after be Sent by us, all W^^,, you are to Enter into a Book for that Purpose Particularly kept & you are also to Note v^hen y^.. Said Orders & Instructions were Read in Councill & Recorded There. [ You are also in another Book for that Use provided Exactly to Register all Orders or Judgem'%, of the Govern"",, & Councill, & in another Book all Acts & Votes of Parlim*,, of all w'^'*,, you are to Send Copies to us Sign'd by your Self by Every Ship that Comes to England, or by way of Barbados or Virginia & to Send Duplicates thereof/. You are also in another Book to keep an Exact Register of all Warr*^.. Issued Out to the Surveyor Generall for the Ad- measuring or Setting Out of Land to any Person that Comes there to Plant, and the Surveyor Generalls Return you are to Enter ag^'.. the Said Warr'.., & in Warr'.. of the Surveyor Gen- er".. you are to insert the Names of the ^sons Imported into that part of Our Province Aforesaid for w"^'^.. the Said Land is Granted & in w^^ County the Same Land is Scituated & w^. Number of acres Copies of which & of the Surveyor Gener''®.. Return You are Constantly to Send us That We may See how Our Land is Disposed of — // — You are to Transmit to us Yearly fairly Transcribed a full & Exact Account of all Our Rents what thev mav amount to in the 230 whole ^ annum & what is in arrear for the Same the Perticular Men from whom Due. & what from Each man also what has been Receiv'd, b}^ whom, & how applyxl, & w^. Land, in what County to whom & for what Sold.] And for other Matters Relating to your Said office of Secre- tary that are not herein provided for you are to follow Such orders & Directions as have at any time been Given any former Secretary and W^\. the Governs. & Councill or any four of them Shall think fitt.| You are before your Entry into your Said Office to take the Oaths Appointed by act of Parliament Instead of the Oaths of Allegiance & Supremacy and the Test and the oath of Fidelity to the Lords Propriet'\. and the oath for the Due Execution of your Office & Trust. Given at Craven House under Our Hands & Seal This Third Day of September 1709./ Recorded in the Secretarys Craven Palatine (Seal) Office this 31ts.. Day of M Ashley (X) August 1710/ J Colleton ( X ) Beaufort ( X ) Craven for the Lord Carteret ( X ) J Danson (X) Carolina Ss/ William Lord Craven Palatin read in Council Aug^' y« Henry Duke of Beaufort and 18"-: 1710/ y^ Rest of the True and abso- lute Lords Prop" of the Pro- vince of Carolina in America — M--.— Sale We have received yours of y^ 15*^. of October last & as to Avhat you write Concerning y^ Charges of y^ Sessions wee will take a little time to Consider of it, & in y^ mean time we order you to pay no money but Such as you have Directions to pay in your Commission and Instructions which you Received at this Board from Us. We Do Remember yo"" Request to Us for y^ Registers office of Deeds & Conveyances but we Can give no answer to that, till wee have heard from Our Govern"" M"". — Tynte who was to inform Us of y^ Nature of y*^ Office and if y^ Exe- cuting thereof by you or any other Person would not interfere ^7th ye PoAver & authority already Granted by us to y'^ Secretary of our Province 231 M". Blake as Guardian to her Son has a Right to an Eight part of y^ Profits of a Proprietor Ship but y*^ matter must be adjusted at our Board here & y^ Incident Charges belonging therunto must be DeDucted & whatever Shall appear to be Due to her in y^ Right of her Son when a Dividend Shall be made Shall be Returned or p*^. — to her accordind to her orDer but in the meantime We think it reasonable for her to Pay her Quit= Rents and Purchase Money as other Persons Do To M"- Sale We We lately gave an Order to Permit the Lands belonging to Coll Thomas Colleton's Barony to be Divided, but whether those Lands were ever Purch'^ or not will appear by y^ Records of y^ Province & if theire are no Records to Testify y^ Same they must Pay a Penny an acre till they are Purchased We think it advisable for you to give Publick notice y* all Persons who have already obtained Grants for Lands if they Do not w'^in Six months after Such Publick notice take up y« Lands So Granted it may be Lawfull for any other Person to Take up and PurChase y^ Same The Officers Sallaries & w*: payments You are Directed to make by your Comission & Instructions are to be p^. — out of our Quit Rents but al Moneyes which you Shall Receive for y^ Pur- Chase of Lands & w* Shall Remain of our Quit=Rents after those Payments made you are hereby Ordered to Consigne to Us and to Send them for London by y^ first opportunity every Quarter of a Year in Rice or money Wee rest Your affectionate Friends Craven Palatin Beaufort M Ashley J Colleton J Danson Carolina Ss, William Lord Craven Palatin read in Council Aug' y«= The most Noble Henry Duke 18th. 1710/ of Beaufort and y^ Rest of y« True and absolute Lords Pro- prietors of y^ Province of Carolina in America 232 To Colonel Edward Tynte Our Govern'' or to Our Deputy Governor: for y^ Time being, & to Coll: Tho: Broughton Our Surveyor General of y* Part of our Province that Lyes South & west of Cape Feare We being Informed y* Severall poor Palatines being forceed from their Native Country by y^ Severyty of y^ wars their are Endeavouring to Transport themselves or procure themselves to be Transported into our Province of Carolina and we being fully Satisfyed that nothing Can more promote y^ Generall Good of our Province than y'^ increasing y^ number of y*= inhabitants whereby y*^ Land may be the better manur'd and y^ Product thereof increased We have therefore thought fitt to give our Char- itable assistance to these Poor Palatines and Do hereby authorize Require & Command you to admeasure and Set Out or Cause to be admeasured & Set Out to all Such of y« Poor Palatines y*^ Shall Land in y* Part of Our Province, immediately upon their Arrival to each of them men, women and Children One Hun- dred acres of Land per Head free from any Quit-Rent for y= Space of ten years to be accounted from their Severall and Respective arrivalls in y^ S*^. — province but y*^ after y«= S^. ten years Shall be Expired they are to pay one penny yearly for each acre to us our heirs and Assignes according to y^ usages & Customs of our aforeS^. — Province and you are to give Direc- tions that y« usuall Grants for y« S'^. — Lands be passed to Such Palatines & their Heirs accordingly and for So doing this Shall be your Sufficient Warrant Given under Our hands and Seals this 29th : Day of October Anno Domini 1709/ Craven Palatin (Seal) Beaufort (Seal) M Ashley (Seal) J Colleton. (Seal) J Danson (Seal) William Lord Craven Palatine The most Noble Henry Duke of Beaufort and y^ Rest of y^ True & absolute Lords Proprietors of y^ Province of Caro- lina in America : 233 To Colonel Edward Tynte Our Governor Or to our Deputy Gov* for y^ Time being of y' Part of our Province of Carolina y' Lyes South & west of Cape fare Whereas it Does manifestly appear That Great abuses and w^rongs have been Done against Our Selves & to y<= Prejudice of our Said Colony by makeing Exorbitant & Illegal Grants of the Lands in our Said Province far Exceeding & Contrary to Our Commission & Instructions to Our Govern'^ & officers in Our Said Province we being Resolved to Remedy y^ Same Do Order & agree y' from hence forth no Lands Shall be Sold by any of our agents to any Person whatsoever Except by our Immediate Order but if any Person Shall be Desirous to buy Land in our Province You are to inform them y*^ if they or their agents Shall apply them Selves to our Board they Shall have warrants for Such Lands as shall be agreed for. Given at Craven House under our hands and Seals this 23"^ Day of March Anno Domini 1709/10 Craven Palatine (Seal) Beaufort (Seal) Craven for L Carteret (Seal) M Ashley (Seal) J Colleton (Seal) J Danson (Seal) Carolina Ss William Lord Craven Palatine read in Council aug* Henry Duke of Beaufort & y^ y^ 18th 1710 Rest of y^ true & absolute Lords Prop''^ of the Province of Carolina In America : To Coll Edward Tynte our Governor Or to our Deputy Govern'' for y^ Time being of y* Part of our Province of Carolina y*^ Lyes north & and East of Cape fare Whereas it Dose manifestly appear That Great abuses & Wrongs have been Done against our Selves & to y^ Prejudice of our Said Colony by making Exorbitant & EUegall Grants of y^ Lands in our Said Province far Exceeding & Contrary to our Commission & Instructions to our Govern''^ and officers in our S'*. — Province. Wee being Resolved to Remedy y^ Same for y= future Do order and agree v* from hence forth no Lands Shall 234 be be Sold by any of our agents to any Person whatsoever Except by our immediate order But if any Persons Shall be Desireous to buy Land in our Province you ai^ to inform them y* if they or their agents Shall apply themselves to our board they Shall have warr''^ for Such Lands as they Shall be agreed for Given at Craven House this Fifth Day of January anno Domini 1709/10 Craven Palatin (Seal) Beaufort (Seal) M: Ashley (Seal) J Colleton (Seal) J Danson (Seal) Carolina Ss read in Council Aug^ y^ m^ 1710/ Colonel Tynte We hope by this Time you have Entred upon your Gover- ment of our Province of Carolina We therefore Send this to you and Earnestly require your Endeavours to Reconcile the minds of the Inhabitants to each other y^ y^ name of Parties if any yet Remaines amongst them may be utterly Extinguished for we Can no ways Doubt but the Unanimous Concurrence with our Labours for their prosperity will most effectually render Caro- lina as flourishing a Colony as any in America We think it adviseable for you to Detain Colonel Gibbeses Com- mission for Chief Justice in your Custody till further Order from us, M'' Trotts Commission not being Enter'd as it ought to have been by our former Secretary We were not apprized of y^ manner of it: we Did Consent when you were here y' M'' Sale our Receiver General Should act as m'' Hyrnes Deputy naval officer Do you appoint him to afficiate in y*^ post accrordingly but then M'' Sale Trading as a merchant Care must be Taken y* all vessels or goods wherein M"" Sale or his partners are any ways Concern'd do pay all Such Duties as are required by y^ Laws of Trade & navigations we are Your Friend & Serv'^ — Craven : House Craven Palatin Feb-^y the 9th 1709/IO Beaufort Crarteret M Ashley J Colleton 235 William Lord Craven Palatine the Moste Noble Henry Duke of Beaufort and the Rest of y True and Absolute Lords Proprief^ of the Province of Carolina in America To our Receiver Gen" : for the time being of that parte of our Province of Carolina that lies South and West of Cape Fear We being inform'd that att the time of the death of our late Receiver Gen" : there were Effects of ours in his hands of a Con- siderable Value which he intended to have returned to us Accord- ing to the directions to him formerly by us Given, These are therefore to Command & require you forthwith to send Over his Acc*^ : and Remmitt y^ Ballance thereof in Rice &c : by two of the Next ships y* shall Come for England after the Receipt hereof and you are hereby further Order'd to pay no money to any persons whatsoever [Except y^ ussuall and allowed Salleries of our officers of that parte of our Province as they are metion'd in our late Recever Gen"^ Commission & Instructions unless you have an Express Warr*: for the payment thereof under our hands & Seales P : S : Craven Palatin You are Required not to Beaufort make any payment to the per- Craven for Lord Cartret son in present possion of the M : Ashley Governm* : since y^ death of the J Danson late Govern'': unless you have Given att Craven house this further Orders from us Seventh day of decemb'' : Anno Recorded June 18*^: 1711 Domi. 1710 ^ T. H. D^y Sec>-y— Receved by the hands of M"" Sam" : Wragg this 6''' : day of march 1710/1 William Lord Craven Palatine and the Rest of the True & abosute Lords and Proprief^^ of the Province of Carolina To Coll Edward Tynt our Govern"", or to our Gov- ern'' for the time being of that parte of our Province of Carolina that lies South and West of Cape Fear — Wereas Landgrave Abel Ketleby hath Purchas'd five Thousand Acres of Land of us and paid to us One hundred 236 pounds Purchase mony for the same and we do therefore hereby require and Command you to Cause to be admeasurd and Set out for the use of the said Landgrave Abele Ketleby and his heires five Thousand Acres of Land according to the useages Rules and Customs of our Province aforesaid & you are to give directions that Grants for the same may be passed to Him & his heires Accordingly reserving the Quitt rent of Tenn shillings for every Thousand Acres to be paid yearly to us our heires and Assignes for Ever, and for so doing this shall be y"". Sufficient Warr^: Given att Craven house under our hands and Seales this 9*^^ : day of June Anno Domi 1709 Craven Palatine (Seal) Beaufort— (Seal) M:Ashly— (Seal) J Colleton — (Seal) J Danson (Seal) His Excellency William Lord Craven Pallatine. The most noble Henry Duke of Beaufort Maurice Ashley Esq S"". John Colleton Baronet John Danson Esq And the Rest of the True and Abso- lute Lords Proprietors of the Province of Carolina To Charles Hart Esq Greeting Wee the Lords Prop"^^. aforesaid Reposing Speciall Trust and Confidence in the Integrity Prudence & Conduct of you the Said Charles Hart Do by these presents Constitute & appoint you The said Charles Hart During our pleasure to be Secretary of that part of our province of Carolina that Lies South and West of Cape Fair hereby authorizing you and Givig you full power and authority to be present at all meetings of the Governour & Council and of the assembly and to keep an Exact Register of all their acts Proceedings and orders, and also to Receive from the Surveyor General all Certificates of Land by him set out and surveyed according to the Warr'^^ to him Di- rected and Draw up all Such Leases, Conveyances or assur- ances of Land as y". Shall from Time to time by our order be Directed, and when they are Legally Signed and Executed you Shall Carefully Enroll the same, and Do and Perform all other acts usually Done by the former secrataries of that part of our Province aforesaid, and Wee Do hereby further Implore you to Receive all Perquisites Fees, and advantages whatsoever to the said office of Secretary belonging or In any wise appertaining 237 And Wee Do hereby Eepeale make Null & Void all former Com- missions for the said office. Given at Craven House under our hands and the Great Seale of our Province of Carolina this third dav of January anno Domini 1710=11 X X X X X Henry Duke of Beaufort X one of the True and absolute Lords Proprietors of the Province of Carolina To Charles Hart Esq. Whereas it is agreed by the Lords proprietors of Carolina according to the power Granted to them by their Charter bear- ing Date ye. dO*'^. Day of June in the 7*^^. Year of the Reign of King Charles the second, that Each of the Lords prop'^^ should name a Deputy to be his Eepresentative In the Generall assembly and Council of Carolina. I out of the Trust and Confidence I have In the prudence Wisdom and Loyalty of You the said Charles Hart Do hereby Constitute and appoint You the said Charles Hart to be my Deputy During my pleasure In that part of our pnnince of Carolina That lies south and west of Cape Feare with full power To act an Exercise all Such Powers and uthorities as to a Lord Prop'^ Deputy do belong And wdiich are Consonant to our Said Charter and the Laws there passed and Confirmed by us. Given und'. my hand and seale this 31**. Day of January anno Domini 1710|ill. XXX Beaufort (Seal) Instructions for Charles Hart Esq"". Secretary of that Part of our province of Carolina That lies south and West of Cape Feare. You are To Take In your Custody All those Eecords that have been usually kept by the secretaries of that part of our Province You are also to See if the Publick Instructions for the Goverment Sent by us To our Gov have been Recorded & If You find They are not Recorded you are forthwith to Record the same Together w*'^ our Warr"^ and Instructions for Granting Land, and all other our Publick Instructions or Letters that shall hereafter be Sent by us all which you are To Enter into a Book for that purpose particularly kept & you are also To Note when the said orders and Instructions were Read in Councill and Recorded there. XXXXXXXXXX You are also In another Book for that use provided Exactly to 238 Register all orders Judgements of The Governour and Councill and In another Book all Acts and Votes of Parliament of all which you are to send Copies to us Signed by Your Self by Every ship that Comes to England or by wa^^ of Barbadoes or Virginia and to send Duplicates thereof. You are also in another Book to keep an Exact Register of all Warrants Issued out To the surveyor Generall for the admeas- uring or setting out of Land To any Person that Comes there to Plant and the surveyor Generalls Return, you are To Enter against the said Warrants and in the Warrant of the surveyor Generall You are to Insert the names of the persons Imported Into that part of our Province aforesaid for which the said Land is Granted and in What County the same Land is Scituated, and what number of acres Copies of which and of the surveyor Generals Return you are Constantly to Send us, that wee may see how our Land is Disposed of You are To Transmitt to us yearly fairly Transcribed a full and True account of all our Rents what they may amount to in The Whole and What is in arear for the same the perticular Men from whom Due and What from Each Man, also what has Been Received, by whom and How applyed and what Land and In What County, to whom and for what Sold X X X X X And for all other matters relating to Your said office of Sec- retary that are not herein Provided for You are to follow such orders and Directions as have at any Time been Given any former secretary. And which the Governour and Council or any Four of them Shall Think fitt. XXXXXXXXXX You are before Your Entry into Your Said office to take the oaths apoynted by act of Parliament Instead of the oath of allegiance and Supremacy, and the oaths of Fidelity To The Lords prop'^. and the oath for the Due Execution of Your office and Trust Given at Craven house under our hands & seals this Tenth Day of January anno Dom. ITlO^rll. X X X X X Craven, Palatin O B*eaufort O M Ashly O J. Colleton O Dan- son O His Excellency William Lord Craven Pallatine, The Most Noble Henry Duke of Beaufort John Lord Carteret the Hon.^'^ Maurice Ashley Esq John Colleton Baronet John Danson Esq. And the Rest of the True And absolute Lords Proprietors of the province of Carolina To Colonel William Rhett & To all To whom these 239 Presents shall Come Greeting, Know Ye, That wee Do hereby During our pleasure appoint Constitute authorize & Impower You the said Colonel William Rhett to be Receiver General of that part of our Province of Carolina That lies South and West of Cape Feare, and also to be on our behalf and to our use Receiver of all our Monies Dues and Demands Whatsoever and of all our Rents In that part of our Province aforesaid with full power and authority in our names To ask Demand Sue for Levy Require Recover Distrain for & Receive the said Rents, Dues and Demands and To Give acquitances & other Discharges for us and In our names for such summes as you shall Receive by Virtue of these Presents and To Do and act all other thing and Things Whatsoever That wee our selves might Legally Do in order to the Recovery of the said Rents & Dues as Well already in arears or that Shall hereafter become Due before our Repeal- ing or Vacating This Presents Commissions by some Writting under the hand of the palatine and three more of the Lords prop", and the Great Seale of our province Published and Recorded in the secretaries office, there, and for what Rents and Dues you shall Receive You are to be accomptable to us & Dis- pose of the Same as You shall be Directed by us and Wee Do hereby Revoke make null and Void all former Commissions Granted for the said office. Given at Craven House Under our hands & the Great Seale of our province this Eighteenth Day of January anno Domini 1710=11 XXXXXXXXXX Craven Palatin Beaufort Carteret (broad seal) M Ashley J Coleton Danson Recorded Aug^* V': 1711 ^ T. Hepworth D^y Sec'-y— Intructions for Colonel William Rhett our Receiver Gen'i, ^f South Carolina We herewith Deliver To you a Commission to be Receiver General of that part of our Province That lies South & West of Cape feare To Receive To our use all Dues & Rents, Fines and forfeitures that of Right belong to us, which Commission as also these Instructions You are to get Registered In the Secre- taries office in our s'^. Province X X You are to Inform Yourself by all means You Can What Fines have been set upon any Persons for Misdeamenors In any of our Courts, &, to Receive the same to our use and In Case of Denial 240 of Payment, to use all Lawfiill means for the Recovery of the same XXX You are to Take into your possession our share of Wrecks ambergrease and all such other Things as of Eight belong to us You are To use all possible Diligence To Inform Yourself of all Lands That have been Granted to any Person whatsoever In that part of our province In which you are To observe these Particulars Viz*. How Much Land Each person Does possess, in What Parish, and in What County, by wdiat Rent whither by 12 pence %5 hundred acres, or Penny ^ acre what any Person To in arear, and if above 12 Months To order our attorney General to summons Them and on failure of Compliance proceed to prosecute them for Recovery of the same all which you are Regularly to Enter into your Rolle Book; and like manner all Lands that Shall hereafter be Granted and to Transmitt a Copy thereof to us once a year XXXXXXXXXX You are out of our Monies Diies and Rents You Shall Receive as aforesaid To pay to the Respective officers for The Time being as hereafter mentioned their Respective Yearly Salaries Avithout any pretence whatsoever by Even Quarterly Payments beginning from y^ Time of their Entrance upon their Respective office. Viz To the Governour for the Time being Two hundred pounds yearly To The Chief Justice for y*^. Time being sixty pounds yearly To the secretary for the Time being Fourty Pounds yearly To the attorney Gen", for the Time being Fourty pound yearly And to Richard Shelton Esq. secretary at our Board so much as amounts To Forty Pounds sterling Yearly X X X X X The Rest That you Receive You are To Dispose as j^ou Shall from Time to Time be Directed by us X X X You are To take to Your self after the Rate of 10 ^ Cent of all monies Goods and merchandizes of ours you shall Receive and Dispose of according to our order X X X X X In your accounts You are to Keep the several articles of Pur- chase Money a part by themselves Together with an account of the Date of the month, and in what Year the Land was Sold X X The severall articles of monies Received for the Rent of Lands, You Are likewise to keep seperate and apart by themselves In your Rent Rolle, and To distinguish how much of the Same was Due at midsumer 1705 and hoAv much mony was Received as Due after That midsumer onlv, and This you must distinguish 241 in all your .accounts XXXXXXXXX You are To present Your accounts to y^. Gov. and Three of our Commissioners for Auditing the same once Every Three months & oftener if Kequired to be Examined and approved by them according To the form usuall and at the Times of their passing Your accounts the money that shall Remain due to us shall be Continued In Your Custody that thereby our monies may be always Eeady to answer all such orders as wee shall give about the same You are also to Enquire what forfeited Estates there are of Fel- lons, or of Persons Dying Intestate and Leaving no Heires and of Right Escheat to us, and take the same into your possessions You are always to transmit your accounts to us so approved By our Commissioners by the next respective ships with an account also of our Cash in Bank XXXXX XXXXX In all the foregoing matters, and Whatsoever is of Consequence You are To take the Directions and advice of the Governour & Two at Least of the Commissioners XXXXX You are before your Entry Into your Said office to take the oath appoynted by act of Parliament Instead of the Oaths of alle- giance and supremacy, and the Test and the oath of Fidelity to The Lords Proprietors, and the oath for the Due Execution of your Place and Trust, Given at Craven House under our hands & Seals this Seventeenth Day of January anno Domini 17010/11 X X X X Recorded. Aug^* 1^*: 1711 ^ T- Hepworth D'y Se^y— X X X X X X Craven Palatin Beaufort Carteret o M Ashley o J Colleton o J Danson o William Lord Craven Palatin The most Noble Henry Duke of Beaufort, and the Rest of the True and absolute Lords Proprietors of the Province of Carolina — To the Hon^^'e. Charles Craven Esq"", our Governour and to Colonel Thomas Broughton Our Surveyor Generall of our Province of South Carolina Whereas Richard Hughes hath Purchased Five Thousand Acres of Land of us, and Paid to us one Hundred Pounds Pur- 16— H. c. 242 chase Money for the Same, we Doe therefore hereBy Require & Comand yoii to Cause to be admeasured & Set out for The use of the Said Rieh^. Hughes and his Heirs 5000 Acres of Land Acording to the Usages Rules and Customs of our Province aforesaid, And you are to Give Directions that Grants for the Same may be passed To him and his Heirs accordingly Reserving the Quit Rent of Ten Shillings for Every 1000 Acres to be paid Yearly to us our Heirs & Assigns for Ever and for so Doing this Shall be your Sufficient Warrant — Given at Craven house under our hands & Seales this Twelth Day of February Anno Dom: 1710/11 Recorded Craven Palatin (seal) M: Ashley — (seal) October the Beaufort — (seal) J Colleton — (seal) 2'^: 1711 — Carteret — (seal) J Danson (seal) P me T Hepworth D^y. Secy. — His Excellency William Lord Craven Palatin, The most Noble Plenry Duke of Beaufort, The right Hono^bie ; John lord Carteret, the Hono'"'^''^: Maurice Ashley Esq'': S^ John Colleton Barn*. John Danson Esq''. — and the rest of the true and absolute Lords Prop''^ of the Province of Carolina to our Trusty and well beloved Charles Craven Esq''. Govern"", of that part of our Prov- ince of Carolina that lies South and west of Cape feare we the said true and absolute lords Prop'^^ of the Province aforesaid Reposing Special trust and Confidence in the Courage Loyalty and prudence of you^y^=Said Charles Craven, Do hereb}'^ Con- stitute and appoint you y^ Said charles Craven to be (Dureing Our Pleasure) Govern'', of that part of our j^rovince of Carolina that lies South & west of Cape feare and you are to do and exe- cute all things in Due manner that Shall belong to your com- mand and the trust we have reposed in you According to the Severall powers & Directions Granted and appointed you by this present Commission and our Instructions and by Such further PoAver and Instructions as Shall at any time hereafter be Granted and appointed you under our hands and Seals, and we do hereby further Impower constitute and appoint you our S'^. Govern'', to be Captain Generall, Admirall and Commander in Chiefe of all the forces Raised or to be raised both by Sea and land within that part of our Province aforesaid, & over them to appoint a 243 Lieutenant General or lieu*. Generals in y* Part of our Province aforesaid & over y^ S'^. forces to appoint all officers w*soever and them to amove & remove at yo^". Will & Pleasure, and to Cause the said forces to be exercised in arms as often as you Shall see fit, and Ave do hereby Give you full Power and author- ity to appoint Governours & lieutenants and other officers as well of our Town and Citadel of Charles Town as of all other Castles, forsts, & all other places fortyfyed or to be fortify'd w^^in that part of our s^. p^'.vince and to do all other things as to a Cap^ gener''. or Comander in Chief Doth belong, and we Do hereby Authorize and impower you in Case of yo"". Departure from thence to appoint a Deputy Govern"", and Governours in that Part of our province aforesaid with Such Powers as you shall think Necessary Provided the Same be agreeable to & do not Exceed those by us granted to your selfe, and to Constitute and appoint all and Singular officers and offices in and for y^ Gov- ernm'. of y' part of our said Province During yo"^ Pleasure and the Pleasure of us the lords prop'^* : — Lastly we do hereby Revoake, Eepeal and make void all former Commissions w'soever by us Given to any former Govern"", or president of our Said province of Carolina or any part thereof. — Given at Craven House under our ' hands & y^ Great Seale of our Province of Carolina this four- teenth day of March Anno Dom : 1710-11 Craven Palatin — Recorded In the Secref^ Beaufort — (y« brocl seal) office March the 19— Carteret 1711/2 M Ashley ^ me — J Colleton — T Hepworth J Danson ■ Dep'y Se^y — M: ashley for Joseph blake — Instructions for the Hono'^'^'^: Charles Craven Esq"" Govern"", of South Carolina./ You are with our council to Consider how the trade of that Part of our jjrovince Avhich is Committed to your care may be by y^ most proper and Legal means promoted and advanced and liow the severall usefull and profitable Manufacturers already settled in that part of our said province may be further improved, and how and in what manner New and Profitable Manufactures may be introduced, and you are allso to Consider of the best and most effectual means to Establish the fishery of 244 our s^. p^'vince, & w*. encoiiragemt, is proper for us to give to Increase the same./ You are from time to time to make representations touching y^ Premises to us as y^ nature of the Business shall require, which said Representations are to be in writing and to be Signed by You and the Major Part of the Council. — You are to take care that all Acts of Assemblies that have been confirmed by us, or Our Predecessors be fairly wrote out and Transmitted to us by the first oppertunity: and you are to Examine into, and weigh such Acts of the assemblies as Shall from time to time be sent or Transmitted hither for our appro- bation, and to set down & Represent as aforesaid the Usefull- ness or Mischief thereof to her Majesty's Imperial Crown of Great Britain, to our Province it selfe, or to our Jurisdiction and power Granted to us by the Royall Charter in case such law should be confirmed & established by us, and to Consider w*. matte's. — may be recommeded as fit to be passed in y^ Assem- blies there. — You are to Enquire into and Transmit to us an Account of all Moneies that have been given for Publick Uses by the assem- blies in our Province, and how the same are and have been Expended or laid out. and what persons Do, and how and by* whom they are impowered to Receive the Same.^ — You are by and with the advice and Consent of any four or more of our deput^: to Adjourn, Prorogue and Dissolve the Generall assemb : as often as you shall think requisite so to do — And that there may be no Interruptions or delay in Matters of Prosecut". & Execution of Justice in our Courts of Judicature w*'\in our s^. p^'ovince by y^ Death or removal of any of our Officers employed therein, untill we can be advised thereof, (w^^. advice you are to Transmit to us=: y^= first Opportunity) you are to appoint others to succeed in their places, & you shall make choice of p^'sons of known Loyalty experience, Diligence & fidelity to be Imployd for y^ purposes afores^. untill you shall have our approbation of them, or nominat". of others from hence — /. You are with the assistance of Coll : William Rhett Our present Receiver Generall, and Commissioners appointed for that pur- pose, to take and inspect the Accounts of John Ashby & nathaniel Sale Our late Receivers from y*^ time of their being put in possession of y^ said office and after you have audited 245 & approved the same to attest y^ Accounts According to y^ form Given to Preceding Govern"^^., & Such money as shall be receiv'd for =y^= ballance of Such Accounts you are to take perticular care y' it be transmtted to us, with w*- Convenient speed You can, According as Shall be Directed by Us — You are to take great care that the Indians be not abused, and, Justice be duly Adminis""^ to them in our Coursts, & that you Endeavour your Utmost to Create a firm Friendship with them, and to bring them over to yo"^. part for your better Protection and defence against =y^== enemy =y^= Neighbouring french & Spaniards against whom you are to protect our said Province, & we assure You of our utmost Assistance for your Security. — You are to transmitt to us as soon as you can Conveniently get it handsomely transcribed a full & exact account of Our Yearly Rents; w^ they may amount to in the whole, & y^ Per- ticular men from whom due, & what from each Men also w^ has been receiv'd, by whom, & how applyed & w* land, to whom, & for what sold — , You are to take Care that all Persons may be admitted to Peruse y*^ Publick Record of our Province Provided they make such perusal the Place where =y^= Same are constantly kept and Pay the Customary and Usual Fees You shall Immediately upon Receipt of these presents Issue out your Warr'. to Eight such persons as to you shall seem most proper Viz*, to four of y^ inhabitants of Colleton County & to four of y^ inhabitants of Granvill County to Sound the river of Port Royall & to Examine which is y« fittest Place to fix a town upon & Return the Same into the Notaries office which Return you are to transmit to us as soon as you shall receive the same — Whereas it was agreed at our Board that =y^= office of Sur- veyor Generall of South Carolina wou'd be better Executed by =y^= severall Surveyors of =y^= Respective Counties you are therefore to Direct Such Persons to be the severall Sur- veyors of Each County as to you shall Seem most p^per & y^ each of them shall make Such Returns of =y*^= land they shall Survey. & sett out, & =y^= Quit Rents reserved for =y^= Same into our Secref^^: Office According to =y^= usuall Cus- tome of our Province — And Lastly we Do require you our said Govern'', to Execute & Perform all other things Necessary & Proper for Answering 246 our Intentions in the P' rmisses, & w^'^: shall or may tend to —J^— good Governm^ of our P'':vince afores^.. Given, under our Hands & seals att Craven House this 6^^. Day of June Anno Domi : 1711/ Craven (seal) Carteret (seal) Beaufort (seal) M: Ashley (seal) J Colleton (seal) J Danson (seal) Recorded March y^ 26 1712— ^ T Hep worth Depty Sec^-y.— His Excellency William Lord Craven Palatine, The most Noble Henry Duke of Beaufort, The Right Honoura^: John Lord Car- terett, Maurice Ashley, Esq"". S'". John Colleton Barn^ John Danson Esq'":, and =:y^= rest of the true and absolute Lords Prop''®: of Carolina, to Arthur Middleton Esq'': send Greeting. Wee, out of — y*^= trust & Confidence we have and Repose in yo'' Care ])rudence & ability have made constituted & appointed, & by these p^sents do make constitute & appoint 3'ou =y^= said Arthur Middleton to be a Naval Officer of that part of our Province of Carolina that Lies South & west of Cape fear hereby Authorizing- & impowering you to take Entries of all Ships and Vessells Inward bound to, or outward bound from that part of Our Province of Carolina aforesaid you are to hold the said office of Naval officer dureing our Pleasures & you are hereby Impowered to take such fees Perquisites & Profitts for =y^= Execution of your said office as to you by Legal right can in any wise belong or appertaine, We Do hereby Revoake make null and void all former Commissions by us granted for the said Office Given at Craven House under Our hands and the Great seal of our province of Carolina This 13*^'. X X Day of June Anno Domini One thousand Seven hundred and Eleven./ Craven Palatine J Colleton Beaufort — (the Broad Seal) J Danson Carteret — M : Ashley M: Ashley for Joseph Blake Recorded March the twenty-Eighth 1712 — In the Secret a rys Office ^ Me T Hepworth Dep^y Secy — Instructions to Arthur Middleton Esq"". Naval Officer of that part of our Province of Carolina that Lies South and west of Cape feare 247 You are to take Perticular care of the Principall Laws relating to the PLantation Trade & to inform your selfe of each of them, Viz^ The Act for incourageing & Increasing of shipping & Navigation , made in the 12^^. Year of =y''= Keign of King Charles — y^ Second y^ Act for Preventing frauds & Regulating abuses in =y^= Custom's made in =y^= 14'*^ Year of =y^= said kings Reign the Act for Encouragem*. of Trade made in =y^= 15**^ Year of y'^ Said kings Reign, the Act for regulating the Plantation Trade made in y«. 22 & 23 years of y« Said Kings Reign, the Act for the incouragem*. of y*^ : East Land & Green- land Trades & better Secureing the Rotation Trade made in =y^ 25'^'' : of Said Kings Reign, and =y'^= Act for preventing frauds and Regulating abuses in =y'== Plantat". Trade made in the 7*^ : & 8'^. years of y^ Reign of His late Majesti William the third : & you are to take a Solemn Oath upon your arrivall in our said Province of Carolina, that all the causes Matters & things contain^^ in =y^= before recited Acts of Parliam*. heretofore passed and now inforce relating to Her Majest^^. Colonies & Plantat"^ be Punctually & bonafide observed According to the tnie intent & meaning thereof — You are upon yo"" arrivall in our said prov- ince of Carolina to Acquaint our Govern"" : & Councill there of these yo"". Commission & Instructions and you are immediately to take =y^= Oaths appointed by Act of Parlam'. instead of those of Allegiance & Supremacy, & the Test, & =y^= Oath of fidelity to the Lords proprief*. — our Will is, that You take Entries of all Ships or vessels In- ward bound to, or Outward bound from our said Province of Carolina, that you take Account of their Lading their bottom (if British or no) w^. men Navigated w.^^^all, & all other Mas- ters required of you by y^ Severall Acts of Parliam*. relating to trade and Navigation You are to Obey all Such Instructions and Directions as you shall at any time receive either from us, or from y*^ Comm": of her Majesties Customes in London, or from any other Person or Persons now Acting, or that Shall hereafter Act by her Majesties, Authority, pursuant to, or for the better putting in Execution the severall Acts relating to =y^= Plantations — Lastly you are to transmit Accounts twice in the Year of the aforementioned Entries of Ships & vessels (a form whereof you will find Entred upon Record in our said province) to us the Lords Prop":, and a Duplicate by the same Conveyance to 248 =y^= ComnV"^: of Her Majestys Customes in London for the time being, you are to take especial Notice that all other Laws and Statutes (tho. not Mention^ in these Your Instructions) that any Way relate to trade & Navigation or concerns any of her Majestys P"tations in America must be Duly put in Execution According to the best of Your power. Given under Our hands & Seals at Craven House this 13*^. XXX Day of June An°. Dom: 1711. Craven (seal) M: Ashley (seal) Beaufort (seal) J Colleton (seal) Carteret (seal) J Danson (seal) Recorded March the 28*^ 1712 In the Secretary's O'ffice ^ Me T Hepworth D^y Sec-^y; John Lord Carteret one of the True and Absolute Lords Propriet"^^ : of the Province of Carolina To Arthur Middleton Esq-- :— Whereas it is agreed by the Lords prop''^ : of Carolina, According to the power granted to them by their Charter bear- ing Date =y^= 30* : day of June in the 17*^^. Year of the Reign of King Charles the second, that each of the Lords Proprietors should name a Deputy to be his Representative in the generall Assembly & Council of Carolina. I Out of the trust and Con- fidence I have in the prudence, Wisdom and Loyalty of you the said arthur Middleton, Do hereby constitute and appoint you =ye= said Arthur Middleton to be my Deputy Dureing my Pleasure, in that part of our Province of Carolina that Lies South & west of Cape feare with full Power and Authority to Act and Exercise all Such powers and Authorities as to a Lord Prop' ^ Deputy do belongs and which are' Consonant to Our said Charier and the Laws there passed and Confirmed by Us. Given under my hand and seal this 6**^. Day of June — Anno Domini: 1711. Carteret (seal) S"" : John Colleton Bar*, one of the true and Absolute Lords Proprief^^. of the Province of Carolina — . Read in Councill this 29 Nov : 1709 To Collonel Thomas Broughton Whereas it is agreed by y^ Lords Prop''^ : of Carolina According to the Power Granted to them by their Charter bear- 249 ing Date the 30'^^. day of June in the 17"\ Year of the reign of King Charles the 2'^ — That each of =y'^= Lords prop''^. should name a Deputy to be his Representative in the generall Assem- bly and Councill of Carolina. I out of =y^= trust & Confidence I have in =y^= Prudence, wisdom and Loyalty of you the said Colonel Thomas Broughton Do hereby Constitute and appoint you the said Colonell Thomas Broughton to be my Deputy Dureing my Pleasure in that part of Our Province of Carolina that Lies south & west of Cape feare with full power to act and Exercise all Such Powers and Authorities as to a Lord Pro- prietors deputy Do belong, and which are Consonant to Our said Charter and the law's there passed and Confirmed by Us. Given under my hand and Seal This 14**^. day of April Anno Domini 1709— John Colleton (seal) John Danson Esq'': One of the true and Absolute Lords Proprief^^ of the Province To Richard Berrisford Esq'' — AVhereas it is Agreed by the Lords Prop", of Carolina, Accord- ing to the power granted to them by their Charter, Bearing Date the 30*^^ : Day of June in the 17*^. Year of the reign of King Charles the Second, that each of y^ Lords Proprif^: should name a Deputy to be his Representat: in =y^= Gen- erall Assembly and Councill of Carolina I out of the trust and Confidence I have in the prudence Wisdome & Loyalty of y^ Said Richard Berrisford, Do hereby Constitute and appoint y^ Said Richard Berrisford, to be my Deputy dureing my Pleasure, in that Part of our Province of Carolina that Lies South & west of Cape feare with full power to Act and Exercise all Such powers & authorities as to a Lord proprietors Deputy do belong, & which are Consonant to our said Charter, and y^= Law's there passed, and Confirmed by Us. Given under my hand & seal this 18*^: Day of September Anno Dom : 1711 John Danson (seal) Recorded March y'^= 19*^ 1712 In the Secretarys office ^ Me T Hepworth D'y SeC^: The Lady Eliz'^. Blake Widdow Relict to the Hon^'e. Joseph Blake Esq''. Late Govern"". Deces^^ : & Guardian to The Hon^'^. 250 Joseph Blake Esq""., a minor one of the True & absolute Lords of the Province of Carolina . . . . To Samuell Eveleigh Esq"-./ Whereas it is Agreed by the Lords Prop'^^ of Carolina according to The power granted to them by their Charter bear- ing date the : 30 : day of June in the : 17'^ : year of the Reign of King Charles y^ : 2^: that Each of The Lords Prop", should make a Deputy to be his Representative in y^. Generall Assembly & Councill of Carolina. I by vertue of being Guardian To the Said Joseph Blake minor as aforesaid & out of the Trust & Confidence I have in y^. Prudence Wisdom & Loy- alty of you the S^. Sam: Eveleigh Do hereby Constitute & appoint you the Said Sam: Eveleigh to be Deputy dureing my jDleasure to the said Joseph Blake in that part of our Province of Carolina that Lies South & West of Cape fear w"'. full Power to Act & Exercize all such Powers & authorities as to a Lord Prop". Deputy Do belong & w'^'^ are Consonant to our said Charter & y^. Laws past & Confirmed by us Given under my hand & Seal this 28^'^ : day of March 1712 Recorded y^: 1: day of Eliz*^: Blake (seale) Aprill 1712 ^ me T: Hej)worth His Excellency William Lord Craven Palatin. The most noble Henry Duke of beaufort, John Lord Carteret, Maurice Ashley Esq"": John Colleton Barn*. John Danson Esq^, and the rest of the true & absolute Lords prop", of y« Province of Caro- lina to George Evans Esq"", we being well assured of y« Care Prudence & ability of you the said George Evans have made Constituted Authorized & appointed & by these presents do make constitute Authorize & apjooint you the said George Evans to be during Our Pleasure Attorney Generall of y^ part of our province of Carolina that lies South & west of Cape fear therein to Act, plead, implead, sue & prosecute all & every person or persons w^soever for all debts fines, amerciaments forfeitures, escheats, Claims & demands w*soever which now is may or shall be due and in arrear to us upon any Accompt w^soever whether Rents Revenu's or otherwise howsoever, and to prosecute all Matters Criminall as well as Civill, Giving and hereby Granting unto you full power and authority in y^. premisses therein to deal 251 do execute & perform In as large & ample manner to all intents & purposes as to y^ said office of Attorney Generall doth in any way appertain & belong, & we do further by these presents Con- stitute order & appoint you y^ said George Evans to be (dureing our pleasure) advocate Generall of y^. said part of our province of Carolina to sue, implead & prosecute in the High Court of admiralty in the said part of our province of Carolina in all Matt", as well Civill as Criminal, to have, hold & enjoy the said office of Attorney General & advocate General of y*= said part of our province of Carolina, & all liberties Priviledges, perqui- sites, fees & profitts w^soever thereunto Incident or belonging and we do hereby revoke & make null & void all former Com- missions Granted for y^ S*^. office Given at Craven House under our Hands & y^ Great seal of our province of Carolina this 21*'^. day of february An°. Domi: 1710//11 X X X X X Craven Palatin — J Colleton Beaufort — (y^ broad seal) J Danson Carteret — M: Ashley for M: Ashley — Joseph Blake Instructions for George Evans Esq'' : Attorney Generall of our province of Carolina that Lyes South and West of Cai3e feare — We hereby Authorize, and give You free Access to all Records in the Scretary's Office of Carolina, and to all y^ Records of Courts, & to all y« other Publick papers & Records w*soever, & in all Matters that shall Concern Us the Lords prop^^^., y*. you shall have Liberty by your selfe or your Clarkes to take Tran- scripts of y^ same w'^.out paying any fees or reward w'soever, & you shall have Liberty as aforesaid to take Copies of all y^ Acts of Assemblys past or to be passed. — Our Will is, that before any Acts of Assembly be Signed by the Governour y^ they be perused by you least Acts be passed repugnant to y^ law's of englancl & y^ in case you do signify to y^ Goveniour yo*". remarks on y^ said Acts wherein they are Con- trary to y^ law's of england, & notw^^.standing y*. y«. assembly pass and y*^ goV. Sign y^. s^. Acts you do Transmi Such yo^ Remarks to Us y^ Lords prop", in England You are to advise w''\ our governour & Councill about a Bill for y^ better securing our Quiet Rents, & for y*^ easiest & best methods for Collecting our s^. Rents & to p^fer y^. s'^. bill to y« first assembly y*. shall then after Sit. 252 You are to take Care of & Prosecute in all Matters relating to ye Pleas of y^ Crown, in matters Criminal as treason, murder fellony, & all matters Criminal w^soever together with all Prose- cutions upon penal Laws, & all Seizures & forfeitures w*soever You are also to see and prosecute all such Persons as our receiver generall shall signify to you to be Indepted to us, for arrears of Rent, or other our Revenues & that Refuse to pay the same, & you are to use all Lawfull means for y^ Recovery of y^ Same — And that you may be y*^ better Encouraged and enabled to Prose- cute & attend y^ business of your office, and for y^ preventing Vexatious suits against you, our Will is, & all our Judges sheriffs & other officers in Carolina whom it doth or may concern are hereby obliged to take notice of y^. same y*. in y«. time of y^ sit- ting of y^ General assembly of y^ Council & of any other Court Av^soever, & for 2 days before & after you y^. S'^. Attorney General shall be free from all Prosecutions & arrest either in yo''. ^son or Estate, & that upon no ace*, w'^soever upon any arrest you be held to bail but y'. yo"^ Signing an appearance upon y^. Writt or Warr'. shall be sufficient and that you do fully Enjoy all other rights & Priviledges belonging to y^. office of Attorney General as fully & as amply as any Attorney General in any of her Majesties Plant"^: in America do or may Enjoy the same. — And our Will further is y*. for yo"". better support in y'^ Discharge of your office for yo"^ Attending the Council & giveing advice in all Publick Matters & Endeavouring to secure our Rights a Sallary of 40^. ^ Annum be paid you half yearly out of y^ Publick Treasury of Carolina by our Treasurer for y^ time being to Com- mence from y^. time of yo''. Entrance on the said office. — . . Lastly You are from time to time to Signify to us all Such Mat- ters as you shall think may be for y^. advantage of us, and our province of Carolina. . . . . You are to transcribe and Transmit to Us all Such Acts as have passed in South Carolina, which are not in force, and for which Our receiver General is to pay you w* y^ Govern'', and Deputies or any four of them shall think you Deserve for the same You are to follow such Orders & Directions as have at any time been given any former Attorney General which the Governour and Council or any four of them shall think fit. You are before Your entiy into your said office to take the Oaths appointed by Act of Parlament Instead of y^ Oaths of allegiance & Supremacy, and y^ test & y^ oath of fidelity to y^ 253 lords prop". & y^ oath for y^ due Execution of your Place & trust, Given at Craven House und'". our hands & seals this Twelfth day of february An°. Dom : 1710/11— Craven Palatine (seal) M: Ashley (seal) Beaufort (seal) J Colleton (seal) Carteret — (seal) J Danson (seal) Eecorded April y<^ 23 1712 In y*^ Secref^. office ^ me T Hepworth Dep^y SeC^. January y^. 23 1710— It Appearing to Us that Day from the papers & Narratives Eelateing to the Disputes between Colonel Broughton & Colonel Gibbes that Colonel Gibbes was Guilty of Bribery & Conse- quently Not Duly Elected Governour of South Carolina it was therefore Unanimously resolved that no Salary Shall be paid to him the Said Colonel Gibbes as Governour of the Same and we do Hereby direct That all Such Salary or Sums of Mony as Should have been paid Or Were Payable to the Governour of the Said Province From the time of the Death of Colonel Tynte Our Late Govern"" To the Date of M"". Cravens Our present Gov- ernours Commission Be Paid to our Secretary M"". Rich^ Shelton or to his Attorneys Or Assigns & Wee do Hereby require our Govern''. Deputies, Chief Justice Secretary Eeceiv. Generall & all other Officers of our Said Province to be aiding & assisting herein Given at Craven House Under our Hands & the Great Seale of our Province this : 13 day of March 1711/2 Beaufort Palatin J Colleton J Danson M: Ashley (Seale) Carteret Recorded Fullver Scipworth for L^. Craven ye. 16 Day of July 1712— S-": Fulwar Skipwith Barr^. Guardian to the R^ Hon^ie: Wil- liam Lord Craven One of the Lords Prop", of the Province of Carolina in America./ To Charles Hart Esq-" :— Wliereas It is agreed by the Lords prop": of the Province of Carolina, According to the Power granted to them by their Charter, Bearing date the 30'^'^: day of June in the 17'^ year of the Reign of King Charles the 2^. : that Each of the Lords Pro- prietors should name a Deputy, to be his Representative in the 254 assembly or Generall Council of Carolina; I as Guardian to the said William Lord Craven out of the Trust and Confidence I haA^e in the Prudence, Wisdom and Loyalty, of You the said Charles Hart do Hereby Constitute and appoint you the said Charles Hart, to be the said Lord Craven's Deputy Dureing my Pleasure, in that Part of the Province of Carolina that Lies South and West of Cape fear, with full Power to Act & Exercise all such Authorities and duties, as to a Lord Prop", deputy do Belong, & which are Consonant to the said Charter & the Laws there Pass'd & Confirmed by the said Lords Prop''^ Given under my hand and Seal this Ninth day of Feb -jy An". Dom : 1712 Fulwar Skip with — (seal) Recorded July the 13'^ : 1713 In the Secretarys Office ^ me Thomas Hepworth Dep^y Sec^y His Grace the Duke of Beaufort Palatine John Lord Carteret and the rest of y« True & absolute Lords & prop", of Carolina In America To Charles Craven Esq"^ our Govern"", of South Carolina or to our Governour & Councill of South Carolina for y^ time being It being represented to us Sometime Since y* ver^^ great Wrongs & Injuries Were done to us by y^ illegall & Exorbitant Grants of Lands in our province of South Carolina Wliereby we were Induced to Issue out our orders & Commands that no more Land Should be Sold in y* Coloney but Such as Should be Directed by our Speciall Warrants Signed at our Board in London yett y^ Inhabitants of our Province haveing Earnestly applied them- selves to us y' this our order migh In Some Measure be repealed & revoked and wee being willing to grant their Requests and to Give all due Encouragements to Such persons as Shall come to Settle themselves in y* Part of our Province Afores'i. Wee do Agree y* y^ S'^. order Should be repealed and we doe hereby Consent y* Warrants may be issued out of our Secretary's office in South Carolina for y« Grants of Lands According to y^ Accus- tomed Rulees & usage of our S'^ Province provided y* Such Grants Shall nott Exceed 500 Acres of Land To any one Pur- chaser & y' Every 500 Acres Shall be rated proportionably to y^ Value of 10£ Sterl: of y^ Currant Money of Great brittaine & for Soe Doeing this Shall be A Sufficient Warrant Given at S* James's this 21st Day of August 1713 Und''. our hands & Seals Beaufort Palatine (seal) Carteret (seal) J Colleton — (seal) J Danson (seal) 255 Memorand™. The usual & Accustomed Cheif Rents Viz*. : of 12 pence for Every hundred Acres of Land Which Shall be Sold must be Reserved I to be Yearly paid by y^ pur- chasors to y^ Lords Prop''^ their heirs & Assignes for Ever Recorded February y^ Eleventh 1713 Septem--. the 3^ 1713 S-- The Publick business haveing called some of y^ Lords Prop''^ out of y*^ Town, their Lordships Commanded me to Inform you yt at y^ request of y^ Gentlemen of your Province they had Con- sented that their order prohibiting the Sale of Land Except Such as Should be Directed by Speciall Warrants Signed at their Board Should be revoked & their Lordships have Directed Warr^^ as usuall for y^ Sale of Lands to be Issued out of y^ Sec- retary's office with Such Conditions as are Expressed in their Warr* herewith Enclosed to which I refer you Their Lordships further Commanded me herewith to Send you y« proclamation for Publishing y^ Peace Concluded between her Majesty & y^ French king upon y^ Receipt whereof you are forth- with to Cause y^ Same to be published In y« usual places of your Colony under their Lordships Government & you are to give notice to all Privateers & Commanders of Ships within your Province to Cease Hostilities with y^ French Kings Subjects According to the Tenor of y^ S^ Proclamation I am further Directed by their Lordships to Transmit to you a Coppy of a Letter they received from y'^ Lords of Trade and Plantations wherein her Majesty is pleased to Command y* none of her Sub- jects be Sent from any of her Majesty's plantations as Prosoners without Good Proof first made of their Crimes and that proof Transmitted along with Such Prisoners Their Lordships have been pleased to give Leave to M"". Nicholas Trott their Cheif Justice in Your province to be Absent from y^ S^ Province for So Long time as Some affairs which he has to Negotiate here in Great Britaine Shall require his personall attendance on y^ Same & their LordP^ have Sent a Warrant to y^ S'^. M-". Trott for the Govern'", c^ Councill to Constitute a proper person to be Judge 256 of the Common please & to Grant Comissions of oyer & terminer to Some of y'^ Cheif Justices of y^ peace in your province to Determin all Criminall Causes Dureing Such his Leave of Absence as you will See by y^ afores^ Warr^ When delivered to you by M"". Justice Trott as to y« Letf their LordsP^ received from you & y^ Councill relating to y^ bounderies between South & North Carolina their Lordships tooke y' Matter into y. Con- sideration but thought it a Matter of Such Consequence y^ it required to be more Maturely Considered of & therefore Ad- journed it for that time I Shall Tak Care to Lay it before their Lordships at their Next meeting & Shall Endeavour all I can to have a Determination of that Matter in your favour I am S'' your obedient humble Serv* R Shelton Recorded Feb-^y y^ 12'^. 1713 My Lords/ her Majesty is very much Surprised to find thatt Several of her Subjects have been Lately Sent hither in Cus- tody from Some of the plantations without any Evidence of their Crimes which as it is A Practice veiy Injurious to y^ Par- ticular persons who fall und''. the Misfortune it is Like wise very Derogatory to y^ Hon'': of Her Majesties Governm'. & therefore we are Commanded to Signify her Majesties pleasure y* your Lordships Give Directions to y^ Govern'', yt he doe not upon any occasions Send any of her Majestys Subjects hither as Prisoners without good proof first made of y^ Crime & that Proof Trans- mitted along with y^ Prisoner we are my Lords Your Lordships Most humble Servants Whitehall Guilford August ye 27*1^. 1712 Th : Meadows Ei*. Hon'i^'e. Lords prop''^ of Arth. Moore Carolina. J Hynde Colton Recorded February y^ 12^^. 17ia March y^ 27*^. 1713 Wee have herewith Sent you y^ heads of an Act of Assembly which Avee think Proper to be passed for y^ better Secureing our Debts & Cheif Rents to us & for Confirming y^ titles of y^ Tn- hal)itants to their plantations & Estates we have Complyed with ye proposals y'^ were Sent to us by our Cheif Justice for y^ passing Such a Law & have Advanced Yours & Some others Salaries and 257 have Consented to y^ pnblick Buildings Which we think to be for y'' honour and Advantage of our Government We being Informed of S"". Anthony Cravens Death are Aprehensive y*^ Your Affairs upon y* Occasion may require your comeing for England And in y* Case have Appointed M'". Robert Johnston to Succeed you but wee Shall not Grant him any Comission till wee can receive further Advice from you Wee bid you heartyly farewell & are your Affectionate Friends J Colleton Beaufort Palatine J Danson Carteret M Ashley Hon'"^!^ Charles Craven Esq'' Reed Feb'-y: y^ 12*^. 1713 Johannes Comes Bathe Palatinus Carolinse Reliquisq Ejusdem Provincise Proprietores Salutem Cum Serenissimus Princeps Carolus Secundus nuper Dei Gratia Magnse Britanise ffrancias et Hiberniae Rex, Fidei Defensor Ese Spenali Suo favore Dedit et comessit nobis una cum Provincia Carolina? postetatem, Gradus, Status, Titulorumq dignitatem et honorum ibidem con- stituendi et Erigendi Virosq bene Meritos, ad Eosdem Gradus Evehendi eijsq titulis cohonestandi Ordmanq cumq regiminis forma a Nobis Stabilita et in perpetuum a Nobis et Successoribus Nostris Observanda constitutum sit ut Certus Sit Langravorum et Cassiquorum numerus qui Sint perpetui et hereditarii Nobiles Proceresque Provincise Nostrse Carolinse Cumque Eximius Vir Johannes Bayley Magna Sua Prudentia et Industria Magno Erit Adjumento Nobis Virum De nobis Tam bene Meritum Remunerare Volentes Landgravum Con- stituimus Sciatis igitur quod nos ut Monumentum ^-Eternum Gratiae Nostrae et Illius Meritorum Dictum Johannem Bayley ad Statum Gradum Stilum Titulum et honorem Landgravi Ereximus Prseficimus et Crseavemus ipsumq Johannem Bayley Landgravum Tenore Praesentium Erigimus praefacimus et Creamus Eideniq Johanne Bayley Nomen Statum Gradum Stilum Dignitatem Titulum et honorem Cum quadraginta Octo Mille Ingeris terrae Aliisq Privilegiis eidem Dignitati perti- nentibus et In ^Elternum Imposuimus Dedimus et praebuimus et p''. presentes pro Nobis haeredibus et Successoribus Nostris Damns Imponimus et praebemus habendum et Tenendum Eodem Nomen Statum Gradum Stilum Dignitatem et honorem Land- 17— H. c. 258 gravi una Cum prsedictis Terris Singulisq Juribus Prte- eminentijs Privilegiis et Immunitatibus Eidem Dignitati Per- tinentibus Pra^fato Johanne Bayley et Heredibus Suis Secundum Tenorem fundamentalium Nostrarum Constitutionum in per- petuum Volentes ac per presentes Concedentes pro Nobis Heredi- bus et Successoribus Nostris quod Prsedictus Johannes Bayley et Hfpredes Sui pra^dicti Nomen Statum Gradum Stilum Digni- tatem Titulem et honorem Landgravi Successive Gerant et habeant Terrasq pra^dictas possideant et Eorum Quilibett geratt habeat et possideat et per Nomen Landgravi Vocentur et Nuncu- pentur et eorum quilibet Vocetur et Nuncupetur quodq Idem Johannes Bayley et Hseredes Sui pra^dicti Successive Land- gravi in Omnibus Teneantur et ut Landgravi Tractentur et Eeputentur et Eorum quilibet Teneat Tractetur et Reputetur habeantq Teneant et Possideant et Eorum quilibet habeat Teneat et Possideat prseclictas Terras Solventes In perpetuum proquolibet Tractu Terrse Centum Jugera Continente Duodecim Denarios bovse et Legalis Monetae anglise Annuatim Nobis et han-edibus Nostris qua Solutio incohanda est sub finem Bienniis post ejus Illius Occupationem necnon Dictus Johannes Bayley et Hffiredes Sui prajdicti gaudeant et utantur et eorum quilibet gaudeat et Utatur per nomen Landgravi Omnibus et Singulis Juribus privilegiis pra^eminentiis et Immunitatibus Statui Land- gravi in Omnibus rite et Jure pertinentibus In Cujus rei Testi- monium has Litteras Nostras Sub Magno Sigillo Nostro Caro- lina fieri fecimus Patentes Datum per Manus Nostras Decimo Sexto Die August Anno Ore Christianas Milessimo Sexcentes- simo Nonagesimo Octavo Bathe Palatine Bathe for theHor S^ Jn'^ Colleton W™ Thornburgh Lord Carterett\ Thomas Amy W'". Thornburgh (Loco Sigillo) Copia Vera Exam^^. 18'^. Aprill 1713 ^-^ Thomas Cooke Not'"^: Publicus"'^ 259 London the 6*'^ : March 1700. sy At Twenty one Days Sight please to pay this My first of Exchange to y^ order of Mess'^ Benjamin Burton & Francis Har- rison One hundred Pounds Sterl. Value M''. Edward Haslwell Your most humble Servant Thomas Amy — To John Bayley Esq-" Near Neanaugh Ireland Rec^. the Contents in Account ^'" 15^^. May 1701 Ben: Burton & Fran: Harrison Copia Vera His Grace the Duke of Beaufort Palatin John Lord Carterett and the rest of the true and absolute Lords Prop": of Carolina in America To Charles Craven Esq"" our Govern"" or to our Deputy Govern'' : and Councill for the time being of our Province of South Carolina — Whereas Nicholas Trott Esq'" the Chiefe Justice of our Province of South Carolina having affairs W^'^ require his personal atten- dance here in Great Britain has apply ed to us for our leave and Lycence to be absent from our Province of South Carolina for so long time as he may be detained in the Negotiation of his Said affairs here. Wee are very willing to grant his request and to Continue his Commission dureing his leave of absence, Wee therefore hereby Signify our pleasure to you That you do by Commission under you hands and Seals Constitute and appoint Such person as Shall be Judged most proper to be Judge of the Court of Common Pleas till the arival again of the said Nicholas Trott into our Province aforesaid and wee do hereby further Command You to Grant under Your hands and Seals Special Commissions of Oj^er and Terminer and Gaol Delivery directed to Some of the Justices of the Peace of our Said Prov- ince to hold the Several Sessions and to hear and determine all Criminal Causes herein dureing The absence of the said Nich- olas Trott And wee do hereby Signify our further j^leasure to you that the Sallary of Chiefe Justice be paid to the Said Nich- olas Trotts order dureing his said absence bv this our leave at the usual Time which he used to receive the Same and for so Doing This Shall be Your Sufficient Warr'— Given under our hands and Seals at St. James's This 22'^. Day of August 1713 Beaufort Palatm (Seal) Carteret (Seal) J Colleton (Seal) John Danson (Seal) South Carolina/ The E' hon'-'''^ Charles Craven Esq-- Govrn-- Cap* Gen" Admirall and Commend''. In Cheif of South Carolina And y^ Rest of y^ True & absolute Lords prop'^\ Deputies whose Names are hereund^ Written — To The Hon'-we Coll° Rt . Daniell Whereas The most noble Prince Henry Duke of Beaufort Palatin & ye Rest of the True & Absolute Lords & Prop" of y« Said Province have Granted unto Nicholus Trott Esq''. Cheif Justice of ye S^. Province Leave and Lycense to Absent himself from y^ Province of South Carolina afores^. Dureing his Transacting & Negotiating his Affairs In y" Kingdome of Great Britaine And Whereas y^ S"^. Palatin & The Rest of y^ Lords Prop''^ Aforesaid have und''. their hands & Seals bearing Date y^ twenty Second Day of August 1713 have for y^ Preventing y^ Delay of Publick Justice Authorized & Impowered us y^ S<^. Govern''. & Deputies Aforesaid To Constitute & Appoint Such Person as by us Shall be Judged Most Proper to be Judge of y^ Court of Common Please Dureing y^ Absence of y^ S^. Nicholas Trott From y^ Province Aforesaid Wee Therefore y^ Govern'". & Deputies afores"^. reposeing Especiall Trust & Confidence in y^ Ability Care Prudence and Discretion of you y^ S^. Robert Daniell Have ordained Consti- tuted & appointed And by these presents Do ordaine Constitute & Appoint you y^ S^ Robert Daniell by y^ Name and Stile of Judge of ye Court of Common Pleas in That Part of y^ Province yt Lyeth South & West of Cape Fear To Have Hold & Determine all Civill Pleas and Causes Arising or happening Within y^ S"^. Part of ye Province Afores*^. Giveing & hereby Granting unto you ye Said Robert Daniell Full Power & Authority to Doe Execute & Performe all Matters Acts and things whatsoever Within ye Afores'*. Part of ye S^. Province which to ye office of 261 Judge of y^ Common Pleas Doth in any Wise belong or Apper- taine in as Large & ample a Manner to all Intents & Purposes as any Judge of y^ Common Please of her Majesties English Plan- tations in America May Lawfully Do And To Have & to hold the Said office of Judge of y^ Common Pleas afores*^. Together with all fees Prequisits and Priviledges with all other Immunities and Casualties whatsoever to Said office of Judge afores'i. Belonging or in any Wise Appertaining from y^ Day Next after y'^ Departure of y'^ Said Nicholus Trott from this Province untill y^ S'^. Nicholus Trott arrive againe in y« Province Afores''. Unless wee y^ Grantees or Some other Supe- riour Power Shall otherwise Direct And we Do hereby Command all officers and all other Persons whatsoever on any Wise Con- cerned to Take Notice of this Grant & Give Due obedience to you y« Said Robert Daniell In y^ Execution of y^ Said office Dureing your Continuance in y^ Province Given und"^ our hands and Seals this Second Day of June Anno Domini 1714 (seal) Recorded June y« S'^ 1714 Charles Craven ^Charles Hart Sec'y. Charles Hart (seal) Ar Middleton (seal) Ra (seal) Izard Sam: (seal) Eveleigh Rich^^: Territories and Dominions in America Given at S* James's This 8^^ day of Septem'' Anno Dom : 1714 — Carteret Palatin, Carteret for Beaufort (X) ffulwar Skipwith for Lord Craven Maurice Ashley J Colleton John Danson Recorded this 5'*^ Jan-'y 1714/15 ^ Dad . Bourke Dep^y SeC^y 2G7 Gent: "VYee are Informed that our Chiefe Justice had made a very Accurate Edition of the Laws of our Province. Our Ord"^^ : to you are that You cause the fairest Transcript of the Said Laws to be Laid before You and that our Chiefe Justice direct the making Two fair Transcripts of the Same one To be Sent to us and the other to remain in the hands of our Said Chiefe Justice for our use and that our Treasurer pay for the Sums W^i^ our Chiefe Justice Shall Ord'' : the Clerks to be allowed not Exceeding four Score pounds^ — Wee have heard Comph^ from Several heads of an Act that you have passed Called Your Bank Act Wee recomend it to you to Consider of Some Expedient to p"" :vent the Mischiefs of that Act least upon further Comp^® : Avee Should be forced to Kepeal y*^ said Act it being very prejudicial to Trade So wee bid you heartily farewell and are your very Loving friends : Carteret Palatin Car- teret for Beaufort, ffulwar Skipweth for Lord Craven Maurice Ashley, J Colleton, John Danson S* James's Sep^ y^ 8'^ 1714 His Excellency John Lord Carteret Palatin and the rest of the True and Absolute Lords Prop" of the Province of Carolina in America To Coll AYilliam Rhett our Receiv'": Gen": of our Province of South Carolina These are to Require and Command you to pay or cause to be paid out of our Monies in Y^our Hands Unto Nicholas Trott Esq"^ our Chiefe Justice of South Carolina The Sum of one hun- dred pounds ^ Annum dureing his Continuance in the Said OiRce to be paid him quarterly being So much Allowed him by us as a yearly Sallary for his being Chiefe Justice of our Said Province The said Sallary of Chief Justice to Commence from the date hereof And that you do also pay unto our Said Chiefe Justice at the Rate of Twenty five pounds ^ Ann for his finding a Clerk of the Crown or Sessions and Common Pleas And that you do also pay for the Expenses at the Gen'' Sessions to be held there in Each Y^ear fifteen pounds Each And to the Ministers Appointed by the Chiefe Justice to preach y^ Sessions Sermons Each five pounds and for Expenses' at the Court of Common Pleas To be heald four Times Every Year fifty Shillings Each Court And 268 for Your So doing this Shall be Your Sufficient Warr' Given und'. our hands and Seals this 8'^' day of Septem'' in the Year of our Lord 1714 — P. S. Carteret Pal" : (X) You are likewise to pay or Carteret for Beaufort (X) cause to be p^ : one hund'^'^ : ffulw'' Skipw^'^ for L^. pounds for the Expence of y^ Craven (X) proclamation of the King Maurice Ashley . (X) J Colleton . . (X) John Danson . (X) Maurice Ashley Esq'' one of the True and absolute Lords Prop" of Carolina To Joseph Boon Esq-": Whereas it is agreed by The Lords Prop^'s : of Carolina according to The power granted them by their Charter bearing Date the 30*'^ of June in the Seventeeth Year of the reign of King Charles The Second that Each of the Lords Prop''* : Should name a Dep*y To be his representative in the Gen" Assembly and Council of Carolina I out of the Trust and Confidence I have in y^ Pru- dence Wisdom and Loyalty of you the Said Joseph Boone Do hereby Constitute and Appoint You the Said Joseph Boone dure- ing my pleasure in that part of our Province of Carolina that lies South and West of Cape ifear with full power To act and Exercise all Such power & Authorities as To a Lord Prop" Deputy doth belong and w<^^ are Consonant To our Said Charter and the Laws there passed and Confirmed by us Given under my hand and Seal this 5^1^ of NoV 1712— M. Ashley ( X ) Kead and allowed in Councill The 8th day of Feb'-y : 1714/5 Recorded this 16^^ day of ffeb'"y 1714/5 ^ Dad . Bourke Depty Se^y The Heads of an Act for Securing y^ Lords Proprietors Quit Rents and all Other their Dues and for confirming y«. peoples Titles to their Lands &c^ 1^^ . . That some persons be Appointed by The Assembly who Shall be attended by a Surveyor to go to Every Settlement & Plantation throughout the Province 269 2diy _ That the Same persons have power to Survey y^ Land of any Plantation whatsover S^'y . . . That Every Person Shal be Oblig*^. to pay one penny ^ Acre for all the Land they are possess'd of unless they can Show y* Thej' hold their Land by Some other or less Tenure. 4**^'y . . . That if upon Examination it Shal be found y' any person hold at One penny an Acre who was thought to hold by a purchase grant at Twelve pence ^ 100 Acres the Rent of which have been omitted to be paid So Long as y* The arrear may Come to more than the Land is Worth that upon Taking out a purchase Grant and Paying one fifth part of his arrears to our Receiver his Title Shall be confirmVl to him for Ever; 5*^^y . . . that Upon Such Survey made of y^ whole province and an Exact Rent roll being made that the Lords may have their Rents for the futere exactly Paid, that all Persons be obliged to Com.e to Town and Pay Their Rents punctually on Every first day of December y'^ in Case any one Elapse the Time four mounths he Shall forfeit the fourth part of the Rent he was to Pay and y^ Like forfeiture for four months more that he Shall Elapse the Time of Payment the s'^. forfeiture to be One halfe to y^ Lords, and the Other halfe to be devided between the Receiver Gen^^ : & y^ attorney Gren^^ : y* Sues for y^ Same The Lords Receiver Gen'' : to have j^ower in y^ Name of y^ Lords prop" : Either to Seize for the Said Rent and forfeiture or else in his Own Xame but for the use of the Lords to bring an Action of Debt not Only for the rent but also for the forfeitures for every four months. Elapsed all in One action & y*^ y^ said Receiver Shall have Liberty either to take out a Common writ and arrest the joerson or else to take out a Summons out of the Court of Common pleas which be left at y^ Persons' dwelling House or usual place of Abode Shal be as Sufficient to make him a party Court to answer y« s*^. Suit as if he had been Arrested for y^ Same (;thiy That the persons who Shall be appointed by act of Assembly Shal be obliged Gratiss to make a return of each per- sons Land the Number of Acres and the Exact Buttings & boundings of the Same into the Secretarys office & the Same there to be but upon Record in a distinct Book provided for that Purpose & a Duplicate to be kept in Some other convenient place & a third book transmitted to y^ Lords proprietors in England W^'^ Records, or attested copies from the same Shall be given in 270 Evidence for y^ Benefit of y^ several & respective proprietours & Planters. 7thiy That All Arrears of rents & all Other Standing Debts being gotten in & the Same being added to what Shal be then remaining in y hands of y^ Lords propriet": Receiver General y' after deducting all Necessary Charges for y« making Such Survey of y^ whole province and every particular persons Lands in y^ same & making Exact Rent rolls & Recording y^ Same as before directed that y^ remaining Ballance Shall be disposed of as followeth One Thousand Pounds Shall remain in y^ hands of y« Lords receiver General fo the use of y^ Lords prop''^: And also the Sum of 700 Pounds for paying y^ Publick Sallaries & all other Necessary Charges of the Government for y^ ensuing 3'ear accord- ing to ye Scheme of y^ Same hereunder Written And then the remaining part to be disposxl off 1st . . Yor the building a Publick State House w^^ convenient Apartments for the Gov"": & Council & the Court of Chancery to set in & others for y^ Gen", assembly and also for the holding of Publick Courts of assizes & Goal deliveiy & the Courts of Common pleas It being a disgrace to the Country & even Scan- dalous y* ye most publick Courts of Judicature Should be held in a Tavern as they now are & also apartments for the Secrys: office & the office for the Clerk of y^ Crown & Common pleas and Keeping y^ Records of the Same gdij That a good & convenient House be built for y^ GoV: & his liawfull Successors Gov": of this province who Shal be Obliged to live in y^ Same. gdiy That there Shall be a Publick House & prison built for the use of ye provost Marshal of this province but then y^ Marshal be obliged to pay a reasonable rent for y^ Same Yearly to y^ Lords Receiver General for the use of the Lords propriest : 4"i That in Case there Shall be any Sum remaining after the fin- ishing of these buildings y' y^ Same Shal be disposed of towards ye Building & endowing of A Publick School for ye use of this province 8 that ye Publick Salaries to be paid according to ye following Scheme Viz*. £ £ the Gov" : Salary w"^ : is 200 to advance 300 the Cheif Justices Salary 60. _____ 100 271 the Secretarys Salaiy 40 — — — — — 070 The attorney Generals 40 _____ 040 Carried Over £510 Brought over 510 the clerk of the Crown & Com-] mon please to be officiated by one \- — — — — — 025 person Salary to be J the Lords Secretary in England his Salary being] 40£ ^^: Annum to be Paid in Carolina with y^ dif- [.—60 —60 ference of money to make it Sterling is J For Expences at y'^ Gen'^ : Sessions to be held twice in each year 10£ each 20 For Expences at y^ Court of Common Pleas to be held four times Every Year 50£ each Court 10 625 Allowing 75£ for ':^xtraordinary accidents which , _„ Some times may happen £700 9*^ . . . That y^ Lords proprietors do Give orders to theire Receiver Gen^ : to Pay in Carolina for So many Paper Books well bound in vellum & ruled as directed for y'' keeping of Records mentioned in y^ above articles & also for putting all y'' records of y® Secretarys office for the future into an Exact method in dis- tinct books. As also the records of \^ proceedings of y^ Publick Courts. IQt'i .... The Lords prop" : Revenues & dues being thus Settled upon a Sure foundation & exact care being taken to Keep y^ Same regularly for the future by making additions every Year to y^ Rent Roll for all Lands newly granted by y^ Lords accord- ing to the method of the former rent Roll y' then Every Year the Publick Receivers acc*^®: Shall be examined and Audited by persons appointed by y^ Lords proprietors y* out of the Ballance of y^. s'^. ace**: there Shall remain a fund of one Thousand pounds & the Sum of 700£ to defray the Charges Ordinary & Extraordinary for y'^ Ensuing j^ear & then the remaining part Shal be Laid by for the use of y^ Lords prop": y^ Same Sum to geather with the ace'® : to be Transmitted yearly to their 272 LordP^ : in England or other wise to be disposed of as Shall Think fitting and Direct. S"" : John Colleton one of the True & Absolute Lords proprietours of the Province of Carolina To hugh Butler Esq'" : Whereas it is Agreed by The Lords proprief^^^ : of Carolina According to the Power Granted to them by their Charter bear- ing date the 30'^ day of June in the IT"' Year of the Reign of King Charles the Second y* Each of the Lords propriety's : Should Name A Deputy to be his Representative in the Gen' : Assembly & Council of Carolina I out of y^ Trust and Confidence I have in the prudence Wisdom & Loyalty of you the said Hugh Butler do hereby Constitute & appoint you y^ said Hugh Butler to be my Deputy during my pleasure in y* part of our province of Carolina y* Lies South and West of Cape Feare w*. full power to act & Exercise all Such powers & authorities as to a Lords pro- prietors. Deputy do belong & which are Consonant to Our s'^: Charter & y« Laws there pass'd & confirm'd by us. Given under my hand & Seal this 9"\ day of April anno Domini 1714 J Colleton ( X ) His Excellency the Most Noble Henry Duke of Beaufort Palatin the Rt Honbi^ John Lord Carteret, the R* HonW'^ : William Lord Craven, the Hon^^'^ Maurice Ashley Esq"" : S"" John Colleton Barr* John Danson, And the rest of the True and absolute Lords Prop""^ of Carolina To Edward Brooke Esq"" Greeting Wee out of the Trust and Confidence M^e have and repose in your care ]3ru- dence and ability, have made constituted and Appointed And by these Presents do make Constitute and Appoint You the said Edward Brooke to be Naval officer of that part of our Province of Carolina That lies South and West of Cape ffear hereby requiring and Impowering You to take Entries of all Ships and Vessels inward bound To or outward bound from that part of our said Province of Carolina To have and To hold the said office of Naval officer dureing our Pleasure Together with all ffees Perqusites and Profitts to the said Office Appertaining And Wee do hereby revoke and Make Null and void any former Com- mission by us given for the said Office Given at S* James's under 273 our hands and the Great Seal of our Province of Carolina This 5^^ day of May 1714 Beaufort Palatin ( X ) Carteret ffulwar Skipwith for Lord Craven M: Ashley Kecorded this 6*^^ May 1715 John Danson ( X ) ^ Dad . Bourke Carolina ss To all to whom these presents shall Come I the hono'^^'e Charles Craven Esq"'. Govern'' & Ordinary of South Carolina Send Greeting &c Whereas John Rodolphus May late of Craven County Gen*. died lately in this Province intestate, leaving his v^ife M". Eliza- beth May his now Widow and relict to whom the Administra- tion of all and singular the Goods and Chattels Rights and Credits of the said deceas'd doth of right belong And whereas by reason of the great distance the said Elizabeth May lives from Charles Town, she is not able to Travel thither and because of the great Sickness which now infests the said Town she is afraid to venture to come down to enter into Bonds of Administration of the goods &c of the s"^. deceas'd as the Law directs & requires in such Cases, and I the said Govern"" : being walling that no detri- ment or damage might thereby accrue to the Estate of the said deceased Know yee therefore that for the reasons afores*^. and for divers other causes and considerations me at this time espe- cially moveing Have as I by these presents Do Make ordain Con- stitute and appoint Rene Ravenel of Berkly County Esq"", my true lawful and undoubted Attorney in this behalfe Giveing and by these prents Granting unto my said Attorney full power and lawful Authority for me and in my name to take and receive of the said Elizabeth May as her Act & Deed and as Administratrix as afores'^. a certain writeing obligatory or Bond of Administra- tion in the usual Form, hereunto annexed, with two sufficient Securities to be bound with her in the said Bonds which my said Attorney is to return into the Secretaries Office duly executed & attested with all convenient speed in Order that Letters of Administration may be made ready and granted to the Said Elizabeth May as the Law requires & directs Ratifying what my 18— H. G 274 said Attorney shall lawfully do by virtue of these Presents. In Witness whereof I the said Govern'' have hereunto sett my Hand & Seal this seventeenth day of March Anno Dom. ^ " ^ , lir2/ Sealed & Deliverd in ^ the Presence of/ Charles Craven ( X ) T Hepworth D^y Sec^y^ South Carolina/ Know all Men by these presents That Wee Elizabeth may Widow, henry noble & Peter S^ Julien Are held & Firmly Bound unto y^. Hon^'^ Coll°. Charles Craven Esq'". Govern"". In the full & Just Sum of Two Thousand pounds Sterl^: to be paid To the Said Govern'^. or his Successors his or their Cer- tain Attorneys Or Assigns to the which payment AVell & Truely to be made we Bind us Every & Either of us our & Every & Either of our Heirs Executors & Administrators for the whole & In the whole Joyntly And Severall firmly by these presents Sealed with our Seales & Dated the :22ti\ . j)^j ^f March— Anno Dom". 1711/12— The Condition of this Obligation is Such that if the Above boun- den Elizabeth May Widow Administratrix of all & Sin- gular the goods & Chattels Rights & Credits of John Eodolphe May deceased Do make or Cause to be made a true & FaithfuU Inventory & appraism^ of all & Singular y^ goods & Chatties rights And Credits of the Said Deceas'i as far as she Shall have Knowledge of Well & Truely & faithfully appraised by three Sufficient freeholders upon There oaths & y«^. Same under their hands return into the Secretarys office within Ninety Dayes after the date hereof & y* y^. Said Adminiss^. do Well & Truly Satisfy & pay all & Every y^. Said Dece'd Debts so farr as The Estate Shall amount unto & the Law binds her to the R*. Hon*''^. y^. Lords prop''^ & all other persons w^soever as an administrate, ought to do And the Law binds & y*^. the administrate', do render an ace*, of her adminisstraTorship when She Shall be thereunto required by y^. R^ Hon"^. the Lords Prop", their Gov"", or Coun- cil for the time being or to any ^son or ^sons Claiming Any Right or Title thereunto (if Occasion be), and do in all other Things According to y^. True intent & meaning of y^ Statute mad iThis document is not recorded in tlie book, but is an original tliat has been pasted in. 275 in the 22 : & 23 year of the reign of our Late Sovereaign Lord King Charles the Second of England &'^°. (Cap*. 10) & the form of the Condition therein Contained as an administrator ought To do & well & Truly Save harmless the Lords prop''^ their Gov. & all other officers & ministers against all ^sons Whatsoever by reason or means of the Said Elizabeth May widow — Being Adm''. as afores"^. then this obligation to be Void or Else to remain In full force & Vertue — . . . . Sealed & Delivered Elizabeth May O In the presence of Henry Noble O David Peyre Charles Pasquereau Peter de S^ Julien/ O Soth Carolina Ss/ To all to whom these presents shall come I the hon'^'''^. Charles Craven Esq"". Governs General Admiral and Comander in chief of South. Carolina and Ordinary of y^. same Send Greeting &^'' Whereas Stephen „ — ,, — Mailhett Son of Peter Mailhett both deceased, died lately in this Province being an Infant and Grand- son to Judith ., — „ — Pettineau wife of John Pettineau of Berkly County Planter to w'='^. said Judith the Administration of all and singular the goods and Chattels Rights and Credits of the said Infant doth of right and as next of Kin belong and appertain And whereas by reason of the great distance the said John Pettineau & Judith,, — his said wife live from Charles. Town and the very great infirmities and constant Sickness said Judith Laboureth under she is not able to come to Charles Town without a manifest and apparent Hazard of her life and there to Enter into Bond of Administration of y^. goods &'^. of y^. said infant Stephen Mailhett as the Law directs and requires in such cases,, and I the said Govern ■■. being willing that no Detriment or damage might for want of granting Letters of Administration happen to the Estate of the said Stephen Mailhett Know Yee that for the reasons aforesaid and for divers other good causes and considerations me at this time especially moveing Have as I by these presents Do make ordain constitute and appoint M"". John Harleston of the County afores'^. my true lawful and undoubted Attorney and Agent in this behalfe Giveing and by these presents Granting unto my said Attorney full power and ^This document is not recorded in the booli, but is an original that has been pasted in. 276 lawful Authority for me and in my Name to take and receive of and from the said John Pettineau and Judith his wife as their Act and Deed as Administrate a certain writeing Obligatory or Bond of Administration in the usual Form as the same is here before written and hereunto annexed with one or more sufficient Securities to be bound with them in the said Bond which my said Attorney is to return into the Secretarie's Office duly Exe- cuted and Attested with all convenient Speed to the end that Letters of Administration may be made ready and granted to the said John Pettineau and Judith his wife In Witness whereof I the said Govern'', have hereunto sett my hand & seal the four- teenth day of Novemb''. Anno Dom. 1713./ Sealed and delivered in the presence of Charles Craven^ O T. Hepworth Dy SeC^y Carolina Ss Know all men by these presents that AVe John Pettineau of Berkly County Planter and Judith X my wife grandmother of Stephen Malhett deceased and Nicholas Myrant X X X of the same County Planter are held and firmly bound unto the hono'^''^^. Charles Craven Esq"". Govern''. &^. in the full and just Sum of two thousand pounds Curr'. money to be paid to the said Governour or his successors his or their certain Attorneys or Assignes to the which payment well and truly to be made we bind our selves and either of us joyntly and severally our and every and either of our Heires Executors and Administraf^ for the whole and in the whole firmly by these presents Sealed with our seals and dated the Twenty forth • day of November in y^. year of our Lord one thousand seven hundred and thirteen The Condition of the Obligation is such that if the above bound John Pettineau & X Judith X his wife Administrat'* of all and singular the goods and chattels rights and Credits of y^. said deceased Stephen XX Mailhett do make or cause to be made a true and faithful Inventory and appraisment of all and singular the goods & chattels Rights and Credits of the said deceased as far as they shall have knowledge of well truly and faithfully appraised by three sufficient Freeholders upon their Oaths and the same under their hands return into the Secretarie's Office 'This document is not recorded in the book, but is an original that has been pasted in. 277 within Ninety daies after the date hereof and tlie said Adminis- trat"^* do satisfy and pay all and every the said deceased's debts as far as the Estate shall amount unto and the Law binds them to the R^ Hono'^*''^ the Lords Propriet" and all other persons whatsoever as Administraf^ ought to do and the Law binds them and that the said Administraf^^ do render an account of their Administration when they shall be thereunto required by the R'. Hono""^'^. the Lords Proprief* their Govern"" & Council for the time being or to any person or persons claiming any Right or Title thereunto (if Occasion be) and do in all other things accord- ing to the true intent and meaning of the Statute made in the twenty second and twenty third years of the reign of our late Sovereign Lord King Charles the second of England &^ Chapter the tenth and the Form of the Condition therein contained as an Administraf ought to do and well and truly save harmless the Lords Propriet" aforesaid their Govern"' and all other Officers and Ministers against all persons w^hatsoever by reason or means of the said John Pettineau and X Judith X his wife being Admin- istrate as aforesaid Then this Obligation to be void and of none effect or else to remain in full force and Virtue^ Sealed and Delivered in y^ presence of/ Jean Petineau O Anthony Bonneau Judith Petineau O James Nicholas Mayrant Nicholas Mayrant O ^This document is not recorded in the book, but is an original and is pasted in. 10 — H. c. INDEX. Acts, 62-65, 70, 102, 103, 105, 114. 116, 117, 122, 136, 137, 138, 139, 140, 147, 148, 149, 150, 155, 189, 192, 193, 194, 207, 238, 241, 244, 247, 251, 252, 256, 262, 267, 268. (See Bills.) Admiral, 9, 10, 37, 82, 119. 160, 225. 242, 275. Admiralty, 121, 176; High Court of the, 113, 119, 134, 147, 148, 149. 169, 215, 251, 265; Judge of the, 120, 124, 131, 138; Deputy Judge of the, 120, 122, 124, 131, 138; Marshal of the, 10, 122, 123, 124; Fees of the, 136, 138. 169 : Appeal from the, 150-151. Africa, 208, 209(2). Albemarle, George (Monck), Duke of (16.. -1088), Lord Proprietor, 33, 39, 43, 68, 73, 76. Albemarle (settlement), 29, 80. Albemarle County, 13(2), 30(2), 31, 93(3), 169. Albemarle River, 13. Aliens, 85, 87. 97, 99, 100, 116; Descent of laud of, 60-61, 63-64; Act making free, 102. (See French. ) Allegiance, Oath of. 100. Ambergris, 166, 196. 217. 240. Ammunitions, 178. Amory, Jonathan, 35, 104, 129, 144: Commission as Advocate in the Court of Admiralty, 118-119; Public Receiver (Treasurer), 129, 144. Amy, Thomas, Lord Proprietor, 4(2), 6, 8, 17(2), 18, 23, 24, 25, 26, 27, 29, 33(2), 39, 40, 41, 42. 43. 4Cr, 47, 48(3), 49(4). 50(4), 56(2), 57, 58(4), 59(3), 60, 61, 65, 66(4), 68, 70, 71, 72, 73, 74, 76, 77, 78, 79, 81, 83, 84, 88, 91, 98, 7 -Hi. 107(2), lOS, 110, 111, 112, 113(2), 114, 115, 142. 146, 165. 258, 259. Anne, Princess, of Denmark. 158 ; Queen, 157, 208, 263, 266. Appalachian Mountains, 73. Appeals from the Plantations, 150- 151. Archdale, John, 73,79(3) ; Guardian for his son Thomas, a Lox'd Proprietor, 6, 8, 17(2), 18, 22, 23, 24, 25, 29, 30, 33(2), 45, 46, 48. 60, 66, 68, 72, 74. 76, 77, 79, 86(2). 111, 112 ; Commission as Gov- ernor, 81-83; Governor, 80-86, 88, 91, 92(2), 93, 94. 95-96, 96, 98-99, 112, 116, 145, 146, 167, 169; Lord Proprietor, 186, 188. 190. 191, 192, 194(2), 198, 202. Archdale, Thomas, Lord Proprietor, 6, 8, 17(2), IS, 22, 23, 24, 25, 46. 47, 47-8, 48(2), 49(4), 50(4), 50(2), 57, 58(4), 59(3), 60, 66, 68, 72, 74, 76, 77, 79, 81, 86(2), 112; Sale of Proprietorship by, 92. Ash, Mr., 171, 175. Ash by. John, Receiver General, 184, 244 ; Commission as, 191 ; Instruc- tions for, 196-198. Ashepoo, Cassique of, 73. Ashley, Anthony, Lord, Earl of Shaftesbury (1621-1683). Lord Proprietor. 81. Ashley, xVnthony, Lord ( 16 . . -1699 ) , Lord Proprietor. 6. 7, 17(2), 18. 22, 23, 24, 25, 26, 27, 29, 33(2), 46. 47(2), 48(2), 49(4), 50(4), 56(2). 57(2), 58(4), 59(3), 60, 61, 65, 66(4), 68, 71, 72, 74, 76, 77, 78, 81, 83, 84, 98, 107(2), 109, 110, 111, 112, 113(2), 114, 115, 142, 147. Ashley, Maurice, Lord Proprietor. 147, 154. 155, 157, 158(2). 159, 160. 162, 164, 165, 167, 171(2), 172, 173, 174, 175(2), 176. 177, 180, 182, 183(2), 184, 186, 187, 190, 191, 192, 194(3), 198, 202-203, 208, 210, 211, 212. 213. 214, 215(2), 216(2), 218, 280 219(2), 220, 223, 224(2), 226, 227, 228, 220, 230, 231, 232, 233, 234(2), 235, 236(2), 238(2), 239, 241, 242(2), 243, 246(3), 248, 250, 251, 253(2), 264, 265(2), 266(3), 267, 268 (2), 272, 273; Agent for Joseph Blake (1700-1751), 211, 214. 224, 226, 229, 243, 246, 251. Ashley River. 54, 65, 74, 93, 115, 118. 121, 122, 138, 143, 146, 148. Attorney General, 145, 166(2), 196, 197, 217(2), 240, 269; Salary of, 171 ; Trott, 113, 116, 167 ; Wiging- ton, 132; Evans, 190, 250-253; Saunders, 215. Attorneys, 122, 124, 125. 128, 129. Austen, John, 115. Averitt, Captain, 145, 146. Bahama Islands. 146. 153. 176(8), 177. Bank, 241. Bank Act, 267. Barbadoes, 30(2), 70. 129, 156, 172, 184, 229, 238. Barnwell, John, 185(2) ; Clerk of Council, 159(2), 160, 162, 163, 165(2), 167, 168, 170(2); Deputy Secretary, 175, 176, 177(2). 180, 182, 183(2), 184, 185, 186. Baronies, 27, 34, 38, 51, 52, 57, 58, 180-182, 186, 195, 219, 220. Bate, Richard, 183. Bath, John (Grenville), Earl of (1628-1701), 4, 39, 41, 70; Lord Proprietor, 74, 76(2), 77, 79, 81, 83, 84, 86, 98, 107; Palatine, 106- 115, 140-142, 145-146, 150, 154-155. 157, 163-165, 257-258; Agent for George, Lord Carteret, his son-in- law, 108; Guardian for John, Lord Carteret, his grandson, 107, 108, 110, 112, 113, 115, 142, 155, 157. 165. 258. Beaufort, Henry, Duke of (1684- 1714), Lord Proprietor, 207(2), 208, 210, 211, 212, 213(3), 214, 215(2), 216(2), 218, 219(3). 220. 222, 223, 224, 226, 227, 228, 229, 230(2), 231(2), 232(2), 233(2), 234(2). 235(2), 236(2), 238(2), 239, 241(2), 242(2), 243, 246(3), 248, 250, 251, 253; Palatine, 253- 255, 257, 159-260, 272-273. Beaufort, Henry, Duke of (1707- 1746). 264, 265(2), 266(3), 267, 268. Been, Giles, 151. Bellinger, Capt. Edmund, 101 ; Lord Proprietor's Deputy, 106, 118(2), 121, 128, 132, 133, 135, 139, 140, 143, 145(3), 148(2), 149, 150, 153, 154 ; Commission as Deputy, 106 ; Commission as Surveyor General, 106-107; Deputy Judge of the Admiralty, 120, 122, 124, 131; Receiver General, 129, 140, 150, 168; Narrative of against Trott, mentioned, 131 ; Patent as Land- grave, 140-142. Bennett, Benjamin, Governor of Ber- muda, 154. Beresford, John, 35; Lord Proprie- tor's Deputy, 19, 22, 26(2), 30(2), 85, 88, 92, 97, 102; Commissions as Deputy, 88, 202. Beresford, Richard, Lord Proprie- tor's Deputy, 222, 261; Commis- sion as Deputy, 249. Berkeley County, 13(2), 21, 23, 50, 51, 57, 59, 85, 87, 90, 93, 152, 253, 275, 276; Sheriffs of, 28(2), 65, 90(Gibbes). Bermuda, 30, 93, 103, 117 ; Governor of, 154. Berwick, England, 99. Biennial Act, 152. Bill of Rights, 62. Bills, 136, 137. 138, 147. 170, 251. (See Acts.) Blake, Lady Elizabeth (Axtell), 186, 231 ; Guardian for her son Joseph Blake (1700-1751), Lord Proprie- tor, 249-250. Blake, Landgrave Joseph (16..- 1700). Lord Proprietor's Deputy. 281 25, 29, 30, 47, 54, 57, 81, 85, 88, 92, 94 ; Commissions as Deputy, 9, 83- 84; Commissions as Deputy Gover- nor, 89-90, 98-99 ; Governor, 80, 96, 97, 101-106, 118(2), 120, 128, 132. 133, 135, 139, 140, 143, 145, 149, 249; Lord Proprietor, 92, 96, -98, 107(2), 108, 110, 111, 112, 113, 114, 120, 132, 142, 143, 149; Death of, 143. Blalve, Landgrave Joseph (1700- 1751), Lord Proprietor, 194, 211, 214, 224, 226, 229, 246, 249-250. Blue Star (sloop), 93. Bohun, Edmund, Chief Justice, 109. 110, 116, 117, 121-128, 129. 131. 146; Commission of, 111-112. Bonneau, Anthony. 277. Boone, John, 35. Boone, Joseph, Lord Proprietor's Deputy, Commission as Deputy, 268. Bourlie, David, Deputy Secretary, 263(2), 265, 266(2), 268, 273. Boyd, James, 4. Boyle, George, 184-185. Boyle, H., 157. Breholt, Capt. John, 138, 139. Bribes, 31, 253. Bristol, England, 124, 135. Brooke, Edward, Commission as Naval Officer. 272-273. Broughton, Thomas, Lord Proprie- tor's Deputy, 163, 192. 201, 222 : Commissions as Deputy, 159-160. 201i 248-249; Surveyor General, 232 ; Commission as Surveyor Gen- eral, 194-195; Instructions for. 195-196. 241-242; Controversy of with Gibbes, 2.53. Bruneau, Arnald, 3(4), 4, 39-40. 41. Brunswick, Prince George, Elector of, 266. Bull, Stephen, Lord Proprietor's Deputy, 7, 25, 28, 29, 81, 85. 92, 94. 97, 101, 102. 103, 104: Commis- sion as Deputy, 7. Burlington. Lord. 157. Burton, Benjamin, 259(2). Butler, Hugh, Lord Proprietor's Deputy, Commission as Deputy, 27'> Caledonia, 143. Canada, 149. Cannon, Robert, 31. Canterbury, Lord Archbishop of, 150. Cape Fear, That part of the province of Carolina that lay South and West of, 16, 17, 18, 22, 23, 27, 36, 39, 40(2), 42(2), 45, 46, 62, 68, 69, 70, 77, 78, 80, 84, 86, 88(2), 91(2), 95,96,106(2), 107,108(2), 109(3), 110, 111, 113, 114, 120, 132, 142, 155, 158, 159, 160, 162, 165, 166, 171, 172, 173, 185, 187, 188, 190, 191, 194, 195, 196, 201, 210, 213, 215, 216(2), 219, 221, 222, 228, 229. 233(2), 235(2), 236, 237(2), 239(2), 242, 246(2), 248, 249(2), 250(2), 251(2), 254, 260, 263, 264. 268, 272(2). Carlisle (frigate), 138. Carteret, George, Lord (16.. -1695), Lord Proprietor, 4(2), 6, 17(2). 18, 22, 23, 24, 25, 26, 29, 33(2), 39, 41, 47(2), 48, 49(4), 50(4), 56(2), 57(2), 58(4), 59(3), 70, 72, 81, 83, 84, 91, 98, 107. 108, 110. 111. 113. 114. Carteret, Lady Grace, Acting for her son John, Lord Carteret, Lord Proprietor, 207, 208. Carteret. John, Lord (1690-1763), subsequently Earl of Granville. Lord Proprietor. 107, 108, 110, 112. 113, 115, 142, 146, 154, 155, 157, 158(2), 159(4). 160(2), 161, 162. 165(2), 167(2), 168, 170, 171(2), 172, 173, 174, 175(2), 176, 177, 180, 182, 183(2), 184, 186(2), 187(2), 188, 190(2), 191(3), 192, 194(2). 195 (Palatine), 196, 198, 201, 205, 206, 207, 208, 210, 211, 213, 214, 215. 216. 219. 224(2), 226. 227. 228, 282 229, 230, 235, 238, 239, 241, 242(2), 243, 246(3), 248(2), 250, 251. 253(2), 254, 255, 257, 259, 260, 272, 273; Palatine, 264-268; Agent for Henry. Duke of Beaufort, 265. 266(2), 267, 268. Gary. Thomas, Lord Proprietor's Deputy, 81, 85. 88, 97, 101. 102, 103, 105 ; Commission as Deputy, 86 ; Receiver General, 109-110, 118, 145, 149, 167; Deputy Governor of North Carolina, 189. Cassiques, 27, 45, 48, 51, 52, 53, 57, 152, 169(2), 171, 186; Members of Grand Council (upper house), 14. Chamberlain, 9, 10. Chancellor. 9. 10. Chancellor of the Exchequer (Eng- land), 150. Chancery Court, 12, 147, 265, 270. Charles II., 34, 35, 114, 115, 237, 247, 248, 249, 253, 257. 262, 263, 268, 275, 277. Charles III., of Spain, 178. Charles Town, 15, 23(2), 44, 50, 57. 59, 72. 73, 80(2), 84, 87, 90(2), 96. 97, 98. 99, 100(2), 101, 102(2). 103(2), 104, 115, 118. 121(3), 123, 129, 1.34, 143, 144, 146, 147. 148, 150(2), 154(2), 192(2), 193, 207, 225. 243, 262, 273, 275 ; Act to prevent swine running at large in. 63, 66; Wharflng in of land of. 74, 75-76; Fort at, 100. 102, 144. 147; Great fire in, 103; South Channel of the harbor of, 117 ; Epidemics in, 129, 273 ; Provincial library in, 136, 137, 147; Preven- tion of encroachment of sea on wharves of, 147; Great guns at. 152 ; Batteries in. 152, 185-186. Chastaigner, Alexander Thesee. Sieur de Lisle, 110. Chastaigner, Henry August. Sieur de Cramahe, 110. Chief Justice, 9, 10, 166, 253, 256; Salary of, 197, 217, 270 ; Court of the, 36; Bohun, 109, 110, 111-112. 116, 117, 121-128, 129, 181. 146: Moore, 120, 129; Trott, 162-163. 186-187, 221, 222, 234, 255-256, 259-260, 261-262, 264-265, 265- 266, 267, 267-268; Gibbes, 221-222. 224. Church Act, 189, 192. 193, 204-205. Church of England. 130, 192. 193. 207. (See ministers.) Clarendon, the Earl of. Lord Propri- etor of Carolina, .32. Clarke, Samuel, 115. Clarkess, Charles, 219. Coin, 147. (See Foreign coin, money. ) Cole, Captain. 103, 104(3), 186. 205. 207. Cole and Been (galley), 151. Colleton, Charles. 90. Colleton, Landgrave James, 28, 47(3), 54, 56, 57(2), 95(2), 180- 184 ; Trustee for Granting Land. .3, 4, 18, 41, 43, 47, 72(2) ; Gov- ernor, 3, 4. 41, 45, 46, 70, 111: Proprietor's dissent to Act depos- ing, 18-22. Colleton. Landgrave John, 184-185. Colleton. Sir John (1679-17. .), Lord Proprietor, 76. 81. 83(2), 84, 95. 98, 107(2), 108, 110, 111, 112(2). 113(2), 114, 115. 146, 154, 158(2), 159(3), 160, 161, 162, 165(2), 167(2), 168, 170, 171(2), 172, 173, 174, 175(2), 176, 177. 180. 182, 183(2). 184, 186(2), 187(2). 188, 190(2). 191(2). 192, 194(2), 195, 196, 198(2). 201(2), 205, 206, 207, 208. 210. 211. 212(4), 213(3), 214, 215(2), 216(2), 218, 219(2), 220, 223. 224(2), 226, 227, 228, 229. 2.30. 231. 232, 2.33, 2,34(2), 235(2). 2.38(2). 2.39, 241, 242(2), 243, 246(3), 248(2)-, 249, 250. 251, 253(2), 255. 258. 260. 263. 264, 265(2). 266(3), 267. 268, 272(2). Colleton. Sir Peter. Lord Proprietor, .3, 4(2). 6. 9. 17(2). 18. 21, 22, 23, 24, 25. 26, 27, 29, 33(2), 39(2), 40(2). 41, 42, 43(2), 44, 45, 46, 47(2). 48(2). 49(4). 50(4). 56. 283 57(2), 58(4), 59(3), 60, 61(2), 65, 66(4), 68(2), 70(2), 71, 72, 73, 76, 78(2), 91, 108, 111. Colleton, Peter, 220(2). Colleton, Col. Thomas, 219; Barony of, 231. Colleton County. 13(2), 51. 85, 87. 93. 152, 245. Collins. Capt. John. 129. Colson, John, 134. Coltou, J. Hynde, 256. Combahee, Cassique of, 73. Combahee River, 13, 101. Coming, John, Lord Proprietor's Deputy, 47, 54, 57 ; Commission as Deputy, 33. Commissioners for the Sale of Lands, 147-148, 212, 213, 218. Commissioners of Trade and Planta- tions, Lonls, 101-102, 169-170, 204. Commons House, 102, 135, 136, 137, '38, 139, 147, 148, 151, 171, 193; How elected, 13, 14. Conant, Richard, Lord Proprietor's Deputy, 25, 29, 47, 57, 81; Com- mission as deputy, 8. Constable. 9, 10. Cook, Lord, 137. Cooke. Thomas, 258. Cooper River, 54, 219 ; The western branch of the T of, 212. Coosaw, Cassique of, 73. Corn, 41, 53. 57. 61, 73. Cotton, 17, 71. Council. (See Grand Council.) Counties, 48, 51, 52, 53, 63, 75, 93. County Courts, 11, 12, 36. County Surveyors. 245. Courtis, Elizabeth, 147. Courts. 5. 11, 36, 38, 46, 76, 83, 117, 121-128, 136, 138, 144, 147, 148, 149, 166, 169, 2.39, 245, 251, 256, 259, 264, 265, 267-268, 269, 270, 271(2) ; Quarters for, 270; Clerks of, 270, 271. Craven, Sir Anthony, 257. Craven, Charles, Secretary, Com- mission as Secretary, 228-229 ; In- structions to, 229-230, 243-246, 254-255; Governor, 241-242, 256- 257, 259-260, 260-261, 273-274, 274, 275-277 ; Commission as Governor, 242-243, 253. Craven, William, Earl of (1608- 1697), Lord Proprietor, 47, 49(4), 50(4), 56(2), 58(2), 59(3) ; Pala- tine, 3-6. 17-19, 21-27, 29, 33, 39-48, 57-58, 60-62, 65-66, 68-74, 76-81. 83-84, 91, 98, 108, 111, 112. Craven, William, Lord (1668-1711), Lord Proprietor, 107(2), 108, 110, 111, 112, 113(2), 114, 115, 154, 155, 157, 158(2), 159(2), 160, 161, 162, 164, 165, 167(2), 168, 170, 171(2) 172, 173, 174, 175(2), 176, 177, 180, 182, 183(2), 184, 185, 186(2), 187(2), 188, 190(3), 191(2,) 192, 194(2), 195, 196, 198(2), 201, 205, 206; Palatine, 206, 207-208, 210-216, 218-220, 222-224, 226-239, 241-243, 246, 248, 250-251, 253; Acting for John, Lord Carteret, 211, 214, 224, 226, 229, 230, 233, 235. Craven, William, Lord (1700-1739), 253(2), 264, 265(2), 266(3), 267. 268, 272, 273. Craven County, 13(2), 51, 80, 81(2), 85, 87, 90, 93(3). 94, 96(2), 99, 273. Cross, John, 151. Crowther, , 122. Cuba, 138. Customs (duties, impositions), 17, .34. 71. 116, 127, 147, 148, 247, 248, 261, 262; Collector of, 87. 115 (Guerard). D'Albert, Peter, 4. Daniell, Major Robert, 35, 115(2), 116 ; Lord Proprietor's Deputy, 106, 118, 120, 121. 1.32, 135, 139, 140, 143, 144, 145, 150, 153, 163; Commission as Deputy, 108; Patent as Landgrave, 163-164, 186; Commission as temporary judge. 260-261. 284 Danson, John, Lord Proprietor, 210, 211, 212, 213(2), 214, 215(2), 216(2), 218, 219(2), 220, 223. 224(2), 226, 227, 229, 230, 231. 232, 233, 234, 235, 236, 238, 239, 241, 242(2), 243, 246(3), 248, 249, 250, 251, 253(2), 255, 260, 264. 265(2), 266(3), 267, 268, 272, 273. Dartmouth, Lord, 204. DeLonguemare, Nicholas, 41, 42. Dearsley, George. Lord Proprietor's Deputy, 153. Defenses (forts, batteries, guns, etc.), 100, 102. 144. 147, 152, 225, 227. Denization, 87-88. Deputies of Lords Proprietors, 34. 45, 82, 136, 154. 167 (Trustees), 170, 253; How appointed, 10-11. 11 ; How vacancies among are to be filled, 11, 77-78; How removed, 10, 26, 30; Blake. 9, 25, 29, 30. 47. 54, 57, 81, 83-84. 85, 88, 92, 94: Bull, 7, 25, 28, 29, 81, 85, 92, 94. 97, 101, 102, 103, 104; Conant, 8, 25, 29, 47, 57, 81; Grimball, 7. 25, 29, 47(3), 54. 56(2), 57(2), 81. 85 ; Coming, 33, 47, 54, 57 ; Thomas Smith (16.. -1694), 8, 25, 29, 54. 56, 57(2) ; Thomas Smith (1664- 1738), 202; George Smith, 202. 221, 222; John Beresford, 19, 22. 26(2), 30(2), 85, 88(2), 92. 97. 102, 202; Richard Beresford, 222. 249, 261 ; Muschamp, 19, 22, 26(2) ; Harris, 19. 22, 26(2) ; Hawett, 81, 85, 92, 94. 97, 101, 102. 103, 104. 105; Gary, 81. 85, 86, 88, 97, 101. 102, 103. 105; James Moore. 85. 86, 92, 94, 95, 97, 101, 102, 103, 104, 105, 106, 118(2), 121, 128, 132, 133, 135, 139, 140. 145, 1G3, 175; Joseph Morton (16.. -1721), 91. 97, 101, 105, 118 (2), "121, 133, 135, 139, 140, 143, 148, 150, 163; John Morton, 105; Daniell, 106, 108, lis, 120, 121, 132, 135, 139, 140. 143, 144, 150, 153, 163; Gibbes, 108-109, 118, 120, 121, 128, 143, 145, 148, 149, 150, 153, 154; Le- Noble, 109, 118, 128, 132, 133, 135, 139, 140, 145, 147, 148(2), 149. 150, 153, 154, 163, 192; Bellinger, 106, 118(2), 121, 128, 132, 133. 135, 130, 140. 143, 145(3), 148(2). 149, 150, 153, 154; Wick, 148(2), 149 ; Parris, 153, 154 ; Dearsley, 153; Broughton, 159-160, 163, 192, 201, 222, 248-249; Trott, 170, 192, 203; Middleton, 248, 261; Hart, 237, 253-254, 261; Eveleigh, 250, 261 ; Izard, 2G1 ; Boone. 268 ; But- ler, 272. Deputy Governor. 82. 98. 161; Blake, 88, 98-99. Deputy Secretaries : Hobson, 6-9, 17-18, 22-23, 25-27, 29, 33, 35, 43, 64-65. 78; Hamilton, 45, 48, 61, 62, 65, 66, 68. 73, 74, 76, 77, 79, 80; Odingsells, 81, 83(2). 84(2), 85, 86(2), 88(2), 90(2). 91(2). 92, 94, 95, 96, 97, 99; Wig- ington, 105-106, 108, 109, 110, 111. 112(2), 115, 119, 142, 143; Barn- well, 175, 176, 177(2). 180, 182. 183(2), 184, 185, 186; Evans, 187. 188, 190, 191, 194, 195. 196, 198: Hepworth, 208, 210, 211, 212, 218. 220, 235, 239, 241, 242, 243, 246(2). 248, 249, 250, 253, 254, 274, 276: Bourke, 263(2). 265. 266(2). 268. 273. Deserters, 148. Discontent of the people. 74, 84-85. 139-140. Distemper, 129, 189. (See Epi- demic, Smallpox.) DuGue, James, 39. Dunlop, William, 18. Durant, George. 31(2). Dutch, 178: Churches of. 64. Edisto, Queen of, 73. Elections, 63, 66, 77-78, 85, 87, 90, 92, 93, 94, 102, 135, 136. 141, 152. Embargo, 154. Ely. John, Receiver General, 118. 285 129, 145, 168 (James) ; Commis- sion of, 107-108. England, 15, 17, 18(2), 19, 20(2), 22, 24, 30, 31(3), 32, 34, 35, 37(3), 49, 57, 58(2), 62, 65(2), 72(2), 79, 81. 82, 87(2), 94, 96, 98, 99(2), 100(2), 101, 104, 114, 116, 118, 119, 125, 126, 136, 148, 156, 161, 163, 170, 172, 178, 181, 183, 187, 197, 199, 203(3), 204, 211, 229, 235, 257, 269, 272, 275, 277; Laws of, 13, 22, 29, 37, 51, 62, 65, 71, 116, 121, 225, 227, 251; Power of kings of, 34-35 ; Commissioners of the Customs in, 115 ; Union of witti Scotland, 204, 205. Epidemic, 129. 189. (See Small- pox.) Escheator, 107. Escheats, 82, 139, 140, 169, 190, 215, 218, 226, 241, 250. Europe, 143, 144. Evans, George, Deputy Secretary, 187, 188, 190, 191, 194, 195, 196, 198; Deputy Register, 191; Com- mis.sions as Attorney General, 190, 250-251: Instructions for, 251-153. Eveleigh, Samuel, Lord Proprietor's Deputy. 261 : Commission as Deputy, 250. Exchange, 4, 259. Exchequer, Court of, 136. Exports. 203, 262. 263. False reports, 71. Farr, John, 28. Fees, 46, 98, 122, 126. 127, 128, 148. 163, 172, 188, 215, 219, 222, 228. 236, 245, 246. 251. 261. 265, 272. Felons, 241. Ferries, 52. Fever, 135. Fines, 15, 166, 190. 196. 215. 217. 221. 239, 250. Fish. 26, 243. Flavel, Captain, 130. 204. 206. Fleury, Isaac, 68. Foreign coin. 102. Forster, Captain, 128, 130. Forts, 100, 102. 144, 147. 225. 227. 243. France, 100(2), 118, 178, 179, 263. 266 ; Proclamations of peace with. 103-104, 255-256; War against. 153. Frauds, 99, 102. 114. 115, 151, 247. - Freights, 17. _ French, 63-64, 81, 84, 85, 87, 92, 93, 94, 96, 97, 99, 100, 101(2), 102. 116, 149, 169, 178, 188, 245; Min- isters of the, 64 ; Churches of the, 64, 189; Settlement of the, on the Santee, 193, 194. ( See Aliens and Naturalization. ) Fundamental Constitutions, 29. 34. 60, 67, 76, 78, 79, 83(2), 88, 95. 106, 108, 115, 127, 131, 137, 159. 161, 168. 171. 172. 180. 185. 201. 202(3). Gaillard, John, 220-221. Gee, Orlando, 119. General Assembly, 46(2), 63(2), 65. 66. 70. 79. 80-81, 82, 83, 85, 90, 92. 93, 94, 97, 99, 100, 101, 102, 104. 105, 116, 117, 122, 127, 135, 136. 137, 138, 140, 147 (parliament). 150, 151, 152, 155, 160, 161, 168. 169, 192, 193, 201, 206, 212 (par- liament), 213, 225, 227, 228, 229. 237, 238, 241, 244, 248. 251. 252. 256, 270. George I., 266. Gibbes, Robert. Letter of to Gov- ernor and Council, 90 ; Commis- sion as Deputy, 108-109 ; Lord Proprietor's Deputy, 118, 120, 121. 128, 143, 145, 148, 149, 153. 154: Commission as Chief Justice, 221- 222, 224; Controversy of with Broughton, 253; Governor. 253. Gibson, Capt. James, 143. Gignilliat. Jean Francois. 3. 4. 40. 41. Godolphin, Lord, 150. Goodrick. Sir Henry. 150. 286 Governor, How named, 10, 15 ; Sal- ary of, 197, 253, 270; Morton, 3, 40, 42, 46, 62, 69, 91 ; Colleton, 3-4, 18, 19, 41, 45, 46, 70, 111 ; Ludwell, 5-6, 9-16, 24, 25, 29, 44, 45, 46, 47, .71, 79, 93, 143; Sothell, 18-25, 27- 29, 67-68; Quary, 28; West, 39, 40, 41, 42, 68 ; Smith, 48, 51, 60, 68-69, 70, 78, 79; Blake, 80, 96, 97, 101- 106, 118(2), 120, 128, 132, 133, 135, 139, 140, 143, 145, 149, 249; Arch- dale, 80-8G, 88, 91, 92-94, 95-96, 98-99, 112, 116, 145, 146, 167, 169; Moore, 142-143, 145, 148-150, 153; Sir Nathaniel Johnson, 160-161. 162, 163, 165, 167, 168-170, 170- 171, 175, 176, 182, 186, 188-190, 192, 204-205, 206-207, 207-208, 220-222; Tynte, 219, 222-223, 224- 226, 230, 232, 233-234, 235-236, 253 ; Gibbes, 253 ; Craven, 241-243. 253, 254-257, 259-260, 260-261. 273-274, 275-277; Robert Johnson. 257 ; A house for, 270. Grand Council, 18, 22(2), 38, 65, 82, 83, 90, 93, 96, 104(3), 123, 125, 146, 147, 149, 151, 152 (upper house), 154. 155, 156, 157, 160, 161, 165, 168, 170, 172, 186, 188, 201, 210, 213, 226, 228, 229, 236, 237, 238, 243, 244, 247, 251, 252. 254, 255 ; How composed, 11 ; Books of burned, 128; Commons House denies authority of as an Upper House, 136-137, 138 ; Clerks of: Moseley, 151, 153; Barnwell. 159(2), 160, 162, 163, 165(2), 167. 168, 170 ; Meeting place for, 270. Granville, John, Lord (1665-1707), Lord Proprietor, Palatine, 154, 158-162, 165, 167-168. 170-177, 180, 182-184, 186-188, 190-192, 194-198, 201, 205-206; Death of, 206, 207- 208; Guardian of his nephew, John, Lord Carteret, 154, 158, 159, 160, 161, 165, 167, 168, 170. 171, 172, 173, 174, 175(2), 176, 177, 180. 182. 183. 184, 186. 188. 190. 191(2), 194(2), 195 (Pala- tine), 196, 198, 201, 205. 206. Granville County, 245. Granville's Bastion, 226. Great Britain, 198. 244, 254, 255. 259, 260, 263, 266. Greenland and Eastland trade. 114. 247, 262(2). Grievances, 138. Griffiths, James, Secretary of the Lords Proprietors, 173, 180, 182, 184(2), 185, 187, 188, 191, 192, 194, 195(2), 196, 197. 198, 201(2), 206; Landgrave of Port Royal, 187, 188, 191, 195, 196, 197, 198. 201(2), 206. Grimball, Paul, Lord Proprietor's Deputy, 7, 25, 29, 47(3), 54, 56(2), 57(2), 81, 85; Commission as deputy, 7; Receiver General, 17. 18, 26, 72(2) ; Trustee for Granting Land, 18, 44, 72; Secre- tary, 27-28, 33, 46, 48, 60, 64, 68. 69, 70(2), 71, 78. Guerard, Peter Jacob, 185 ; Col- lector of Customs, 115. Guilford, , 256. Guns, 147, 152. Habeas Corpus Act, 123. Hales. John, 124, 125. 127. Hamburg, Europe, 198, 199(2). Hamilton, John, Deputy Secretary. 45, 48, 61, 62, 65, 66(4), 68, 73(2), 74, 76, 77, 79, 80. Harleston, John, 275. Harris. John, 31 ; Lord Proprietor's Deputy, 19, 22, 26(2). Harrison, Edward, 259(2). Hart, Charles, Secretary, 261 ; Com- mission as Secretary, 236-237 ; In- structions for, 237-238; Lord Pro- prietor's Deputy, 261; Commis- sions as Deputy, 237, 253-254. Haslwell, Edward, 259. Havana, Cuba, 100, 133. Hawett, William, Lord Proprietor's Deputy. 81. 85. 92, 94, 97, 101. 287 102, 103, 104, 105. Hedges, Secretary, 150. Hepworth, Thomas, Deputy Secre- tary. 208, 210, 211, 212, 218, 220, 235, 239, 241, 242. 243, 246(2). 248. 249, 250, 253, 254, 274. 276. Herbert. , 204, 210. High Steward. 9, 10, 43. Hobson, Joshua, Deputy Secretary. 6-9, 17-18, 22-23. 25-27, 29, 33, 35. 43, 64-65, 78. Horses. Act to prevent bringing in of, 148. Howes, Job. 20, 35 ; Commission as Surveyor General, 159 ; Instruc- tions for, 165 ; Surveyor General, 167 ; Trustee for Granting Land, 182 ; Death of, 189. Hughes, Richard, 241-242. Humphrey, Richard, 30(2). Hutton, Justice, 137. Hyrne, Edward, Naval Officer, 234; Commission as Naval Officer, 219. Importations, 203, 209. 262. 263. Indemnity, Act of, 70. Indented servants, 156. Indians, 15, 46, 60, 71, 73, 74, 88, 133, 144, 169, 245; Smallpox among, 105. 147 ; Trade of, 105. Indigo, 17. Ireland. 99. 118, 259, 263, 266. Izard, Ralph, 20. 28, 35; Lord Pro- prietor's Deputy, 261. Jail, 265. (See Prison.) Jamaica, 133, 143. 144, 261. James II., 152. Johnson,- Sir Nathaniel. 35(2), 152, 154 ; Commission as Governor. 160-161,; Instructions for, 368- 170, 171; Governor. 162, 163, 165, 167. 170. 175. 176. 182. 186. 188- 190, 192, 204-205, 206-207, 207- 208, 220-222. Johnson, Robert, Governor, 257. Johnston, Rev. Gideon, 207. Juckes, Landrave Edward, 222-223; Patent as Landgrave, 223-224: Commission as Deputy Governor of North Carolina, 226-228. Judges, 29, 46. 83. 120, 121, 338, 162-163, 186-187, 220-221, 252, 255. 259, 260, 261 ; How appointed, 28. (See Chief Justice.) Juries, 11, 62-63. 65. 66. 76-77, 79, 81, 83, 87, 102, 103, 116, 122, 125. 134. 135, 138. 139, 161. Kensington, England, 99. Ketelby, Landgrave Abel, 235-236. King William, 20, 53. LaRoux, Lewis, 220. LaRoux. Stephen, 220. Land, 103, 166 ; Rules and instruc- tions for granting or selling, 51- 60, 71, 78, 79, 82, 110, 118, 139. 140, 146, 150, 155, 156, 165, 167, 169, 173, 195-196, 211-212, 218, 229, 231, 238, 240, 254-256, 268- 270 ; Act respecting quit rents of. 102 ; Commissioners for the sale of. 147-148, 212. Landgraves, 27, 45, 48, 51, 52, 53. 169(2). 171, 186, 206; Morton (1st), 3, 40, 42, 46, 62, 91; West, 41, 72; James Colleton, 3, 4, 28, 41, 43, 45, 46, 47. 70, 72, 95, 111. 180-184; Smith (16.. -1694), 47. 98; Smith (1664-1738), 202 ; Blake (16.. -1700). 84. 92, 120; Morton (2nd), 124; Wick, 149, 198-201, 204; Willimott. 174-175; Griffiths. 187, 188, 191, 192, 194, 195(2). 196, 197, 198, 201(2); Juckes, 222-224; Ketelby, 235-236, Bayley, 257-258 ; Members of Grand Coun- cil (upper house), 14. Lawyers, 64 (Hobson), 87. LeBas, James, 44. 61. LeGrand, Isaac, Sieur d'Anarville. 43. LeNoble. Henry. 274-275; Lord Proprietor's Deputy, 109, 118, 128, 132. 133, 135, 139, 140, 145, 147, 148. 149. 150, 153. 154, 163. 192. 288 LeRoux, Bartholomew, 69-70, 70. Library, 136, 137, 147. Liquors, 147, 148. Logan, George, Treasurer, 129. London, England, 27, 62, 70, 74, 78, 79, 84, 87, 115, 118, 130, 133, 151. 166, 170, 219, 221. 247, 248, 254, 259; Bishop of, 129, 207; Letter of Council to Bishop of. 130. Lookout, 117. Lord Chamberlain (England), 150, Vice Chamberlain, 150. Lord Keeper (England), 150. Lord President, 150. Lord Steward, 150. Lords of Trade and Plantations, 255. Ludwell, Col. Philip, 43, 44(4) ; Governor, 5-6, 24, 24-25, 25, 29, 44, 47, 71. 79; Instructions for, 9-17, 45-46, 51-60, 71, 80," 85, 93(3), 143. 206 ; The freemen of Carolina to, 34-35 ; Commission as Surveyor General, 43. Lunemburgh. 266. Mailhett, Peter, 275. Mailhett, Stephen, 275-277. Manchester, Lord, 157. Mann, Captain. 93. 115. 139; Ship of, 79. Manors, 3, 40(2), 61, 110, 112. Manufactures, 92. 203. 204, 243. Mariners, 147. Marriages, 64. Marshal of the Admirality. 10, 122. 123, 124. Marshal of the regiments, 10. Marshall, Rev. Edward, 116. 129. 130. Martial law, 19, 22. Mathewes, Anthony, 134. Mathews, Maurice, 67. 72. 73. Matthews, George, 31. Maverick, John, 70. May, Mrs. Elizabeth, 273-274: Bond of. 274-275. May, John Rudolph, 273-274. Mayrant, James Nicholas, 277. Mayrant, Nicholas, 276-277. Meadows, Philip, 204, 210. Meadows, Thomas, 256. Mexico, 72. Middleton, Arthur, Naval Officer. Commission as Naval Officer, 246 ; Instructions to, 246-248; Lord Proprietor's Deputy, 261 ; Com- mission as Deputy, 248. Militia, 5, 15, 19, 83, 102, 123, 203, 266. Miller, Thomas, 108. Mines, 181. Ministers, 130, 192, 193, 207, 267; Marshall, 116, 129-130; Johnston. 207. Mississippi River. 147. Mogul, 71, 74. Monckton, R., 204 (Monckooy). 210. Money, 17, 72, 75, 147, 148, 161, 241 (cash). (See Coin and Foreign coin.) Moore, Arthur, 256. Moore, James, 20, 35, 78. 189; Lord Proprietor's Deputy, 85. 92, 94. 97, 101, 102, 103, 104, 105, 106. 118(2), 121, 128, 132, 133, 135. 139, 140, 145, 163, 175; Commis- sions as Deputy, 86, 95 ; Receiver General, 118. 145, 167(3), 168. 171, 174, 184(2), 197; Chief Jus- tice, 120 ; Secretary, 145 ; Com- mission as Chief Justice. 120 : Governor, 142-143, 145, 148-150. 153-154 ; Commission as Receiver General, 158-159 ; Instructions for. 166-167 ; Trustee for . Granting Land, 182; Expeditions of. 186: Death of, 189. Moore, John, 35. Morton, John. Lord Proprietor's Deputy, 105. Morton, Landgrave Joseph (16..- 1686), Governor, 3, 40, 42. 46. 62. 69, 91. Morton, Landgrave Joseph (16..- 1721), Lord Proprietor's Deputy. 97, 101, 105, 118(2), 121. 133, 135. 139, 140, 145, 148, 150, 163; Com- mission as Deputy. 91 ; Judge of 289 the Court of Admiralty, 120, 124, 131. Moseley, Edward, Clerk of Council, 151, 153. Mowberry, , 31. Mulberry, The (plantation), 212- 213. Muschamp, Georg;e. 19, 22, 26(2). Naturalization, 60, 87, 88, 96, 97. 100, 102, 116, 137. (See Aliens.) Naval Officer: Trott, 114-115; Hyrne, 219, 234; Middleton, 246- 248; Brooke. 272-273. Navigation, Acts of, 16, 17, 87, 88, 99, 114, 131, 136, 169, 247. 248. Neanaugh, Ireland, 259. Negroes, 31, 130, 133. 203, 208, 209. New Providence, 129, 134, 261. New York, N. Y., 70, 87. 117. Nicholas, James, 42. Nicoll, Benjamin, 151. Nobility of Carolina, 27, 36, 180. North Carolina, 44, 82(3), 88, 146. 160(2), 161(2), 168, 189, 221, 224. 225, 226. 227, 228; Deputy Gov- ernor of, 189, 226 ; Council of, 189 ; Boundaries between South Caro- lina and, 256. North Edisto River, 135. Nottingham, Earl of. Secretary of State (England), 153, 176(2). 177(2). Nottle. Mrs.. 104(2). Odingsells. Charles, Deputy Secre- tary, 81, 83(2), 84(2), 85, 86(2). 88(2), 90(2), 91(2), 92, 94, 95. 96, 97, 99. Ordinary (Judge of Probate). 273. 275. Overton. Benjamin, 115. Oxford, Earl of, 150. Palatine (official), how selected, 9; Powers of, 10(3), 14(2), 16, 26, 27, 46, 56, 67, 75, 77, 107, 169; Deputy of the, 10; Acts of other Proprietors, and, .35-.39 ; Acts passed upon by other Proprietors and. 65-66 ; Sefal of. 44 : Court of. 78, 125, 155(2), 156, 172, 188, 210; Craven (1608-1697), 3-6, 17-19, 21-27, 29, 33, 39-48, 57-58, 60-62, 65-66, 68-74, 76-81, 8.3-84, 91,98, 108, 111, 112; Bath, 106-115, 140- 142, 145-146, 150, 154-155, 157, 163- 165, 257-258; Granville, 154, 158- 162, 165, 167-168, 170-177, 180-184, 186-188, 190-192, 194-201, 205-206; Craven (1668-1711), 206-208, 210- 216, 218-220, 222-224, 226-239, 241- 243, 246, 248, 250-251, 253; Beau- fort, 253-255, 257, 259, 272-273; Carteret (1690-1763), 264-268. Palatines (people), 232. Pardons, 75, 207. Parishes, new, 193, 194. Parliament (General Assembly), 147, 150, 151, 152. Parris, Alexander, Lord Proprietor's Deputy, 153, 154. Pasquereau, Charles, 275. Percival, Andrew. 20. 35. Peru, 72. Petineau. John, 275-277. Petineau, Mrs. Judith, 275-277. Pettibois, or James Nicholas, 42. Pewter, 31. Peyre, David, 275. Pilotage, 148. Pilots, 117. Pines, Captain, 146. Piracy, 17, 36, 62. 121. 133. 134. 138, 139. Pirates, 16, 24, 28, 30, 38(2), 60, 63. 74, 116, 131. 133, 134, 1.35, 148, 149. Pollock, Thomas, 30(2). .31(2), 71. Population, Increa.se of, 117. Port Royal, Landgrave of (James Griffiths), 187, 188. 191, 192, 194, 195, 196, 198, 201(2), 206. Port Royal River, 245. Port towns, 51. Povey. John, 151. 157, 162. Powder, 101. Prison, 270. (See Jail.) Prisoners, 148, 255, 265. Privateers, 176, 177, 178, 179; Act for suppressing, 35-39. 290 Privy Council (Enslaud). 150. Prizes, 176. Protestants, 102. Providence (frigate), 134. Provost Marshal. 12. 98. 122. 123. 124, 264-265. Public Buiklin!?.s, 257. 270(2). Public School, 270. Pulteney, J., 204, 210 (Pulkney). Punishment. 71. 207. Quarries, 181. Quary. Robert, 20, 28. 35; Surveyor General of Customs for the Southern Department, Commis- sion of to William Rhett as Dep- uty, 261-262: Instructions of to William Rhett, 263. Queen Anne. 157. 158. 176. 177. 208. 263, 266. Queen Mary, 20, 53. Quit rents, 17, 18. 48. 72. 75. 78. 79. 82, 96, 102, 104. 105, 140. 158, 165. 166, 169. 170, 181, 182-184, 189. 191, 196(2), 197, 212(2), 216, 217, 218, 220, 222, 226, 227, 228, 229- 230, 231, 232, 236, 238, 239, 242. 245. 251, 255. 256. 268. 269. 271. Randolph. Edward. 117. 1.34. Ranelagh. Earl of. 150. Ravenel. Rene. 273. Rawlins. Edward, Marshal. 20, 129. Receiver General. 16, 74-75: 145, 145-146, 146, 183, 189, 235, 252(2), 253, 269(2), 270(3). 271; Grim- ball, 17, 18, 26, 72 ; Cary, 109-110, 118, 145, 149, 166-167 ; Moore, 118, 145, 158-159,166-167,168.171. 174, 184(2), 197; Ely, 107-108, 118. 129, 145, 168; Bellinger, 129, 140. 150, 168; Ashby, 184, 191. 196. 244; Sayle, 216, 216-218, 230-231. 234. 244 ; Rhett. 238-241. 244. 267- 268. Records. 27-28. 155, 156, 165. 172. 195-198. 211-212. 217. 229, 237-238. 251, 269, 271 ; Copies of to be sent to Proprietors. 172. 203. Red Sea. 63. 71. 74. 139. Register of Births and Marriages. 10, 130. Register of Writings, 10, 18, 57, 64, 72, 155 (Wick), 230; Trott, 187- 188; Deputy, 191 (Evans). Revenues. 120. 221. 252. (See Cus- toms. ) Rhett, Mrs. Sarah. 144. Rhett, William. 134. 135, 149; Re- ceiver General, 244, 267-268 ; Com- mission as Receiver General, 238- 2.39; Instructions for, 239-241; Commission as Surveyor General of Customs for South Carolina, 261-263; Instructions to. 263. Rice. 131, 231. 2.35. Rising 8nn (frigate). 143. Roanoke River, 13. Royal African Company. 208. 209. Rum. 116. Sadler. William, 73. Santee River, 220 : French settle- ment on. 193, 194. Saunders. William, Commission as Attorney General, 215. Savannah Indians, 71, 74. Sayle, Nathaniel. Receiver General. 230-231, 234, 244; Commission as Receiver General. 216 : Instruc- tions for, 216-218. Scarbrough. Lord. 157.. Schenckingh, Barnard. 18. 28; Trus- tee for granting land. 72. School, 270. Scotch, 81, 101. Scotland, 118, 204. 205. Seal of the Province. 26. 27. 173. 239. Secretary, of the Province, 27, 64, 117, 125, 147, 148, 166 ("secur- ity"). 191, 245, 251, 253, 269, 270, 271, 273, 274. 276(2) ; Salary of. 197. 217. 271; Quary, 28; Grim- ball. 27-28, 33. 46. 48, 60, 64, 68, 69. 70. 71. 78: Moore, 145; Wick, 149. 154-1.55, 198; Willimott, 171- 174, 199; Trott. 187-188; Wiging- ton. 210-212. 223. 226 ; Craven, 228- 2,30: Hart. 2.36-2.38. 261. 291 Seditious speecli, 71. Seewee Bay, 133, 135. Seewee River (Awendaw Creek), 13(2). Selgnories, 52, 53. Sergeant-at-Arms of the Chancery. 10. Servants, 203. Settlers, 207 ; Bounties for securing, 69. Shelton, Richard, Secretary of tlie Lord.s Proprietors. 217, 240. 253. 256. Sheriffs, 11(2). 1.3. 21. 28. 46. 62. 65. 93, 252. Ships, 128, 131, 156, 173, 186, 203, 209, 219, 238, 246, 247, 272 ; Build- ing of, 146. 204. Silk, 17. Skeech, 135. Skins, 127. Skipwitli, Fullwar, Guardian of William, Lord Craven, Lord Pro- prietor, 253(2), 254, 265, 266(2), 267, 268, 273. Slaves (Negroes. Indians), 31, 130. 144, 208, 209. Smallpox, 103, 105, 135. Smith. Captain, 154. Smith, George, Lord Proprietor's Deputy, 202, 221, 222. Smith, Thomas (16.. -1694), 18, 28, 65 ; Lord Proprietor's Deputy, 25, 29, 54, 56, 57(2), 65: Commis- sion as Deputy, 8 ; Landgrave, 57(3) ; Commission as Governor. 68-69 : Governor, 48, 51, 60, 70, 78. 79, 80, 82, 84, 93, 98; Sheriff of Berkeley County, 65 ; Trustee for granting land, 72. Smith, Thomas (1664-1738), Public Receiver (Treasurer), 137; Lord Proprietor's Deputy, 202. Smith, Capt. William (vintner). 121. Smith, William (laatter), 207. Somerset, Duke of, 150, 157. Sothell, Seth, Lord Proprietor, 3, 40, 47(2), 48, 49(4), 50(4), 56, 57(2), 58(4), 59(3). 67. 81; Orders of Proprietors deposing as Governor, 18-25, 27-29, 64, 67-68; Letter of Proprietors to, 29-33. South Carolina, 82(3), 89(3), 98(2), 160(2), 161(2), 166, 168, 195, 196, 205, 211, 221, 222, 224, 225, 226, 254(2), 259(3), 260, 261, 264, 265(3), 266(3), 273, 275; Boun- daries between North Carolina and, 256. Spain, 1.38, 177. 178(3). 179: War against, 153. Spaniards, 15, 143, 169, 176, 177(2), 179, 188, 245. Speaker: Trott, 136, 137, 138, 139. St. Augustine, 154. St. Helena, Queen of, 73. St. Julien, Peter de, 274-275. Stamford, 204, 210. Stanyarne, James. 104. State House, 270. States General of the United Prov- inces, 177, 178(2), 179. Stepney, Mr., 203. Stevens, Robert. 69-70, 70. Stewart, John, 31, 95(3). Stock, 80. Stono, Cassique of, 73. Stono River, 13(2). 54. Storm, 143. Stowe, Captain, 103(2). 104(2). 129. Streets, 74, 75, 76. Sullivan's Island, 147. Sunday, Act respecting, 63, 65. Surveyor General, 10, 39, 40, 41, 42, 43(2), 52, 55, 61, 69, 91, 110, 112, 155, 156, 172, 173, 188, 210, 211, 228, 229, 236, 238, 241, 245: Bel- linger, 106-107; Howes, 159, 165, 167: Broughton. 194-196. 1.32. 241- 242 Surveyor General of Customs for South Carolina, 261-263. Swine. Act respecting, 63, 66. Swiss, 40. Thornburgh, William, Guardian of Sir John Colleton, a Lord Pro- prietor, 83(2), 84, 95, 107, 108, 110. 112(2). 11.3. 115, 142, 146, 292 165, 258 ; Trustee of a proprietary share, 107(2), 108(2), 109, 110, 111, 112, 142, 146, 165, 258. Tobacco, 114. Tomlin, John, 31. Trade, 26, 88, 92, 99, 102, 103, 117. 128,129,143, 152, 169, 178, 203(2), 208, 209, 243, 247, 248, 261, 263, 267; Acts of, 16, 17, 87, 88, 99, 101, 102, 114, 115, 131, 136, 147, 151, 169. Treason, 36, 252. Treasurer, 9, 65, 136 (Public Re- ceiver), 137, 147, 157, 216, 252; Amory, 129, 144; Logan, 129; Smith, 137; Ashby, 191; Sayle. 216 ; Rhett, 238-239. Trott, Nicholas, of South Carolina. 144 ; Commission as Attorney General, 113; Attorney Gen- eral, 116, 167 ; Commission as Naval Officer, 114-115 ; Naval Offi- cer, 115 ; Bellinger's narrative against, mentioned. 131 ; Suspen- sion of by Council, mentioned, 131, 152; Speaker of the Com- mons House, 136, 137, 138, 139; Commissions as Chief Justice, 162-163, 186-187, 234; Chief Jus- tice, 221, 222, 255-256, 259-260, 260-261, 264-265, 267-268; Com- missions as Deputy, 170, 263 ; Lord Proprietor's Deputy, 192 ; Trustee for Granting Land, 182 ; Commission as Secretary and Reg- ister, 187-188; Directed to ratify Acts, 265-266; Compilation of lavFS by, 267. Trott, Nicholas, of London, Lord Proprietoj-, 170, 202. Trustees for Granting Land, 167, 169. (See Deputies of Lords Pro- prietors. ) Turberville, Fortesque, Commission as Deputy, 213 ; Commission to probate wills, 213-214. Tynte, Col. Edward, Governor, 219, 222-223, 226-228, 230, 232, 233-234. 235-236, 253; Commission as Gov- ernor, 224-226. United Provinces, 177, 178(2), 179. Vernon, James, Secretary, 150, 157. Virginia, 13, 44, 122, 156, 229, 238. Voting, 63, 92, 94. Walsh, Patrick, 151. Wadboo (barony), 180-183, 185. Want, Mrs. Mary, 147. Warr, Mr., 189. Warrants for lands, 173. Watkins, , 124, 127. West, Joseph, 44 ; Trustee for Sale of Land, 3, 4, 41, 72 ; Governor, 39, 40, 41, 42, 68. West Indies, 97(2), 177, 178, 179(2). Westbrooke, , 71, 74. Westminster. England. 20. 163. 187. Whales, 26. Wharfs, 74, 75. Wichcaugh, Cassique of, 73. Wick, Landgrave John, Lord Pro- prietor's Deputy, 148, 149 ; Secre- tary. 149 ; Commission as Secre- tary and Register, 154-155; In- structions to, 155-157 ; Restora- tion of title and property to, 198- 201, 204. Wigington, Henry, Deputy Secretary 105-106. 108, 109, 110, 112(2), 115, 119, 142(3), 143; Secretary, 223, 226 ; Commission as Attorney General, 132-133; Commission as Secretary, 210-211 ; Instructions to, 211-212. William III., 118, 152, 157, 247. Willimott, Edward, Commission as Secretary, 171-172; Instructions for, 172-173; Secretary, 173-174; Patent as Landgrave, 174-175, 204 ; Commission as Deputy, 185 ; Frauds of, 199-201. Wills, 213-214. Wimbee, Cassique of, 73. Wragg, Samuel. 235. Wrecks, 166, 196. 217. 240. Wrighters, N., 157. Writs of Error, 12. Yonge, Walter. 115. .^^ o s A ^0 ^0' .%^ ^> '^^ ^^'-^^ '• 6 ' ■^ A* •'■SI©*'- ■'">?•, ^^^^^^^^■^ "-.^K*" ^'^^V %-^W ^^^^^ ^^ .4.^