t Digitized by the Internet Archive in 2016 with funding from Boston Library Consortium Member Libraries https://archive.org/details/colonialrecordso01nort_0 COLONIAL RECORDS OF NORTH CAROLINA. BOSTON COLLEGE LIBRARY! CHESTNUT HILL, MASS, F^S| • N/ 1» £36591 ABBREVIATIONS. B. P. It. O. — British Public Record Office. C. E. B. — Colonial Entry Books. C. P. — Colonial Papers. .S'. P. — Shaftesbury Papers. S. P. G. — Society for the Propagation of the Gospel in Foreign Parts. B. T . — Board of Trade. B. T. P. — Board of Trade Proprietors. B. T. J . — Board of Trade Journals. P. G. — Plantations General. A. W. I . — America and West Indies. COLONIAL RECORDS. 1622. [Reprinted from Smith’s History of Virginia, Vol. 2, p. 64.] The obseruations of Master John Porv Secretarie of Virginia in his trauels 1622 5fC 5fC * * In February also lie trauelled to the South River Chawouock some sixtie miles ouer land which ho found to be a uerv fruitful and pleasant Country, yielding two haruests in a yeere and found much of the sillce grasse formerly spoken of Was kindly vsed by the people and so returned. 1629. [B. P. R. (). Shaftesbury Papers. Section IX. Bundle 48. No. I .| SIR ROBERT HEATH’S PATENT j CHARLES 1st. [30 Oct. 1629]. Charles bv the grace, of God of England Scotland France A’ Ireland King Defender of the faith &c : To all to whom these present l™ 9 shall come, greeting we have seen the inrolement of eertaiue of our 1”* patent." under our great scale of England made to S r Robert Heath Knight our Atturney Generali, bearing date at Westminster the 30. day of October in tin* •') yeare of our reigne A in rolled in our Court of Chancery, A remaining upon Record among the Roles of the Said Court in these words: The king to all to whom these present Ac: greeting. Whereas our beloved and faithful! subject and servant S 1 ' Robert Heath Knight our Attorney Generali, kindled with a eertaiue laudable and pious desire as well of enlarging the Christian religion as our Empire & enereasing the Trade A Commerce of this our kingdom: A eertaiue Region or Territorv to bee hereafter described, in our hinds in the parts of America COLON I A I, RECORDS. 6 betwixt one & thirety A: 86 decrees of northerne latitude inclusively placed (yet hitherto untild, neither inhabited by ours or the subjects of any other Christian king, Prince or state But in some parts of it inhab- ited by certaine Barbarous men who have not any knowledge of the Divine Dietye) He being about to lead thither a Colonye of men large A plentiful 1, professing the true religion ; seduously A industriously apply- ing themselves to the culture of the sard lands & to merchandising to be performed by industry A at his owne charges A others bv his example. And in this his purpose in this affavre for our service and honour he hath given us full satisfaction, which purpose of his beeing soe laudable A manifestly tending to our honour, A the profitt of our kingdome of England WVe with a Roval regard considering these things doe thinke meete to approve & prosecute them, for which end the savd S r Robert Heath hath humbly supplicated that all that Region with the Isles there- unto belonging with certaine sorts of priveledges & jurisdictions for the wholesome government of his Colonye A Region aforesaid & for the estate of the appurtenances may be given granted and confirmed to him, his heires & Assignes bv our Royal! Highuesse. Know therefore that wee prosecuting with our Royall favour the pious & laudable purpose & desire of our aforesaid Attorney of our espe- tiall grace certaine knowledge & meere motion, have given, granted & confirmed A by this our present charter to the said S r Robert Heath Knight his heires & assignes for ever, doe give, grant & con- tinue all that River or Rivelett of S' Matthew on the South side & all that River or Rivelett of the great passe on the North side, & all the lands Tenements A Hereditaments lying, beeing & extending within or between the sayd Rivers by that draught or Tract to the Ocean upon the east side A soe to the west A soe fare as the Continent extends itselfe with all A every their appurtenances & alsoe all those our Islands of beagus Bahama A all other Isles & Islands lying southerly there or neare upon the fbresayd continent all which lye inclusively within the degrees of 31 A 36 of Northerne latitude; And all & sin- gular the ports A stations of shippes A the Creeks of the sea belong- ing to the Rivers, Islands & lands aforesaid ; with the fishings of all sorts of fish, whales, sturgeons A of other Royaltves in the sea or in the rivers moreover all veines, mines or pits either upon or conceald of (fold, Silver Jewells A precious stones A all other things whatso- ever, whither of stones or metalls or any other thing or matter found or to be found in the Region Territory Isles or limitts aforesaid. And furthermore the patronages and advowsons of all churches which shall happen to be built hereafter in the said Region Territory A Isles and COLONIAL RECORDS. 7 limitts bv the increase of the religion A worship of Christ Together with all & singular these & these soe amply, Rights Jurisdictions, privi- ledges prerogatives Rovaltyes libertyes immunityes with Royal 1 rights A franchises whatsoever as well by sea as by land, within that Region Territory Isles A limitts aforesaid To have exercise use A enjoy in like manner as any Bishop of Durham within the Bp noke or County palatine of Durham in our kingdome of England ever heretofore had held used or enjoyed or of right ought or could have hold use or enjoy. And by the presents we make create A' constitute the same S r Robert Heath his lieires & assignes true and absolute Lords A Proprietors of the Region A Territory aforesaid A all other the premises for us our lieires A succes- sors saveing alwaies the faith A allegiance due to us our lieires A succes- sors. To have hold possess A enjoy the said Region Isles Rivers A the rest of the premisses to the said S r Robert Heath Knight his lieires A assignes to the sole A proper use A behoofe of him S r Robert Heath Knight his lieires A assignes for ever with that meaning that the said S l Robert Heath his lieires A assignes shall plant the premisses according to certaine instructions A directions of oures signed with our Royal! hand of the date of the presents remaining with our principall Secretary to our use our lieires A successors To be held of us our lieires A succes- sors Kings of England in elieife by knights service A by paying for it to us our lieires A successors one Circle of Gold formed in the fashion of a erowne of the weight of twenty Ounces with this inscription ingraved upon it Deos Coronet Opus Suum whensoever A as often as it shall hap- pen, that we our lieires or successors shall enter the said Region, & also the fifth A part of all the metall of Gold A Silver (which in English i> called Gold A Silver Oare) which shall from time to time happen to lie found within the foresayd limits A such a proportion of the profitts A commoditves out of the promises as are fully contained in the instructions A declarations aforesaid. But that the aforesaid Region or Territory sue granted A described may be more illustrious by us than all the other Regions of that land A may be adorned with more ample Titles. Know that we of our free grace certain knowledge A meerc motion doe thinke lit to erect the savd Region Territory A Isles into a Prov- ince A by the (nines of our power A Kingly Authority for us our lieires A successors, we doe erect A incorporate them into a province A name the same Carolina or the province of Carolina A the foresaid Isles the Carolarns Islands A soe we will that in all times hereafter they shall be named. And because we herebeforo have ordained A made the fores' 1 $ r Robert Heath Knight true lord A proprietor of all the afore- s COLONIAL RECORDS. named Province Fnrtlicnuorc know yce that we for ourselves our heires A: successors doc give power to the said S' Robert (of whose faith pru- dence industry it provident circumspection we have great confidence) & to his heires A: assignes for the good it happy Government of the said Province to forme make & enact it publish under the scale of the said S' Robert his heires it assignes what I awes soever may oonceme the pnblicke state of the said province or the private profitt of all according to the wholesome directions of it with the counsel] assent it approbation of the Freeholders of the same Province or the Major part of them who when it as often as need shall require shall by the aforesaid S r Robert Heath his Heires & Assignes & in that forme which to him or them shall seem best, be called together to make lawes e , 8 State Papers, Vol. II, r. 273. Reprinted from Hawks’s History' of N. C.J LETTER FROM MIL FRANCIS YARDLEY TO JOHN FARRAR, ESQ. tiir : — Virginia, Linnehaven, 8th May, 1654. In September last, a young man, a trader for beavers, being bound out to the adjacent parts to trade, by accident his sloop left him ; and he, sup- posing she had been gone to Roanoke, hired a small boat, and, with one of his company left with him, came to crave mv license to go to look after his sloop, and sought some relief of provisions of me; the which grant- ing, he set forth with three more in company, one being of my family, the others were my neighbors. They entered in at Caratoke, ten leagues to the southward of Cape Henry, and so went to Rhoanoke Island ; where, or near thereabouts they found the great Commander of those parts with his Indians a-hunting, who received them. civilly, and showed them the ruins of Sir Walter Raleigh’s fort, from whence I received a sure token of their being there ********************* Immediately I dispatched away a boat with six hands, one being a car- penter, to build the King an English house, my promise, at his coming first, being to comply in that matter. I sent £200 sterling in trust to purchase and pay for what land they should like, the which in little time they effected and purchased, and paid for three great rivers, and also all such others as they should like of, southerly; and in solemn manner took possession of the country, in the name, and on the behalf of the Common- wealth of England; and actual possession was solemnly given to them by the great Commander, and all the great men of the rest of the prov- inces, in delivering them a turf of the earth with an arrow shot into it; and so the Indians totally left the lands and rivers to us, retiring to a new habitation, where our people built the great Commander a fair house, the which I am to furnish with English utensils and chattels. ****** Sir, if you think good to acquaint the States with what is done by two Virginians born, you will honor our country. I have at this instant no present worthy your acceptance, but an arrow that came from the Indians COLONIAL RECORDS. lit inhabiting on the South Sea, the which we purpo.se, God willing, to see this summer, non obstante perimlo. * * # * jfc I humbly take leave, and ever remain, Sir, Your true honorer and affectionate Servant to be commanded, FRANCIS YARPLEY. For the worshipful John Farrar, Esq., | at his Manor of Little Gidding, in Huntingdonshire. J 1662. [Records of Perquimans County, Book A, No. 374.] Know All men by these presents that I, Kiloaconen, King of Yeopim have for a valeiable consideration of satisfaction received with the con- sent of my people sold, and made over and to George Durant a Parcel I of land lying and being on Roneoke Sound and on a River calk'd by the name of Perquimans which. Issueth out of the North Side of tin* afore- said Sound which Land at present bears the name of Wecocomieke, bcgining at a marked Oak Tree, which divides this land from the land I formily sold to Sami Prieklove and extending westerly up the said Sound to a Point or Turning of the aforesaid Perquimans River and so up the eastward side of the said River to a creek called by the name of Awoseake, to-wit ; — All the Land betwixt the aforesaid Rounds of Sam- uel Prieklove and the said Creek; thence to the Head thereof. And thence through the W oods to the first Bounds. To have and to hold the quiet possession of tin 1 same to him and his heirs forever, with All Rights and Privi ledges thereunto forever from me or anv Person or Persons whatsoever. As witness my hand thi> first day of March 1661. — Test: Tho. W'eamottii Cat, eh Cajxeway. The mark of t KILCOCANEN or KISTOTANEX 1663. [Records ok Perquimans County, Book A, No. 376.] Whereas George Durant Hath Seated a Plantation on Roanoke Sound and on a point called bv the name of Wicocombe at, or between two Rivers called bv v® name of Perquimans and Katoline and whereas I, George Catchming have obtained a grant of the Honerable Governor of Virginia for the whole Neck betwixt the two Rivers y® which grant was a part Belonging to the said George Durant be it known therefore unto all men by these Presents 1 the said George Catchmang do assign, make over and deliver unto him the above named George Durant that Parcel! of land lying and being on y® same Neck, Begining at a small creek or Branch which issueth out of Perquimans River which divideth this land from the Neck called Langley’s Neck extending down y® said River Sound to a small Piece of Ground where y® said Durant did begin to clear but desisted. As also including y® same small piece of ground to y® eastward of his Plantation thence Northerly into the Woods which land I do engage mvself mv heirs, executors, administrators and assigns to Pattvn y® said ct to make over the same being Patyned to him his heirs, executors, administrators <& assigns utterly disclaiming any right, title & interest I, the said Catchmang have to y® same although it may be put into my Pattyn. 1 Witness whereof 1 have hereunto set my hand this 13th dav of March 1B62. GEORGE CATCHMANY. Witness : John Jenkins Edward Remington. [Reprinted from Revised Statutes of North Carolina, Vol. II, Page 437.] THE FIRST CHARTER GRANTED BY KING CHARLES THE SECOND, TO THE LORDS PROPRIETORS OF CAROLINA. Char her the Second, by the grace of God, king of England, Scot- land, France and Ireland, Defender of the Faith, &c., To all to whom these present shall come: Greeting: 1st. Whereas our right trusty, and right well beloved cousins and coun- sellors, Edward Earl of Clarendon, our high chancellor of England, and COLONIAL RECORDS. 21 George Duke of Albemarle, master of our horse and captain general of all our forces, our right trusty and well beloved William Lord Craven, John Lord Berkley, our right trusty and well beloved counsellor, Anthony Lord Ashley, chancellor of our exchequer, Sir George Carteret, knight and baronet, vice chamberlain of* our household, and our trusty and well beloved Sir William Berkley, knight, and Sir John Colleton, knight and baronet, being excited with a laudable and pious zeal for the propagation of the Christian faith, and the enlargement of our empire and dominions, have humbly besought leave of us, by their industry and charge, to transport and make an ample colony of our subjects, natives of our kingdom of England, and elsewhere within our dominions,- unto a certain country hereafter described, in the parts of America not yet cul- tivated or planted, and only inhabited by some barbarous people who have no knowledge of Almighty God. 2d. And whereas the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle- ton, have humbly besought us to give, grant and confirm unto them and their heirs, the said country, with priviledges and jurisdictions requisite for the good government and safety thereof: Know ye, therefore, that we, favouring the pious and noble purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, of our special grace, certain knowledge and meer motion, have given, granted and confirmed, and by this our present charter, for us, our heirs and successors, do give, grant and con- firm to the said Edward Earl of Clarendon, George Duke of Albe- marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash- lev, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, all that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the north end of the island called Lucke island, which lieth in the southern Virginia seas, and within six and thirty degrees of the northern latitude, and to the west as far a> the south seas, and so southerly as far as the river St Matthias, which bordcreth upon the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the south seas aforesaid ; together with all and singular ports, har- bours, bays, rivers, isles and islets belonging to the country aforesaid ; and also all the soil, lands, fields, woods, mountains, fields, lakes, rivers, bavs and islets, scituate or being within the bounds or limits aforesaid, COLONIAL RECORDS. 22 with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes in the sea, bays, islets and rivers within the premises, and the lisli therein taken ; and moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems, precious stones, and all other whatsoever, be it of stones, metals, or any other thing whatsoever, found or to be found within the countries, isles and limits aforesaid. •id. And furthermore, the patronage and advowsons of all the churches and ehappels, which as Christian religion shall increase within the coun- try, isles, islets and limits aforesaid, shall happen hereafter to be erected, together with license and power to build and found churches, ehappels and oratories, in convenient and tit places, within the said bounds and limits, and to cause them to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of England, together with all and singular the like, and as ample rights, jurisdictions, priviledges, preroga- tives, royalties, liberties, immunities and franchises of what kind soever, within the countries, isles, islets and limits aforesaid. 4th. To have, use, exercise and enjoy, and in as ample manner as any bishop of Durham in our kingdom of England, ever heretofore have held, used or enjoyed, or of right ought or could have, use, or enjoy. And them, the said Edward Earl of Clarendon, George Duke of Albe- marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash- lev, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, we do by these presents, for us, our heirs, and successors, make, crfeate and constitute the true and absolute Lords Pro- prietors of the country aforesaid, and of all other the premises; saving always the faith, allegiance and sovereign dominion due to us, our heirs and successors, for the same, and saving also the right, title 1 and interest of all and every our subjects of the English nation, which are now planted within the limits and bounds aforesaid (if any be). To have, hold, possess and enjoy the said country, isles, islets, and all and singular other the premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colle- ton, their heirs and assigns forever, to be holden of us, our heirs and suc- cessors, as of our manner of East Greenwich in our county of Kent, in free and common soccage, and not in eapite, or by knight service; yield- ing and paying yearly to us, our heirs and successors, for the same, the vearlv rent of twenty marks of lawful money of England, at the feast of All Saints, vearlv forever, the first payment thereof to begin and to be made on the feast of All Saints, which shall be in the year of our Lord COLONIAL RECORDS. 23 one thousand six hundred and sixtvfive, and also the fourth part of all gold or silver ore, which, within the limits aforesaid, shall from time to time happen to be found. dth. And that tin; country, thus by us granted and described, may be dignified by us with as large titles and priviledges as any other part of our dominions and territories in that region, Know ye, that we of our further grace, certain knowledge, and moor motion, have thought fit to erect the same tract of ground, county, and island, into a province, and out of the fulness of our royal power and prerogative, we do, for us, our heirs and successors, erect, incorporate and ordain the same into a prov- ince, and call it the Province of Carolina, and so from henceforth will have it called; and forasmuch as we have hereby made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, Wil- liam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true lords and proprietors of all the province aforesaid ; Know ye, therefore moreover, that we, reposing especial trust and confi- dence in their fidelity, wisdom, justice and provident circumspection, for us, our heirs and successors, do grant full and absolute power, by virtue of these presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, for the good and happy government of the said province, to ordain, make, enact, and under their seals to publish any laws whatsoever, either appertaining to the publiek state of the said prov- ince, or to the private utility of particular persons, according to their best discretion, of and with the advice, assent and approbation of the freemen of the said province, or of the greater part of them, or of their delegates or deputies, whom for enacting of the said laws, when and as often as need shall require, we will that the said Edward Earl of Claren- don, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berk- ley, and Sir John ( 'olleton, and their heirs, shall from time to time assem- ble in such manner and form as to them shall seem best, and the same laws duly to execute upon all people within the said province and limits thereof, for the time being, or which shall be constituted under the power and government of them or any of them, either sailing towards the said province of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by imposition of penalties, imprison- ment, or any other punishment ; yea, if it shall be needfull, and the qual- 24 COLONIAL RECORDS. it v "1 llif olionee requires il, in taking awav ni«*i n I mt ami life, cither by them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, and their heirs, or by them or their deputies, lieutenants, judges, justices, magis- trates, officers and members to be ordained or appointed according to the tenor and true intention of these presents; and likewise to appoint and establish any judges or justices, magistrates or officers whatsoever, within the said province, at sea or land, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton and their heirs shall seem most convenient ; also, to remit, release, pardon and abolish (whether before judgment or after) all crimes and offences whatsoever, against the said laws, and to do all and every other thing and things, which unto the compleat establishment of justice unto courts, sessions, and forms of judicature and manners of proceedings therein do belong, although in these presents express mention be not made thereof; and by judges and by him or them delegated, to award process, hold pleas, and determine in all the said courts, and places of judicature, all actions, suits and causes whatsoever, as well criminal or civil, real, mixt, personal, or of any other kind or nature whatsoever ; which laws, so as aforesaid to be published, our pleasure is, and we do require, enjoin and com- mand, shall be absolute, firm and available in law, and that all the liege people of us, our heirs and successors, within the said province of Caro- lina, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains and penalties therein expressed, or to be expressed : Provided neverthele.'os, that the said laws be consonant to reason, and as near as may bo conveniently, agreeable to the laws and customs of this our kingdom of England. 6th. And because such assemblies of freeholders cannot be so con- veniently called, as there may be occasion to require the same, we do, therefore, by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berkley, and Sir John Colleton, their heirs and assigns, by themselves or their magistrates, in that behalf lawfully authorized, full power and authority, from time to time to make and ordain tit and wholesome orders and ordinances, within the province aforesaid, to be kept and observed as well for the keeping of the peace, a.- for the better govern- ( ’OLONIA 1 , Ti ECO R DS. ment of the people there abiding, and to publish the same to all to whom it may concern ; which ordinances, we do by these presents streightlv charge and command to be inviolably observed within the said province, under the penalties therein expressed, so as such ordinances be reason- able, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any person or persons, in their freehold, goods or chattels whatsoever. 7th. And to the end the said province may be the more happily increased, by the multitude of people resorting thither, and may like- wise be the more strongly defended from the incursions of salvages and other enemies, pirates and robbers, therefore we, for us, our heirs and successors, do give and grant by these presents, power, license and liberty unto all the liege people of us, our heirs and successors in our kingdom of England or elsewhere, within any other our dominions, islands, col- onies or plantations, (excepting those who shall be especially forbidden,) to transport themselves and families unto the said province, with con- venient shipping and fitting provisions, and there to settle themselves, dwell and inhabit, anv law, statute, act, ordinance, or other thing to the contrary in any wise notwithstanding. And we will also, and of our more special grace, for us, our heirs and successors, do streightlv enjoin, ordain, constitute and command, that the said province of Carolina, shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and successors, transported or to bo transported into the said province, and the children of them and of such as shall descend from them, there born or hereafter to be born, be and shall be denizons and lieges of us, our heirs and successors of this our kingdom of England, and be in all things held, treated, and reputt'd as the liege faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions, and may inherit or otherwise purchase and receive, take, hold, buy and possess any lands, tenements or hereditaments within the same places, and them may occupy, possess and enjoy, give, sell, aliene and bequeathe; as likewise all liberties, fran- chises and priviledges of this our kingdom of England, and of other our dominions aforesaid, and may freely and quietly have, possess and enjoy, as our liege people born within the same, without the least molestation, vexation, trouble or grievance of us, our heirs and successors, any statute, act, ordinance, or provision to the contrary notwithstanding. COLONIAL RECORDS. 26 JStli. And furthermore, licit our subjects of this our said kingdom of England, and other our dominions, mav lie the rather encouraged to undertake this expedition with ready and chearfnl minds, know ve, that we of’ our special grace, certain knowledge, and nicer motion, do give and grant by virtue of’ these presents, as well to the said Edward Earl ol Clarendon, George Duke of’ Albemarle, W illiam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berkley, and Sir John Colleton, and their heirs, as unto all others as shall from time to time repair unto the said province, with a purpose to inhabit there, or to trade with the natives of the said province, full lib- erty and license to lade and freight in any port whatsoever, of us, our heirs and successors, and into the said province of Carolina, by them, their servants or assigns, to transport all and singular their goods, wares and merchandises, as likewise all sorts of grain whatsoever, and any other things whatsoever, necessary for the food and clothing, not prohibited by the laws and statutes of our kingdoms and dominions, to be carried out of the same, without any let or molestation of 11s, our heirs and succes- sors, or of any other of our officers, or ministers whatsoever, saving also to us, our heirs and successors, the customs and other duties and pay- ments, due for the said wares and merchandises, according to the several rates of the places from whence the same shall be transported. We will also, and by these presents, for us, our heirs and successors, do give and grant license by this our charter, unto the said Edward Earl of Claren- don, George Duke of Albemarle, W r illlam Lord Craven, John Lord Berk- ley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and to all the inhabitants and dwellers in the province aforesaid, both present and to come, full power and absolute authority to import or unlade by themselves or their servants, factors or assigns, all merchandises and goods whatsoever, that shall arise of the fruits and commodities of the said province, either by land or by sea, into any of the ports of us, our heirs and successors, in our kingdom of England, Scotland or Ireland, or otherwise to dispose of the said goods, in the said ports; and if need be, within one year next after the unlading, to lade the said merchandises and goods again into the same or other ships, and to export the same into any other countries either of our dominions, or foreign, being in amity with us, our heirs and succes- sors, so as they pay such customs, subsidies, and other duties for the same, to us, our heirs and successors, as the rest of our subjects of this our king- dom, for the time being, shall be bound to pay, beyond which we will not, that the inhabitants of the said province of Carolina, shall beany ways charged. COLONIAL RECORDS. 27 9th. Prodded nevertheless, and our will and pleasure is, and we have further for the consideration aforesaid, of our more especial grace, certain knowledge and meer motion, given and granted, and by these presents, for us our heirs and successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, at any time or times, from and after the feast of St Michael the archangel, which shall be in the year of our Lord Christ, one thousand six hundred sixty and seven, as well to import, and bring into any of our dominions from the said province of Carolina, or any part thereof, the several goods and commodities, hereinafter men- tioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl and olives, without paving or answering to us, our heirs or successors, any custom, import, or other duty, for and in respect thereof, for and during the term and space of seven years, to commence and be aecompted, from and after the first importation of four tons of any the said goods, in any one bottom, ship or vessel from tin 1 said province, into any of our dominions, as also to export and carry out of any of our dominions, into the said province of Carolina, custom free, all sorts of tools which shall be usefull or necessary for the planters there, in the accommodation and improvement of the premises, any thing before, in these presents con- tained, or any law, act, statute, prohibition or other matter, or any thing heretofore had, made, enacted or provided, or hereafter to be had, made, enacted or provided, to the contrary, in anv wise notwithstanding. 10th. And furthermore, of our own ample and especial grace, certain knowledge and meer motion, we do for us, our heirs and successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full and absolute power and authority, to make, erect and constitute, within the said province of Carolina, and the isles and islets aforesaid, such and ^o many seaports, harbours, creeks and other places, for discharge and unlading of goods and merchandises, out of ships, boats and other vessels, and for lading of them, in such and so many places, and with such jurisdiction, priviledges and franchises unto the said ports belonging, as to them shall seem most expedient, and that all and singu- lar the ships, boats and other vessels, which shall come for merchandises and trade into the said province, or shall depart out of the same, shall be laden and unladen at such ports only, as shall be erected and constituted COLONIAL RECORDS. : l x by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, theiCheirs and assigns, and not elsewhere, anv use, custom or any other thing to tin- contrary, in any wise notwithstanding. 11th. And we do furthermore will, appoint and ordain, and by these presents for us, our heirs and successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berkley and Sir John Colleton, their heirs and assigns, that they the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, may from time to time forever, have and enjoy, the customs and subsidies in the ports, harbours, creeks and other places within the province aforesaid, payable for goods, merchandise and wares, there laded or to be laded, or unladed, the said customs to be reasonably assessed, upon any occasion, by themselves, and by and with the consent of the free people there, or the greater part of them as aforesaid ; to whom we give power by these presents, for us, our heirs and successors, upon just cause and in a due proportion, to assess and impose the same. 12th. And further, of our special grace, certain knowledge, and meer motion, we have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and absolute license, power and authority, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colleton, their heirs and assigns, from time to time, hereafter, forever, at his and their will and pleasure, may assign, alien, grant, demise, or enfeof the premises, or any part or parcels thereof, to him or them that shall be willing to purchase the same, and to such per- son or persons as they shall think fit, to have and to hold, to them the said person or persons, their heirs or assigns, in fee simple or fee tavle; or for term for life, or lives, or years, to be held of them, the said Ed- ward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, by COLONIAL RECORDS. 29 such rents, services and customs, as shall seem meet to the said Edward Earl of Clarendon, George Duke of Albemarle, W illiam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wdlliam Berkley, and Sir John Colleton, their heirs and assigns, and not immediately of us, our heirs and successors, and to the same person and persons, and to all and every of them, we do give and grant by these presents, for us our heirs and successors, license, authority and power, that such person or persons, may have or take the premises, or any par- cel thereof, of the said Edward Earl of Clarendon,' George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berkley and Sir John Colleton, their heirs and assigns, and the same to hold, to themselves, their heirs or assigns, in what estate of inheritance whatsoever, in fee simple, or fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George Duke of Albemarle, W illiam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W illiam Berkley, and Sir John Colleton, their heirs and assigns, shall seem expedient ; the statute made in the parliament of Edward, son of King Henry, hereto- fore king of England, our predecessor, commonly called the statute* of “ quia emptores terrarum,;” or any other statute, act, ordinance, use, law, custom or any other matter, cause or thing heretofore published, <>r pro- vided to the contrary, in any wise notwithstanding. 13th. And because many persons born, or inhabiting in the said pro- vince for their deserts and services, may expect and be capable of marks of honor and favor, which, in respect of the great distance, cannot be conveniently conferred by us; our will and pleasure therefore is, and we do bv these presents, give and grant unto the said Edward Earl of Cla- rendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berk- ley, and Sir John Colleton, their heirs and assigns, full power and authority, to give and confer, unto and upon, such of the inhabitants of the said province, as they shall think do or shall merit the same, such marks of favour and titles of honour as they shall think fit, so as these titles of honour be not tin* same as are enjoyed by, or conferred upon any the subjects of this our kingdom of England. 14th. And further also, we do by these presents, for us, our heii-s and successors, give and grant license to them, the said Edward Earl of Cla- rendon, George Duke of Albemarle, W illiam Lord Craven, John Lord Berklev, Anthom Lord Ashley, Sir George Carteret, Sir William Berk- *18 Ed. 1 . West. 8 c. 1 p. 45. COLONIAL RECORDS. .‘50 lev, and Sir John Colleton, their heir- and assigns, full power, liberty and license to erect, raise and build within the said province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, boroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, pow- der, shot, armory, and all other weapons, ammunition, habilements of war, both offensive and defensive, as shall be thought fit and convenient for the safety and welfare of the said province and places, or any part thereof, and the same, or any of them from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down, and also to place, constitute and appoint in and over all or any of the castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy gover- nors, magistrates, sheriffs and other officers, civil and military, as to them shall seem meet, and to the said cities, boroughs, towns, villages, or any other place or places within the said province, to grant “letters or char- ters of incorporation,” with all liberties, franchises and priviledges, requi- site and usefull, or to or within any corporations, within this our king- dom of England, granted or belonging; and in the same cities, boroughs, towns, and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf be thought fit and neces- sary; and further also to erect and make in the province aforesaid, nr any part thereof, so many manners as to them shall seem meet and con- venient, and in every of the said manners to have and to hold a court baron, with all things whatsoever which to a court baron do belong, and to have and to hold views of “frank pledge” and “court leet,” for the conservation of the peace and better government of those parts, within such limits, jurisdictions and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, shall be appointed for that purpose, with all things whatsoever, which to a court leet, or view of frank pledge do belong, the said court to be holden by stewards, to be deputed and authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, An- thony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or their heirs, or by the lords of other manners and leets, for the time being, when the same shall be erected. loth. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of other enemies, pirates and robbers, may probably be feared ; therefore we have COLONIAL RECORDS. :\\ given, and for us, our heirs and successors, do give power, by these pres- ents, unto the said Edward, Earl of Clarendon, George Duke of Albe- marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash- ley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, by themselves, or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition or wheresoever born, in the said province for the time being, and to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even without the limits of the said province, and by God’s assistance to van- quish and take them, and being taken to put them to death by (lie law of war, or to save them at their pleasure; and to do all and every other thing, which unto the charge of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain general of an army hath or ever had the same, 16th. Also our will and pleasure is, and by this our charter we give unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and authority, in ease of rebellion, tumult or sedition, (if any should happen,) which God forbid, either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, by him or themselves, their captains, deputies and officers, to be authorized under his or their seals for that purpose, to whom also, for us, our heirs and successors, we do give and grant by these presents, full power and authority, to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to submit themselves to their government, or shall refuse to serve in the wars, or shall Hy to the enemy, or forsake their colours or ensigns, or be lovterers or straglers, or otherwise howsoever offending against law, custom or discipline military, as freely and in as ample man- ner and form as any captain general of an army by vertue of his office, might or hath accustomed to use the same. 17th. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward Earl of Claren- don, George Duke of Albemarle, W illiam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berk- ley, and Sir John Colleton, their heirs and assigns, and to all the tenants and inhabitants of the said province of Carolina, both present and to come, and to every of them, that the said province and the tenants and inhabitants thereof, shall not from henceforth be held or reputed a mem- COLONIAL RECORDS. her or part of any colony whatsoever in America, or elsewhere, now transported or made, or hereafter to he transported or made; nor shall !><• depending on, or subject to their government in any thing, hut he abso- lutely seperated and divided from the same; and our pleasure is, by these pres(‘nts, that they be seperated, and that they he subject immediately to our crown of England, as depending thereof forever; and that the inhabitants of the said Province, nor any of them, shall al any time hereafter be compelled or compellable, or be anv wavs subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever, out of the Province aforesaid, in any other of our islands, colonies or domin- ions in America, or elsewhere, other than in our realm of England, and dominion of Wales. 18th. And because it may happen that some of the people and inhab- itants of the said province, cannot in their private opinions, conform to the publiek exercise of religion, according to the liturgy, form and cere- monies of the church of England, or take and subscribe the oaths and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope be no breach of the unity and uniformity established in this nation, our will and pleasure therefore is, and we do by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of ( 'larendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashlev, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and free license, lilierty and authority, bv such legal ways and means as they shall think fit, to give and grant unto such person or persons, inhabiting and being within the, said province, or any part thereof, who really in their judgments, and for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and restrictions as they, the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs or assigns, shall in their discretion think ft and reasonable; and with this express proviso, and limitation also, that such person and persons, to whom such indulgencies and dispensations shall be granted as afore- said, do and shall from time to time declare and continue, all fidelity, loyalty and obedience to us, our heirs and successors, and be subject ami obedient to all other the laws, ordinances, and constitution- of the said COLONIAL RECORDS. 33 province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms and ceremonies, or anything relating thereunto, or any person or persons whatsoever, for or in respect of his or their use or exercise thereof, or hi> or their obedience and conformity, thereunto. 19th. And in case it shall happen, that any doubts or questions should arise, concerning the true sense and understanding of any word, clause or sentence contained in this our present charter, we will, ordain and com- mand, that at all times, and in all things, such interpretation be made thereof, and allowed in all and every of our courts whatsoever, as law- fully may be adjudged most advantageous and favourable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Car- teret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, although express mention be not made in these presents, of the true yearly value aud certainty of the premises, or any part thereof, or of any other gifts and grants made by us, our ancestors, or predecessors, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ash lev, Sir George Carteret, Sir William Berkley, and Sir John Colleton, or any other person or persons whatsoever, or any statute, act, ordinance, pro- vision, proclamation or restraint, heretofore had, made, published, ordained or provided, or any other thing, cause or matter, whatsoever, to the contrary thereof, in any wise notwithstanding. In Witness, Arc. W itxess the King, at Westminster, the four and twentieth dav of March, in the fifteenth year of our reign, (1(163.) PER 1PSUM BEGEM. [B.' P. K. O. Colonial Entry Bk. Vol. 20. r. 1.] Saturday May 23 rd 1663. Present The Lord Duke of Albemarle My Lord Craven My Lord Berkeley Mv Lord Ashley M r Vice Chamberline S r .Tno. Colleton 3 34 COLONIAL RECORDS. Ordered 1. That I /cprevrie lx* Ingeneir A Surveyed for Carrolina 2. That he be allowed until some other way be found for his subsist- anee twenty shillings weekly to lx 1 paid him by Sir duo. Colleton. 3. That Sir duo. Colleton lx- paid from each respective Proprvator 2o£ to be bv him disburst as he shall reeeave ord r from the Major parte of the Propryators 4. That there be reserved in every sctlenf for y* Propryators the quan- tity of 20000 Acres in such place or places as they or there Agents shall see fitt to take up & that the same be bounded & leved out for them in v® beginning of each Setlement 5. That in each Setlement the Court howses & howses for publique meetings be setled on the land A taken up A leved out for the Proprva- tors. 6. That mapps be printed of the Province and some declaration drawne to invvte the planters with the conditions before mentioned A both published. [B. P. R. O. Colonial Papers. Vol. 17. No. 39.] SIR .JOHN COLLETON TO DUKE OF ALBEMARLE 10 JUNE 1663. May it please vour Grace, There are divers people that desire to settle and plant in His Maj. Province of Carolina under the patent granted to your Grace and others hut that there is another like to that Province started by one M r Mariot, steward to the Duke of Norfolk grounded on a patent granted in the yeare 1629 now above thirty fowre years to Sir Robert Heath and by him assigned to the Ancestors of the now Duke of Norfolk w ch patent relates to certaine Articles to bee performed on the part of Sir Robert Heath, the patent is recorded but the Articles appeere not in the records but the said M r Mariot (who lives in Chancery Lane at the next door to the Harrowe) pretends he has the patent and articles which being in force and not declined or made voide will certainelv hinder that publique worke which is intended by the settlement and planting of Carolina, for the persons that at present designe thither expect liberty of conscience and without that will not goe, w oh by the patent to S r Robert Heath can- not bee granted them and they cannot settle under the patent least the COLONIAL 'RECORDS. 3o other gentlemen shall give them trouble or disturbance So that there is a necessity of the present removall of that obstacle which is humblie left to the consideracon of yo r Grace and the other noble persons concern’d Yo r Grace’s most humble servant JNO. COLLETON. Cockpitt 10 Junii 1663. [B. P. R. O. Colonial Papers. Vol. 17. No. 39. 1.] STATE OF THE CASE OF THE DUKE OF NORFOLK’S PRETENSIONS TO CAROLINA. [INCLOSED IN SIR JOHN COLLETON’S LETTER OF 10 JUNE 1663.] The 13 th of 8 ber in y® o th year of King Charles the First was granted to Sir Robert Heath the reagion or Province of Carrol ina leying within the latitude of 31 and 36 inclusive upon the condition y* v® said S r Rob- ert Heath or his assignes plant y® s d Province according to such Articles or Instructions as his then Majesty had given him under his sign Man- ned & privie Signett signed by his Secretary of State bearing date with the grant afores d M* Samuel 1 Yassell had as he pretends an Assignem' from S' Robt. Heath for a tearme not yet expyred for y® lattitude of 31, 32, A 33 A v® heires of S r Richard Greenefeild for y* remay neing part being 34, 3o A 36 who say they never heard of any pretence by M r Howard or any of his Ancestors untill within these three monthes neither hath M r How- ard shewn any pattent or grant for y® same but pretends by discourse abroad y* y® pattent to S r Robert Heath was taken in trust by s d Heath for some of his Ancestors. M r II oward sliewes no right nor the Artickles or Instructions by w oh he was to plant although often sent for by M r Atturney Gen" to M r Mer- riott M r 1 Iowa riles Sollissiter. Neither hath S r Robt. Heath, M' Howard or any of his Ancestors M r Rich Greenefeild or M r Vassell or any of their Assignes planted any part of this Province there being about 3o years past since y® grant Several l persons have a desire to plant in v® s d Province under the pat- tent granted bv his now Maj. to my Lord High Chancellor, v® Duke of Albemarle A others but refusing to plant under the pattent to Sir Robt. Heath A forbare to plant under the latter untill y® first be made vovde COLONIAL RECORDS. least when they have planted they shall reeeave trouble hv v 1 ' first pattern bv meanes whereof the settlement of that hopeful 1 collony wilhe lost. It is therefore to he humbly desired v‘ Iris Maj. vvilbe graciously pleased by an Act of (’ouneell to resume y* pattent to S r Robt. Heath A all Grants from it because they have not planted nor doe not shew v® Artickles or Instructions mentioned in s d pattern whereby v* settleni' may goe forward whylst many people have st rouge desires to it w° h will otherwavse dve and hardly be revvved againe. [Mass. Hist. Collections — Third Series — Vol. i., p. 56. Keprinted prom Hawks’s History of N. C.] LETTER FROM THE ENGLISH MEMBERS OF THE CAPE FEAR COMPANY TO THE LORDS PROPRIETORS. From London, Auyust, 1668. A I a Mtetiny of Adventurers about Cape Fayre. London, Thursday, August the 6th, 1663. At a meeting of several persons, who have, with several others of New England, subscribed themselves as adventurers for the carrying on a plan- tation in Charles River on the coast of Florida. 1. Whereas a paper in the name of the right honorable the Earl of Clarendon, lord high chancellor of England, George, duke of Albemarle, and divers other right honorable persons, to whom the whole coast of Florida hath been lately granted by his most excellent majesty, hath been sent down to the said adventurers, referring to certain proposals tendered to their said lordships, as the proper act and desires of the said adven- turers, and being an answer to the said proposals; the said adventurers, upon diligent inquiry, not being able to find out who should be the au- thor of the said paper, do judge it their duty, in all humbleness, to acquaint their lordships that they are altogether strangers to it, and know nothing of the delivery of it. 2. That upon consideration, nevertheless, of their lordships’ said pa- per, and of several concessions, privileges, and immunities therein freely offered by their lordships for the encouragement of the said adventurers, and for the further promoting of the said plantation of Charles River, the said adventurers cannot but acknowledge the greatness of the favor COLONIAL RECORDS. 37 and condescension of their said lordships to them, upon the confidence and assurance of which they crave leave further to represent to their lordships — 3. That as they were invited at first to be subscribers to the said plan- tation of Charles River, by several persons of New England, so the great motive that did principally induce them to the said subscription was the liquid and clear assurance that was given them, that the said New Englanders, had an equitable title to the harbor and soil of the said river, together with the lands adjacent ; and that though many others of quality had long before indeed sailed upon the coast of Forida, and had set- tled and taken possession of some other part of that large and vast country, yet that the said New Englanders, and they only, were the first that did ever, bona fide, set toot in that particular harbor, and that did find out the entrance and discovery of the said river. Which thing, as it hath been confidently represented from these of New England unto the said adventurers here, so, upon the very ground of that as a truth, as also of the general custom in that and other plan- tations (as well Dutch and French as English), that all that buy lands of the chief kings in those places (who only challenge to themselves the having a right to the sale of them), shall enjoy the absolute benefit and property of them against all persons, English or others; the said New Englanders having purchased the said river and soil, and lands adjacent, of the said kings, did so far presume upon the interest of the said pur- chase, together with the said discovery, a> to give directions to several of their friends here immediately to apply to his majesty for a patent for the said river and soil, as belonging (according to their apprehension) of right to them, and as no way doubting the obtaining thereof, a> may ap- pear bv the copy of their said letter hither. 4. The said adventurers further humbly represent. That as upon these grounds, and these only, thev became invited to share in the adventures of those in New England, and to east in at first a small sum for an as- sistance or supply to the said undertaking; their government, or with an intimation that they may not expect in the same river the same usual and accustomed privileges, that all the said colonies of New England, with other colonies, have ever had, it is hum- bly feared that all thoughts of further proceeding in the said river will be wholly laid aside by them. Wherefore, inasmuch as the said adventurers here have only power to return back to those of New England what they shall receive as the pleas- ure of those right honorable persons that are the lords patentees; foras- much, also, as from the several discourses had and favors already received, the said adventurers here cannot but have a strong confidence of their lordships’ inclination and propenseness to give all just and possible en- couragement to undertakings, so public as all things of this nature are; the said adventurers could not find any way better how to discharge tin* faithfulness of that duty and respect which becomes them to demonstrate towards their lordships, than thus candidly and sincerely to state to their lordships the nature of their adventure, partnership, and subscription with others, the nature also of their dependence on others, as being but a minor part to them of New England, and as having their discretions here intrusted, at furthest, no further than for tin' obtaining and securing such things, too, for them of New England, as are pursuant to the direc- tions sent hither from them, and as they here shall judge may most tend to a satisfactory and lasting encouragement to them. [B. K. (). Col: Knt: Book. No. 20. r. 10-1 PROPOSEALLS OF SEN' ER A EL GENTLEMEN OF BARBA- DOES AUGUST THIS 12th 1(163. Several I gentlemen and persons of good quality in this Island being very sensible of the great 1 <>s~ and sad disappointment that might redownd to the English nation in Generali as well as to many particular persons v* ingaiged and intended to ingaige in the settlement of an Eng- ligli plantation in that goodly land of Florida by the eivill report bruited thereof, bv those sent from new England to setle at (’ape Faire contrary to what M r William Hinton and the rest with him sent to discover that coast did and doe affirme thereof, and having greate confidence in the said 10 COLONIAL RECORDS. Hinton's tidellitv and honest indeavowrs therein, have out of an earnest desire and confident persuasion of a happy settlement for our English nation in those parts, now againe hired and sent the above said M r Hin- ton with his ship adventure and twenty two men well fitted ami victu- alled for 7. months for discovery of that coast southwards from ('ape Faire as far as <31. degrees north latitude: in which design of discovery there are and will be above 2 hundred gentlemen and amongst them many persons of good quallity in this Island, whoe are and wilbe at a considerable charge therein. The said Adventures doe earnestly with all Humillity desire and request that those Noble undertakers whoe have lately obtayned a charter of the Province of Carrolina from his Royal 1 Maj t,e wilbe pleased with as much convenient speede as may be to send them an examplification of there said Charter under the broade seale of England fully recited; and togeather therewith and by vertew of the said charter to impower and authorize the aforesaid Adventurers or such of them as the said Grantees shall judge fitt to nominate togeather with the rest of there Assotiates and freinds, them there heires and assignes to take up and purchase of the natives such certine tract or tracts of Lands as they and such as they shall send theither to setle may or shall finde fitt for the accommodation of themselves and of there freinds there, in the forme and manner of a County or Corporation, not exceeding or about the quantity of thirty or thirty two myles square, or one thousand square mvles which they desire may be called the Corporation of the Barbados Adventures, and that the said tract or tracts of land, County or Corporation, they desire may be granted and confirmed to them and there Assotiates, and to theire heires and assignes for eaver, in full, free and ample manner and with the same power, priv Hedges, jurisdictions and Immunityes as the aforesaid Prov- ince is granted to them by hi- Majestic. And if any more or other rents, acknowledgements or services be or shalbe desired, expected or required then the proportion of what is by them the said pattentes or first under- takers to be paid and allowed to his Majestie it may be by them asser- tined and expreslv set dovvne in there said Graunte to these said Barba- dos Adventures, before they shalbe at further Cost, Charge or troble to setle it which tiny desire to know as soon as may be for that heare are many hundreds of noble famillves and well experienced planters that arc' willing and ready to remove spedilv theither to begin a setlement as afore- said and to beare the brunt thereof, if they shall receave such ineorrage- ment as is expected as aforesaid from soe noble and worthy undertakers as we do understand are concerned as principalis in said Charter which COLONIAL RECORDS. -II privi lodges and incorragements they are the rather boald to expect Adven- tures not onelv for there vigorous and ready appearing to promote the further discovery and hopeful setlemeut there of at such a time as this, when soe greate a cloude of obscurity was cast upon it but alsoe from the aptness of the people heare and persons heare ingaged to further such a work as well for there experienced planters as for the number of there Negros and other servants fitt for such labor as wilbe there required, and doe alsoe find the less cause to doubt of the desired trust to be reposed in them, in regard many of there number consists of persons of good (juallity fitt to manage the Government of soe considerable a corporation, whoe with there freinds and associates doe desire to expect to have the sole power of electing all del ligates, Governors and officers, and making Lawes, and goverening amongst themselves according to the tenor and Privi ledges of the said Graunte or charter from his Majestic, which if granted soe, as to incorrage such a free and noble setlemeut as they bo- lei ve and hope is aymed at; will much promote the good and seedy setlemeut of many other very considerable corporations within the Ter- ritory and Dominions of the aforesaid Province. That alsoe desire that a Proclamation may be procured from the Kinge directed to all Governors in these his Majestic’s plantations, requiring them not to hinder any free and uningaiged persons from going theither to setle upon any frivilus pretences whatsoever : but rather to further the good and speedy settlement thereof that possible may be in order whereunto ; and that those noble persons to whom the ( ’barter is graunted may the better know whome to appoynt and nominate as Prime Adven- turers and undertakers of the before mentioned corporation, the said Adventurers doe intend bv the next to send a list of such persons names as have already subscribed and of the committe by them ehoasen to manage affaires heare for this veare and untill some shalbe sent theither to performe the same upon the place unless the said undertakers in Eng- land shall please to leave in blancke the place for the said Committe; to put in such persons names as they shall judge most fitt and find will- ing to goe speedily theither to begin the said settlement there. My Lord, We humbly advize you will be pleased to appoynt some persons with your Instructions to treate with them on there proposealls, and wee conceave to bringe them to accept of by Lawes onelv in steede of Generali Laws, which they desire to have power to make it being fitt the whole Country should make the Generali Lawes and that the Gov- ernors thev meaneto choose should bee only such as in the Citty of Exon COLONIAL RECORDS. 12 vizi: Mayors, Aldermen, Sheri fes, ('unstables, and the like, this wee ooneeave may sattisfie them, otherwayse they wilbe disturbed in Govern- ment which may cause Your humble servants THO: MODYFORD P: COLLETON. | R. P. R. O. Shaftesbury Papers. Rule. ts. No. 2.1 AT THE COURT AT WHITEHALL The 12 th Day of August 1663. His Ma tie this day taking into consideration the State and present Condition of the Province or Region called Carolina in America and his Grant of the same by his letters Patents under the Great Seale of Eng- land to the Right Hono ble the Lord High Chancellor of England, George Duke of Albemarle William Lord Craven John Lord Berkeley Anthony Lord Ashley Chancellor of the Excheq r S r George Carteret Knt Vice Chamberlain of his Ma t,e househould S r William Berkeley and S r John Colladon Knts. And upon Information that all pretendors to former Grants of the said Province haveing been sumoned (according to former orders of this Board) to bring or send to his Ma tle Attorney Generali such letters patents writings, or other Evidences as they or any of them had setting forth their pretended titles thereunto, vet none of them have appeared or discovered any such pretensions, or Claymes. And for as much as no English whatsoever have, by vertue of any such Grants hitherto planters in the said Province, bv which neglect such Letters patents (if any were) are become vovd: His Ma tie by and with tin- advice of his Councell doth Order and it is hereby Ordered: / That his Ma 4 ' 68 said Attorney Generali forthwith proceed (either by Inquisition or by scire facial in the revoking all former Letters pattents and Grants of the. said Province, or any other legall way whereby to make and declare them vovd. And that from henoeforthards, when any like Grant of any Sovereigne plantation shall be prepared to passe his Ma tie8 Great Seale. A Clause be inserted. That if within a certain number of yeares no plantation be made and performed the said Grants shall become void. And it is further Ordered, that the said Lord Chancellor. Duke of Albe- marle: and other the before named patentees do proceed in the planting COLONIAL RECORDS. I of* the said Province of Carolina, jand that in Order thereunto, they receive all Countenance favours and protections from this Board and that from hence forwards no person or persons whatsoever do presume to goe into the said province or molest or disturbe the said Grantees or any Persons by them or any of them trusted or employed upon pretence of any former Grant whatsoever, as they or any of them do render this his Ma tie Co- mand, and will answer the contrary at their perills. CLARENDON. C T. SOUTHAMPTON ALBEMARLE ST ALBAN BERKSHIRE SANDW I CH BA T H E GILB: LONDON THO WENTWORTH MIDDLETON CHA: BERKELEY W COMPTON WILL MORICE HENRY BENNETT RICHARD BROWNE. [Rivers’ Historical Sketches ok South Carolina. Appendix, p. 33o. Reprinted from Hawks’s History of N. C.] A DECLARATION AND PROPOSALS TO ALL THAT WILL PLANT IN CAROLINA. 25 Aug., 1663. His majesty having been graciously pleased, by his charter bearing date the 24tli of March, in the loth vear of his reign, out of a pious and good intention for the propagation of the Christian faith amongst the barbarous and ignorant Indians, the enlargement of bis empire and dominions, and enriching of his subjects, to grant and confirm to us, Edward, earl of Clarendon, high chancellor of England, George, d like of Albemarle, master of bis majesty’s horse and captain-general of all his forces, William, Lord Craven, John, Lord Berkeley, Anthony, Lord Ashley, chancellor of his majesty’s exchequer, Sir George Carteret, knight and baronet, viee-ohamherlain of bis majesty’s household, William Berk- ley, knight, and Sir John Colleton, knight and baronet, all that territory or tract of ground with the islands and islets situate, lying, and being in 44 COLONIAL RECORDS. Lis dominions in America, extending from the north end of the island called Lucke Island, which lieth in the Southern Virginia sea, and within 36 degrees of the northern latitude, and to the west as far as the South seas, and so southwardly as far as the river St. Matthias, which border- cth upon the coast of Florida, and within degrees of the northern latitude; in pursuance of which grant, and with a clear and good inten- tion to make those parts useful and advantageous to his majesty and his people : we do hereby declare and propose 1 to all his majesty’s loving sub- jects wheresoever abiding or residing, and do hereby engage inviolably to perform and make good these ensuing proposals in such manner as the first undertakers of the first settlement shall reasonably desire. 1. If the first colony will settle on Charles River near Cape Fear, which seems to be desired, it shall be free tor them so to do on the lar- board side entering [south side]. If in any other part of the territory, then to choose either side, if by a river; we reserving to ourselves twenty thousand acres of land, to be bounded and laid out by our agents in each settlement, in such places as they shall see fit, and in such manner that the colony shall not be thereby incommoded or weakened; which we intend bv our agents or assignees in due time to settle and plant, they submitting to the government of that colony. 2. That the first colony may have power, when desired, at their own charge to fortify the entrance of the river, as also the sea-coast and island; they engaging to be true and faithful to his majesty, his heirs and successors, by some oath or engagement of their own framing. 3. That the undertakers of that settlement do, before they or any of them repair thither to settle, present to us thirteen persons of those that intend to go, of which number we shall commissionate one to be Gov- ernor, for three years from the date of his commission, and six more of the thirteen to be of his council, the major part of which number, the Governor or his deputy to be one, to govern for the time aforesaid ; and will also nominate successors to the Governor, who shall be of the six councillors aforesaid, to succeed in the government, in case of death or removal ; and likewise councillors out of the remaining six of the thirteen to succeed in case of death or removal of any of the councillors, and after the expiration of the first three years, and so successively for every three years. Upon or before the 2oth day of March, before the expiration of the time of the Governor in, being a new presentment by the freeholders of the colony, or by such persons as they shall constitute, to be made of the thirteen persons, four of which shall consist of those that shall be in the government at the time of the election of the thirteen, out of which COLONIAL RECORDS. 45 we will, upon or before the 10th day of April following, declare and eommissionate a Governor and six councillors with their respective suc- cessors in case and manner as aforesaid. 4. W e shall, as far as our charter permits us, empower the major part of the freeholders, or their deputies or assembly-men, to be by them chosen out of themselves, viz. : two out of every tribe, division, or par- ish, in such manner as shall be agreed on, to make their own laws, by and with the advice and consent of the Governor and council, so as they be not repugnant to the laws of England, but, as near as may be, agree- ing with them in all civil affairs, with submission to a superintendence of a general council, to be chosen out of every government of the province, in manner as shall be agreed on for the common defence of the whole; which laws shall, within one year after publication, be presented to us to receive our rat if cation, and to be in force until said ratification be desired and by us certified; but if once ratified, to continue until repealed by the same power, or by time expired. 5. We will grant, in as ample manner as the undertakers shall desire, freedom and liberty of conscience in all religious or spiritual things, and to be kept inviolably with them, we having power in our charter so to do. t>. We will grant the full benefit of these immunities to the undertakers and settlers which, by the charter, is granted to us (tor our services to his majesty) in relation to freedom of customs, of tools of all sorts useful there, to be exported from England for the planters’ use; and of certain growths of the plantations, as wine, oil, raisins of all sorts, olives, capers, wax, currants, almonds, and silks, to be imported into any of his majesty’s dominions for seven years for each commodity, after four tons of every respective species is imported as aforesaid in one bottom. 7. We will grant to every present undertaker for his own head, one hundred acres of land, to him and his heirs forever, to be held in free and common soccage; and for every man-servant that he shall bring or send thither, that is fit to bear arms, armed with a good firelock musket, per- formed bore, twelve bullets to the pound, and with twenty pounds of powder and twenty pounds of bullets, fifty acres of land; and for every woman-servant thirty acres; and to every man-servant that shall come within that time, ten acres after the expiration of his time; and to every woman-servant six acres after the expiration of her time. Note that we intend not hereby to be obliged to give the proportions of lands above mentioned to masters and servants, longer than in the first five years, to commence at the beginning of the first settlement. COLONIAL RECORDS. 46 8. We will enjoin the Governor and council to take care that there be always one man armed and provided as aforesaid in the colony, for ever\ fifty acres which we shall grant, and that there he a supply to make up the number in case of death or quitting the colony by the owners of said lands within twelve months after giving notice of the defect. In consideration of the premises, we do expect by way of acknowledg- ment, and towards the charge we have been and shall be at, one half- penny for every acre that shall be granted as aforesaid, within the time before limited and expressed ; and that the court-houses and houses for public meetings be erected by the public moneys of the colony on the lands taken up by us; but to be and continue to the country’s use forever, they paying some small acknowledgment. Given under our hands this twenty-fifth day of August, Anno Domini, 1663. [B. P. R. O. Col : Ent: Book. No. 20. p. 8.] LETTER TO COL: THO: MODYFORD AND PETER COL- LETON ESQ re Cockepit this 30 th August 1663. Sirs, Wee tinde by a letter from M 1 ' Richard Eivans M r John V assail and others as alsoe by another from you Coll : Modyford that several] people of Barbados have inelynations to setle and plant in some parte of the province of Carrolina, whotne we desire by all wayse and meanes to incor- rage, and that it may a p pea re soe, have inclosed sent you a declaration and proposealls under the hands of ail those concerned that are in towne and those that are not have consented to it : which paper we desire you to communicate to all people that are disposed that way and to give what cop- pyes you please to such as shall desire them and to send others to the Barmothos New England and where elee you think fitt useing your Interest for the propogation of this plantation and assurcing the people that what we propose shalbe performed: in which we resolve to Ik- pun- tuall and circumspect, we are informed that some ill willers to the setle- ment upon Charles river neare Cape Faire, have contrived the disorder that hapned to those that lately went theither before the ships went from New England and that they went not into the branch of the river in that Hilton was in, but by mistake went into another besides they looke not the proper time of the yeare, for worke; soe that wee hope that COLONIAL RECORDS. 47 that miscarrage will not discorrage your people; we eonceave it wilhe advantageous to the Kinge, his people, and more particularly to your Han- ders to goe on with the setlement where the avre as we are informed won- drous healthy and temperate, the land proper to bare such commodvties as are not yet produced in the other plantations and such as the nation spend in greate quantities as wine, oyle, currants, reason#, silks Ac by means whereof the money of the nation that goes out for these things wilbe Keept in the Kinges Dominions and the planting part of the peo- ple imploy there time in planting those comodyties that w ill not injure nor overthrow the other plantations which may very well happen, if there be a very great increase of sugar workes and more Tobacco, Gin- ger, Cotton, and indicoe made then the world will vent these reasons we eonceave will convince the most concerned in your Islands to promote this worke, the proposealls sent are but heads; we conceaving that such as shall undertake, will expect a more formall and large assurance from us according to there owne Methhood ; which we shall willingly give when they desire the same, some people heare propose that we should make choyee of a Governor without there presenting ; if your people desire the like it shall be done, more freedome then this we may not give ; but if any have any other way to propose that is not loss to us then this, we may consent to it. Wee have written to my Lord Willoby to coun- tenance at least not to discountenance your proceedings herein, the busi- ness is the Kings and nations service more then our owne, the promo- tion whereof by you is desired A not all doubted by vour [R. P. R. O. Col: Ent: Book. No. 2. p. 9.] A LETTER TO MY LORD WILLOBY FROM THE DUKE OF ALBEMARLE. Cockpit the dl of August. 1663. My Lord , I presume you are not a stranger t<> his Majestic's Graunte of the Province of Carrolina to my Lord Chancellors mvselfe and others, which we have undertaken to serve him and his people, and not our private Interest there are some persons of your Island of Barbadoes that have bv there letters to me set forth there desires of beginning of or eontribute- iug to a setleiuent in those parts which 1 eonceave will prove rather ad van - tagious than other waves to those under vour Government for that setle- -IX COLONIAL RECORDS. merit will devirt many people that dcsignc to plant from planting there eommodvties wliieli your plantation aliounds in (of vvliieh greater quan- tities lieing made, will sineke the maker) and put them upon .such as vour lands will not 1 eoneeave produce, and as the Kinge hath not yet within his Terrytories in quantity, although his people consume much of them to the c\hausl ing the wealth of the kingdomc, tin 1 eommodvties 1 meane are wine, oyle, reasons, currants, rice, si Ike <&<•; which oommody- ties w ill he of good use and advantagious to your parts, as well as < V>rne tneale flower heefe ami poorke; which that Country as I am well informed from persons that have planted in some parts thereof will in short time abound in: for which reasons and being well assured that you in all your actions ayme at the publieke good, I desire that your Lord will not hin- der but incorrage this setlement by which 1 am sure you will not only doe his Majestie good service but much oblige Your Lordship’s Humble servant My Lord Chancellor is gon to Cornebev wlme would 1 believe have joyned with me in this desire if he had beene in Towne; I have written my Cou/en Modvford and Couzen Peter Colleton to promote Carrolina Plantation. I pray countenance them in it. [B. P. R. O. Col: Ent : Book. Vol. 20. r. *3.] COPPY OF A COMMISSION TO SIP WILLIAM BERKELEY TO CONSTITUTE AND COMMISSION A TE A GOVERNOR FOR ALBEMARLE RIVER. W hereas his Majesty hath been graciously pleased by his Charter baring date the 24th day of March in the 11. veare of his Reigne for him his heims and successors To give, grant and continue unto us Edward Earle of Clarendine Lord Heigh Chancellor of England George Duke of Albemarle Master of his Majestie’s horse, and Captain Generali of all his forces, W illiam Lord Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of his Majestie’s Exchequor Sir George Carte- rett Knight and Barronet Vice Chamberline of his Majestie’s household, Sir William Berkeley knight and Sir John Colleton knight and Bar- ronet our heires and Assignes for ever, all that Terrvtorv or tract or Ground, now called the Province of Carolina syttuate, lyeing and being COLONIAL RECORDS. 49 within his Majestie’s Dominions in America extending from the north end of the Hand called Lucke Island, which lyeth on the Sontherne Virginia Seas and within 36 degrees of the North ine Lattitude, and to the west as farr as the south seas aforesaid with all and singuler harbors, bayes, rivers, Isles and Islets belonging to the Country aforesaid and alsoe all the soyle, lands, fields, woods, mountaynes, farmes, lakes, rivers, bayes, Isles and Islets situate lyeing and being within the bounds and li mitts aforesaid, with the fishing of all sorts of fish whales, sturgions and all other royall fishes in the sea, Baves, isles, Islets and rivers within the premises and the fish therein taken. And moreover a power to con- stitute and appoint Governors and all other necessary Officers both mili- tary and civill, and to make, enact and ordayne Lawes by and with the advise and consent of the freemen of the said Province or of the greater part of them there delligates or deputyes when and as often as neede shall require, and the said Lawes to putt in execution by our deputy Justices Ac. with many other powers, emmunityes and privi ledges as in the said Charter unto which for more certinety we referr ourselves is contayned; Now know all men to whom these presents shall come that we the said Edward Earle of Clarendine Lord Heigh Chancellor of England, George Duke of Albemarle Master of his Majestie’s horse and Captain Generali of all his forces, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of his Majestie’s Exchequer, Sir George Carteret Knight and Barronet Vice Chambeline of his Maj t,e ’ 8 household and Sir John Colleton Knight and Barronet, Doe bv these presents give full power and ample authority unto the above named Sir William Berkeley Governor and Captain Generali of Virginia to nomi- nate, constitute and appovnt such persons as he shall conceive fitting to be and continew Governor of all that parte of the province aforesaid which lyeth on the north east side or starboard side entring of the river Chowan now named by us Albemarle river togeather with the Islands and Isletts within tenn leages thereof, for the tearme and time of veares from the date of his Commission which he shall receave from the said Sir William Berkeley, he behaveing himself well ; and likewayes the same person or some other fitting person to be and continew Gov- ernor on the southwest or larboard side entring the same river, and from the entrance thereof 20 leagues up the river and from the river side myles southerly into the land, for the tearme and time of veares from the date of the Commission that he shall receave from Sir \Y illiam Berkeley, he behaveing himself well as aforesaid. And alsoe to nomi- nate' and appoint 6 fitting persons to bo of the Counoill of each Governor 4 50 COLONIAL RECORDS. if two; to joyne with him or them in the Government in such manner as the said Sir William Berkeley shall direct, and to give the said Gov- ernor or Governors and his or there Counsell such power and authority as we by his Majestie’s Charter have power to grante, for the well, good 25 and v* y* same course be continued to all Adventurers and Planters untill it shall be otherwise determined by his Majestie Now know y® y* I thes d S r Wm Berkeley K* &c Doe w* y® con- sent of y® Councell of State accordingly Give and Grant unto M r Tho: Relfe Seven hundred and fifty Acres of land Lying on v* Southwest side of Pasquotank River Begining at a Small cypresse at y® mouth of a Swamp and mining by Tho: Keele bis land into y® W oods South west and by W est 320 pole then N : West & by N. 375 Pole then N East & bv East to a Marked Sypresse in y® cod of a Bay being one of M r f for- sons marked trees and soe along y® Bav to y* Point in y® River and downe tlie said River of Pasquotanek to y* first Station y e said land being due to y® said Thomas Relfe by and for y® transportation of fifteen Persons into this Collony whose names are in the Record mentioned under this Patent To have and to hold y® said land w* bis due share of all Mines and Mineralls therein Conteined w* all Rights and Previleges of Hunting Hawking fishing Howling w* all W oods Waters and Rivers w* all Profitts Comoditvs and heriditnm*® w'soever belonging to y® said Land to him y* said Thomas Relfe his heirs and assignes for ever in as large and ample Manner to all Intents and purposes as is Expressed in a 60 COLONIAL RECORDS. Charter of Orders from v* late treasurer and Company Dated v® 18th of November 1618 or by Consequence may be justly Collected out of y* same or out of y® Letter Patents whereon they are Grounded to be held ot our Soveraigne lord v® king his heires and and Successors for ever as of his Mannor of East Greenwich in free and Comon soccage and not in Capite nor in K ts Service Yielding and paying unto our s d soveraigne Lord y® king his heires and successors for every fifty acres of land hereby Granted yearly at ye feast of S' Michael y* Archangel 1 y® fe rent of one shilling Which payin' is to be made yearly from year to year according to his Majesties Instructions of y® 12 th of September 1662. Provided y‘ if the said Tho : Relfe his heires or assignes doe not seat or plant or cause to be seated or planted upon v® s' 1 Land w‘in three years after y* next Insueing y* then it shall be lawful! for any Adventurer or planter to make Choice and seat thereupon Given at James Cyty under my hand and y® seal of v* Collony y® 25 th day of September 1663 & in y® 15 th year of y® Reignc of our Sovereign Lord king Charles y® Second &c WILLIAM BERKELEY To all to whom these p r sents shall come I Wffi Berkeley K‘ Governor and Cap 1 C?en rU of Virginia send Greeting in our L d God everlasting Wheras by Instructions from y® Kings most Exce‘ Maj tie directed to me and y* Councell of State his Majestic was graciously pleased to authorize me y® said Governor and Councell to grant patents & to assign such pro- portions of land to all ad venturers and planters as hath been usual here- tofore in like cases either for adventurers of money or transportation of people into this Colony according to a Charter of orders from y® late treasurer & company and y* y® same proportion of fifty acres of land to be granted & assigned to every f^son transported hither since Midsumer 1625 and y‘ y® same Course be continued to all adventurers and planters untill it shall be otherwise determined bv his Majestie. Now know yee y‘ I y® s d Wm Berkeley K l &c doe with y® consent of y® Councell of State accordingly give and grant to Robert Peel three hundred and fifty acres of land Lying on y® South west side of Raspi- tanck River between v® land of I) r Relph and v e land of John Battle containing on y® River side one hundred and eighty pole & running South West & by West into y® Wood three hundred and twenty pole y® said land being due to y® said Robert Peel by & for y® transportation of seven j^sons into this Collony whose names are on the Record mentioned under this Patent To have & to hold v® said land w th his due share of all Mines COLONIAL RECORDS. 61 & Mineral Is therin contained w th all rights and previleges of hunting hawking fishing fowling w th all Woods Waters and rivers w th all profitts Comodities and hereditam* 3 whoever belonging to y® s d land unto him y® said Robert Peel his heires & assignes for ever in as large and ample nianer to all Intents A purposes as is Expressd in a Charter of orders from y® late treasurer A Company Dated y® 18 th of November 1618 or by consequence may be justly collected out of y® same or out of the letter patents whereon they are grounded to be holden of our Soveraigne Lord v* King his heires and successors as of his Maner of East Greenwich in free and Comon Soccage and not in Capite nor by K* Service Yielding and paying unto our s d Soveraigne Lord v® king his heires and successors for every fifty acres of land hereby granted yearly at y® Last of S' Michael y® archangell ye tfee rent of one shilling w oh payment is to be made yearly from year to year and v® first payin' to begin one year after y® date herof according to his Majesties Instructions of y® 12 th of 7 he ® 1662 Provided y* if v® s d Robert Peel his heires or assignes doe not seat or plant or cause to be seated or planted upon v® s' 1 land w th in three yeares next ensueing that then it shall be lawfull for any adventurer or planter to make choice or seat therupon Given at James City under my hand and seal of y® Collony y® 25 th of September 1663 and in y® 15 th year of y® reigne of our Soveraigne Lord King Charles v® 2 d &c WILLIAM BERKLEY To all to whom these p r sents shall come, I S' W"’ Berkley Kn‘ Gov- erno r and Cap® Gen 11 of Virg* send greeting in our Lord God everlast- ing, whereas by instructions from the kings most Excell* maj* y directed to mee & v® Consell of state, his Ma ty was graciously pleased to author- ize mee the s d Governo® and Counsell to grant pattents & to assigne such proporcons of Land to all adventur 3 and planters as have been usual 1 heretofore in the like case either for adventures of money or Transporta- con of people into this Collony according to a Charter of Orders from the late Treasurer & Company A that the same proportion of ffiftv Acres of Land bee granted and assigned for every person transported hither since Midsom® 1625 and that the same course bee continued to all adven- tur® 8 and planters untill it shall be otherwise determined bv his ma ty . Now know yee That 1 the S d S® W m Berkley Kn* Ac Doe w th the con- sent of the counsell of state accordingly give and grant unto M® John Harvey six hundred Acres of Land lvinge in a small Creeke called Cura- tuck falling into the the River of Kecoughtancke w ch s d River falls into 62 COLONIAL RECORDS. Carolina begin ing att a marked pokikerv A runinge East South East into the woods three hundred and twenty pole, then Nor: Nor: East three hundred pole, then West Nor: W est three hundred and twenty pole to a marked Cedar att the mouth of swamp upon the afores d Creeke and soe downe the s d Creeke to the first station. The s d Land being due to the s d M r John Harvey by & for v® transportation of twelve persons into this Collony whose names are in the Record mentioned und r this pattents To have and to hold the s d Land with his due share of all mines A mineralls therein contained, with all Rights A priviledges of hawking hunting, dishing & ffowling w th all woods waters & Rivers w tb all profitts Como- dities A hereditam ts whatsoever belonging to the s d Land, unto him the s d M r John Harvey his heirs & assignes for ever in as large & ample manner to all intents and purposes as is expressed in a Charter of Orders from the s d Treasur 1 & Company dated the 18 th day of Novem r 1618 or In- consequence may bee justly collected out of the same or out pf the Let- ters pattents whereon they are grounded. To be held of o r Soveragne Lord the King his heirs and successors for ever, as of his Manno r of East greenwich in free & comon soccage & not in Capite nor bv knight ser- vice Yielding & paying to our s d Soveraigne Lord the King his heires & success 19 for every ditty acres of Land hereby granted yearely att the feast of S‘ Michaell the Archangell the dee rent of one shilling, which payrn 1 is to bee made yearely from yeare to yeare according to his Maj tie9 Instructions of the 12 th of Septem 1 ' 1662 provided that if the s d M r John Harvey his heires or assignes doe not seate or plant or cause to be planted or seated upon the s d Land within three yeares next ensueing That then itt shall be lawfull for any adventur r or planter to make theire and seate thereupon. Given at James Citty under mv hand and the seale of the Collonv this 25 th off Septem r 1663 and in the ftifteenth yeare of the Ramne of o r Soveraigne Lord, King Charles the Second Ac. WM BERKLEY To all to whom these presents shall come, I S r Willm Berkley Kn‘ Governo r and cap 1 gener 11 of Yirgi a send Greeting in our Lord God ever- lasting whereas by instructions from the Kings most Excellent Maj tv directed to mee A y® Council! of state, his Ma tv was graciously pleased to Authorize mee the s d Govern 1 and Councill to grant pattents A to assigne such proportions of Land to all Adventur® A planters as have beene usual 1 heretofore in the like cases, either for Adventurers of money or Transportation of people into this Collony, Accordinge to A Charter of COLONIAL RECORDS. 63 Orders from v e late Treasurer & Company, & that the same proportion of ffiftv Acres of Land bee granted and assigned for every person Trans- ported hither sine Midsumer 1625 & that the same course bee continued to all Adventurers & planters until itt shall hee otherwise determined bv his Ma ty . Now Know vee that I v e s d S r W m Berkley Kn‘ ai*t And Maj r W m Ycamans of Barbados for and on the behalfe of S r John Ycamans Bari ’ 0 his Father Collonell Edmund Reade Symon Lambert Niccolas Edwards Robert Gibbs Samuell Tidcombe Henry Milles Thomas Lake Tho: Maycoke John Somerhayes Bartholomew Roes John Gibbs Basill Gibbs John Dickenson Thomas Gibbs Benjamin Rees Miles Scottow Nathanyell Meazericke Bartholomew Rees Juno r John Arthur Samuell Smith Thomas Partrige John Walice John Brent John Godfrey George Thompson Rob 1 Williams Lawrence Halske W m Burges John Tothill James Thorpe Rolf Tothill W m Forster Thomas Merricke John Merricke George Phillips Edward Jacobs Rolf Hackett Benjamin Waddon Rolf Johnston Thomas Diekes Tho: Clutterhooke John Forster Will: Sharpe John Ham John Start Mathew Grey John Ke rie Richard Baily Edward Thorneburgh Thomas Liston Anthony Long Thomas Norvill Giles Hall James Norvill Will™ Woodhouse Jacob Scantlebury Samuell Lambart John Forster William Byrdall Richard Barrett Edward Yeamans John Killicott Isaac Lovell Thomas Clarke John Woode John Bellomv John Greenesmith Rolf Breoitir Thomas Dowden Niccolas Browne John Wilson Rolf Sinckter Thomas Perkins James Thorpe Rolf Richards Benjamine Hadlut Christopher Goupher James Walter James Haydensen W m Birdall Mordecai Bowden Juimf George Nore Humphrey Waterman and himselfe Adventurers to and Setlers of some part of the Province aforesaid and of all others that shall adventure settle and plant in the said Province of the other part as followeth ; Whereas the said Major William Yeamans is Imployed to the said Lords Propriato” by the persons above mentioned and by them declared under theire hands to be their Agent and Representative and that they have given him full power to treate propose and conclude with the said Lords about all matters relating to that which they have allready done as alsoe to what shalbe necessary and convenient to be done obligeing themselves and their posterityes to accept of, stand to, and abide by what- soever the said Majo* William Yeamans shall conclude of and agree upon in relation to the Setlement of Carolina or any parte thereof, Now in pursuance of the power &<• given to the said Majo r W™ Yeamans by the parties above mentioned. These present Articles doe witnes And it is covenanted graunted and agreed by and between the said partves as fol- loweth, COLONIAL RECORDS. 77 Imp ns The said Lords for their parts their heires Execut” and Ad- ministrat” doe covenant and promise to performe fulfill and keepe all the Concessions and particulers that are to bee by them performed and keept menconed in the Concession and agreem ts hereunto annext contayn- ing the man' of Government w th severall Imunities and priviledges granted to all such persons as shall goe or send to plant or as are already planted in the respective Countyes or Collonys in these Province of Carolina. Item The Lords doe further covenant and promis that they will cause to be shipt before the first day of February next twelve peeces of Ordi- nance with Carr a ges Saddles Spunges and sliott convenient and necessary and twenty barrels of powder one hundred fierlocks and one hundred Matchlocks w th Leade and Bullets fitting as alsoe two hundred pare of Ban- dalyers for y* Armeing and Providing of a Foart to be erected and built neare Port Royall or neare some other harbour River or Creeke whose mouth or Entrance is Southward or Westward of Cape Romania in the Province aforesaid by the Respective Adventurers before menconed or by any others under their Authority. Item The Lords doe further covenant that every one of the Adven- turers of the Island of Barbados and their associates of England New England the Leward Islands and Barmothos that hath subscribed and paid or shall subscribe and pay within forty days after notice of this in the Barbados, and the other places unto the Treasurer or Treasurers ap- pointed or to be appointed bv the Comittee choosen or to be choosen by the adventurers that are or shalbe to receave the same for the defraying the charge of carrying people that cannot pay for the transportation of themselves to port Royall or some Harbour River or Creeke whose mouth or Entrance is to the Southward or westward of Cape Romania and for y® making of some Fortification therefor and towards a setlement of those and other people in that place, and for other Nessessary Charges concern- ing the setlement aforesaid And shall send such proportions of men Armed and provided as their owne Comittee shall agree upon in the first ship or shipes that shalbe sett forth to begin a setlement there, shall have Graunted to them and their heirs for ever for every thousand pound of sugar sub- scribed and paid five hundred acres of land and soe in proportion for a greater or lessor some subscribed and paid as aforesaid to be taken up within five years after the date hereof and settled as other Lands are to be setled viz 1 with an able man Armed with a good Firelocke boare twelve Bullets to the pound Tenn pounds of powder and twenty pounds of Bullets with six Monthes provision within one yeare after y* takeing 78 COLON! A I , RECO R I)S. up of the said Land which Land shalbe taken up to the South or West- ward of Cape Romania and by Lotts as is proposed and prescribed in the Generali Concessions and Agreements concerning the setlement of the respective Countyes in the said Province And shall pay one halfe penny ster* for every acre English measure yearely in manor as in the Conces- sions hereunto annexed. Item The Lords doe further covenant and promis that whoever shall goe or send in the first Fleete w th ('oil : John Yeamans he fay ling with the first Govern 1 or Deputy Govern 1, shall have for his own head one hundred and fifty acres of land to him and his heires for ever English measure And for every able man servant he or shee shall carry or send armed and provided as aforesaid one hundred and fifty acres of land like measure, and to every such servant after the expiration of his or their time seaventy five acres of Land to be taken up by Lots as aforesaid in the place before mentioned And to every other Sarv* that shall there goe af- ter the first fleete such quantyties as in the Generali Declaration is exprest, upon which hundred and fifty acres of land he shalbe obliged to keepe one able man and noe more and in fayler thereof to forfeite the same as in the Generali Concessions and agreement is exprest for which land there shalbe reserved yearlie to the Lords their heires and assignes one halfe penny ^ acre English measure to be paid in manner, as for other Lands in the Concessions mentioned. In consideration whereof The said Maj r Will : Yeamans doth covenant as well on the behalfe of his Father S r John Yeamans Bar 0 and of Coll : Edmund Reade and of all the adventurers settlers and planters before exprest anti of all others that shall adventure setle and plant as of himselfe that they shall for their pte perform fulfill and keepe all y e the particulers that are to bee by them performed mentioned in the Concessions and Agreement hereunto annexed And that there shall be provided before the last day of September next two shippes of one hundred and twenty tonus each of them at least with Ordinance convenient in each sliipp and with pow- der shott and provisions necessary for the transportation of such persons as cannot pay for the passage of themselves to the Southward of Cape Romania there to setle and plant and to erect a foart and in it to plant the Artilliry sent by the Lords afores d for the retreate and preservation of the first settlers and of those that shall follow In witness of truth the said Maj r Wm. Yeamans hath hereunto set his hand and Seale this sev- enth day of January In the sixteenth yeare of his Maj t,es ravne Anno. Dom : 1 664. COLONIAL RECORDS. 79 The Concessions and Agreement of the Lords Propryators of the Province of Carolina to and with the adventurers of the Island of Barbados and their associates of England New England the Carrib- bia Islands and Barmothos to the Province of Carolina and all that shall plant there In order to the setling and planting of the Countye of Clarendine the County of Albemarle and the County which latter is to bee to the southward or westward of Cape Romania all within the Province aforesaid. 1. Imp" 8 Wee doe consent and agree that the Governor of each County hath power by the advice of his Council 1 to depute one in his place and Authority in case of death or removal] to continue untill our further order unless wee have commissionated one before. 2. Item That he hath likewayes power to make choyce of and to take to him six Councillors at least or twelve at moast or any even Number between six and twelve with whose advice and consent or with at least three of the six or fower of a greater Number all being sumoned he is to govern according to the Lymitacons and Instructions following during our pleasure; 3. Item That the chiefe Registers or Secretary^ which wee have chosen or shall chuse wee fay ling that hoc shall chuse shall keepe exact enteryes in faire bookes of all publicke atfares of the said Countyes and to avoyde deceiptes and lawsuits shall record and enter all Graunts of Land from the Lords to the planter and all conveyances of Land howse or howses from man to man, As alsoe all leases for Land howse or howses made or to be made by the Landlord to anv tennant for more than one yeare which conveyance or Lease shalbe first acknowledged by the Grant 1 or Leaso*' or proved by the oath of two witnesses to the convey- ance or Lease before the Governor or some Chiefe Judge of a Court for the time being whoe shall under our hand us grant upon the backside of the said deede or Lease attest the acknowledgement or p route as afore- said which shalbe our grant for the Registers to record the same which Conveyance or Lease soe recorded shalbe good and effeefliall in Law not- withstanding any other conveyance deede or Lease for the said Land howse or howses or for any part there although dated before the Convey- ance deede or Lease soe recorded as aforesaid And the said Registers shall doe all other thing or things that wee by our Instructions shall direct and v® Governors Councell and Assembly shall ordaine for the good and wellfaire of the said Countyes ; 4. Item That the Surveyor Gen 11 that wee have chosen or shall chuse wee fayling that the Governor shall chuse, shall have power by himself 80 COLONIAL RECORDS. or Deputy to survey ley out and bound all such Lands as shalbe granted from the Lords to the Planters (and all other Lands within the said Countyes &c which may concerne particular men as he shalbe desired to doe) And a particuler thereof certifie to the Registers to be recorded as aforesaid Provided that if the said Registers and Surveyors or either of them shall soe misbehave themselves as that the Governor and Councill or Deputy Governor and Councill or the maj r pte of them shall finde it reasonable to suspend their Actings in their respective Deployments it shalbe lawfull for them soe to doe untill further order from us; 5. Item That all clause of officers made by the Governor shalbe for noe longer time then during our pleasure; (>. Item That the Governors Councillors Assemblymen Secretarys Surveyors and all other officers of trust shall sware or subscribe (in a booke to be provided for that purpose) that they will bare trew alleagance to the King of England his heires and successors and that they wilbe faith full to the Interest of the Lords Propryat" of the said Province and their heires executors and assignes and endeavor the peace and wellfaire of the said Province and that they will trewly and faithfully discharge their respective trusts in their respective offices and doe equall justice to all men according to their best skill and j udgm 1 without corruption favor or affection, and the names of all that have sworne or subscribed to be entred in a booke; And whosoever shall subscribe and not sware, and shall vyolate his promis in that Subscription shalbe lvable to the same punishnf that the persons are or may be that have sworne and broken their oathes; 7. Item That all persons that are or shal become subjects to the King of England and sware or subscribe allegiance to the King and faithful- ness to the Lords as above shalbe admitted to plant and become freemen of the Province and enjoy the freedomes & Imunityes hereafter exp rest untill some stop or Contradiccon be made by us the Lords or else by the Governor Councill and Assembly w oh shalbe in force untill the Lords see Cause to the Contrary provided y* such stop shall not anywayes preju- dice y® right or Continewance of any person that hath beene rec d before such stop or order come from the Lords or Gen 11 Assembly. 8. Item That noe person or persons quallifyed as aforesaid within the Province or all or any of the Countyes before exprest at any time shalbe anywayes molested punished disquieted or called in question for any dif- ferences in opinion or practice in matters of religious concernment whoe doe not actually disturbe the civill peace of the said Province or Coun- tyes but that all and every such person and persons, may from time to COLONIAL RECORDS. 81 time anti at all times freely and fully have and enjoye his and their judg- ments and contiences in matt” of religion throughout all the s d Province they behaving themselves peaceably and quietly and not using this lib- erty to Lycentiousness nor to the Civ ill Injury or outward disturbance of others, any Law statute or clause contevned or to be conteyned usage or custom of this realme of England to the contrary hereof in anywise notw th standing. 9. Item That noe pretence may be taken bv us our lieires or assignee for or by reason of o r right of patronage and pow r of advowson graunted unto us by his Maj ties Letters pat-tents aforesaid to infringe thereby y e Gen 11 clause of Liberty of Contience aforemenconed We doe hereby graunt unto the Gen' 1 asseniblyes of y e sev" Countyes power by act to constitute and appoint such and soe many Ministers or preach” as they shall tliinke fitt, and to establish their maintenance Giving Liberty be- sides to any person or persons to keepe and mainteyne w‘ preachers or Ministers they please. 10. Item That the inhabitants being freemen or cliiefe agents to others of y 6 Countyes afores d doe as soone as this our Comission shall arrive by virtue of a writt in our names by the Governor to be for v® present (untill our seale comes) sealed and synod make choice of twelve Deputves or representatives from amongst themselves whoe being chosen are to joyne with him the s d Governor and Council! for the makeing of such Lawes Ordinances and Constitutions as shalbe necessary for the present good and welfare of the severall Countyes afores d but as soone as Par- ishes Divisions tribes or districcons of y® said Countyes arc made that then y e Inhabitants or Freeholders of the sev" and respective Parishes Tribes Devisions or Districcons of the Countyes afores d doe (by our writts under our Seale w ch wee Ingage shalbe in due time issued) annu- ally meete on v 6 first day of January and chuse freeholders for each respective denizon Tribe or parish to be y® Deputves or representatives of y® same, which body of Representatives or y e Maj r parte of them shall w th the Governor and Couneill afores d by y® Gen” Assembly of the County for which they shalbe chosen, the Governor or his Deputy being present unless they shall wilfully refuse in w oh ease they may appoint themselves a president during the absence of the Governor or his Dep- uty Governor. Which Asseniblyes are to have power. 1. Item To appoint their own times of meeting and to adjorne their sessions from time to time to such times and places as they shall tliinke 82 COLONIAL RECORDS. Convenient as alsoe to ascertaine y® Number of their Quorum Provided that such numbers be not less than y® third pte of the whole in whomeor more shalbe v® full power of the Generali Assembly (viz 1 ) 2. Item To enact and make all such Lawes Acts and Constitutions as shalbe necessary for the well Goverment of v® County for w ch they shalbe chosen and them to repeale provided that the same lx; consonant to reason and as near as may be conveniently agreable to the Lawes and Customes of his Maj tie8 Kingdom of England provided alsoe that they be not against y® Interest of 11 s the Lords Proprvators our heires or assignes nor any of these our present concessions Espetially that they be not against the Article for Liberty of Contience abovemenconed, which Lawes &c soe made shall receave publication from the Governor and Council 1 (but as the Lawes of us and our Gen" Assembly) and be in force for the space of one yeare and a halfe and noe more; Unless con- tradicted bv the Lords Proprvators within which time they are to be presented to us our heires &c, for our ratification and being confirmed by us they shalbe in continuall force till expired by their owne Limitation or by Act of Repeale in like manner as afores d to be passed and con- firmed; 3. Item by act as afores d to constitute all Courts for there respective Countyes, togeather w th v® Lvmitts powers and jurisdiccons of y® said Courts as alsoe y® severall offices & Number of Officers belonging to each of the s d respective Courts togeather with there severall and respective salleryes fees and perquisites Theire appellations and dignities with the penalltyes that shalbe due to them for breach of their severall and respective dutves and Trusts. 4. Item by act as afores d to ley equall taxes and assessments equally to rayse moneyes or goods upon all Lands (excepting the lands of us the Lords Proprvators before setling) or persons within the severall precincts Hundreds Parishes Manors or whatsoever other denizions shall hereafter be made and established in y® said Countyes as oft as necessity shall re- quire and in such manner as to them shall seeme most equall and easve for y® s d Inhabitants in order to the better supporting of the publicke Charge of the said Goverment, and for the mutuall safety defence and security of v® Countyes. 5. Item by act as afores d to erect within v® said Countyes such and soe many Barronyes and Manors with their necessary Courts, jurisdiccons freedomes and priviledges as to them shall seeme convenient, as alsoe to devide y® s d Countyes into Hundi’eds Parishes Tribes or such other deni- zions and districoons as they shall thinke fitt and the said Divisions to COLONIAL RECORDS. 83 distinguish by what names we shall order or direct, and in default thereof by such Names as they please As alsoe within any part of v e said Coun- tyes to create and appoint such and soe many ports harbours Creekes and other places for v e convenient ladeing and unlading of goods and mer- chandize out of shipps, boates and other vessells as they shall see expe- dient with such jurisdictions priviledges and francheses to such ports Ac belonging as they shall judge most convenient to the gen 1 good of y e said plantation or Countyes. 6. Item by these enacting to be confirmed as afores d to erect rayse and build within the s d Countyes or any part thereof such and soe many Forts Fortresses Castles Cittyes Corporations Borroughs Townes Villages and other places of strenkt and defence and them or any of them to in- corporate with such Charters and priviledges as to them shall seeme good and our Charter will permit and the same or any of them to fortifie and furnish with such Proportions of ordinance powder shott Armor and all other weapons Ammunition and Habillaments of warr both offensive and defensive as shalbe thought necessary and convenient for the safety and welfare of y e s d Countyes. but they may not at any time demolish dis- mantle or disfurnish the same without the consent of the Governor and the Major parte of the Councill of the County where such Forts Fort- resses &c. shalbe erected and built ; 7. Item by act as afores* to constitute trayne bands and Companys with the number of souldiers for the safety strength and defence of the said Countyes and Province and of the Forts Castles Cittyes Ac to sup- press all meutinyes and Rebellions. To make warr offensive and defen- sive with all Indians Strangers and Foreigners as they shall see cause and to persue an Enemy bv sea as well as by land if need be out of y e Lymitts and Jurisdiccons of v® s d County with the perticculer consent of the Governor and under the Conduct of our Lent: Gen: or Comander in Chiefe or wliome he shall appoint. 8. Item by act as afores d to give unto all strangers as to them shall seeme meete a Naturalizion and all such freedomes and priviledges within the s d Countyes as to his Maj" es subjects doe of right belong they swear- ing- or subscribing as afores d w oh said strangers soe naturallized and priv- iledged shall alsoe have the same Ifnunitycs from Customes as is granted by the Kinge to us and by us to v® said Countyes and shall not be lyable to any other Customes then the rest of his Maj tie ® subjects in the s d Coun- ties are but be in all respects accompted in the Province and Countyes aforesaid as the King’s naturall subjects. 84 COLONIAL RECORDS. 9. Item by act as aibre» a to prescribe y® quantityes of land which shalbe from time to time alotted to eavery head free or Sarv‘ male or female and to make and ordaine Rules for the easting of Lotts for Land and leying out of y® same provided y* these doe hot their said prescrip- tions exceed v® severall proportions which are hereby graunted bv us to all persons arriveing in y® s' 1 Countyes or adventuring theither; 10. Item the Gen" Assembly by act as afores d shall make provision for the maintenance and Support of the Governor and for the defraying of all necessary Charges of the Goverment as alsoe that the Constables of the respective Countyes shall collect the halfe penny ^ acre payable to y® Lords in theire Countyes and pay y® same to v® receavor y l y® Lords shall appoint to receave the same unless y® s d Generali Assembly shall prescribe some other way whereby the Lords may have their rents duelv collected w th out charge or trouble to them. 11. Lastly to enact constitute and ordaine all such other Lawes aetes and constitutions as shall or may be necessary for the good prosperity and setlement of y® said Countyes excepting w‘ by these presents are excepted and conformeing to Limitations herein exprest. The Governors are with theire Couneill before exprest : 1. Item to see that all Courts established by the Lawes of y® Gen" Assembly and all Ministers and officers Civill or Military doe and exe- cute their severall dutyes and offices respectively according to the Lawes in force and to punish them from swerveing from the Lawes or acting contrary to their trust as the nature of their offence shall require. 2. Item according to the constitutions of the Gen" Assembly to nom- inate and comissionate the severall Judges, Members and Officers of Courts wheither Majistraticall or Ministeriall and all other civill officers as Justices Coroners &c the Comissions and powers and Priviledges to revoake at pleasure provided that they appoint none but such as are freeholders in the Countyes afores d unless the Generali Assembly con- sent ; 3. Item according to the Constitutions of the Gen" Assembly to ap- point Courts and officers in Cases Cryminall and to impower them to inflict pcnaltves upon offenders against any of the Lawes in force in y® said Countyes as y® said Lawes shall ordaine wheither by flue Imprison- ment Banishnfl corporall punishm 4 or to v® taking away of member or of Life itselfe if there be cause for it. 4. Item to place officers and soldiers for the safety strenkt and defence of the Forts Castles Cittyes Ac according to y® number appointed by the Gen" Assembly to nominiate place and comissionate all millitary COLONIAL RECORDS. 85 officers under y e dignity of y e Lent : Gen 11 whoe is comissionated by us, over the sev 11 trayned bands and Companys constituted by y® Gen 11 As- sembly as Collonels Capts: &c and tlieire comissions to revoake at pleas- ure, y® Lent: Gen: with the advice of his Couneill unless some present danger will soe permitt him to advize to muster and trayne all y® soldiers w th in the said County or Countyes to prosecute warr persue an Enemy suppress rebel'ions and mewtinies as well by sea as Land and to exercise the whole Millitia as fully as by our Letters pattents from the kinge wee can impower him or them to doe Provided y* they appoint noe Military officers but w* are freeholders in the s d Countyes unless y® Gen 11 Assembly shall consent ; 5. Item where they see cause after condemnation to reprieve untill the Case may be presented with a Coppy of v® whole tryall proceedings and proofes to y e Lords who will accordingly eather pardon or comand exe- cution of y° sentence on y® offender who is in y e meane time to be kept in safe custody till the pleasure of y e Lords be knowne 6. Item in case of death or other removall of any of the representa- tives within the yeare to issue summons by writt to y e respective division or divisions for which he or they were chosen comanding the freeholders of y® same to chuse others in their steade ; 7. Item to make warrants and to seale Grants of Land according to theis our Concessions and the prescriptions by y® advice of y® Gen" As- sembly in such forme as shalbe at large set down in our Instrucons to y® Governor in his Comission and which are hereafter expressed. 8. Item to act and doe all other thing: or things v‘ mav conduce to v® safety peace and well Government of v® said Countyes as they shall set* fitt soe as they be not contrary to y® Lawes of y® Countyes aforesaid ; For the better security of the proprieties of all the Inhabitants 1. Item They are not to impose nor suffer to be imposed any tax Cus- tome Subsidy Tallage Assesment or any other duty whoever upon any Culler or pretence upon y® s d County or Countyes and the Inhabitants thereof other then what shalbe imposed bv v® Authority and consent of y® Generali Assembly and then only in manner as aforesaid; *2. Item they are to take care y® land quietly held planted and pos- sessed seaven yeares after its being first duelv surveyed by the Surveyor Generali or his order shall not be subject to any review resurvey or altera- tion of bounds on w‘ pretence soever or by any of us or any offie rs or Ministers under us. 8. Item they are to take care y‘ noe man if his Catle straye range or graze on any ground w th in the s d Countyes not actually appropryated or 80 COLONIAL RECORDS. sett out to particular persons shalbe lyable to pay any trespass for y® same to us our heires &c Provided y l Custom e of Coitions be not thereby pre- tended to; nor any person liindred from taking up and appropriating any Lands soe grazed upon and y‘ noe person purposely doe suffer his Catle to graze on such land. 4. Item it is our will and desire that y® Inhabitants of y® said Countyes and adventurers theither shall enjove all the same Imunityes from Cus- tomes for exporting certine goods from these Realmes of England &c theither a&y® Kinge hath been graciously pleased to graunt to usasalsoe for y® Incorragement of y® Manufact” of wine silke oyle ollives fi nite almonds &c. mentioned in the pattent have priviledge for bringing them Custome free into any of his Maj t,es dominions for v® same time and upon y® same tearmes as we ourselves may by our Pattent. And that the planting of the Countyes afores 4 may bee the more speedily promoted : 1. Item The Governors are to take notice that wee doe hereby graunt unto all persons whoe have already adventured to Carolina or shall trans- port themselves or Sarv ts before y e first day of January which shalbe in y® yeare of our Lord one thousand six hundred sixty five theis fol- lowing proportions of land viz 1 if to y® County of Clarendon one hun- dred acres English measure to every freeman and as much to his wife if hee have one And to every freewoman v‘ already is or shall arrive into y® s 4 County with a Sarv‘ or Sarv ts to plant within y® Province afores 4 one hundred acres like measure To a Mast® or Mistres for every able man Sarv‘ he or shee hath brought or sent or shall bring or send as afores 4 being each of them armed with a good firelocke or Matchlocke boare twelve bullets to the pound ten pounds of powder and twenty pounds of bullets w th Match proportionable and victualled for six monthes fifty acres of like measure for every weaker Sarv® hee or shee hath brought or sent or shall bringe or send as afores 4 as woemen children and slaves above y® age of fowerteene yeares, And fifty acres like measure for every Chris- tian SaiV y‘ is brought or sent within y® s 4 time to his or her proper use and behoofe when their time of servitude is expired ; 2. Item to every freeman and freewoman y‘ shall arrive in y® s 4 County armed and provided as afores 4 within the second yeare from y® first daie of January one thousand six hundred sixty five to y® first of January one thousand six hundred sixty six with an intention to planting seaventy five acres of Land and seaventy acres for every able man Sarv* that lie or they shall carry or send armed and provided as aforesaid : COLONIAL RECORDS. 87 3. Item for every weaker sarvant or slave adged as afores d y* shalbe carryed or sent theither within y® second yeare as afores d forty acres of Land To every Christian sarvant y* shall arrive y® second yeare forty acres of Land of like measure after v e expiration of his servitude. 4. Item to every freeman or freewoman armed and provided as afores d y* shall goe and arrive with an intention to plant within y® third yeare from January one thousand six hundred sixty six to January one thou- sand six hundred sixty seaven fifty acres of Land like measure and for every able man sarv* y* he or they shall carry or send within y® s d time armed and provided as afores d the like quantity of Land and for every weaker sarv 1 or slave adged as afores d y* he or they shall carry or send within the third yeare twenty five acres of Land and to every Christian sarvant soe carryed or sent in the third yeare twenty five acres of Land of like measure after the expiration of his or their time of Sarvice; 5. Item we do hereby graunt unto all persons whoe have already ad- ventured to Carolina or shall transport themselves or sarvants before y® first dale of January which shalbe in y® yeare of our Lord one thousand six hundred sixty five theis following proportions of Land If to v® County of Albemarle eighty acres English measure to every freeman and as much to his wife if he have one And to every freewoman y* already is or shall arrive intoy® s d County with a Sarv* to plant within y® time afores d eighty acres like measure To a Master or Mistres for every able man Sarv* he or shee hath brought or sent or shall bringe or send as afores d being each of them armed with a good firelock or matchlock boare twelve bullets to y® pound tenn pounds of powder and twenty pounds of bullets w th match proportionable and victualed for six monthes eighty acres of like measure and for every weaker Sarv* he or she hath brought or sent or shall bringe or send as afores d as woemen chil- dren and slaves above the age of fowerteene yeares, forty acres like measure And for every Christian Sarv* y* is brought or sent within y® said time to his or her proper use and behoofe when their time of Sarvitude is expired forty acres of like measure; fi. Item to every freeman and freewoman v* shall arrive in y® s d County armed and provided as afores d within y® second yeare from y® first day of January one thousand six hundred sixtie five to v® first day of January one thousand six hundred sixty six w th an inteucon to plant sixtie acres and sixty acres for every able man Sarv* y* he or they shall carry or send Armed and provided as aforesaid ; 7. Item for every weaker Sarv* or slave adged as afores d v* shall be carryed or sent theither w‘ h in v® second yeare as afores d Thirty acres like COLONIAL RECORDS. 88 measure To every Christian sarv 4 y 4 .shall arrive y® second yeare Thirty acres of Land of like measure after y® expiracon of his or there time of servitude. 8. Item to every freeman and freewoman armed and provided as afores d y 4 shall goe and arrive w th an intention to plant w th in y® Third yeare from January one thousand six hundred sixty six to .January one thousand six hundred sixty seaven Forty acres of Land like measure, and for every able man sarv 4 that lie or they shall carry or send w th in y® s d time armed and provided as afores d v® like quantity of land, And for every weaker sarv 4 or slave adged as afores d v 4 he or they shall carry or send within v® Third veare Twentv acres of Land like measure. And to . . y every Christian Sarv 4 so carryed or sent w th in v® Third yeare Twenty acres of land ol' like measure after y® expiracon of his or there time of servitude; 9. Item we doe hereby graunt unto all persons who have already ad- ventured to Carolina or shall transport themselves or Sarv 48 before y® first day of January which shalbe in y® yeare of our Lord one thousand six hund rd sixty five these following proportions viz 1 to every freeman y 4 shall goe w th y® first Govern® from y® port where hee imbarkes (or shall meete him at y e Randeyvous he appoints) and from thence goe with him to y® southward or westward of Cape Romania w th in the province afores d for y® sett leaf of a Plantacon there which we name to be y® County of Armed w th a good muskett boare twelve bullets to y® pound w th Tenn pounds of powder & Twenty pounds Bullets w th Bandalears and match convenient and vv th six monthes provision, for his owne person arriveing there, one hundred and fifty acres of Land English measure And for every able man Sarv® y 4 hee shall carry w th him Armed and provided as afores d and arriveing there y® like quantity of one hundred and fifty acres and whoever shall send Sarv ts at y 4 time shall have for every able man Sarv 4 hee or they shall send armed and provided as afores d and ariving there y® like quantity of one hundred and fifty acres and for every weaker Sarv* or slave male or female exceeding y® age of fower- teene yeares which any one shall send or carry arriving there seaventy five acres of land and to every Christian Sarv 4 exceeding y® age afores d after y® expiracon of their time of service, seaventy five acres of land for there owne use. 10. Item to every Mast 4 or Mistress y 4 shall goe before y® first day of January w ch shalbe in y® yeare of our Lord one thousand six hund rd sixty five one hund rd and Twenty acres of land and for every able man Sarv 4 y 4 hee or shee shall carry or send armed and provided as a fores'* and ar- COLONIAL RECORDS. 89 riveing w th in y e time afores d y e like quantity of one hund rd & Twenty acres of Land and for every weaker Sarv 4 or slave male or female ex- ceeding y e age of fowerteen yeares ariving there sixty acres of land and to every Christian Sarv 4 to there owne use and behoofe sixty acres 11. Item to every freeman and freewoman y 4 shall arrive in y e s d County armed and provided as afores d w th in y® second yeare from y® first of January one thousand six hundred sixty five to y® first of January one thousand six hund rd sixty six w th an Intention to plant ninety acres of Land English measure and for every able man Sarv 1 y 4 bee or shee shall carry or send Armed and provided as afores d Ninty acres of Land of like measure. 12. Item and for every weaker Sarv 4 or slave adged as afores 4 y 4 shalbe soe carryed or sent theither w th in y® second yeare as afores d forty five acres of Land of like measure, and to every Christian Sarv 4 y 4 shall arrive y® second yeare forty five acres of land of like measure after y° expiration of his or there time of servitude, for there owne use and be- hoofe, all w ch Lands soe granted in y® 9: 10: 11 : and 12: articles pro- ceeding and y® 13 th following are ment and intended to be taken up and given in y® County of and not elsewhere, 13. Item to every freeman and freewoman armed and provided as afores d y 4 shall goe and arrive w 4h intencon to plant w 4h in y® Third yeare from January one thousand six hundred sixty six to January one thousand six hundred sixty seaven armed and provided as afores 4 sixty acres of land like measure and for every able man Sarv 4 y 4 lice or they shall carry or send w 4h in y® s d time armed and provided as afores d v® like quantity of sixty acres of land and for every weaker Sarv 4 or slave adged as a fores'* y 4 he or they shall carry or send w th in v® Third yeare thirty acres of land, and to every Christian Sarv 4 soe carryed or sent in y® third yeare thirty acres of Land of like measure, after y® expiration of his or there time of service, All which land and all other v 4 shalbe possessed in s d Countyes are to be held on y® same tearmes and Conditions as is before mentioned and as hereafter in the following Pharagraphes is more at large exprest Provided v 4 all y® before mentioned Land and all other whoever y 4 shalbe taken up and soe setled in y® s d Province shall afterwards from time to time for v® space of thirteene yeares from y® date hereof be held upon y® Condition afores 4 of continewing one able man Sarv 4 or two such weaker Sarv 4 * as afores d on every hundred acres Master or Mistres shall possess besides w 4 was graunted for his or her owne person, In failer of w oh upon Notification to y® present Occupant or his assignee, there shalbe thret* yeares given to such for there compleating the said Number of persons 8 {)() COLONIAL RECORDS. or for there sayle or other disposure of such part of there Lands as are not soe peopled w th in y c time of three yeares if any person holding any Lands shall fade by himselfe his agents executors or assignes or some other way to provide such number of persons, Unless the Gen 11 Assembly shall without respect to poverty judge y l it was impossible for y® party soe fayleing to keepe or procure his or her Number of Sarv** to Ik; ]»ro- vided as afores d In such case wee y® Lords to have power of disposeing of soe much of such Land as shall not be planted w th its dew Number of persons as afores d to some other y* will plant v® same ; Provided alwayse y* any person who hath a stocke of Catle sheepe or such like on his hands shall for every greater soart of Cattle w ch lice hath at v® time of such forfeiture as horses Kine &c, retain two acres, and for every lessor sorteas sheepe hoggs &c one acre Provided alsoe v* noe persons arriveing into v® s d Countyes w th purpose to setle (they being subjects or Natural- ised as afores d ) be denyed a graunt of such proportions of Land as at v® time of there arrivall are due to themselves or Sarv 18 bv Concession from us as afores 4 but have full Lycenoe to take up and setle v® same in such order and manner as is granted or prescribed all Lands notw th standing (y® powers in y® Assembly afores 4 ) shalbe taken up by warrant from y® Governor and confirmed by y® Governor and Councill under a Seale to be provided for y* purpose in such order and meth-hood as shalbe set downe in this declaration and more att Large in y® Instructions to y® Governor and Councill. And that the lands may be the more regulerly layd out and all persons the better ascertavned of there titles and possessions. 1. Item in the bounding of y® County of Clarendon the Governor and Councill (and Assembly if any bee) are to make choyce of (and con- fine themselves and planters to) one side of y® mayne river neare Cape Faire, on which some of y® adventurers are already setled or intend to setle and y® Islands in or neare y® said River next y® side they setle on, Unless they have already setled some Island neare v® other side which if they have they may continew thereon ; 2. Item the Governor of v® County of with v® advice of his Councill is to bound y® said County as he shall see fitt not exceeding Forty myles square or sixteene hundred Square nyvles. 3. Item they are to take care and direct y* all Lands bee devided by ♦(xen 11 Lotts none less then two thousand two hundred acres nor more then two and twenty thousand acres in each Lott excepting Cittyes Townes &c and v® neare Lotts of towneshipps and y* y® same be undeci- mallv devided one eleaventh part by lott to us our heires and Assignes COLONIAL RECORDS. 91 y® Remay nd r to persons as they come to plant y® same in such proportions as is allowed; 4. Item that y e Governor of each County or whome he shall depute in Case of death or absence if some one be not before Comissionated by us as afores d doe give to every person to whome land is due a warrant syned & sealed by himselfe and v® Major pte of his Councill and directed to y e Surveyor Gen" or his Deputy comanding him to ley out Lymitt and bound acres of Land (as his due proportion is) for such a person in such allotm* according to w ch warrant y® Register hav- ing first recorded y e same and attested the record upon y e warrant v® Survey 1, Gen" or his Deputy shall proceed and certified) y e Chief e Secre- tary or Register y® Name of y e person for whome he hath layde out land, by virtue of w‘ authority y e date of y e authority or warrant y® Number of acres y® bounds and on w‘ poynt of y* Compass v® Several 1 Ly mitts thereof lye which Certificate the Register is iikewayse to enter in a booke to be prepared for y* purpose with an Alphabetical! table referring to y* booke soe y® Certificate may be y® easier found and then to file y® Certifi- cates and y® same to Keepe safely The Certificate being entered a warrant comprehending all y® particculers of Land mentioned in y® ( Certificate afores d is to be syned and sealed by him and his Councill or v® Major pte of them as afores d (they haveing seen y® entry) and directed to ye Register or Chiefe Secretary for his preparing a Graunt of ve land to v® party for whome it is layd out w ch Graunt shalbc in the forme following viz 1 The Lords Proprietors of the Province of Carolina doe hereby graunt unto A. B. of y® county of Clarendon (or in w‘ County y® same shalbe) in v® province afores d a plantation in ye said County Conteyning Acres English measure Bounding as in y® said Certificates to hold to him (or her) his (or her) heires and Assignes for ever Yielding and pay- ing yearly to y® said Lords Proprietors their heires or Assignes every twenty fifth day of March according to y® English Acc® one halfe penny of Lawfull English monv for every of y® said Acres To be holden of y® manner of in free and Comon Soccage, ye first paym‘ of w oh rent to beginn v® twenty fifth day of March which shalbe in y® yeare of our Lord one thousand six hund rd and seaventy according to y® English Account, Given under y® scale of y® County of Clarenden y® day of in y® yeare of our Lord To which Instrument v® Governor or his Deputy hath hereby full Authority to put ye® scale of y® said County and to subscribe his Nam^ as alsoe v® Councell or Maj r pte of them are to subscribe there Names and then y® Instrument or Graunt is to Ik* by v® Register recorded in a 92 COLONIAL RECORDS. Booke of Records for purpose ail w h being done according to these instructions we hereby declare y* the same shalbe effect nail in Law for y® Injoy in* of y® said plantation and all y® henefitts and profits of and in y® same, except y® halfe part of Mynes of Gold and Silver paying y® rent as afores d Provided y l if any plantation so granted shall by y® space of three veares be neglected to be planted with a sufficient Number of Sarv ts as is before mentioned y‘ then it shalbe lawfull for us otherwayse to dispose thereof in whole or in part This graunt notw th standing. 5. Item We doe alsoe graunt convenient proportions of land for high- ways and for streetes not exceeding one hundred foote in bredth in Cittyes Townes Villages for churches Forts wharfs Keys Harbours and for pub- licise houses and to each parish for y® use of there Ministers one hundred Acres in such places as y® Gen 11 Assembly. shall appoynt; 6. Item v® Governors are to take notice y l all such lands leyd out for y® uses and purposes in y® next proceeding Article shall be free and ex- empt from all rents Taxes and other Customes or dutyes whoever paya- ble to us our heires or Assignes. 7. Item that in leying out Lands for Cittyes Townes Villages Bur- roughes or other Hamlets y® said lands be undecimally devided one eleaventh part to be by lott layd out for us and y® rest devided to such as shalbe willing to build thereon they paying after y® rate of one halfe penny per Acre yearely to us, as for there other lands as afores d w ch said Lands in Cittyes Townes &c is to be assured to each possessor by y® same way and Instrewment as is before mentioned. 8. Item That all Rules relating to building of each streete or quantity of ground to be alotted to each house within y® said respective Cittyes Burroughs and Townes be wholy left by act as afores d to y® wisdomeand discreccon of y® Generali Assembly; 9. Item That y® Inhabitants of y® said County have free passage through or by any Seas bounds Creekes Rivers &c. in y® said Province of Carolina through or by which they must necessarily pass to come from y® Mayne Ocean to y® Countyes afores d or any part of y® Province afores d ; 10. Lastly it shalbe Lawful for y® Representatives of y® freeholders to make any address to y® Lords touching y® Governor and Councill or any of them or concerning any Greivances whatsoever or for anything they shall desire without the Consent of the Governor and Councell or any of them, (Endorsed) Sealed and Delivered in y® presence of us JO: PERYN. THO: WALKER COLONIAL RECORDS. 93 January 7 th 1664—5 It is this day agreed by the Lords Propryators of Carolina that al- though the County of Clarendon neare Cape Faire, and all the tract of ground as farr as to the southward of the river S* Mathias and west as far as the South Seas, be for the present, under the Government of Sir John Yeamans, yet notwithstanding it is ment and intended, that that parte of it which is about to be setled to the southward and westward of Cape Romania be a distinckt Government from the County of Claren- don, and that there be a distinckt deputy Governor for the present and that it be called the County of Craven and as soone as it shalbe conven- iently setled by the said Sir John Yeamans or any other that there be a distinckt Governor comissionated to governe there. [B. P. R. O. Col: Ent: Book. No. 20. p. 22.] Mr. Drummond. Sir, Our last unto you was by M r Peeter Carteret accompaning your Comis- sion and Instructions for the Government of the County of Albemarle in which we confined the County to 40. myles square or 40. square myles, in which there was a mistake for it should have been 1600 square myles instead of 40. of which you are to take notice and to bound the County accordingly and if it be not enough to comprehend all the plantations already under that Government give us notice of the deft, and on what points of the Compas those plantations lye, that are without the bounds (from the entrance of the mayne River) and we eann soone enlarge your bounds; and shall if there be reason for it, wee rest Cockpitt. Your very loving frinds. January 7 th 1664-65. [B. P. R. O. Col: Ent: Book. No. 20. p. 21.] Sir John Yeamans Sir, Haveing receaved a. good carrector of your abillitves and Inteagryty and of your loyalty to the kinge from Sir John Colleton, with an assur- ance that you will viggorouslv attempt the setling of a Collony or plan- 94 COLON TAL RECORDS. tation to the southward of Cape Romania which will conduce much to the Interest and honour of the kinge and advantage of his people, and more especially that of the first setlers, wee have in the first place prevaled with his Majestic to conferr the honor of a knight Barronet upon you and your heires, to whome wee have given assurance that you will deserve the same; In the next place we have by our Commissions which goes by your Soon, made you our Lieutenant Generali and Governor of that parte of our Province of Carolina, which we conceave may most conduce to the setlement aforesaid and in as much as cann yet be under our Government for many reasons which we have not time to shew, we have in our agree- ment with your Sonn indeavoured to comprehend all Interests especially that of New England from whence the greatest stocke of people will in probability come, our more southerne plantations being already much drayned, wherefore we advize you to contrive all the good waves you cann imagen to get those people to joyn with you in which there wilbe a com- mon Utility especially bv keepinge those in the Kinges dominions that either cannot or will not submitt to the Government of the Church of England. As for the six thousand acres of Land by you desired from us we doe here oblige ourselves to graunt the same to you or vour assignes to be by you or them taken to the southward or westward of Cape Romania, by lott as other lands are to be taken up, in which we desire you to avoyde the comeing to neare the home Lotts which if you shall doe for any greate proportion, it will thin the people and weaken that part to the indangering of the whole, and alsoe as you take it up or cause it to be taken up and bounded within 3. yeares after the date hereof, you paying one lialfe penny per acre English measure yearely the first payment to begin the 25 th day of March which shalbe in the yea re of our Lord 1670. according to the English account. Wee doe likewavse ingage ourselves to graunt to your frind Captain William Merricke or assignes fifteene hundred acres of Land English Measure, in the places upon the tearmes, wee have ingaged to graunt to you, wishing you good success and prosperity in your intended voyage and undertakings we rest Your very loving frinds. Cockpitt this 11 th January 1664. COLONIAL RECORDS. ‘15 [B. P. R. O. Col: Ent: Book. No. 30. p. 19.] Edward Earle of Clarendon Lord High Chancellor of England, George Duke of Albemarle &c ; The trew and absolute Lords Proprvators of all the Province of Carolina. • To our trusty and well beloved Sir John Yeamans Barronet Governor of our County of Clarendon neare Cape Faire and of all that tract of ground which lveth southerly as farr as the river S* Mathias which bord- eretli upon the Coast of Florida within 31. degrees northerne lattitude and soe west as farr as the South Seas as alsoe of all Islands and Islets, Rivers and Seas within the said bounds and our said Province of Caro- lina, And to our trusty and well beloved our Couneellors and assistants to our said Governor, Greeting ; Bee it knowne unto all men that we the said Lords and absolute pro- pryators of the said County and tract of ground within the province afore- said for divers good causes and considerations but more especially out of the trust and confidence reposed bv us in you our said Governor and Couneellors for the faithfull management of the powers and authorityes by us to you given to the best avayle and improvement of our Interest and Dominion in the said County of Clarendon, and all the tract of ground aforesaid; within our said Province and for the best avayle and improvement of the Interest, Liberty, propryetcy and defence of all such as shall plant and inhabit there Land given, graunted and by these pres- ents doe give and graunt (during our pleasure) unto you our said Gover- nor by and with the advice and consent of our Councell or any 3. or more of the 6. or 4. or more of a greater number full and absolute power and authority for us and in our Names to lett sell convey and assure such lands in our said County and tract of ground aforesaid to such per- son and persons and for such estate and estates, and with such provisoes conditions and limitations as we by our concessions and agreement under our greate seale bareing date with thes presents to and with the adven- turers of the Island of Barbados and there Assotiates of England New- england the Carribbia Islands and Barmothos are obliged to graunt, and as you shalbe directed by such other instructions and Rules as from time to time you shall receave from us and not otherwayes, thereby rattyfy- ing and confirming whatsoever you shall Lawfully doe pursuant to the Concessions and Agreement and to such instructions rules and directions as aforesaid ; as alsoe to make doe performe and execute all and singuler COLONIAL RECORDS. ;xj act and acts thing and things powers and authorityes whatsoever, which we ourselves may can might or could doe in for concerning or relate- ing unto the Government both civil] and millitary of the said County and tract of ground aforesaid bv virtue of the Letters pattents of Ids most excellent Maj ti0 Charles the Second by the grace of God Kinge of England Scotland France and Ireland defender of the faith bearcing date at Westminster the twenty fourth of March in the Id yeare of his Reigne to be exercised neavertheless according to such I nstructions or with such Limitations restrictions conditions and provisoes as in these presents are hereafter contevned, hereby ratty fying confirmeing and allow- ing all and eavery such act and acts thing and things which our said Governor and our said Councellors in our names shall doe in the prem- ises pursuant to the authority hereby comitted, Provided and it is hereby declared that this present deede or any thing therein conteyned, doth not extend nor shall it be deemed or taken to extend to give up to our said Governor or our said Councellors or either or any of them any power or authority to make any maner of graunt conveyance demise or other like disposition of any lands lyeing within or being parte of the said County and tract of ground aforesaid, but according to our Conces- sions and Instructions and reserve)' ng for every acre English measure which by virtue of this authority we shall graunt to any person or per- sons one halfe penny of Lawfull money of England yearely rent to be paid to us our heirs or Assignes on every 25 day of March according to the English aceompt the first payment whereof to begin on the 25 day of March which shalbe according to the English accompt in the yeare of our Lord God 1(370 provided alsoe that noe order or Lawes made or to be made by virtue of this our Authority shalbe in force as Lawes for any longer tearme then one yeare and a halfe within one yeare of which time they shalbe transmitted and presented to us for our assent which being given they shalbe in eontinewall force till expired by there owne limita- tion or by act repealed to be confirmed as aforesaid Provided alsoe that the executive parte of all the said powers hereby given shalbe made and exercised by you our said Governor by or with the advice and con- sent of the Major parte of our Councell, and if it shall happen that our said Governor or any of our said Councell shall departe or be absent any time from our said County and tract of ground aforesaid unless other provision be by us made that then it shall and may be Lawfull to and for our said Governor and Councell or the Major parte of them resident in our said County and tract of ground aforesaid to nominate elect and appoint any such able person or persons as in there Discretion to them COLONIAL RECORDS. 97 shall seeme most fitt to serve in and supply the place of such of the said persons respectively during there absence from our said County and tract of ground aforesaid Giveing and granting unto him or them soe chosen during the absence of our saaid Governor or Councellors as full large and ample powers as we by these presents to our said Governor or Councillors have given anv thing in this present Comission in any wise to the contrary notwithstanding And also in case of death of any Gover- nor or death or removall of any member of our said Councell from time to time to nominate and elect fitt and able persons in there steads or places respectively which persons so nominated and choasen shall exercise all powers to there said offices respectively belonging till our pleasure be signified to the Contrary. [B. P. R. O. Col: Ent: Book. No. 20. p. 18.] Edward Earle of Clarendon Lord High Chancellor of England, George Duke of Albemarle &e. The trew and absolute Lords Propryators of the Province of Carolina. To our trusty and well beloved Sir John Yeamans Bart: Greeting; Wee doe hereby constitute and appoint you (during our pleasure) Gov- ernor of our County of Clarendon neare Cape Faire and of all that tract of ground which lyeth southerly as farr as the River S* Mathias which bordereth upon the coast of Florida within 31. degrees northerne lati- tude and soe west as farr as the south Seas as alsoe all Islands and Islets Rivers and Seas within the said bounds and our said Province of Caro- lina.. With power to nominate appoynt and take to you 12. able men at most, 6. at least to be of your Councell or assistance or any eaven num- ber between 6. and 12. unless we have before made choyce of or shall chuse all or any of them, And we doe further constitute and appoint you to be our Lieutenant Generali (during our pleasure) of the County and tract of ground above mentioned and of all our forces raysed and to be ravsed within our said County and tract of ground aforesaid for the security of the same and the parts adjasent within our said Province, over which forces you are to place Officers and to cause them to be duely exercised in Armes and to doe all and every other thing or things which unto the Charge and Office of a Lieutenant Generali of our Army belongeth or hath accustomed to 9 98 COLONIAL RECORDS. belonge, as fully and freely as any Lieutenant Generali hath eaver had the same commanding all infearyor officers and soldiers of our said Armyes you to obey as there Lieutenant Generali according to this our Comission and the powers thereby given unto you, and according to the Laws and dissipline of warr, and you vourselfe alsoe are to observe and follow such orders and directions as from time to time you shall receave from us and in all things to governe vourselfe as unto your duty and place of a Lieutenant Generali of an Army and Governor of our said County and tract of ground aforesaid doth appertavne and belonge. Given under our Greate Seale of our said Province this 11 th January An : D : 1664. [B. P. R. O. Col: Ent: Book. No. 20. r. 21.] Cockpitt this 11 th January 1664—5. Gentlemen, We have receaved your letter of the 29 th of August and 8 th of October by Major William Yeamans who hath made knowne your desires touch- ing your settlement and planting in our Province of Carolina, as alsoe his power from you to treate and conclude with us eoncerneing the same iu which we assure you he hath beene very carefull of your advantage and interest and bv his injenuity hath prevayled with us to consent to more, then severall people would have accepted from us, of which we doe noe wayse repent considering your forwardness to setle neare Cape Faire before you had an assurance of any conditions from us, and your resolu- tion to make another setlement to the southward or westward of Cape Romania which we much desire out of respect to the Nations and your Interest which will thereby receave severall advantages which we hope wilbe a motive to press you viggorously forward to that worke, we have done our parte iu order there unto, as will appear by our Concessions or Agreement which your Agent Major William Yeamans on your behalfes, to whome and to our Ingagement under our hands and seale, we refer you, Pleas to be confident that there is nothing that may be fitt for us to graunt more, or to obtayne for you from his Majestie but that we shall doe the one and indeavour to procure the other, as soone as we understand that you have begunn the southermost setlement: wishing you good suc- cess & prosperity iu your undertakings, we rest Your very loveing freinds. COLONIAL RECORDS. 99 [B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 4.] Honerd S ir T understand by M r Drummond and M r Carterett that you and the rest of the Right Honorable the Lords Proprietors of the Province of Carolina have appointed me to be Surveyor for your Countie of Albe- marle Wherein (“Pray be pleased to assure your Lordships”) 1 will en- deavour to serve you faithfully, and to the uttermost of my Power pro- mote your Interest. And though I know it befitts not me to dispute your comands but rather to operate them Cceca Obedientia yet (by your Honors permission) I cannot omit to performe another part of mv dutie (so I am though unworthy) one of the counsell here to give you my opinion concerning some passages in the Instructions your Honore sent us. First for the bounds of the Countie of Albemarle fortie miles square will not comprehend the Inhabitants there already seated. And sixteen hundred square miles may be laid out by riming only on the Verges of the Rivers and Creekes where generally men seat and where (for the most part) the plantable land lies so disadvantagious to vour Honores Inter- est, and the Inhabitants Welfare; that no reasonable line of communica- tion will be able to unite them either for defence or Traffick. So that 1 conceive it will be most comodious to bound this Governmt. On the south side with the North end of Croatan Island Thence west to Morat- tuck, Including all the Branches thereof, Thence North as far as your Patent extends Then East to the Sea; And to prohibit all Persons for some time from seating beyond there bounds as also not yet to seat up Morattuck : Which bounds though they are greater than your Honors Instructions allow for Albemarle countie vet are they not more than will consist well with one Governmt. It being (in my opinion) very incon- venient to erect divers Governments to have Passage through one-an- others Territories or Inletts: as Maryland having no Inlet for shipping but through the Capes of Virginia. May (if any difference shall hap- pen between those two Governments) in a high measure feel the Incon- venience And the Inhabitants of all the streams or rivers within this Government must be supplyed with Commodities from such Vessells as shall arrive through Roanokea Inlett which for ought we can perceive must always be of very small burthen, for although Capt Whittles ves- sell this winter at her coming in found tifteene feete water, yet her going- out she had but eleaven feete and though she drew not eight foote water, struck twice or thrice notwithstanding they had Beatoned the Chanel 1 and went out in the best of it, at full sea; so uneertaine are all those In- ]()() COLONIAL RECORDS. letts. There is another Illicit at \\ ococoek or Wococon which hereafter may serve for an other Government betweene this and Cape Feare, if to yonr Honore it shall seem Convenient. Next the Proportione of Land you have allotted with the Rent, and conditione are by most People not well resented and the very Rumor of them dis-couragcs many who had intentions to have removed from Vir- ginia hetlier : Whilst my Lord Baltamore allowed to every Persons im- ported but fiftie acres; Maryland for many yeares had scarce fiftie fami- lies, though there Rent was rather easier then in Virginia; but when he allotted one hundred Acres for a Person, it soone began to People, and when he found them begin to increase, he brought it to fiftie a head againe So if your Lordships please to give large Incouragement for some time till the country be more fully Peopled, your Honore may contract for the future upon what condition you please But for the Present, To thenke that any men will remove from Virginia upon harder Conditione then they can live there will prove (I feare) a vaine Imagination, It bein Land only that they come for. I shall give you S r Francis Bacons owne words in his Essay of Plan- tation “Planting of Counties is like planting of Woods, for you must make account to loose almost Twenty yeares Profitt and expect your recom- pense in the end: for the Principall thing that hath bin the destruction of most Plantations hath bin the hastee drawing of Profit in the first yeares.” And it is my Opinion, (which I submitt to better Judgements) that it will for some time conduce more to your Lordshipe Profit to permit men to take up what tracts of Land they please at an easie rate, then to stint them to small proportions at a great rent, Provided it be according to the custome of Virginia which is fifty Pole bv the river side, and one mile into the woods for every hundred acres; there being no man that will have any great desire to pay Rent (though but a farthing an acre) for more land than he hopes to game by. Rich men (which Albemarle stands in much need of) may perhaps take up great Tracts; but then they will endeavour to procure Tenants to helpe towards the payment of their Rent, and will at their owne charge build howseing (which poore men cannot compasse) to invite them : Besides to have some men of greater possessions in Land then others, will conduce more to the well being and good Governement of the Place than any Levelling Paritie To reduce Planters into Townes, is here almost impossible; when the country is Peopled and conferee increased it mav more easily be effected, by appoynt- ing Ports and Marketts whether not only Merchants but all Tradesmen and COLONIAL RECORDS. 101 Artificers will resort for habitation, and in short time lay the foundation to superstructures of Townes and Citties; Alwayes Provided there be a course taken for procuring a coine with out which no Towne nor Markitt can well subsist : And this can no way be effected but by the ballance of Trade; And therefore I doe most highly applaude your Lordshipe de- signe of making Wine in this Country: for I am confident that if the value of the drinke only within Twenty yeares past brought into Vir- ginia had been Imported in Silver; Virginia would have had more money for the number of her English Inhabitants then most if not the most opulent countrys have in Europe. But S r I begin now to go be- yond my last If my zealc to this Place (which I have many years endeav- oured and encouraged to seate) transports me to this kind of building Castles in the Aire, I hope your Goodnesse will be pleased to excuse me since I perceive there are some well willers to this Place in England doe the like: I shall therefore conclude with this humble request that you will be pleased to entertain thes Truth for a Maxim Those that live upon a Place are best able to Judge of that Place Therefore the Petition of the Generali Assemblie that was here convened will diserve your Honors serious consideration; of which with theire other proceedings likewise, I doubt not but our Noble Governor will give you a true Aocompt, he being bv the Assembly therewith intrusted And if in any thing (besides the Publique) 1 can serve your Perticular Inter- est Command Si r Your most faithfull and most humble servant THO: WOODWARD I make no question but M r Carteret our Secretary will answer all your expectations for I assure you he is Diligent ; and the Spanish Proverb tells us. Que la buena Diligencia, e,s* la Madce ile la Buena Ventura. Albemarle Counties June 2 nd 16(35. (Endorsed) To the Honorable SIR JOHN COLLATON neere St Jameses London these present T WOODWARD to SIR JOHN COLLETON 2" 4 June 65 102 COLONIAL RECORDS. [Reprinted from Revised Statutes of North Carolina, Vol. II, Page Lj THE SECOND CHARTER GRANTED BY KING CHARLES THE SECOND, TO THE PROPRIETORS OF CARO- LINA, DATED THE THIRTIETH DAY OF JUNE, IN THE SEVENTEENTH YEAR OF HIS REIGN, A. D., 1665. Chari.es the second, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, Ac. Whereas, by our let- ters patent, bearing date the twentyfourtli day of March, in the fifteenth year of our reign, we were graciously pleased to grant unto our right trusty and right well-beloved cousin and counsellor Edward Earl of Clarendon, our high chancellor of England; our right trusty and entirely beloved cousin and counsellor George Duke of Albemarle, master of our horse; our right trusty and well-beloved William now Earl of Craven; our right trusty and well-beloved counsellor John Lord Berkeley; our right trusty and well-beloved counsellor Anthony Lord Ashley, chancellor of our exchequer; our right trusty and well-beloved counsellor Sir George Car- teret, knight and baronet, vice-chancellor of our household ; our right trusty and well-beloved Sir John Colleton, knight and baronet; and Sir William Berkeley, knight; all that province, territory, or tract of ground, called Carolina, situate, lying and being within our dominions of Amer- ica ; extending from the north end of the island called Luke Island, which lieth in the southern Virginia seas, and within thirtysix degrees of north latitude; and to the west, as far as the south seas; and so respect- ively as far as the river of Matthias, which bordereth upon the coast of Florida, and within thirtyone degrees of northern latitude; and so west, in a direct line, as far as the south seas aforesaid. Now know ye, That we, at the humble request of the said grantees, in the aforesaid letters patent named, and as a further mark of our especial favour to them, we are graciously pleased to enlarge our said grant unto them, according to the bounds and limits hereafter specified, and in favour to the pious and noble purpose of the said Edward Earl of Clar- endon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, .Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, all that province, ter- ritory or tract of land, situate, lying and being within our dominions of America aforesaid ; extending north and eastward, as far as the north end COLONIAL RECORDS. 103 of Currituck river or inlet, upon a strait westerly line to Wyonoak creek, which lies within or about the degrees of thirtysix and thirty minutes, northern latitude; and so west, in a direct line, as far as the south seas; and south and westward, as far as the degrees of twentynine, inclusive, of northern latitude; and so west, in a direct line, as far as the south seas; together with all and singular the ports, harbours, bays, rivers and inlets, belonging unto the province or territory aforesaid ; and also, all the soils, lands, fields, woods, mountains, terms, lakes, rivers, bays and islets, situate or being within the bounds or limits last before mentioned ; with the fishings of all soils of fish, whales, sturgeons, and all other royal fish in the sea, bays, islets and rivers, within the premises, and the fish, therein taken, together with the royalty of the sea upon the coast within the limits aforesaid ; and moreover all veins, mines and quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, metal, or any other thing, found, or to be found, within the province, territory, islets and limits aforesaid; and furthermore, the patronage and advowsons of all the churches and chapels, which, as Christian religion shall increase within the province, territory, isles and limits aforesaid, shall happen hereafter to he erected ; together with license and power to build and found churches, chapels and oratories, in convenient and fit places, within the said bounds and limits; and to cause them to be dedi- cated and consecrated, according to the ecclesiastical laws of our kingdom of England; together will all and singular the like and ns ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and franchises of what kind soever, within the territory, isles, islets and lim- its aforesaid: to have, hold, use, exercise, and enjoy t he same, as amply, fully and in as ample manner, as any Bishop of Durham, in our king- dom of England, ever heretofore had, held, used, or enjoyed, or of right ought or could have, use, or enjoy : and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, we do, by these presents, for us, our heirs and successors, make, create, and consti- tute, the true and absolute lords and proprietors of the said province or territory, and of all other the premises; saving always the faith, allegi- anee, and sovereign dominion, due to us, our heirs and successors, for the same; to hold, possess, and enjoy the said province, territory, islets, and all and singular other the premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony- Lord Ashley, Sir George Carteret, Sir John 104 COLONIAL RECORDS. Colleton, and Sir William Berkeley, their heirs and assigns forever; to be liolden of ns, our heirs and succsssors, as of our manor of East Green- wich, in Kent, in free and common socage, and not in capite, or by knight’s service: yielding and paying, yearly, to us, our heirs and suc- cessors, for the same, the fourth part of all gold and silver ore, which, within the limits hereby granted, shall, from time to time, happen to be found, over and besides the yearly rent of twenty marks, and the fourth paid of the gold and silver ore, in and by the said written letters patent reserved and payable. And that the province or territory hereby granted and described, may be dignified with as large tythes and privileges, as any other parts of our dominions and territories in that region: Know ye, That we, of our fur- ther grace, certain knowledge, and mere motion, have thought fit to annex the same tract of ground or territory unto the same province of Carolina; and out of the fulness of our royal power and prerogative, we do, for us, our heirs and successors, annex and unite the same to the said province of Carolina. And forasmuch as we have made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, the true lords and proprietors of all the province or territory aforesaid; Know ye therefore moreover, That we, reposing especial trust and confi- dence in their fidelity, wisdom, justice, and provident circumspection, for us, our heirs and successors, do grant full and absolute power, by virtue of these presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, for the good and happy gov- ernment of the said whole province or territory, full power and authority, to erect, constitute, and make several counties, baronies, and colonies, of and within the said provinces, territories, lands, and hereditaments, in and by the said letters patent, granted, or mentioned to be granted, as aforesaid, with several and distinct jurisdictions, powers, liberties, and privileges: and also, to ordain, make, and enact, and under their seals, to publish any laws and constitutions whatsoever, either appertaining to the public state of the whole province or territory, or of any distinct or par- ticular county, barony, or colony, or of or within the same, or to the private utility of particular persons, acccording to their best directions, by and with the advice, assent and approbation, of the freemen of the COLONIAL RECORDS. 105 said province or territory, or of the freemen of the county, barony, or colony, for which such law or constitution shall be made, or the greater part of them, or of their delegates or deputies, whom, for enacting of the said laws, when, and as often as need shall require, we will, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs or assigns, shall, from time to time, assemble in such manner and form as to them shall seem best; and the same laws duly to execute, upon all people within the said province or territory, county, barony, or colony, or the limits thereof, for the time being, which shall be constituted, under the power and government of them or any of them, either sailing towards the said province, or territory of Carolina, or returning from thence to- wards England, or any other of our or foreign dominions, by imposition of penalties, imprisonment, or any other punishment ; yea, if it shall be needful, and the quality of the offence require it, bv taking away member and life, either by them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs or by them, or their deputies, lieuten- ants, judges, justices, magistrates, or officers, whatsoever, as well within the said province, as at sea, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs, shall seem most convenient: and also, to remit, release, pardon, and abol- ish, whether before judgment or after, all crimes and offences whatsoever against the said laws; and to do all and every thing and things, which, unto the complete establishment of justice, unto courts, sessions, and forms of judicature, and manners of proceeding therein, do belong, although in these presents express mention is not made thereof; and by judges to him or them delegated, to award process, hold pleas, and determine, in all the said courts and places of judicature, all actions, suits, and causes whatso- ever, as well criminal as civil, real, rnixt, personal, or of any other kind or nature whatsoever: which laws so as aforesaid to lie published, our pleasure is, and we do enjoin, require, and command, shall be absolutely firm and available in law; and that all the liege people of us, our heirs and successors, within the said province or territory, do observe and keep the same inviolably in those parts, so far a" they concern them, under the pains and penalties therein expressed, or to be expressed : Provided mer- it) COLONIAL RECORDS. 106 ertheletw , That the said laws be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our realm of England. And because such assemblies of freeholders cannot be so suddenly called as there may be occasion to require the same, we do therefore, by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, W illiam Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir W illiam Berkeley, their heirs and assigns, by themselves, or their magistrates, in that behalf lawfully authorised, full power and authority, from time to time, to make and ordain fit and wholesome orders and ordinances within the province or territory aforesaid, or any county, barony, or province, within the same, to be kept and observed, as well for the keeping of the peace, as for the better government of the people there abiding, and to publish the same to all whom it may concern : which ordinances we do, by these presents, straitlv charge and command to be inviolably observed within the same province, counties, territories, baronies and provinces, under the penalties therein expressed ; so as such ordinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of Eng- land; and so as the same ordinances do not extend to the binding, charg- ing, or taking away the right or interest of any person or persons, in their freehold, goods, or chattels, whatsoever. And to the end the said province or territory may be the more happily increased, by the multitude of people resorting thither, and may likewise be the more strongly defended from the incursions of savages, and other enemies, pirates and robbers ; therefore, we, for us, our heirs and succes- sors, do give and grant, by these presents, full power, license and liberty, unto all the liege people of us, our heirs and successors, in our kingdom of England, and elsewhere, within any other our dominions, islands, colonies, or plantations, (excepting those who shall be especially forbidden) to trans- port themselves and families into the said province or territory, with convenient shipping and fitting provision ; and there to settle themselves, dwell, and inhabit: any law, act, statute, ordinance, or other thing, to the contrary, notwithstanding. And we will also, and of our especial grace, for us, our heirs and suc- cessors, do straitly enjoin, ordain, constitute, and command, that the said province and territory shall be of our allegiance ; and that all and sing- ular the subjects and liege people of us, our heirs and successors, trans- ported or to be transported into the said province, and the children of COLONIAL RECORDS. 107 them, and such as shall descend from them there born, or hereafter to be born, be, and shall be denizens and lieges of us, our heirs and successors, of this our kingdom of England, and be in all things, held, treated and reputed, as the liege, faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions; and may inherit or otherwise purchase and receive, take, hold, buy and possess, any lands, tenements, or hereditaments, within the said places, and them may occupy and enjoy, sell, alien, and bequeath; as likewise, all liberties, franchises, and privileges, of this our kingdom, and of other our domin- ions aforesaid, may freely and quietly have, possess, and enjoy, as our liege people, born within the same, without the molestation, vexation, trouble, or grievance, of us, our heirs and successors: anv act, statute, ordinance, or provision, to the contrary notwithstanding. And furthermore, that our subjects of this our said kingdom of Eng- land, and other our dominions, may be the rather encouraged to under- take this expedition, with ready and cheerful means; Know ve, that we of our especial grace, certain knowledge, and mere motion, do give and grant, bv virtue of these presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs, as unto all others as shall, from time to time, repair unto the said province or territory, with a purpose to inhabit there, or to trade with the natives thereof; full liberty and license, to lade and freight, in every port whatsoever, of us, our heirs and successors, and into the said province of Carolina, by them, their servants^ and assigns, to transport all and singular their goods, wares and merchandises; as likewise all sorts of grain whatsoever, and any other thing whatsoever, necessary for their food and clothing, not prohibited by the laws and statutes of our kingdom and dominions, to be carried out of the same, without any let or molestation of us, our heirs and successors, or of any other our officers or ministers whatsoever; saving also unto us, our heirs and successors, the customs, and other duties and payments, due for the said wares and merchandises, according to the several rates of the places from whence the same shall be trans- ported. We will also, and by these presents, for us, our heirs and successors, do give and grant license by this our charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir Ceorge Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, 108 COLONIAL RECORDS. and to all the inhabitants and dwellers hi tlie pro\ ince or territory afore- said, both present and to come, full power and absolute authority, to im- port or unlade, by themselves or their servants, factors, or assigns, all merchandises and goods whatsoever that shall arise of the fruits and com- modities of the said province or territory, either by land or sea, into any (lie ports of us, our heirs and successors, in our kingdom of England, Scotland, or Ireland, or otherwise to dispose of the said goods in the said ports; and, if need be, within one year next after the unlading, to lade the said merchandises and goods again into the same or other ships; and to export the same into any other countries, either of our dominions or foreign, being in amity with us, our heirs and successors, so as they pay such customs, subsidies and other duties, for the same, to us, our heirs and successors, as the rest of our subjects of this our kingdom, for the time being, shall be bound to pay; beyond which, we will not, that the inhabitants of the said province or territory shall be any ways charged : Provided, nevertheless, and our will and pleasure is, and we have further, for the considerations aforesaid, of our especial grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full and free license, power and authority, at any time or times, from and after the feast of St. Michael the Archangel, which shall be in the year of our Lord Christ one thousand six hundred and sixty-seven, as well to im- port and bring into any of our dominions, from the said province of Carolina, or any part thereof, the several goods hereinafter mentioned ; that is to say, silks, wines, raisins, capers, wax, almonds, oil, olives, with- out paying or answering to us, our heirs and successors, any custom, im- post, or other duty, for or in respect thereof, for and during the term and space of seven years, to commence and be accounted from and after the importation of four tons of any of the said goods, in anyone bottom, ship or vessel, from the said province or territory, into any of our do- minions ; as also, to export and carry out of any of our dominions, into the said province or territory, custom free, all sorts of tools which shall be useful or necessary for the planters there, in the accommodation and im- provement of the premises: any thing before in these presents contained, or any law, act, statute, prohibition, or other matter or thing, heretofore had, made, enacted, or provided, in any wise notwithstanding. COLONIAL RECORDS. 109 And furthermore, of our more ample and especial grace, certain knowl- edge, and mere motion, we do, for us, our heirs and successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full and absolute power and authority, to make, erect, and consti- tute, within the said province or territory, and the isles and islets afore- said, such and so many sea-ports, harbors, creeks, and other places, for discharge and unlading of goods and merchandises, out of ships, boats and other vessels, and for lading of them, in such and so many places, with such jurisdictions, and privileges and franchises, unto the said ports be- longing, as to them shall seem most expedient, and that all and singular the ships, boats and other vessels, which shall come for merchandises and trade into the said province or territory, or shall depart out of the same, shall be ladfen and unladen at such ports only as shall be erected and con- stituted by the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, their heirs and assigns, and not elsewhere: any use, custom, or thing, to the contrary notwithstanding. And we do further will, appoint, and ordain, and by these presents, for us, our heirs, and successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, that they the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, may, from time to time, forever, have and enjoy the customs and subsidies, in the ports, harbors, creeks, and other places within the province aforesaid, payable for the goods, wares and merchandises there laded, or to be laded or unladed; the said customs to be reasonably assessed, upon any occasion, by themselves, and by and with the consent of the free people, or the greater part of them, as aforesaid; to whom we give power, bv these presents, for us, our heirs and successors, upon just cause, and in due proportion, to assess and impose the same. And further, of our especial grace, certain knowledge, and mere motion, we have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, no COLONIAL RECORDS. John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full and absolute power, license and authority, that they, the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir W illiam Berkeley, their heirs and assigns, from time to time hereafter, forever, at his and their will and pleasure, may assign, alien, grant, demise, or enfeoff, the premises, or any part or parcel thereof, to him or them that shall be willing to purchase the same, and to such person and persons as they shall think fit; to have and to hold to them, the said person or persons, their heirs and assigns, in fee simple, or in fee-tail, or for term of life or lives, or years; to be held of them the said Edward Earl of Clarendon, George Duke of Albemarle, W il- liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, by such rents, services and customs as shall seem fit to them the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and not of us our heirs and successors: and to the same person and persons, and to all and every of them, we do give and grant, bv these presents, for us, our heirs and successors, license, authority and power, that such person or persons may have and take the premises, or any part thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple, or fee-tail or otherwise, as to them the said Edward Earl of Clarendon, George Duke of Albemarle, W illiam Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, shall seem expedient; the statute in the parliament of Edward, son of King Henry, heretofore King of England, our predecessor, commonly called the statute of quia emptores term rum, or any other statute, act, ordinance, use, law, custom, or any other matter, cause or thing, heretofore published or provided to the contrary, in anv-wise notwithstanding. And because many persons, born and inhabiting in the said province, for their deserts anti services, may expect and be capable of marks of honor and favor, which, in respect of the great distance, cannot be con- COLONIAL RECORDS. Ill veniently conferred by us; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward Earl of Claren- don, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, full power and authority, to give and confer unto and upon such of the inhabitants of the said province or territory, as they shall think do or shall merit the same, such marks of favor and titles of honor, as they shall think fit; so as their titles or honors be not the same as are enjoyed by or conferred upon any of the subjects of this our kingdom of England. And further also, we do, by these presents, for us, our heirs, and suc- cessors, give and grant license to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, full power, liberty and license, to erect, raise and build, within the said province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, boroughs, towns, villages, and other fortifications whatso- ever; and the same, or any of them, to fortify and furnish with ordnance, powder, shot, armour, and all other weapons, ammuni- tion, and habiliments of war, both defensive and offensive, as shall be thought fit and convenient, for the safety and welfare of the said province and places or any part thereof; and the same or any of them, from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down: and also to place, constitute and appoint, in or over all or any of the said castles, forts, fortifications, cities, towns, and places aforesaid, governors, deputy-governors, magis- trates, sheriffs, and other officers, civil and military, as to them shall seem meet; and to the said cities, boroughs, towns, villages, or any other place or places, within the said province or territory, to grant letters or charters of incorporation, with all liberties, franchises, and privileges, requisite or usual, or to or within this our kingdom of England granted or belong- ing; and in the same cities, boroughs, towns, and other places, to consti- tute, erect and appoint such and so many markets, marts, and fairs, as shall, in that behalf, be thought fit and necessary : and further also, to erect and make in the province or territory aforesaid, or any part thereof, so many manors, with such seignories as to them shall seem meet and convenient ; and in every of the same manors to have and to hold a court- baron, with all things whatsoever which to a court-baron do belong, and to have and to hold views of frank-pledge and court-leets, for the conser- 112 COLONIAL RECORDS. vationof the peace and better government of those parts, with such limits, jurisdictions and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their heirs shall be appointed for that purpose, with all things whatsoever which to a court-leet, or view of frank-pledge, do belong; the* same courts to be holden by stewards, to be deputed and authorised by the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, or their heirs, by the lords of’ the manors and leets, for the; time be- ing, when the same shall be erected. And because that in so remote a country, and situate among so many barbarous nations, the invasions of savages and other enemies, pirates and robbers, may probably be feared ; therefore, we have given, and for us, our heirs and successors, do give power by these presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Car- teret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, by themselves, or their captains, or other officers, to levy, muster and train up all sorts of men, of what condition soever, or wheresoever born, whether in the said province, or elsewhere, for the time being; and to make war, and pursue the enemies aforesaid, as well by sea, as by land ; yea, even without the limits of the said province, and, by God’s assistance, to van- quish and take them ; and being taken, to put them to death, by the law of war, and to save them at their pleasure, and to do all and every other thing, which to the charge and office of a captain-general of an army, hath had the same. Also, our will and pleasure is, and by this our charter, we do give and grant unto the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, their heirs and assigns, full power, liberty and authority, in case of rebellion, tumult, or sedition (if any should happen, which God forbid) either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, bv him and them- selves, their captains, deputies, or officers, to be authorised under his or their seals, for that purpose; to whom also, for us, our heirs and succes- sors, we do give and grant, by these presents, fidl power and authority, to exercise martial law against any mutinous and seditious persons of these COLONIAL RECORDS. 11 .'} parts; such as shall refuse to submit themselves to their government, or shall refuse to serve in the war, or shall fly to the enemy, or forsake their colors or ensigns, or be loiterers, or stragglers, or otherwise offending against law, custom, or military discipline; as freely and in as ample manner and form, as any captain-general of an army, by virtue of his office, might or hath accustomed to use the same. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and to the tenants and in- habitants of the said province or territory, both present and to come, and to every of them, that the said province or territory, and the tenants and inhabitants thereof, shall not, from henceforth, be held or reputed any member or part of any colony whatsoever in America, or else- where now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their government in any thing, but be absolutely separated and divided from the same ; and our pleasure is, by these presents, that they be separated, and that they be subject immediately to our crown of England, as de- pending thereof, forever: and that tin 1 inhabitants of the said province or territory, nor any of them, shall, at any time hereafter, be compelled, or compellable, or be any ways subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever, out of the province or terri- tory aforesaid, in any other of our islands, colonies, or dominions in America, or elsewhere, other than in our realm of England, and do- minions of Wales. And because it may happen that some of the people and inhabitants of the said province cannot, in their private opinions, conform to the public exercise of religion, according to the liturgy, forms and ceremo- nies of the church of England, or take and subscribe the oaths and arti- cles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and conformity established in this nation ; our will and pleas- ure therefore is, ami we do, by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full and free license, lib- ,erty and authority, bv such ways and means as they shall think fit, to 11 114 COLONIAL RECORDS. give and grant unto such person and persons, inhabiting and being within the said province or territory, hereby, or by the said recited letters patent mentioned to be granted as aforesaid, or any part thereof, such indul- gences and dispensations, in that behalf, for and during such time and times, and with such limitations and restrictions, as they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, shall, in their discretion, think fit and reasonable: and that no person or persons unto whom such liberty shall be given, shall be any way molested, punished, disquieted, or called in question, for any differences in opinion, or practice in matters of religious concernments, who do not actually disturb the civil peace of the province, county or colony, that they shall make their abode in : but all and every such person and persons may, from time to time, and at all times, freely and quietly have and enjoy his and their judgments and consciences, in matters of religion, throughout all the said province or colony, they behaving themselves peaceably, and not using this liberty to licentiousness, nor to the civil injury, or outward disturbance of others; any law, statute or clause, contained or to be con- tained, usage or custom of our realm of England, to the contrary hereof, in any wise notwithstanding. And in case it shall happen, that any doubts or questions shall arise, concerning the true sense and understanding of any word, clause, or sen- tence contained in this our present charter; we will, ordain and command, that in all times, and in all things, such interpretations be made thereof, and allowed in all and every of our courts whatsoever, as lawfully may be adjudged most advantageous and favorable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, although express mention, &c. Witness ourself, at Westminster, the thirtieth day of June, in the seventeenth year of our reign. PER IPSUM REGEM. COLONIAL RECORDS. 115 [B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 5.] ACC 0 Oft’ Fees in passing v e Charter and Duplicate of Carolina vi/.t For the Kings war nt and Secretary taking noe fee 1.02.06 For M r Attorny Gen rU and his Clark’s fees for drawing and Engroseing the Bill 17.17.06 For the Kings signeing the Bill and the Secretary takeing noe fee 1 .02.06 For the fees of the Signett and the privy Seale £8 each 16.00.00 For fees to the M r of the Pattent Office and for Vellum Ruleing painting and Ingraveing the Pattent for the Broad Seale and to the Clarks 25.05.00 For Ld Chancellor pursebearer and his Clarke 1.09.00 For Ld Chancellors servant 2.00.00 For Fees of the Hannap r Office 24.00.00 For Fees of the duplicate of the Pattent office and for the vellum and engraveing it and to the Clarkes 15.00.00 For Fees at the Hannaper Office 2.15.00 106.11.06 Fees pd in passing the last Pattent for Carolina July 1665 For the Kings war"*: and signeing the Bill the Secretary take- ing noe fee 4.00.00 For M r Attorney gen 1 ' 11 : and his Clarks fees for drawing and Engroseing the bill &c 11.05.00 For fees pd at the Signett Office and the Privie seale 17.06.08 For the Ld Chancellor pursebearer and Clarkes 1.04.00 For the Master of the Pattent Office for Vellum ruleing &c Ingroseing the Pattent and to the Clarks 16.15.06 For fees at the Hana pr Office at Treitnam 20.07.08 For expenses there in attending the great Seale 0.03.06 71.02.04 (Endorsed.) Paid M r Attorney Generali Ac 21:02:6 COLONIAL RECORDS. 11G [B. P. R. 0. Colonial Papers. Vol. 19. No. 101.] COMMISSION FOR GOV r OF BARBADOES. i ? ABT. AUGUST 1GG5. Charles Aca. To Our Trusty & Wellbeloved Henry Willoughby, William Wil- loughby Esq” A to Sir John Teamans Bart, Greeting Whereas wee were graciously pleased bv Our Letters Patents A coinis- sion under our Great Seale of England beareing date the 12 th day of June in the 15 th yeare of our Reigne to constitute and appoint our right Trusty and welbeloved Francis Lord Willoughby of Parham our Captaine Gen- erali and Commander in chiefe in A over all A every our Islands Colo- nyes A Plantations in America commonly called the Barbadoes A the rest of the Carribbee Islands and of all other our Islands Colonyes A Plantations lying between the degrees of Ten A Twenty North latitude A extending from the islands of St. John and Porto rico easterly to three hundred twenty A seaven degrees with severall powers priviledges au- thorityes A prehemineneies therein specified A contained to have hold ex- ercise and enjoy to him the said Lord Willoughby from the feast of the birth of our Lord then last past for and dureing the space of seaven yeares next ensuing to be fully completed if the said Lord Willoughby should soe long live. Now know yee That Wee reposing especiall trust and confidence in the fidelity, courage prudence and good conduct of yen the said Henry Willoughby S r John Yeamans and .... have constituted A appointed A by these presents doe constitute A ap- point you the said Henry Willoughby Sir John Yeamans and . . and in the absence of you the said Henry Willoughby then you the said William Willoughby and you the said Sir John Yeamans A . our Governor in chiefe in and over all our Islands Colonyes A Plantations aforesaid in the absence of him the said Lord Willoughby and noe longer with all and singular the powers authorities priviledges A prehemineneies by our said letters patents and Commission to the said Lord Willoughby granted or intended to be granted in as full and ample manner to all intents A purposes as he the said Lord Wil- loughby did or ought to have hold exercise A enjoy the same to have hold exercise A enjoy to them the said Henry Willoughby William Wil- loughby A Sir John Yeamans in manner A forme aforesaid for A dure- ing Our pleasure. Given Aca. COLONIAL RECORDS. 117 1666. [B. P. R. O. Colonial Entry Bk. No. 53. p. 113.] AN ACT FOR ENCOURAGEMENT OF TRADE. For as much as Tobacco is the only commodity by which this Province doth at present subsist which by the unlimited freedome of all persons to plant what quantity’s and at what tyme they please hath glutted all mar- ketts for divers yeares last past & for that reason is come to that low rate that were the times peaceable & trade open itt would not purchase neees- sarys for the planters & forasmuch as vast quantity’s all ready made must needs ly upon the planters hand & perish upon his acc 1 if wee still con- tinue to plant tobacco as formerly for remedy whereof Be it enacted by Rt. Hon. the Lord Proprietor by & with the consent of the Upper and Lower House of this present Generali Assembly that from and after the first day of February which shall be in this present yeare 1(36(5 [7] till the first of February which shall be in the yeare of our Lord one thousand six hundred and sixty sea veil noe tobacco shall be sowen sett planted or any way tended within this Province of Maryland Provided that the Hon ble Sir William Berkeley and the Assembly of Virginia and Win. Drummond Governor of the Southward Plantations & the Assembly there doe make the like Acts in there several 1 & respective Assemblves pro- hibiting the sowing setting planting or tending any tobacco in any place within their severall & respective jurisdictions for the said yeare vizt from the first of February 1666 till the first of February 1667 And for the better & surer exeeucon of this Act and obtevn- ing the desired end viz* the encouragement of Merchants to trade with us for our necessary apparell Bee it further enacted by the authority and with the assent aforesaid that the IIon bl ° Philip Calvert Esq” Henry Courson Esq r Col. Nathaniel Uty M r Tho. Notley M r Rob- ert Sly and Major Thomas Brooke or any three or more of them be sent Comm” from the Governor sufficiently empowered to t reate and conclude with the Hon ble Sir William Berkeley and the Assembly in Virginia or with Comm” by the said Sir Wm. Berkeley and the Assembly aforesaid sufficiently from them to be empowered and with the said William Drum- mond Esq” or Comm” from him & the Assembly of the Colony under his Governf sufficiently as aforesaid to be empowered upon a totall ces- sation from sowing setting planting or tending Tobacco in their three Colonies as aforesaid and of the meanes to see the said Treaty and Con- clusion for a cessation put into full and certaine exeeucon. 118 COLONIA L RECORDS. And he itt further Enacted by the authority and assent aforesaid that whatsoever the said Philip Calvert Henry Coursey Nathaniell Utye Thomas Notley Robert Sly and Thos. Brooke or any three or more of them shall agree upon with the Commissioners to he impowered by the Hon bIe Sir Win. Berkeley W in. Drummond Esq” & the respective Assemblyes tending only to the effectual execution of the cessation from planting tobacco in the yeare aforesaid shall oblige all persons in this Province as fully as if the same had been part ion lerly distinctly and clearly in express words conteyned in this Act. Mem. The lawes above written past under the Great Seale of this Province the fourteenth day of June 1666. PHILIP CALVERT Chantf [of Maryland.] [B. P. R. O. Shaftesbury Papers. Bdle 48. No. 7.] THE PORT ROYAL DISCOVERY BEING THE RELATION OF A VOYAGE ON THE COAST OF THE PROVINCE OF CAROLINA FORMERLY CALLED FLORIDA IN THE CONTINENT OF THE NORTHERNE AMERICA FROM CHARLES RIVER NEERE CAPE FEARE IN THE COUNTY OF CLA- RENDON AND THE LAT. OF 34 DEG. TO PORT ROYAL IN THE LAT. OF 32. D. BEGUN 14 th JUNE 1666. PERFORMED BY ROBERT SANFORD ESQ r SECRETARY AND CHIEF REG- ISTER OF THE RIGHT HON ble THE LORDS PROPRIETORS OF THEIR COUNTY OF CLARENDON IN THE PROVINCE A FORES 1 * &C. Fung or Officii s. Anno Domini 1666. To Right Hon bIe Edward Earle of Clarendon Lord High Chancellor of England George Duke of Albemarle Capt. Generali of all His Ma t,es Forces in the Kingdome of England, Scotland and Ireland and Master COLONIAL RECORDS. 119 of the Horse Wm. Lord Craven John Lord Berkley Anthony Lord Ashley Chancellor of the Exchequer Sir George Carteret Vice Chamber- laine of his Ma t,es Household Sir Wm. Berkeley Knt and Sir John Col- leton Knt & Baronet the true and absolute Lords Proprietors of all the Province of Carolina Right Hon hle It is not presumption but duty which presents this Narrative howso- ever rude & imperfect to soe illustrious I had rather say a Constellacon than a Corporacon The matter related was performed under vour auspices in your Country and by your Servant. It measures to you my Lords (as his foot did Hercules) the greatnes of yo r Sovereigns Giuft and to the world the greatnes of your trust and favour with him It shewes you in prospective how lastinge a renowne you may adde to your already most glorious names how boundles a grandeur to your longest posterity None indeede but God and the Kinge can move your hearts to doe theis great things for yourselves and nation Yet that such a nation be effected may and shall bee the prayers of Right Hon ble with all submission readines & fidelity Yo r Lord pps servant ROB. SANDFORD. THE PORT ROY' ALL DISCOVERY. The Right Hono ble the Lords Proprietors of the Province of Carolina in prosecution of his sacred Ma" es pious intentions of planting and civil- liziug there his domin'’ and people of the Northerne America, w 0l> Neigh- bour Southward on Virginia (by some called Florida (found out and dis- covered bv S r Sebastian Cabott in the yea re 1497 at the charges of 11:7: King of England co.) Constituted S r John Yeamans Baronet their L‘ Generali with ample powers for placing a Colony in some of the Rivers to the Southward and Westward of Cape S‘ Romania who departing from the Island Barbadoes in Octob: 1665 in a Fly boate of about 150 Tonns accompani ed by a small Friggatt of his owne and a Sloope pur- chased by a Comon purse for the service of the Colonyes after they had been seperated by a great storme att Sea (wherein the Friggatt lost all her Masts and himselfe had like to have foundred and were all brought together againe in the beginning of November to an Anchor before the mouth of Charles River neere Cape Feare in the County of Clarendon, part of the same Province newly begun n to be peopled and within the 120 COLONIAL RECORDS. L l Gen 11 " Comission They were after hlowne from their Anchors by a snddaine violent Gust, the Fly boate S r John was in narrowly eseapeing the dangerous shoales of the Cape. But this proved but a short differ- ence in their Fate, for returning with a favourable winde to a second viewe of the entrance into Charles River but destituted of all pilates (save their owne eyes (which the flattering Gale that conducted them did alsoe delude by covering the rough visage of their objected dangers with a thieke vaile of smoth waters) they stranded their vessell on the middle ground of the harbours mouth to the Westward of the Channell where the Ebbe presently left her and the wind with its owne multeplyed forces and the auxiliarves of the tide of flood beate her to peeces. The persons were all saved by the neighborhood of the shore but the greatest part of their provision of victualls clothes le. 48. No. ti.] Right Hon ble It is now a considerable time since I had the the hone® 1 to treate with a Committe of your Lord’ rs chosen from among yo r selves conseniing the setling of a Colony at Cape Feare, and although there was no absolute accord and fineall agrem* yet severall eonsessions were then offered by the .A Committee, and by me dispatched to the Barbados to the Adventurer- there who did intrust me, who imediatelv retorned aswer that they would accept them and accordingly gave me power to conclude with your Hon®". But in the Interim comes one M r now S ir Jn° Yeamens and by his sonne offers other and contrary Articles to w* the Adventurers did desire and made such spetious pretences that vour Hon ers made an abso- lute agreemt with him and refused to confirme those concessions formerly offered me, though I then foresaw and also tould your Hon" there was no likelihood he should performe his covenant notwithstanding he had entred into a penal 1 bond of 1 0004; to accomplish it. Now may it please COLONIAL RECORDS. 14 .) your Hon” it is so fallenout as J foretould that no matereall part of the sd covenant is performed but on the contrary the Adventurers and pres- ent planters highly dissatisfied that they should not have those conces- sions at least which were tend red and uppon which they went, confirmed unto them they thought those concessions hard enough, but those other Intolerable, Wherefore what I humbly request is that I may have the Hon r of one speedy Conference more with as many of you Lord* 1 * as may be. that I may put a fineall end to my negotiation and 1 cannot but hope for a good one since I am resolved to propound nothing but what shall be as well for your Hon” Interest as that of the Colony The reason why I humbly desire this meeting may be so speedy, is, because many in Eng- land New England Barbados yea and those that are actually uppon the place do wait for the Isue of this my last address which if good I do promise with Gods leave, and your Hon” favour to set fourth a good ship with men and provisions imediately for Cape Feare and and also manefest to your Hon” the likelyhood of severall other ships to follow in the Spring- but it is high time that those that go this yeare shall be making ready : if the sucess of this my last addresse shold be unsuccessful! (which God forbid) all those that have intrusted me though they may have begun a plantation and some are actually uppon the place, have advised me that they will draw of and quite give over the designe. And then it will be seen whether they be the Major pte yea or no: But 1 feare not but if I have but time and opportunity 1 shall manefest the Necessity of graunt- ing those things I. shall humbly offer in order to the estableshing a Col- ony that may thrive and prosper under your Hon” governnf which that it may do under your Hon r and your successor from Generation to Gen- eration is the prayer of R‘ Hon blc Yo r Hon” faithfull and most obedient Aug 15 th 1666. servant HEN : V ASS ALL sole agent for the Adventurers and planters of Cape Feare 15 COLONIAL RECORDS. 146 [B. P. R. O. Shaftesbury Papers. Bulk 48. No. 81. ) *Right Honourable, The Gent chosen for an Assembly for the County of Clarendon in Carolina, upon a view and consideration had of your Honours Charters and Concessions to the said County did supplicate for a Redress cheafelv in three things, as togrevious to he required of them. 1. The halfe penny ^ acre for all Lande 2. The undecemall way of division of there lande 3. The Injuntion on penaltye of forfiture of keeping one man on every hundred Acres. They added these Reasons, viz. 1. To the first that in all their land where or howsoever taken up theire are of these three sortes viz. Pine Swamp and Marsh which make up much the greater part of theire proportions and are yet so wholy unprofit- able that to pay a halfe penny per acre for them is more then there val- lew wherefore they did signifie there Redresse, that those landes, what proportion soever they beare to the good Oake Land should bee accounted to them as soe many Acres but not as to pave the said Rent by those acres; they were rather willing to pave a greater Rent for what acres of Oake land they should possess soe as they might bee excused the paying rent for the Rest and did propose it as an Expedient to pave one penny per acre Annually for all the Oake land in there respective Tracts as the Rent due for the whole : and that your Honours Survay in Bounding out there lande should certifie in perticuler the quantity of Oake lande accord- ing to which the Rent should bee Resarved in the deede of conformation for lands. They enforced this with a com plank that it was sufficiently previous to them after soe chargeable and hazardous an adventure to which they were onely incouridged by the consideration of such Quanti- ty es of lande to bee constrained to accept of land soe wholy unusefull, and which did soe much incomode every mans settlement and therefore they hoped your Honour would not add this burthen to their sadd dis- appointment. 2. To the second, that they arived here the most of them beefbre the Conssessions ware framed and had there land assigned to them by eertaine meats and bounds on which they have planted and hilt, that therefore to have those lands now cast into such a way of Lotte as the Conssessions *Note. — The contents of this paper show its date to be about the same as that of the preceding one. — Er>. COLONIAL RECORDS. 147 contrive, and the undesimall part reformed for your Honour will cer- tainly alter all those bounds and remove every mans possession which cannot but bee Ruine to Most; nor doe they set* how this wave of allot- ments can be practised in the Future, at least soe as to bee any bonifit to your Honours for the good land lying soe widely dispersed what is already taken up though but halfe the proportion due to each person, runns to an extent of at least three score miles soe that what is to take up will lve soe Remote from all conveiniencyes that it cannot advantage vour Honour to have an eleventh part at that distance, and indeed that kinde of divition appointed by the concessions is not at all practicable heare, beecause the good lands doe noe where lye soe contiguous nor soe in any place as equally to accomodate the whole generall lot. And a very great mischife it would bee to any whose lott shall fall where there is not a foote, they did expresse a great desire that somewhat might be offered to your Hon- our in vallue of this undecimall part but finding no thing heare really worth your acceptance they durst rather bee silent then propose any igno- ble compensation. 3. To the third, having already declared soe fully the nature of the lands in this country they thought it unnessessarv to multiply reasons against the keeping a man on every hundred acres it being evident from what is s d that in very many places a hundred acres would not maintaine one man. This Addresse and Representation beeing made to the L* Gen" and his Councell and there concuranee in all humble maner desired in a petition to your Honour for a release from these reall pressures. They certainly knowing all this to l>e truely soe as it is remonstrated, ware the redier to joine in prayers soe Rationall and soe nesssasary, and therefore with one harte and voyee we the Governer Couneel 1 and assembly or representa- tion for the county of Clarendon in Carolina beseaeh your Honour’s to to take the premisses into vour serious consideration and to relei ve us according to the true merrite of our cause. May it please your Lordshipp. This humble address as it is above written was perpated with the allowance and consent of the Honorable Sir .John Yeamans Baronet L* Gen 11 under your Lordshipp of this Province at such time as he was heare with us and presided in our Couneells; who at first gave us all the appearance of his purpose to joyne with us in the subscription thereof. But when it was engrossed and presented to him to bee signed he made this answer that his further thoughts had discoursed unto him an absurd- itie in owneing under his hands so pertieuler a knowledge of the soilc in !4K COLONIAL UKCOKDS. this County into wlndi lie »a.- Iml newly conic, and that therefore he did conceive it might give a better reputation to our cause if he did exempt himself from the Gen 11 Addressc, lie added that his intimating to your Lordshipp in his private letter the full satisfaction lie had received with in himself of the greviousnes and unpraeticablenes of these three injunc- tions espetially would stronger in force our arguments to your Lordships and more advantage the Acceptance of our prayers then his appearing jointly with us, and sue he left us with sufficient Incoridg”** to proceed with our petition by ourselves and with our hopes enlarged that though hee labored not openly with us lice would vet labor more effectually for us Thus therefore and upon these grounds wee doe presume Right Hon- ourable to press unto your presents and being now hearedoe in all humil- ity offer these further to vour noble consideration. 1. That when all the fame of this province was left in that black cloud of Reproaches which a party of the first new england Adventurers had wraped the whole country in and noe mans eare or mouth or hand was open to lieare or speake or act in her defence, wee then from no other incitem* but the glory of that venture which is made for Publick advantage, did by a vollentary and full contrybution dispell those mists of scandal 1 and revive a lusture bright enough to direct and provoke to a seizure by meanes of which expenee your Lordshipps have the possession of a parte which may bee improved to aseminary for the whole provence if the dis- eoridgement from without the place prove not more fatall then those within it; neither can wee think this seirvis really performed for your Lordshipps inferior to that which is but promised nor is it a frindly ar- gument that because wee have settled in aworse part of the country wee must have the worse conditions, since therefore those wliome wee credited as your Lordshipps plenipotentiaryes in Barbadoe were pleased soe well to consider of the success of those our contrybution as in your Lord- ships name to promise us five hundred acres of land and soe pro- portionally for every 1000 of sugar wee had expended on that second discovery without which (wee can make it plainly appear) though all else was ready the designe had vet fallen, since also tis most certaine that if Port Royall bee ever presented with powerful 1 invitations to a culture it will bee from the consequence of these our supernumerary disburses wee hope it will not be offensive to your Lordshipp that we deprecate a punishment upon our misfortunes and beg to have that conformed to us notwithstanding our ill suckses, which was granted as the prize of our vigorous crowding in to your Lordships servis, through all the obstickles that Mallice or eonterary pollicies could object. COL( )1\ T r A L R ECORDS. 1 451 2. That those nombers of the Carolina adventurers who made the seperation and intercepted that treaty which wee had comenced with your Lordships, presenting different proposalls and accepting other conditions ware such as had the whole bent of there affections towards port Royall and never purposed further to second there diverted adventures on this county of Clarendon which then might conduce to the establishing them an interest in the county of Craven who beeing now by the said callam- itv which fell on Sir Jno. Teamens disappointed in there expectations there nessesarily discouridged proceeding heare: and evidence the same not onely by a silent discontinuance, but alsoe by a elamerous drawing off, those againe on the other side who ware determinate for this county stop’d in there carreare by these unexpected concessions have remay ned at a staye ever since, with too much appearance of hever reinclyning there motion this way. Thus is there anapproching loss to all concerned to the King and nation, loss of dominion and trade to your Lordshipps loss of the name and Honor of enlarging both these, to the adventurers loss of money and hopes increased in us that are hereby the loss of our whole substance ; and all this unavoidably unles you Honours reeintegra- ting that treaty which your Honours once desended to with us and in us with the adventurers of ould and new England and by granting us these priviledges which you were once not very far from granting us (which very probably you will) the Actineuity of such who can trample on all other difficultyes when supported by that which they opinion F redome, the Ruine which with open mouth attends us while being desarted by all, wee are utterly disabled either to proceed or to retire enfbrceth us to this ernestnes, yet ware wee the onely partves in this cause wee should ap- proch with much lesse bouldnes, but now wee sue in your Lordshipps behalves also y‘ your Possesion of this Province may not bee utterly lost, and with it all the hopes of our subjecting it to an English Gov- erm* wee are Yo r Lordshipp’s most humble servants JOHN NEVINSON. JOHN VASSALL GEO ( ARY RICHARD WHITTNEY. R. SANDFORD ROBERT GI BRS. JOHN KNIGHT. HUMP. DAVENPORT THO CLIFTON. HENRY BRAYNE JOHN BRENT WILL GRIG THOM AS G1BBES. SAM HAMES COLONIAL RECORDS. 150 [H. P. R. O. Colonial Papers. Vol. XX. No. 144.] r/r. gov & council of Barbados to the king. 29 th SEPT. 1 (»()(!. Mav it please Your Majesty His Excellency the Lord Willoughby haveing appointed us of his Councell for the Govern 1 of this Island the many dangers at present which threaten the safety thereof and of vour Maj. whole dominion in these parts have rendred it our duty to informe your Maj. that soe by a tvmely reliefe yo r Maj. honour and authority might be restored and pre- served and wee secured from the violence of our Enemies. Wherefore wee most humbly informe yo r Maj ty that the restraint of trade here for some yeares past hath withheld the prosperity of these Yo r Maj. Collonies and will if not prevented in short tvme destroy them especially in that of Negroes of whom very few have been sold here and those the worst such as the Spaniards would not look on and yet they at farr greater rates than the Spaniard gives for the best or the Merchant before he was restrained afforded them as by a solemn declaration here published wee were promised which only men compelled by necessity haveing dealt for have therein found their oertaine mine and many on that score forced daily to forsake these Countries. The richer sort who could better withstand the necessity have bought few or none although thereby they have made less sugar by the one lialfe then with a full sup- ply they might have done which hath beene a greater losse in the revenue of the customes to your Maj ty then the Spanish trade will any way recom- pense but least wee should presume too farr wee shall only say that tlies Setlements have beene made and upheld by Negroes and without constant supplies of them cannot subsist which that wee may the better have and all other necessities for our plantations wee most humbly implore Yo r Maj. to grant your loyall subjects that have adventured our lives & fortunes thus farr to the increase of Yo r Maj. Dominions and Revenewes the same freedome of trade att all times as those our Brethren in England with less difficulty enjoy and as in duty bound wee shall ever pray for yo r long and happy raigne over us. Yo r Majesties Loyall and most obedient Subjects WILL. WILLOUGHBY COLONIAL RECORDS. lol JOHN YEAMANS. PHILIP BELL. WILLIAM KIRTON HENRY HAWLEY. THOMAS WARD ALL SAM. BAR WICK WILL. SHARPE ROBERT HOOPER CHRISTOPH ER CODRI N GTON . Barbados. September '29 th 1666. [Indorsed.] Lieut. Generali and Councill of Barbados Ree. 30. Nov r Ans\v d 4 Dee. With a temporary Commission for the execution of the Lord Willough- by’s powers. [B. P. R. O. Colonial Papers. Vol. XX. No. 145.] THE NAMES OF THE COUNCILL OF BARBADOES. Lt. Coll. William Willoughby Deputy Gov 1 Coll. Henry Hawley, formerly Govern 1 a judicious man Thos. Wardall Esq” a grave prudent man Coll. Robt. Hooper well beloved A a stout man Coll. Sr. John Yeamens of good conduct A stout. Lt. Coll. Christopher Codrington | both well beloved A free from fae- Lt. Coll. Phillip Bell ( tion ingenious young gentlemen. Whi. Kirton Esq” a Judge. Sam. Banvick formerly in the King’s Army A stout Coll. Win. Sharpe, and ingenious man & good interest. GENTLEMEN OF THE COUNTRY Coll. Lewis Morris, a man of good interest A conduct A an Imnest man tho’ a quaker. Lt. Coll. Higgenbottome, Lt. Coll. Rich d Bavly A Maj r W m. Bates, stout men A titt for com and. COLONIAL KECOKDS. ■ri Some turbulent s|>i ritts questioning wlietlier the Ld. Willoughby have power to make a deputation (submitting to yo 1 judgment) whether it bee not re(|iiisite his Maj. pleasure bee knowne therein. ( 'onsider whether the indulging-of trade during this present Warr will not bee of greate importance to support the peoples spentts. There is aboard two Merchant shipps bound for Barbados on the King’s account 2000 Muskets 1000 Pikes 200 Barrels of powder — To enforme them of the additional! supply to encourage them. M ho in Barbados from Coll. Willoughby. [ 15. P. R. O. Colonial Papers. Vol: 20. No: 195.] THE ELEAVENTH OF DECEMBER lfffifi. Further Articles of agreem* had made concluded and agreed on at S* Maries in Maryland between us y c Subscribed Com” for Virg* and Maryland sufficiently impowred to Treat and conclude of a totall cessa- tion of Planting setting or soweing any Tobacco in each Colony as also in Albemarle County in Carolina as followeth. Viz* Whereas there was an agreem* made and concluded on between the Com” of Virg* Maryland & Albemarle County in Carolina bearing date the twelfth of July one thousand six hundred sixty six at James Cittv grounded upon the severall and respective Acts of Assembly for a cessation by w ch it was assented to and concluded on that there should be a Totall cessation from Sowing, setting, Planting or any waies tending any Tobacco in any or any part of the three colonies afores d from the first of February one thousand six hundred sixty six untill the first of February one thousand six hundred sixty sea veil. Provided W m Drom- ond Esq* Gov r of Albemarle County in Carolina and the Assembly of that Province did make the like Act in v* Colony. And the same should transmitt to v e Gov” ot Virginia and Maryland by the last of Septem- ber then next to ensue as by the said Articles, (Relacon being thereto had) more fully may appear. And whereas the sd. W m Drummond Esq r and the Assembly of Albemarle County aforesaid did make an Act pro- hibiting the sowing setting, planting or any waies tending any Tobacco from the said first of February one thousand six hundred sixty six, to y® first of February, one thousand six hundred sixty seven. But the said Act so made could not Transmitt to the s d Gov” of Virginia and Maryland COLONIAL RECORDS. 153 before the fifth of October last past by reason of an Invacon of their neighbouring Indians by which laps of a few daies occationed by the s d Invacon, Wee doe not judge either the severall and respective Acts of Assembly or y e said Acts to be fallen or voyd the s d Articles of T reaty of y e 12 th July aforesaid grounded upon. Wherefore to y e intent the good of the severall Collonies expected from a Cessation, may not be stifled in its birth, wee y e Com” of Virg a and Maryland doe declare that no advantage is or ought to be taken up on y® lapse of those few daies mentioned being noe essential part of the said Agreement and doe hereby accordingly ratifie and continue y® same according to the true intent and meaning thereof, fully relying upon the said late Act of Assembly of Albemarle County in Carolina for the performance A the Execucon of y® s d cessation in time and manner as is expressed in y® same. And wee do further hereby agree & conclude y* there shall issue out a Proclamation from each of the respective Gov” requireing and commanding an exact Obedience to y° s d severall acts of Assembly made in v® s d severall colonies of Virg a Maryland and Albemarle County and likewise the said Articles of Agreem* under y 6 penalties of Fine Imprisoning A cutt up y e Tobacco planted, sett, sowne Ac: To be inflicted upon all or any person or per- sons offending against ye sd Act or any of them in their respective Gov- ernm*® and that authentique coppies of y® sd Proclamations to be published as aforesaid be (so soone as possible) transmitted from each respective Gov r to both the other Gov” to the intent that all interests may be satis- fied in the severall proceedings in the performance of the said Articles. In witness whereof we have hereunto sett our hands and seales, the day and year first above written PHILIP CALVERT (seal) THO: LUDWELL (seal) HENRY COURSE Y (seal) ROBT: SMITH (seal) ROBT: SLYE (seal) Ri: RENNET (seal) THO: NOTLEY. (seal) NICHO: SPENCER (seal) THO: BALLARD (seal) JOSEPH : BRIDG r (seal) DANIELL PARKE (seal) [B. P. R. O. Shaftesbury Papers. Bole. 48. No. 83.] Notes is hereby given to all ingenious and industrious persons that there is a New Plantation begun 2 veers since on the main land between 16 COLONIAL RECORDS. 154 Virginia and the Cape of Florida at a place called Cape Feare in the Province of Carolina in the latitude of about 34 degrees. It is a cli- mate most desirable for its temperature and fertility as those that are there have written and those lately come from thence doe testifie they have 2 crops of Indian wlieate in one yeare and all graine plants and seeds that they commit to the earth do prosper exceedingly they have naturally growing abundance of most stately Timbers of most sorts in England but very many sorts not known to us as Cedar Pines Sassa- fras and other sweet woods Vines allso and Mulbury and Olives trees from whence come the rich commodvs of wine Sylke and-Oyle they have aboundance of deere Turkeys and other fowle in the woods and great store of Sturgeon Salmon and many sorts of other good eating fish both Hat and round They have since planted and produced very Excellent tobacco, Indeco, Cotton and potatoes and other roots and fruits proper to Barbados Virginia and Barmoodos. The neernes to which last places makes the planting there of more easy. The Priviledges where with it is endowed makes it yet more desirable the principal wherof follows. 1st There is full and free liberty of Contienee granted that those that are truly contientious may have liberty to worship God according to their owne way provided they behave themselves orderly towards the Civil Government. 2nd They shall choos from among themselves 13 persons or some other odd number whereof the Lords will appovnt for Governors and halfe of the other for the Council which Governor is to rule but 3 yeares and then learne to Obey. 3 They shall choose from among themselves an assembly (in the nature of a parliament who shall have the sole power of makeing all lawes and laying taxes when neede requires for the use of the Colony and the gov- ernors and Councill se the laws put in Execution. 4 They are to have freedom from Custom in England for all wine fruite, Curranee Almonds, Oyle, Olives, and silk they can produce, for seaven yeares to comence and when 4 tuns of those comoditys are at once imported in one ship. 5 Every man and woman that transport themselves before the 24 June next being 16(17 shall have for himselfe his wife and each of his children and every man servant he shall bring armed with a firelock or machlock musket statute bore with 10 lb powder 20 lb of bullett, 100 akers of land for each of them to him and his heirs for ever paying for every 1000 akers 10 s per Ann to the Lords for an acknowledgement and for every woman servant and slave 50 akers COLONIAL RECORDS. 155 6 Every servant at the Expiration of their service (which is 4 yeares) are to have the same quantity of land for him or herselfe, that their m rs had for bringing over and on the same condition allso the m r is bound to give them two suits of apparell and a set of tools to work with when lie is out of his time. Many desire to transport themselves thether or servants desire to be entertained they may take an opportunity of the Virginia fleet and from thence finde easy passage thether it being but 3 or 4 days sayle; and if they desire farther advise or information let them repaire to the [Reprinted from a copy in the “Swain Collection.”] A BRIEF DESCRIPTION OF THE PROVINCE OF CARO- LINA, ON THE COASTS OF FLORIDA ; AND MORE PAR- TICULARLY OF A NEW PLANTATION BEGUN BY THE ENGLISH AT CAPE FEARE, ON THAT RIVER, NOW BY THEM CALLED CHARLES RIVER, THE 29 th OF MAY, 1604. WHEREIN IS SET FORTH THE HEALTH- FULNESS OF THE AIR, THE FERTILITY OF THE EARTH AND WATERS, AND THE GREAT PLEASURE AND PROFIT WILL ACCRUE TO THOSE THAT SHALL GO THITHER TO ENJOY THE SAME. ALSO DIREC- TIONS AND ADVICE TO SUCH AS SHALL GO THITHER, WHETHER ON THEIR OWN ACCOUNTS OR TO SERVE UNDER ANOTHER. TOGETHER WITH A MOST ACU- RATE MAP OF THE WHOLE PROVINCE, LONDON: PRINTED FOR ROBERT HORNE, IN THE FIRST COURT OF GRESHAM COLLEGE, NEAR BI S HOPSG AT E-ST R EET. 1666. A. Brief Description of the Province of Carolina, Ac. Carolina is a fair and spacious province on the continent of America, so called in honor of his sacred majesty that now is, Charles the Second, whom God pre- serve ; and his majesty has been pleased to grant the same to certain honorable persons, who in order to the speedy planting of the same, have granted divers privileges and advantages to such as shall transport them- selves and servants in convenient time. ****** There is seated in this province two colonies already: one on the river Roanoak (now called Albemarle River), and borders on Virginia; the COLONIAL RECORDS. 156 other at Cape Feare, two degrees more southerly; oi which follows a more particular description. This province of Carolina is situate on the main continent of America, between the degrees of .‘10 and 36, and hath on the north, the south part of Virginia; on the south is bounded by the 30 th degree of latitude, not vet fully discovered; on the east is Mare Atlanticum, part of the great ocean; and on the west the wealthy South sea is its confines. The particular description of Cape Feare. In the midst of this fer- tile province, in the latitude of 34 degrees, there is a colony of English seated, who landed there 29th. May, Anno 16G4, and are in all about eight hundred persons, who have overcome all the difficulties that attend the first attempts, and have cleared the way for those that come after, who will find good houses to be in whilst their own are in building; good forts to secure them from their enemies; and many things brought from other parts there, increasing to their no small advantage. The chief of the privileges are as follows : First there is full and free liberty of conscience granted to all, so that no man is to be molested or called in question for matters of religious concern ; but every one to be obedient to the civil government, worship- ping God after their own way. Secondly. There is freedom from custom for all wine, silk, raisins, currants, oil, olives, and almonds, that shall be raised in the province for seven years, after four tons of any of those commodities shall be im- ported in one bottom. Thirdly. Every free man and free woman that transport themselves and servants by the 25th of March next, being 1667, shall have for himself, wife, children, and men-servants, for each, one hundred acres of land for him and his heirs forever, and for every woman-servant and slave fifty acres, paying at most J d. per acre per annum, in lieu of all demands, to the lords proprietors : Provided always that every man be armed with a good musket, full bore, ten pounds of powder, and twenty pounds of bullet, and six months’ provision for all, to serve them whilst they raise provision in that country. Fourthly. Every man servant at the expiration of their time is to have of the country a hundred acres of land to him and his heirs for- ever, paying only \ d. per acre per annum, and the women fifty acres of land on the same conditions; their masters also are to allow them two suits of apparel, and tools such as he is best able to work with, according to the custom of the country. COLONIAL RECORDS. 157 Fifthly. They are to have a governor and council appointed from among themselves, to see the laws of Assembly put in due execution; but the governor is to rule but three years, and then learn to obey; also he hath no power to lay any tax, or make or abrogate any law, without the consent of the Colony in their Assembly. Sixthly. They are to choose annually from among themselves a cer- tain number of men according to their divisions, which constitute the General Assembly, with the governor and his council, and have the sole power of making laws, and laying taxes for the common good when need shall require. These are the chief and fundamental privileges, but the right honorable lords proprietors have promised (and it is their inter- est so to do) to be ready to grant what other privileges may be found advantageous to the good of the colony. 1667. [B. P. R. O. Colonial Entry Bk. Vol. XI. p. 91.] Barbados. AT A MEETING OF THE HON We LT. GEN. HENRY WIL- LOUGHBYE & THE COUNCI LL THE 15 th DAY OF FEBRUARY 166(1-7. Present. William Willoughby Henry Hawley William Kirton Thos. Wardell This day a letter & Commiss® from his Maj ty constituting and appoint- ing the govern 4 of this and the rest of the Caribbee Islands to bee in Henry Willoughby Esq™ William Willoughby Esq™ Col. Henry Haw- ley & Col. Samuel Barwick was read upon which the Councillors then present that were not named in the said Commission declared they did beleevc themselves discharged as Councellors bv vertueof the said Corn- miss" whereupon they withdrew Here follows the above Commission dated 5 th Dec. 1666. Ordered that this Declaration following bee forthwith published by beat of drum in St. Michael’s Towne & all the Parish Churches next Sabbath Day Vizt: Sir John Yeamans Sam. Barwick Robt Hooper Christ. Codrington K 158 COLONIAL RECORDS. Barbados Whereas his Maj ty by his Commission bearing date the fifth of Decem- ber 1006 hath impowered us to bee Chiefe Gov" of this and the rest of the Caribbee Islands in the absence of his Excellency Francis Lord Willoughby of Parham or untill his Maj. pleasure be further knowne. In obedience to which wee have received the said Government and doe hereby publish and make Knowne that all officers both Civill & Mili- tary in this Island doe continue to execute their said offices till further order. Given under our hands this fifteenth of February 1000 (-7.) (signed) HENRY WILLOUGHBYE W ILLIA M WILLOUG H BY E HENRY HAWLEY SAMUELL BARWICKE After which they fell on debate of choosing a Councill which being concluded they chose Sir John Yeamans William Kirton Esq" Thomas Wardoll Esq Phillip Bell Esq" Robt. Hooper Esq" Christopher Cod- rington Esq" to whom was administered the oath following Viz*: Barbados. I doe sweare that I will give true and faithfull Councill to Henry Willoughby William Willoughby Henry Hawley and Samuel! Barwick Esq" 9 as chiefe Gov" of this & the rest of the Caribbee Islands appointed by his Maj. Commission beareing date the fifth of December 1000 in which I will perform all things that belong to a faithfull Councillor according to the best of my skill and judgment during the absence of his Excellency Francis Lord Willoughby of Parham or untill his Maj. pleasure bee further knowne Soe help me God and then adjourned till Monday next. [B. P. R. O. Colonial Papers. Vol. XXI. No. 71.] GOV r LORD WILLOUGHBY TO JOSEPH WILLIAMSON, SEC. TO LORD ARLINGTON 9 JULY 1667. Barbados. July 9 ’67. S r You that soe well understand w* belongs to a hurry of business if an oversight was committed ought to pass it by when y' you know might COLONIAL RECORDS. 159 bee sayd occasioned it However receive this as a reconci Icing challenge for soe I intend it And though the government of Barbados will not defray the duties due to yo r office some other way must I shall not com- plaine till I come to state my case in earnest and then I dare appeare to my Lord Ashley. You will by the letters enclosed to Lord Arlington understand the posture of our affaires hereto w oh I referr you and whether warr or peace shall endeavour to make the best use I can of my time but God send us peace or two good reginf 8 att least I thincke I have con- quered this island with good words but that will not doe with Mons r Never man was soe out in his judgment of men in Barbados as your friend S r John Colleton who you know named one S r John Yeamans to exceed all men for interest in this island & 1 buylding upon his informa- tion named him for a judge & the Assembly brought in matters of soe high a nature against him that he durst not stand the test though I offered to stand by him as far as in justice I ought By his Ma tie8 com- mands hither I am sent & in poynt of honor whilst the warrs last here I am fixt the place is pleasant the company good y° power greate A 1 hope in tyme to give a good account of all Wee had an ill brush at S‘ Kitts, Col. Stapleton L‘Col. Cutter, Captai ne Talbutt hurt and taken Brave Bellamont killed Yo r freind Scott escaped who I presume will give you a trew account of the business In requital Sir John Harman hath burnt 19 or 20 greate French ships in Martinico roade Farewell Yo r affectionate friend to serve you WILL. WILLOUGHBY [B. P. R. O. Shaftesbury Papers. Bdle 48. No. S.] JOHN YASSALL TO SIR JOHN COLLETON. Nancymond in Virginxy 6 th October 1(1(17. Honnorable Sir, I presume you have heard of the unhapy Loss of our Plantation on Charles River the reason of which I could never soe well have under- stood had 1 not com hither to heare; how that all that came from us made it their business soe to exclaime against the Country as they had rendered it unfitt for a Christian habitation; which hindered the coming of the people A supplvs to ns soe as the rude Rable of our Inhabitants ware day ly redy to mutany against mee for keeping them there soe long; 160 COLONIAL RECORDS. insomuch that after they had found a way to com hither hv land all the arguments and authority I could use wold noe longer prevail which in- forced nice to stop the first ship that came till 1 could send for more shipping to carry us all away togeather espetially such weak persons as ware not able to goe bv land, the charge and trouble whereof and the loss of my Estate there having soe ruened mee as I am not well able to settle myself heare or in any other place to live comfortably. But had it pleased God to bring my Cauzen vassal 1 safe hither wee had bin yett in a flourishing condition. I sent one Whiticar last November on purpose at my owne charge to give the Lords an account of our condition but lice was taken by the way soe as I have not heard a word from any of you since I receaved mv Commissions by M r Sanford and indeed we ware as a poore Company of deserted people little regarded by any others and noe way able to supply ourselves with clothing and necessaries nor any number considerable to defend ourselves from the Indians all which was occationed by the hard termes of your Consetions which made our friends that sett us out from Barbadoes to forsake us, soe as tliay would neither suply us with necessaries nor find shipping to fetch us away, yet had wee had but 200£ sent us in Clothing wee had made a comfortable shift for annother yeare, and I offered to stay there if but twenty men would stay with mee till wee had heard from your Lordships, for wee had corne enough for two yeares for a farr greater number and tho’ the Indians had killed our Cattle yett wee might have defended ourselves but I could not find 6. men that wold be true to me to stay: soe was constrained to leave it to my greate loss & ruin, and I fear you will not have a much better account of your plantation at Ronoake unless a better course be taken to incorage their stay for they are not without greate cause of complaints. This with my very humble servis presented is all at present From Your honnors humble servant JOHN YASSALL (Addressed) TO THE HONORABLE SI-R JOHN COLITON Knight and Barronett at Nerehald These present In Essex. COLONIAL RECORDS. 161 [P. P. R. 0. Colonial Papers. Vol. XXI. No. 134.] SAMUEL MAVERICKE TO SEC. L d ARLINGTON 16. OCT. 1667. Right Honourable The above is a coppie of a letter sent in June, another coppie I sent with some addition by one Randall of Plymouth before w oh time wee had eertaine newes that S r Robert Carr dyed in Bristoll and never got to London but hope the papers he carried came safe Since which time wee have not heard from England nor much from any other place only this. The plantations at Cape Feare are deserted, the inhabitants have since come hither, some to Virginia. Att Burmudoes there hath been such a drought as the fruites of the earth are all destroyed and in Virginia on the 23 rd of August there was such a dreadfull huracana as blew up all by the rootes y* was in the ground overturned many houses and abund- ance of trees and drove up some vessells of burthen above high water marke many foote and about tyme they report the Lord Baltamoores sworne Governor of Virginia died. Good my Lord pardon mee for being soe troublesome I shall ever remaine Right honorable Sir Yo r most obliged humble Servant SAM U ELL M A V ERICK E Boston Oct. 16. 1667. [Hutchinson’s History of Massachusetts, Page 238.] Note. — In 1667 the people at Cape Fear being under distressing cir- cumstances a general contribution by order of court was made through the colony for their relief. Although this was a colony subject to the proprietary government of Lord Clarendon and others, yet the founda- tion was laid about the time of the Restoration by adventurers from New England who supposed they had a right to the soil as first occupants and purchasers from the natives, and, issuing from Massachusetts, to the same civil privileges; but they were disappointed as to both. MS. 17 162 COLONIAL RECORDS. [B. P. R. O. Col: Ent: Book. No. 20. p. 23.] George Duke of Albemarle Master of his Majesties Horse, Edward Earle of Clarendon, William Earle of Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of the Exchequer, Sir George Carteret Vice Chamberline of his Majesties Household, Sir William Berkeley Knight and Sir P. Colleton Bart: The trew and absolute Lords Pro- pryators of all the Province of Carolina To our trusty and welbeloved Samuell Stephens Esq” Greeting; Wee doe hereby constitute and appoint you during our pleasure Gov- ernor of our County of Albemarle, as also of all Isles, Islets, Rivers and Seas within the bounds of the said County togeather with the Isles and Islets within tenn leagues thereof, with Power to nominate appoint and take to you 12. able men at most 6 at least to be of your Councell or as- sistance, or any eaven number between 6. and 12. unless we have before made ehoyce of or shall choose all or any of them. And we doe further constitute and appoint you to be our Commander in Cheife, during our pleasure of all our forces raised and to be raised, within our said County Isles and Islets aforesaid for the security of the same, and the parts ad- jacent within our said Province, over which forces you are to place Offi- cers and to cause them to be duely exercised in armes, and to doe all and every other thing and things, which unto the Charge of a Commander in Cheife of an Army belongeth or hath accustomed to belong. Command- ing all inferiour Officers and souldiers of our said forces, you to obey as their Commander in Cheife, according to this our Comission, and the powers thereby given unto you; and according to the Lawes and discip- line of Warr; and you yourselfe alsoe are to observe and follow such orders and directions, as from time to time you shall receive from us, and in all things to govern yourselfe as unto your duty and place of Gover- nor of our said County and Comander in Cheife of our forces there doth belonge. Given under our Create seale of our said Province this day of October 1 667. [B. P. R. O. Col: Ent: Book. No. 20. p. 23.] George Duke of Albemarle Master of his Majesties Horse, Edward Earle of Clarendon, William Earle of Craven, John Lord Berkelev, COLON I A L R ECORDS. 168 Anthony Lord Ashley, Chancellor of the Exchequer, Sir George Carte- ret Vice Chamberline of‘ his Majesties Household and Sir William Berkeley Knight and Sir P. Colleton Bart : The trew and absolute Lords Propryators-of all the Province of Carolina To our trusty and Welbeloved Samuell Stephens Esq re Governor of our County of Albemarle, and the Isles and Islets within tenn leagues thereof, And to our trusty and welbeloved our councellors and assistants to our said Governor. Greeting : Bee it knowne unto all men, that wee the said Lords and absolute pro- pryators of the County within the province aforesaid, for divers good causes and considerations, but more especially out of the trust and con- fidence, reposed in you our said Governor and Councellors, for the faith- full management of the power and Authority by us to you given to the best availe and improvement of our Interest and Dominion in the said County of Albemarle, and Isles and Islets aforesaid and for the availe and improvement of the Interest Liberty propryety and defence of all such as shall plant and inhabit! there; Have given granted and by these presents doe give and grant (during our pleasure) unto you our said Governor by and with the consent of our Counsell, or any three of the 6. or 4. of a greater Number full and absolute power and authority for us and in our Names, to lett, sell, convey and assure such lands in our said County to such person and persons, and for such Estate and Estates, and with such provisoes, conditions and Lymitations as wee by our In- structions and Concessions, here unto annexed have directed and as you shalbe directed by such other Instructions and Rules as from time to time you shall receive from us, and not otherwise, thereby rattifying and confirmeing whatsoever you shall doe pursuant to the said Instructions and Concessions and to such Instructions Rules and directions as afore- said As alsoe to make, doe, performe and execute all and singuler Act and acts, thing and things, powers and authorityes whatsoever which wee ourselves may eann might or could doe, in for coneerneing or relateing unto the Government both Civill and Millitary of the said County and Isle and Islets aforesaid by virtue of the Letters Pattents of his most excellent Majesty Charles the Second Kinge of England, Scotland, France and Ireland defender of the faith, bearing date at Westminster the 20 th day of June in the 17 th veare of his Reigne, To be exercised nevertheless according to such Instructions and with such Lymitations, Restrictions, con- ditionsand Provisoes as in these presents are hereafter conteyned ; Thereby rattifying, confirming and allowing all and every such act and acts, thing 1 64 COLONIAL RECORDS. and tilings which our said Governor and our said Councillors in our Names shall doe in the premises pursuant to the Authority hereby committed; Provided and it is hereby declared that this present deede or anything therein eonteyned doth not extend nor shall it be deemed or taken to extend, to give up to our said Governor or our said Councillors or either or any of them any power or authority to make any Manner of Grant conveyance, devise or other like disposition of any Lands lying within or being part of the said County, Isles or Islets aforesaid but according to our instructions and concessions, and reserveing for every acre English measure, which by virtue of this Authority you shall graunt to any person or persons of lawfull mony of England yearely Rent to be paid to us our heires or assignes, upon every 25 th day of March according to the English account the first payment whereof to begin on the 25 th day of March which shalbe according to the English account in the year of our Lord God 1 (570; Provided alsoe that noe order or Lawes made or to be made by virtue of this our Authority, shalbe in force as Lawes, for any longer tearme then one yeare and a halfe, within one yeare of which time, they shalbe transmitted and presented to usfor our Assent; which being given they shalbe in continewall force, till ex- pired by there owne Lymitation, or by act repealed; Provided alsoe that the executive parte of all the said powers herein given, shalbe made and exercised by you our said Governor by and with the advice and consent of the Major parte of our Councell ; And if it shall happen that our said Governor or any of our said Councell shall depart or be absent at any time from our said County, unless other provision be by us made, that then it shall and may be lawfull, to and for our Governor and Councell or the major parte of them resident in our said County, to nominate elect and appointe any such able person or persons, as in there discretion, to them shall seeme most fitt to serve in and supply the place of such of the said persons respectively, during there absence from our said County, Giveing and graunting unto him or them soe chosen during the absence of our said Governor or Councillors, as full, large and ample powers as wee by these presents to our said Governor or Councillors have given ; Anything in this present Comision in any wise to the Contrary notwith- standing; and alsoe in Case of death of the Governor or death or Re- movall of any Member of our said Councell from tyme to tyme to nom- inate and elect fitt and able persons in their steads or places, respectively, which persons soe nominated and chosen shall exercise all powers to those said Offices respectively belonging till our pleasure be signified to the Contrary; Given under our greate Seale of our said Province this day of October Anno Domini 1667. COLONIAL RECORDS. 165 [B. P. R. O. Col: Ent: Book. No. 20. p. 25.] INSTRUCTIONS FOR OUR GOVERNOR OF THE COUNTY OF ALBEMARLE IN THE PROVINCE OF CAROLINA. 1. Imp* you are to take to you 6. Councillors at least 12. at most or any eaveu Number betweene 6. and 12. with whose advice and consent, or with at least 3. of the 6. or 4. of a greater Number all being sum- moned you are to governe according to the Lymitations and Instructions following during our pleasure ; The Cheife Register or Secretary which wee have chosen or shall choose, we fayling that you shall choose, shall keepe exact Enteryes in faire bookesof all publicke affaires of said County and to avoyde deceates and law suites shall record and enter all graunts of Land from the Lords to the planter, and all conveyances of Land, house or houses from man to man, as alsoe all leases for Land, house or houses made or to be made, by the Landlords to any Tennant for more then one yeare, which Conveyance or Lease shalbe first acknowledged by the Grantor or Leaser or owner by the Oath of 2 Witnesses to the Conveyance or Lease before the Governor or some Chiefe Judge of a Court for the time being, who shall under his hand upon the backe side of the said deede or Lease, attest the acknowledgement or proofe as aforesaid, which shalbe a war- rant for the Register to record the same, which Conveyance or Lease soe recorded shalbe good and effectuall in Law, notwithstanding any other Conveyance deede or Lease for said land, house or houses or for any parte thereof, although dated before the Conveyance, deede or Lease, recorded as aforesaid and the said Register shall doe all other thing or things, that wee by our Instructions shall direct and the Governor, Councell and assemblye shall ordayne, for the good and welfaire of the said County. 2. Item The Surveyor Generali that we have chosen or shall choose, we faileing that von shall choose shall have power by himselfe or deputy to survey, lev out and bound all such Lands, as shalbe graun ted from the Lords to the planters and all other lands within the said County &c which may eoneerne particuler men, as he shalbe desired to doe, and a particuler thereof certify to the Register, to be recorded as aforesaid, Pro- vided that if the said Register and Surveyor or either of them shall soe misbehave themselves, as that the Governor and Councell or Deputy Governor and Councell or the major parte of them shall find it reasonable COLONIAL RECORDS. lo; to suspend there actings in their respective Imployments it shalhe lawful! for them soe to doe, untill further order from iw. 3. Item All choyce of Officers, made by you shalbe for noe longer time then during our Pleasure. 4. Item Yourselfe, Councellors, Assembly men, Secretarys, Surveyors and all other Officers of trust shall sware or subscribe in a booke to be provided for that purpose, that they will bear true allegance to the Kinge of England, his heires and Successors, and that they wilbe faithful 1 to the Interest of the Lords Proprvators of the Province and their heires, execu- tors and assignes and endeavour the peace and wellfaire of the said pro- vince, and they will truely and faithfully discharge their respective trusts, in their respective Offices and doe equall justice to all men, accord- ing to their best skill and judgment without Corruption, favour or affec- tion, and the names of all that have sworne or subscribed to be entered in a booke, and whoesoever shall subscribe and not sware, and shall vio- late his promise in that subscription shalbe lyable to the same punish- ment that the persons are or may bee, that hath sworne and broken his oath. Item That all persons that are or shall become subjects to the King of England, and sware or subscribe alleagance to the Kinge and faithfulness to the Lords as above, shalbe admitted to plant and become fremen of the province, and injoy the freedomes and Immunyties hereafter exprest, untill some stop or contradiction be made by us the Lords, or else by the Governor, Councell and Assembly which shalbe in force untill the Lords see cause to the contrary, provided that such stopp shall not any wayse prejudice the Right or Continewance of any person that hath beene re- ceaved before such stopp or order come frory the Lords or Generali assembly. Item That noe person or persons quallifyed as aforesaid within the province, or all or any of the Countyes before exprest at any time shalbe anywayse molested, punished, disquieted or called in question for any differences in oppinion or practice in matter of religious concernement whoe doe not actually disturbe the civill peace of the said province or County, but that all and every such person and persons may from time to time and at all times freely and fully have and injoy their Judgements and Consiences in matter of religion, throughout all the said province, they behaving themselves peaceably and quietly and not useing this liberty to Lycentiousness, to the Civill Injury or outward disturbance of others, any Law, Statute or Clause contained or to be contained Usuage or Cus- tome of this realme of England to the contrary hereof in any wise not- withstanding; COLONIAL RECORDS. 167 Item And that noe pretence may be taken by us our heirs or assignes, for or by reason of our right of patronage and power of advowson graunted unto us by His Majesties Letters Pattents aforesaid to infringe thereby the Generali clause of Liberty of Contienee aforementioned, Wee doe hereby graunt unto the Generali Assembly of the said County Power by act to constitute and appoint such and soe many ministers or preachers as they shall thinke fitt and to establish their maintenance, giveing Lib- erty besides to any person or persons to keepe and maintayne what Preachers or Ministers they please. Item That the Inhabitants being freemen or Cheefe agents to others of the County aforesaid doe as soone as this our Commission shall arrive bv virtue of a writ in our Names, sealed with our Seale of the County and by you signed, make choyce of 12. deputves or representatives from amongst themselves, whoe being chosen are to jovne with you our Gov- ernor and Councell for the makeing of such Lawes, Ordinances and Con- stitutions as shalbe necessary for the present good and wellfaire of the County aforesaid, but as soone as parishes, denizions, tribes or distinctions of the County are made, that then the Inhabitants or freeholders of the severall and respective parishes, tribes, denizions and distinctions of the County aforesaid doe (by your writts under our Seale which wee ingage shalbe in due time ishewed) annually meet on the 1° day of January and choose two freeholders fore each respective denizion, tribe or parish to be the deputves or representatives of the same, which body of the represen- tatives or the major parte of them shall with the Governor and Councell aforesaid be the Generali assembly of the said County the Governor or his deputy being present unless they shall wilfully refuse, in which case they may appoint themselves a President during the absence of the Gov- ernor or his deputy Governor. Which Assembly arc to have power To appoint their owne times of meeting and to adjorne their Sessions from time to time to such times and places as they shall thinke conven- ient, as alsoe to assortane the Number of their <|Uornm, provided that such Numbers be not less then \ parte of tin' whole, in whome or more shalbe the full power of the Generali Assembly vizt : Item To act and make all such Lawes, acts and constitutions as shalbe necessary for the well government of the said Collonv and them to repeale, provided that the same be consonant to reason, and as neare as may be conveniently agreable to the Lawes and Customcs of his Maj- esties Kingdome of England, provided alsoe that they be not against the Interest of us the Lords Proprietors our heires or assignes, nor any of COLONIAL RECORDS. 168 these our present Concessions, espetially that they be not against the arti- kle for liberty of contienee above mentioned, which Lawes &e soe made shall reeeave publication from the Governor and Councill (but as the Lawes of us and our Generali Assembly) and be in force for the space of 1 yea re and \ and noe more, (unless confirmed bv us.) within which time they are to be presented to us our lieires &e for our ratification, and being confirmed by us they shalbe in Conti newall force, till expired by their owne Lymitations or by act of repeale in like manner as aforesaid to be passed and confirmed. Item By act as aforesaid to constitute all Courts togeather with the Lvmitts, powers and Jurisdictions of the said Courts as a 1 soe the severall Officers Number of Officers belonging to each of the said respective Courts togeather with their severall and respective salleryes, fees and perquisites, there appellations and dignityes, with the penaltyes that shalbe due them for breach of their severall and respective dutyes and trusts. Item By Act as aforesaid to ley equall taxes and assesments equally to rayse monies or goods upon the lands (excepting the Lands of us the Lords Proprietors before setting) or persons within the severall precincts, hundreds, parishes, Mannors or whatsoever other denizions shall hereaf- ter be made and established in the said County, as oft as necessity shall require, and in such manner as to them shall seeme most equall and easye for the said inhabitants, in order to the better supporting of the publicke Charge of the said Government and for the mutuall safety, defence and security of the said County. Item By act as aforesaid to erect within the said County such and soe many Barronyes and Mannors with their necessary Courts, Jurisdic- tions, freedoms and priviledges as to them shall seeme convenient, as alsoe to devide the said County into hundreds, parishes, tribes or such other denizions and distinctions as they shall thinke fitt, and the said denizions to distinguish by what Names wee shall order or direct, and in default thereof by such Names as they please, as alsoe within any parte of the said County to create and appoint such and soe many ports, harbours, Creekes and other places for the convenient ladeing and unladeing of goods and merchandize out of slopes boates and other vessels, as they shall see expedient, with such Jurisdictions priviledges and franchises to such ports &c belonging as they shall judge most conduceing to the Gen- erali good of the said plantation or County. Item By their enacting to be confirmed as aforesaid to erect rayse and build within the said County or any parte thereof such and soe many COLONIAL RECORDS. 169 forts, fortresses, Castles Cittyes, Corporations, Burroughs, Townes, Villages, and other places of strength and defence, and them or any of them to incorporate with such Charters and priviledges as to them shall seeme good and our Charter will permitt, and the same or any of them to fortifie and furnish with such proportion of ordinance, powder, shott, armour and all other weapons, ammunition and habilliments of warr both offensive and defensive as shalbe thought necessary and convenient for the safety and welfaire of the said County, but they may not at any time demolish, dismantle or disfurnish the same without the consent of the Governor and Major parte of the Councell. Item By act as aforesaid to constitute trayne bands and Companies with the number of soldiers for the safety, strength and defence of the said County and province, and of the ports, Castles, Cittyes &c, to suppress all intrigues and Rebellions to make warr offensive and defen- sive with all Indyans, Strangers and Forreigners as they see cause, and to pursue an Enemy by sea as well as by land, and if needs be out of the Lymits and Jurisdictions of said County, with the particuler consent of the Governor and under the conduct of our Governor or whome he shall appoint. Item by act as aforesaid to give unto all Strangers as to them shall seeme meete, at Naturalisation and all such freedomes and priviledges within the said County, as to his Majesties subjects doe of right belonge, they swearing or subscribing as aforesaid which Strangers soe natural- lised and priviledged shall alsoe have the same immunities from Customes as is granted by the kinge to us, and by us to the said County ; and shall not be lyable to any other Customes then the rest of his Majesties sub- jects in said County are, but be in all respects accompted in that County aforesaid as the King’s Naturall Subjects. Item By act as aforesaid to prescribe the quantityes of land which shalbe from time to time alloted to every head free or sarvant, male or female, and to make and ordaine rules for the casting of Lotts for Land, and leying out of the same, provided that they doe not in their said pre- scriptions, exceed the several 1 proportions which are hereby gra unted In- ns, to all persons arriving in the said County or adventuring theither that is to say 60. acres to every freeman, and as much to his wife, the like to each freewoman that arrives in said County and brings servants to settle, and 60. acres to every Master or Mistris for every man sarvant he or they shall bringe or send, armed with a good fierlocke or Matchlocke bore 12 bullets to the pound, 10 pounds of powder and twenty lbs of bullets with Match proportionable, 50 acres for every other sort of sarvant and 18 170 COLONIAL RECORDS. 50. acres for every servant for liis or her proper use and behoofe, when their time of servitude is expired, provided that all lands whatsoever soe settled and planted shall afterwards from time to time for the space of 13 yeares from the date hereof be held upon the condition aforesaid of con- tinewing one able man servant or 2 such weaker servants as aforesaid on every 100. acres, a Master or Mistris shall possess besides what was graunted for his or her owne person, infailer of which upon Notification to the present occupant or his assignes there shalbe 3. yeares time given to such for their compleating said Number of persons or for their sayle or other disposure of such parte of their land as are not soe peopled within which time of 3 yeares if any person holding any Lands shall fayle by himselfe, his agents, executors or assignes or some other way to provide such number of persons, unless the Generali Assembly shall without respect to poverty, judge that it was impossible for the party soc fayleing to keepe or procure his or her number of servants to be pro- vided as aforesaid in such case wee the Lords to have power of disposeing of so much of such Land as shall not be planted, with its due Number of persons as aforesaid to some other that will plant the same. Except those lands which are decended to Orphants by Inherritance, whome wee hereby allowe 3. yeares time after there comeing to the age of 21. yeares for the peopling of there land as aforesaid and then in case of failer wee the Lords to have power of disposure of their lands, as of the lands of other persons, provided alwavse that any person whoe hath a stocke, of Catle, Sheepeorsuch like on his hands shall for every greater sort of Catle, which he hath at the time of such forfeiture, as horses, kine &e. retane 2. acres and for every lesser sort as sheepe, hoggs &e. 1. acre, provided alsoe that noe persons arriveing into the said Collony with purpose to setle (they being subjects or natturallised as aforesaid) be de- nyed a graunt of such proportions of land as at the time of their arriveall are due to themselves or servants bv concession from us as aforesaid but have full Lvcence to take up and setle the same in such order and man- ner as is graunted or prescribed, all lands notwithstanding (the power in the assembly aforesaid) shalbe taken up by warrant from the Governor and confirmed by the Governor and Councell under our Seale of the County for that purpose provided, in such order and Meth-hood as shalbe set downe in this declaration and more at large in the Instructions to the Governor and Councell Lastly To enact, constitute and ordaine all such other Lawes, acts and constitutions as shall or may be necessary for the good, prosperity and setlement of the said County, excepting what by these presents are ex- cepted, and conformeing to the Limitations herein expressed. COLONIAL RECORDS. 171 To see all Courts established by the Lavves of the Generali Assembly and all Ministers and Officers Civill or Millitary doe and execute their severall dutyes and offices respectively according to the Lawes in force, and to punish them for swerveing from the Lawes or acting contrary to their trust; as the nature of their offence shall require. Item According to the Constitutions of the Generali Assembly to nominate and commissionate the severall Judges Members and Officers of Courts wheither Majestraticall or Ministeryall and all other Civill Offi- cers as Justices, Coroners &cand their Comissions and powers and autlior- ityes to revoake at pleasure, provided they appoint none but such as arc freeholders in the County aforesaid unless the Generali Assembly con- sent. Item According to the Constitutions of the Generali Assembly to appoint Courts and Officers in cases criminiell and to empower them to inflict penaltyes upon offenders against any of the Lawes in force in the said County as the said Lawes shall ordavne, wheither by fine, Impris- onment, banishment, corporall punishment or to the taking away of Mem- ber or of life itselfe. Item To place Officers and Soldiers for the safety, strength and defence of the forts, Castles, Cittyes etc according to the Number appointed by the Generali Assembly, to nominate, place and commissionate all Mili- tary Officers under the Governor whoc as Commander in eheefe is oom- missionated by us, over the severall trayne bands and companies consti- tuted by the Generali Assembly as Gollonels, Captains &c and their Commissions to revoake at pleasure the governor singly or with the ad- vice of his Councill, which we advize him to take, to muster and trayne all the soldiers within the said County to prosecute warr, pursue an En- emy, suppress rebellions and mutinies as well by sea as land, and to exer- cise the whole Millita as fully as by our Letters Eattents from the Kinge wee cann impower him or them to doe, provided that they appoint noe millitary Officers but what are freeholders in the said County, unless the Generali Assembly shall consent. Item Where they see cause after condemnation to reprcivetill the case may be presented with a Coppy of the whole Trvall, proceedings and proofes to the Lords, whoe will accordingly either pardon or command execution of the sentence on the offender whoe in the meane time to be 1 Kept in safe custody till the pleasure of the Lords be knowne. Item In ease of death or other removeall of any of the representa- tives within the yeare to I shew summons bv Writt to the respective den - izion or denizions for which hee or they were chosen commanding the free- holders of the same to choose others in there steade. 172 COLONIAL RECORDS. Item To make warrants ami scale graunts for Lands according to onr Concessions and prescriptions by the advice of the Generali Assembly in such forme as shalbe at large set downe in our Instructions to the Gov- ernor in his Commission and which are hereafter exprest. Item To act and doe all other thine; and things that mav conduce to c5 O J the safety, peace and well government of the said County as they shall see fitt, soe as they be not contrary to the Lawesof the County aforesaid. For the better securing of the Propryetes of all inhabitants. You are not to impose nor suffer to be imposed any taxe, Custome, Subsidy, tallage, assessment or any other duty whatsoever upon any cul- lor or pretence upon the said County and the I nhabitants thereof, other then what shalbe imposed by the authority and consent of the Generali As- sembly, and then only in manner as aforesaid. Item You are to take care that land quietly held planted and pos- sessed 7. yeares after its being first duely surveyed by the surveyor Gen- erali or his order shall not be subject to any review resurvey or alteration of bounds on what pretence soever bv any of us, or any Officers or Min- isters under us. Item You are to take care that noe man if his Catle, stray range or graze on any ground within the said County not actually appropriated or set out to perticculer persons shalbe lyable to pay any trespas for the same, our heires &c. provided that custome of Commons be not thereby pre- tended to, nor any person hindred from takeing up and appropryateing any Lands soe grazed upon, and that noe persons purposely doe suffer his Catle to graze on such lands. Item It is our will and desire that the Inhabitants of said County and adventurers theither shall enjoy all the same Immunityes from Customs for exporting certine goods, from there Realmes of England <£rc. theither as the Kinge hath beene graciously pleased to graunt to us, as alsoe for the Ineorragement of the manufactors of wine, silke, ovle, Ol lives, fruits, almonds &c. mentioned in the pattent have priviledge for bringing them Custome free into any of his Maj*® 8 Dominions for the same time, and upon the same tearmes, as wee ourselves may by our Pattent doe. And that the planting of the County aforesaid may be more speedily promoted. You are to take notice that wee doe hereby graunt unto all persons whoe have already adventured theither or shall transport themselves or servants theither before the 25 th day of December which shalbe in the veare of our COLONIAL RECORDS. 173 Lord 1669 there following proportions of Land vizt : 60. acres English measure, to every freeman and as much to his wife, if he have one, and to every freewoman that already is or shall arrive into the said County with a sarvant or sarvants to plant within the time aforesaid 60. acres like measure to a Master or Mistris for every able man sarvant he or slice shall bringe or send as aforesaid being each of them armed with a good fierlocke or matchlocke bore 12 bullets to the pound 10 lbs. of powder and 20. lbs of bullets with match proportionable, 60 acres, and 50. acres like measure for every other sort of sarvant, he or slice shall bring within the time aforesaid, and to every of there servants soe transported within the time aforesaid, 50. acres like measure to their proper use and bchoofo, when their time of servitude is expired, all which lands and all others that slialbe possessed there are to be held on the same tearmes and condi- tions as is before mentioned, and as is hereafter in the following para- graphes more at large exprest. And that the lands may be the more regulerlv laid out and all persons the better assertained of their tytles and possessions. You are to take care and direct that all lands he devided bv Generali Lotts, none less then 2200. acres nor more then 2200. acres in each lot t except in Cittyes, Townes &c. and the neare lotts of Towneships and that the same be undeeimally devided ^y part by lott to us our lieires and assignes, the remainder to persons as they come to plant the same in such proportions as is allowed. Item That you or whoeme you shall depute in Case of death of ab- sence, if some one be not before commissionated by us as aforesaid doe give to every person to whome land is due, a warrant signed and sealed by yourselfe and the major parte of vour Councill, and directed to the surveyor Generali or his deputy, commanding him to lev out lymitt and bound acres of land (as his due proportion is) for such a person in such allotment according to which warrant the Register haveing first re- corded the same, and attested the record upon the warrant the Surveyor Generali or his deputy shall proceed and eertifie to the Cheefe Secretary or Register the name of the person, for whome lice hath laid out land, by virtue of what authority, the date of the authority or warrant, the num- ber of acres, the bounds, and on what point of the Compas the several! Lymitts thereof lye, which certificate the Register is likewayse to enter in a booke to be prepared for that purpose, with an alphabetical table refori ng to the booke, that soe the Certificate may be the easyor found, and then to fvlo the Certificate, and the same to keepe safely. 174 COLONIAL RECORDS. The Certificate being entred a warrant comprehending all the partic- culers of Land mentioned in the Certificate aforesaid is to be prepared by the Secrytary, and signed and sealed by you and your Co uncell or the major parte of them as aforesaid (they haveing seene the Entery) and directed to the Register or Cheefc Secrytary for his preparing a graunt of the Land to the party for vvhome it is lcvd out, which graunt shalbe in forme following vizt : The Lords Propryators of the Province of Carolina doe hereby graunt unto, A. B. of the County of in the province aforesaid a planta- tion in the said County of acres English measure bounding (as in the said Certificate) to hold to him (or her) his (or her) heirs or assignes for caver; yielding and paying yearely to the said Lords Propryators their heires or assignes, every 25 th day of March according to the English accompt 4 d of lawfull English money for every of the said acres, to be holden of the manner of in free and Common Soccage the first pay- ment of which rent to begin on the 25 th day of March which shalbe in the yeare of our Lord 1670 according to the English acccompt, given under the Seale of the County of the day of in the yeare of our Lord. To which Instrument the Governor or his deputy hath hereby full Authority to put the Seale of the said County and to subscribe his name, as alsoe the Councell or major parte of them are to subscribe their names, and then the Instrewment or graunt is to be by the Register recorded in a booke of records for that purpose, all which being done according to these Instructions, wee hereby declare the same shalbe effectual in Law for the Injoyment of the said plan 4 and all the benefitts and profitts of and in the same except J pt of mynes of gould and silver paying the rent as afore- said provided that if any plantation soe graunted shall by the space of 3. yeares be neglected to the planted, with a sufficient number of servants as is before mentioned that then it shalbe lawfull for us otherwayse to dis- pose thereof in whole or in parte this graunt notwithstanding. Wee doe alsoe grant convenient proportions of Land for highwayes and for streets not exceeding 100 foote in breadth in Cittyes, townes, Vil- lages &c. for Churches, forts, Wharfes, Keyes, harbours and for publicke houses, and to each parish for the use of their Ministers, 100. acres in such places as the Generali Assembly shall appoint. Item You are to take notice that all such lands leyed out for the uses and purposes in the next proceeding artikle, shalbe free and exempt from all rents, taxes and other charges or dutves whatsoever, payable to us our heires or assignes. COLONIAL RECORDS. 175 Item That in Lying out lands, for Cittyes, Townes, Villages, Bur- roughs or other haniletts, the said lands be undecimally devided ^ parte to be by lott laid out for us, and the rest devided to such as shalbe will- ing to build thereon, they paying after the rate of V per acre yearely to us, as for their other lands as aforesaid which said lands in Cittyes (>.] George Duke of Albemarle Master of his Majesties Horse, Edward Earle of Clarendon, William Earle of Craven, John Lord Berkley Anthony Lord Ashley Chancel of the Exchequer, Sir George Carteret Vice Chamberlain of his Majesty’s household, Sir William Berkley Knight, & Sr. Peter Colleton Baronet, the true and absolute Lords Pro- prietors of all the Province of Carolina. To our trusty and well beloved Samuel Stephens Esq r Governor of our County of Albemarle, & the Isles and Inlets within ten' Leagues thereof, and to our trusty and well beloved, our Counsellors, and adjustants to our said Governor, Greet- ing. — Whereas we have received a petition from the Grand Assembly of the County of Albemarle praying that the Inhabitants of the said County may hold their Lands upon tin* same terms, and conditions that the In- habitants of Virginia hold theirs. And for as much as the said County doth border upon Virginia, and is much of the same nature; we are con- tent, and do grant, that the Inhabitants of said County do hold their lands of us the Lords Proprietors upon the same terms and conditions that the Inhabitants of. Virginia hold theirs. — Werefore be it known COLONIAL RECORDS. 176 unto all men by these presents, that we the said Lords and absolute Pro- prietors of the County within the Province aforesaid, have given, granted, and by these presents do give and grant full Power and Authority unto you our said Govenor by and with the Consent of our Couneel, or the major part thereof, or to any Govenor for the time being or that shall hereafter be by us appointed, full power and authority, by and with the consent of our Couneel then being, or the major part thereof, to convey, and grant such proportions of Land, as by our Instructions and Conses- sions annexed to our Commission, bearing date in October, no Domini 1(567. We have appointed to such persons as shall come into our said County to plant, or inhabit; To be held of us, our heirs and assigns upon the same terms, and Conditions that land is at this present usually granted in Virginia; anything in our Instructions and Concessions afore- said, to the Contrary not withstanding. — And we do hereby declare & consent that the warrant to the Surveyor for the laying out of said Land, and the Return thereof being Registered and also the grant of you our said Govenor, & Counsel, or Govenor and Counsel that shall be when such Land is due, having the Seal of the County affixed to it, and signed by your self, and Major part of our Counsel, for the time being, being Registered, shall be good and effectual in law for the enjoyment of the said Land, or Plantation, and all the benefits and profits of, and in the same; (Except one half of all Gold & Silver mines) to the party to whom it is granted his heirs and assigns forever, he or they performing the Conditions aforesaid, Given under our hands and great seal of our Province, this first day of May, Anno Domini 1668. Albemarle, Cra- ven, John Berkley, Ashley, Carteret, P. Colliton. [B. P. K. O. Colonial Papers. Vol. XXIII. No. 23.] ACCOUNT OF LORD WILLOUGHBY’S PROCEEDINGS FROM Ills FIRST ARRIVAL AT BARBADOES 23 APRIL 1667. BARBADOS. THE BEGINNING AND PROGRESS OF MY PROCEEDINGS HERE FROM MY FIRST ARRIVAL AT BARBADOS APRILL 23 1667 UNTO JULY 13 1668. At my arrivall I found the island under three Governors my sonne Henry Willoughby Col. Henry Hawley & Col. Sam. Banvicke the two COLONIAL RECORDS. 177 latter planters who to ingratiate themselves with the people (though gen- erally hated) endeavored to obstruct all business tending to the King’s honor and to the Countryes safty when anything was proposed that might put the Country to charge This caused such a division betweene the loyally affected (who sided with my sonne Harry) and the factious and seditious spiritts that nowe begin to appeare (of which Barwicke, Lam- bert, Sir John Yeamans, Col. Sharpe Lt. Col. Edwd. Thornbury, Lt. Col. John Horne Col. Philip Bell now of my Council are the head and almost all, that had my arrivall beene protracted tenn dayes longer they had all beene together by the eares. S r John Yeamans another of this Assembly I at my first arrivall re- solveing to appeare indifferent (making him a judg of one of the Courts) the last Assembly then sitting brought an accusation against him for hireing a witness to take away a man’s life and made their request to me that noe such person might be employed in Judicature Upon which I sent for S r John and advised him of it and of my kindnes to him and would he have abided test I profered to stand by him which hee refused and desired me to propose another for which I since understand he had reason, he haveing beene formerly convict of the crime and the man yet alive whose life hee endeavoured to take and for noe other reason but that he had a mind to the other gentleman’s wife His sonne voung Lieut. Coll. Yeamans was one of the Assembly the first day they sate told a Judge of this Island before much company that they (meaning the Assembly) would call mee to an account for shipping of the Country sugar though as yet I have not receaved one ounce. W. WILLOUGHBY Bar. July 22 ’68. 1669. [B. P. R. O. Colonial Entry Book. Vol. 20. r. 39.] COPY OF M r WEST’S COMISION AS COMANDER IN CHIEF. George Duke of Albemarle Cap 1 Gen 11 of all his Maj tiea Forces, Ed- ward Earl of Clarendon William Earl of Craven John L d Berkeley Anthony L d Ashley Chancellor of the Exchequer Sir George Carteret 19 178 COLONIAL RECORDS. Barron 1 Vine Chamberlain of His Maj“ e8 Househould S r Peter Colleton Barron 1 A S r William Berkeley Kn‘ the True & Absolute Lds & Pro- prie tr “ of y e Province of Carolina To our trusty A Wellbeloved Joseph West Greeting We doe hereby constitute A appoint you during our Pleasure Governor A Commander in Chief of our Fleet & y® persons embarqued in it bound for Carolina or that shall embark in our Fleet before its arrival in Barbados over which you are to place officers and cause them to be duly exercised in Amies and to do all A every other thing or things, which under your Charge of a Commander in Chief belongeth And wee by Virtue of His Maj ties Let- ters Pattents bearing date at Westminster v e ‘20 th of June in y® 19 th year of his Reign have power to Grant Commanding all infered officers of our said Fleet & Forces you to obey as their Comander in Chief ac- cording to this our Commission A the Power thereby given unto you. And you yourself also are to observe & follow such order and Direction as from time to time you shall receive from us A in all things to Govern yourself as unto y® duty & place of a Governor & Comander in Chief doth belong which place you are to Execute till another Governor for that part of our province that lyes to the Southward or Westward off Cape Carterett shall appear Which Comission under our Hands A Great Seale of our Province to whom you are then to submitt A this Comission to become voyd to all intents A purposes given under our hands and the Great Seale of our Province this 27 th of July 1669. [B. P. R. O. Colonial Entry Book. Vol. 20. p. 33.] LETTER TO HENRY BRAINE. M r Henry Branie von are under theComand of M r Joseph West (whom we have apointed Com dr in Chief of our Fleet till their arrival at Babados) to saile to Kinsal in Ireland A from thence to Barbados as he shall direct A order you A when you are at Barbados you are to observe the orders of our Governor for your proceedings to Port Rovall, and to return from Port Rovall to Barbados or to Virginia as you shall be directed by M r John Yeamans M r Thomas Colleton A M r Kingsland A there take in passengers & other fraught for Port Rovall, if you goto Virginia you are to apply yourselfeto M r William Burgh in Chocatuek creek in James River in whose hands von shall finde Instructions what von are to do if COLONIAL RECORDS. 179 you come to Barbados you are to deliver what goods you shall bring from Port Royall for the Proprietors ace 0 to M r John Hallet & take his <& M r Thomas Colletons Advice for your proceedings from thence either to saltordudos & Virginia or to Virginia directly or back to Port Royall. When you are at Port Royall you are to consult with M r West & our Governor thereto what Port you shall goewhen you goe from thence A are to sail to that Port that any two of you three shall agree on all being present at the Consultation if alive. You are from time to time to send us an account of your Proceedings what fraught your ship hath made, and what you have delivered into the hands of our Factors or any of our Agents. [B. P. R. O. Col: Ent: Book. No. 20. p. 46.] AT A MEETING OF THE PROPRIATORS OF CAROLINA HELD AT THE COCKPITT THE 21 st OF OCTOBER 16(19. Present The Duke of Albemarle The Earl of Craven The Lord Berkeley The Lord Ashley Sir George Carterett Sir Peter Colleton The Duke of Albemarle was elected the first Pallatin of Carolina. The Earle of Craven the first High Constable The Lord Berkeley the first Chancellor The Lord Ashley the first Chief Justice Sir George Carteret the first Admirall Sir Peter Colleton the first High Steward. 1 80 COLONIAL RECORDS. 1670. [B. P. R. 0. Col: Ent: Book. No. 20. p. 47.] AT A MEETING OF THE PROPRIETORS OF CAROLINA AT SIR GEORGE CARTERETTS LODGINGS AT WHITEHALL THE 20 th OF JANUARY 1GG9. [70] Present The Earle of Craven The Lord Berkeley The Lord Ashley Sir George Carteret Sir Peter Colleton Sir Tho : Clarges for Christopher Duke of Albemarle George Duke of Albemarle the first pallatin of Carolina being dead The Lord Berkeley being the eldest in years of the surviving proprietors succeeded him and was admitted the second pallatin of Carolina. The Earle of Craven continued his place of Constable The Lord Ashley continued his place of Chief Justice Sir George Carteret continued his place of Admirall Sir Peter Colleton quitted his place of high Steward and made election of that of Chancellor The Duke of Albemarle sent his Comission to his Deputy in Albemarle county by the tytle of Treasurer. The Lord Berkeley Pallatin comissionated Samuell Stephens to be his Deputy and Governor of Albemarle. The Earle of Craven deputed John Jenkins The Lord Ashley M r John Willughby Sir George Carteret M r Peter Carteret Sir Peter Colleton M r Godfry The Duke of Albemarle sent a blank to the Governor. 0 COLONIAL RECORDS. 181 [B. P. R. O. Col: Ent: Book. No. 20. p. 52.] INSTRUCTIONS TO THE GOVERNOR AND COUNCELL OF ALBEMARLE. Wee haveing agreed upon the Modell of Government herewith sent you Signed and Sealed by us to be the fundamentall Constitutions and forme of Government of our Province of Carolina for ever And not being able at present to putt it fully in practise by reason of the want of Landgraves and Cassiques and a sufficient number of people However intending to come as nigh it as we eann in the present state of affairs in all the Collony of our said Province you are therefore required 1. As soon as conveniently you cann after the receipt of theise our In- structions in our names to Issue out writts to the Power Precincts of the County of Albemarle requireing each of them to elect five freeholders to be their representatives to whom the five persons chosen by us being added and who for the present represent the Nobillity are to be your Assembly They haveing chosen their Speaker you are in our names to require them to elect five persons which being joyned to those five deputed by us are to be your Councell by whose advice and consent or at least the major part of sixe of them all being summoned you are to governe according to the limitations and Instructions following observing what cann at present be put in practice of our Fundamentall Constitutions and forme of Government which Councell for the present to be in steed of the Grand Councell mentioned in our fundamentall Constitutions and form of Government And exercise the same powers and Jurisdictions the said Grand Councell is to doe bv vour fundamentall Constitutions and forme of Government 2. You are to cause all persons soe chosen to sweare Alleageance to our Soveraigne Lord the King, and Fidellitv and submission to the Proprie- tors and the form of Government by them established; but in case any man for Religion sake be not free to sweare then shall lie subscribe the same in a Book for that case provided which shall be deemed the same with swearing. 3. Yourselfe and the five Deputes of the respective proprietors are to represent the Pallatines Court and exercise the same Jurisdictions and powers that by our fundamentall Constitutions and forme of Government to that Court doth appertaine. 182 COLONIAL RECORDS. 4. You are by and with the consent of the Councell to establish such Courts and soe many as you shall for the present think fitt for the admin- istration of Justice till our Grand Modell of Government cann come to be putt in execution. 5. You are by and with the Consent of the Assembly to make such laws as you shall from time to time find necessary, which laws being rat- tified by you and any three of our five deputy s shall be in force as is in that case provided in the Twelfth and other Articles of our fundamentall constitutions and forme of Government. You are as soon as conveniently you cann to cause the Surveyor Generali to divide the Country into squares of 12000. acres By which we intend not to alter any mans Right but that those measures and rules that We have agreed on in our funda- mentall Constitutions and forme of Government may the sooner and easier come to be putt in practice amongst you. 6. You are to take notice that we doe grant unto all Free persons that doe come to plant in Carolina before the 25 th of December 1672 And are above the age of sixteene yeares, sixty acres of Land And to the said Free persons for every able man servant with a good fverlocke 10 lb9 of powder and twenty pounds of Bullet sixty acres For every other sort of servant fifty acres And to each of the said servants when out of their time fifty acres to his or her proper use and behoofe and to their heirs &c for ever. 7. Any person haveing transported himselfe or servants into the County to plant shall make the same appeare to yourselfe and Couneill who shall thereupon issue out a warrant to the Surveyor Generali to lay him out a parcell of Land according to the Proportion mentioned in theise our instructions And the Surveyor haveing done the same And the war- rant with the Surveyor Generali’s returne thereon being recorded And the person to whom this land is granted haveing sworne or subscribed Alleageance to our Soveraigne Lord the King and fidellity and submis- sion to the Lords Proprietors and their fundamentall Constitutions and forme of Government You are under the Seale for that use provided to passe this following grant. John Lord Berkeley of Stratton Lord Lieutenant of the King-dome of Ireland and Pallatine of Carolina and the rest of the true and absolute Lords and Proprietors of Carolina To all persons to whom theise pres- ents shall come greeting in our Lord God everlasting. Know yee that we the said Lords and absolute Proprietors according to our Instructions dated at Whitehall the day of January 1669 Remaining upon Record in the County of Albemarle in the Province COLONIAL RECORDS. 183 aforesaid Doe hereby grant unto A. B. of the said County planter a Plantation containing acres of land English measure lying and being in the Precinct of A. in the said County bounded N the said Land being due to the said A. B. by and for the transportation into this County of persons whose names are upon Record under this Pattent. To have and to hould the said Plantation unto the said A. B. his heirs and As- signes forever with Priviledge of Hawking Hunting, Fishing and fowl- ing with all woods and trees, with what else is there standing, growing and being except all mines, and mineralls, and all quarrys of Jemins and pretious Stones. Yeilding and paying therefore unto us our Heirs and Successors yearely every twenty fifth day of March according to the English accompt one halfe penny of lawfull English money or the val- lew thereof for every of the said acres to be houlden of us in Free and Common Soccage the first payement of the Rent to begin the five and twentieth day of March which shall be in the yeare 1370 Provided alwaies that if the said Land be not seated within one yeare after the date hereof then this Pattent to be void else to stand in full force Given at under the seale of our County of Albemarle this day of A. D. 1670. Being the sixth yeare of our possession of our Province of Carolina. Witness Peter Cartrett Esq 1 ' 6 Governor and Commander in Cheife of our said County and our trusty and wel be- loved our Councellors who have hereunto sett their hands the day and yeare above said. [B. P. R. O. Col: Ent: Book. No. 20. p. 48.] ACTS OF THE ASSEMBLY OF ALBEMARLE R ATT I FI ED AND CONFIRMED BY THE PROPRIE- TORS THE 20 th «J A N rT 1669 (-70). AN ACT PROHIBITING SC KING OK ANY PERSON WITHIN 5. YEA RES. Whereas there hath not binn sufficient Encouragement hitherto granted to persons transporting themselves and Estates into this County to plant or inhabit. For remedy whereof be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of this present grand Assembly and the authority thereof that noe person transporting themselves into this County after the date hereof shall be lvable to be sued during the terme and space of five yeares after their Arrival for any 184 COLONIAL RECORDS. debt contracted or cause of action given without the County and that noe person liveing in this County shall on any pretence whatsoever receive any letter of Attorney Hill or account to recover any debt within the time above mentioned of a J)ebtor liveing here with out the said Debtor freely consent to it. AN ACT CONCERNING MARRIAGES. Forasmuch as there maybe divers people that are minded tobejoyned together in the holy state of Wedlock and for that there is noe minister as yet in this County by whom the said Partyes may be joyned in Wed- lock according to the rites and customs of our native Country the King- dome of England that none may be hindred from this soe necessarv a worke for the preservation of Mankind and setlement of this Countv it is enacted And be it enacted by the Pallatine and Lords Proprietors of Carolina by and with the advice and consent of the Present Grand Assem- bly and authority thereof that any two persons desiring to be joyned to- gether in the holy state of matrimony takeing three or fower of their Neighbours along with them and repairing to the Governor or anv one of the Councell before him declaring that they doe joyne together in the holy state of Wedlock And doe accept one the other for man and wife ; and the said Governor or Councellor before whom such act is performed giveing Certificate thereof and the said Certificate being registered in the Secrytary’s Office or by the Register of the Precinct or in such other Office as shall hereafter for that use be provided It shall be deemed a Lawfull Marriage and the partyes violating this Marriage shall be pun- ishable as if they had binn marryed by a minister according to the rites and Customs of England. AN ACT CONCERNING TRANSFERRING OF RIGHTS. There being divers persons who resort into this County and perhapps in a short time leave it againe yett neverthelesse whilst they are here, they make sale of their Rights to land which thing may prove very prejudi- ciall to our Lords Proprietors and to the speedy setlement of this County be it therefore enacted by the Pallatine and Lords Proprietors bv and with the advice and consent of this present Grand Assembly That noe person or persons whatsoever shall make sale of their Right or Rights to land untill he hath binn two compleate years at least an inhabitant in the County. COLONIAL RECORDS. 185 AX ACT EXEMPTING NEW COMMER.S FROM PAYING LEVYS FOR ONE YEA RE. Bee it enacted hv the Pallatineand Lords Proprietors and with the ad- vice and consent of the Grand Assembly and the authority thereof that anv person or persons transporting themselves and Families into this Conntv to plant and here seat themselves shall be exempted from paying lews for one whole veare after their arrival!. Provided always there be noe emergent charge which the Vice Pallatine Counsell and Assembly shall judge extraordinary. AN ACT AGAINST INGROCERS. Whereas divers adventurers have transported Commodyties into this County which hath binn engrosed by some particular persons to retaile again at unreasonable rates to the Inhabitants of this County to prevent which inconvenience for the future It is enacted and be it enacted by the Pallatine and Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof that any person what- soever within this County that shall after the Publication hereof presume to engrose any quantity of goods from any adventurer to sell and retaile againe at unreasonable rates to the Inhabitants shall forfeit for every such offence tenn thousand pounds of tobacco, the one halfe to the in- former, the other halfe to the use of the Lords Proprietors. And it is hereby further declared and enacted by the authority afore- said that any person or persons that shall buy goods of any Adventurer and retaile the same except he eann in tenn days produce to the vallew of the said Goods so purchased of his owne proper Tobacco or Estate according to the bargaine in kinde he shall be deemed an Ingrocer and proceed against as in this act for that case is provided. Provided never- theless that this Act shall not extend to the Prohibiting anyone that shall keep Shopp or retaile any sorte of Comodytys in any Towne that is or shall be erected by the Lords Proprietors or by their order. AN ACT CONCERNING DEFRAYING THE CHARGE OF THE GOVERNOR AND COUNCELIj. Whereas there hath never any course been taken for the defraying the necessary charge of the Governor and Councell in time of Courte And for as much as the Grand Assembly doe thinke it unreasonable that they should spend their times in the service of the County and not have their 20 18(5 COLONIAL RECORDS. Charges borne, be it therefore enacted by the Pallatine and Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof That there be thirty pounds of Tobacco levyed upon every Action that comes into Courte from him that is cast and that it be levyed and collected bv the Sheriff with his fees And disposed of by order of the Governor and Councell for defraying their ordinary charge. AN ACT WHAT LAND MEN SHALL HOULD [N ONE DEVIDEND. Whereas there are divers men that have right to great tracts land, and not nigh people enough to manure and people the same, by which means the Country will great part thereof lye unseated and unpeopled which may prove prejudieiall to the safety and interest of the Right Honorable the Lords Proprietors of the County For prevention“whereof it is there- fore enacted and be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of the Grand Assembly and authority thereof that noo person or persons whatsoever he be within this County under the degree of a Proprietor, Landgrave or Cassique shall have Lib- erty for the space of five yeares next ensueing to survey or ley out above six hundred and sixty acres of Land in one devidend that soethe County may be the speedier seated, without express leave obtained from the Lords Proprietors. And it is hereby further enacted that there shall not bee granted in any warrant any quantity of Land but what is allowed according to the Quallity of the right and is exprest in the Proprietors Instructions, con- cessions or fundamental! Constitutions or forme of Government. AN ACT FOR THE SPEEDIER SEATING OF LAND. Whereas there are severall of the Inhabitants within this County that formerly did cleare some small quantity of Land and build some houses thereon which now have forsaken it espetially on South Lanchester side of the west of Chowan and other parts of the County And in as much as the said Land lyes voyd and implanted which proves a hindrance to the Setlement of the County Be it therefore enacted by the Pallatine and Lords Proprietors by and with the advice and consent of this present Grand Assembly and the authority thereof That if any person or per- sons that have bestowed any Labour as above said on any Land within the County shall not repaire to it and seat the same within sixe months after the publication hereof that then it shall and may be lawfull for the Governor and Councell to lett it out to any other person to doe it The COLONIAL RECORDS. 187 party to whom it i.s soe lett out paying to the first labourer so much as it shall be adjudged by fower honest men to be worth. AN ACT PROHIBITING STRANGERS TRADING WITH THE INDIANS. For as much as there is often recourse of Strangers from other parts into this County to truck and trade with the Indians which is conceived may prove very prejudicial] Wherefore be it enacted by the Pallatine and Lords Proprietors by and with the advice and consent of the Grand As- sembly and the authority thereof that if any person or persons of what quallity or Condition soever they be shall presume to come into this County to truck or trade with any of our neighbouring Indians belong- ing to the County or that shall be found to have any Indian trade pur- chased from them or being found or appearing that they come to trade with any Indians as aforesaid Whether in their Townes or elsewhere within the County which is hereby left for the Magistrate to judge it shall bee lawfull for any person or persons to apprehend any such per- sons or Forreigners that shall be found amongst the Indians or elsewhere within the li mitts of the County and him or them bring before the Gov- ernor or any one of the Councell who shall hereby have power to comitt them to prison there to abide till they have paid tenn thousand pounds of tobacco and easke otherwise to stand to the censure of the Vice Palla- tine and Councell And it is further declared that whatsoever Trade is found with the person apprehended One halfe thereof and one halfe of the fine shall belong to the Apprehendor and the other halfe to the Lords Proprietors. The fore going Acts weare past againe the L r ) th of October and sent per M r Nixon. [Reprinted from Revised Statutes of North Carolina, Vol. IT, Page 449.] THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA, DRAWN UP BY JOHN LOCKE, MARCH 1, 1669. (See Locke’s Works, 8th edition, volume 10, page 175.) Our sovereign Lord the King, having out of his royal grace and bounty, granted unto us the Province of Carolina, with all the royalties, proper- ties, jurisdictions and priviledges of a County Palatine, as large and ample as the County Palatine of Durham, with other great Priviledges; 188 COLONIAL RECORDS. lor the better settlement of the government of the said place, and estab- lishing' the interest of the Lords Proprietors with equality, and without confusion; and that the government of this Province may be made most agreeable to the Monarchy under which we live, and of which this Prov- ince is a part; and that we may avoid erecting a numerous democracy: AVc, the Lords and proprietors of the Province aforesaid, have agreed to this following form of government, to be perpetually established amongst us, unto which we do oblige ourselves, our heir.-? and successors, in the most binding ways that can be devised. 1st. The eldest of the Lords Proprietors shall be Palatine; and upon the decease of the Palatine the eldest of the seven surviving proprietors shall always succeed him. 2d. There shall be seven other chief officers erected, viz. the Admirals, Chamberlains, Chancellors, Constables, Chief Justices, High Stewards and Treasurers ; which places shall be enjoyed by none but the Lords Proprietors, to be assigned at first by lot; and upon the vacancy of any one of the seven great offices, by death or otherwise, the eldest proprietor shall have his choice of the said place. 3d. The whole Province shall be divided into Counties; each county shall consist of eight signories, eight baronies and four precincts; each precinct shall consist of six colonies. 4th. Each signorv, barony, and colony, shall consist of twelve thou- sand acres, the eight signories being the share of the eight proprietors, and the eight baronies of the nobility; both which shares, Joeing each of them one fifth of the whole, are to be perpetually annexed, the one to the proprietors and the other to the hereditary nobility ; leaving the colonies, being three fifths, amongst the people; so that in setting out and plant- ing the lands, the balance of the government may be preserved. 5th. At any time before the year one thousand, seven hundred and one, any of the lords proprietors shall have power to relinquish, alienate and dispose to any other person, his proprietorship, and all the signories, powers, and interest, thereunto belonging, wholly and inti roly together, and not otherwise. But after the year one thousand, seven hundred, those who are then Lords Proprietors, shall not have power to alienate, or make over their proprietorship, with the signories and priviledges thereunto belonging or any part thereof to any person whatsoever, other- wise than in section 18th; but it shall all descend unto their heirs male; and for want of heirs male, it shall descend on that Landgrave, or Ca- sique, of Carolina, who is descended of the next heirs female of the pro- prietor; and for want of such heirs, it shall descend on the next heir COLONIAL RECORDS. 189 general ; and for want of such heirs, the remaining seven proprietors shall upon the vacancy, choose a Landgrave to succeed the deceased pro- prietors, who being chosen by the majority of the seven surviving pro- prietors, he and his heirs, successively, shall be proprietors, as fully, to all intents and purposes, as anv of the rest. 6th. That the number of eight proprietors may be constantly kept ; if upon the vacancy of any proprietorship, the seven surviving proprietors shall not choose a Landgrave to be a proprietor, before the second bien- nial parliament after the vacancy, then the next biennial parliament but one, after such vacancy shall have power to choose any Landgrave to be a proprietor. 7th. Whosoever after the year one thousand seven hundred, either by inheritance or choice, shall succeed any proprietor in his proprietorship and signories thereunto belonging, shall be obliged to take the name and arms of that proprietor whom he succeeds, which from thenceforth shall be the name and arms of his family and their posterity. 8th. Whatsoever Landgrave or Casique shall any way come to be a proprietor, shall take the signories annexed to the said proprietorship: but his former dignity, with the baronies annexed, shall devolve into the hands of the Lords Proprietors. 9th. There shall be just as many Landgraves as there are counties, and twice as many Casiques, and no more. These shall be the hereditary nobility of the Province, and by right of their dignity be members of parliament. Each Landgrave shall have four baronies, and each Casique two baronies, hereditarily and unalterably annexed to and settled upon the said dignity. 10th. The first Landgraves and Casiques, of the twelve first counties to be planted, shall be nominated thus, that is to say, of the twelve Landgraves, the Lords Proprietors shall each of them separately for himself, nominate and choose one; and the remaining four Landgraves of the first twelve shall be nominated and chosen by the Palatine’s court. In like manner of the twentyfour first Casiques, each proprietor for himself shall nominate and choose two, and the remaining eight shall be nomi- nated and chosen by the palatine’s court ; and when the twelve first coun- ties shall be planted, the Lords Proprietors shall again, in the same man- ner, nominate and choose twelve more Landgraves, and twentyfour more Casiques, tor the next twelve counties to be planted; that is to say, two thirds of each number, by the single nomination of each proprietor for himself, and the remaining third by the joint election of the palatine’s court ; and so proceed in the same manner, till the whole province of 1 !)<) COLONIAL RECORDS. Carolina be set out and planted, according to the proportions in these fun- damental constitutions. 11th. Any Landgrave or Casique, at any time before the year one thousand seven hundred and one, shall have power to alienate, sell or make over to any other person, his dignity, with the baronies thereunto belonging, all inti rely together; but after the year one thousand, seven hundred, no Landgrave or Casique shall have power to alienate, sell, make over, or let the hereditary baronies of his dignity, or any part thereof, otherwise than as in section 18th; but they shall all intirely, with the dignity thereunto belonging, descend unto his heirs male; and for want of heirs male, all intirely and undivided, to the next heir gen- eral ; and for want of such heirs shall devolve into the hands of the Lords proprietors. 12th. That the due number of Landgraves and Casiques, may be always kept up; if upon the devolution of any landgraveship, or Casiqueship, the palatine’s court shall not settle the devolved dignity, with baronies thereunto annexed, before the second biennial parliament, after such devolution, the next biennial parliament but one, after such devolution, shall have power to make any one landgrave or casique, in the room of him who dying without heirs, his dignity and baronies devolved. 13th. No one person shall have more than onedignity, with the signiories or baronies thereunto belonging. But whensoever it shall happen, that any one who is already Proprietor, Landgrave, or Casique, shall have any of these dignities descend to him bv inheritance, it shall be at his choice to keep which of the dignities, with the lands annexed, he shall like best; but shall leave the other, with the lands annexed, to be enjoyed by him, who not being his heir apparent, and certain successor to his present dig- nity, is next of blood. 14th. Whosoever by right of inheritance, shall come to be Landgrave or Casique, shall take the name and arms of his predecessor in that dig- nity, to be from thenceforth the name and arms of his family and their posterity. loth. Since the dignity of Proprietor, Landgrave or Casique, cannot be divided, and the signiories or baronies, thereunto annexed, must for- ever all intirely descend with and accompany that dignity; whensoever for want of heirs male, it shall descend on the issue female, the eldest daughter and her heirs shall be preferred, and in the inheritance of those dignities, and in the signiories or baronies annexed, there shall be no co- heirs. COLONIAL RECORDS. 191 16th. In every signiory, barony, and manor, the respective Lord shall have power in his own name to hold court leet there, for trying of all causes, both civil and criminal ; but where it shall concern any person being no inhabitant, vassal, or leet man, of the said signiory, barony or manor, he upon paying down of forty shillings, for the Lords Proprie- tors’ use, shall have an appeal from the signiory, or barony court, to the county court, and from the manor court to the precinct court. 17th. Every manor shall consist of not less than three thousand acres, and not above twelve thousand acres, in one intire piece and colony; but any three thousand acres or more, in one piece, and the possession of one man, shall not be a manor, unless it be constituted a manor by the grant of the palatine’s court. 18th. The Lords of signiories and baronies, shall have power only of granting estates not exceeding three lives, or twentyone years, in two thirds of the said signiories, or baronies, and the remaining third shall be always demesne. 19th. Any Lord of a manor, may alienate, sell, or dispose to anv other person and his heirs forever, his manor all intirely together, with all the priviledges and leet men, thereunto belonging, so far forth as any colony lands; but no grant of any part thereof, either in fee or for any longer term than three lives, or one and twenty years, shall be .good against the next heir. 20th. No manor, for want of issue male, shall be divided amongst co- heirs; but the manor, if there be but one, shall all intirely descend to the eldest daughter and her heirs. If there be more manors than one, the eldest daughter first shall have her choice, the second next, and so on, beginning again at the eldest until all the manors betaken up; that so the priviledges which belong to manors, being indivisible, the lands of the manors, to which they are annexed, may be kept intire, and the manor not lose those priviledges, which upon parcelling out to several owners must necessarily cease. 21st. Every Lord of a manor, within his own manor, shall have all the powers, jurisdictions and priviledges, which a Landgrave or Casique hath in his baronies. 22d. In every signiory, barony and manor, all the leet men shall lie under the jurisdiction of the respective Lords of the said signiory, barony or manor, without appeal from him. Nor shall any leet man, or leet woman have liberty to go oil’ from the land of their particular Lord and live any where else, without license obtained from their said Lord, under hand and seal. COLONIAL RECORDS. 1 5)2 23d. All the children of leet men, shall he leet men, and so to all gen- erations. 24th. No man shall he capable of having a court leet, or leet men, hut a Proprietor, Landgrave, Oasiqne, or Lord of a manor. 2oth. Whoever shall voluntarily enter himself a leet man, in the reg- istry of the county court, shall he a leet man. 2(ith. Whoever is Lord of leet men, shall upon the marriage of a leet man, or leet woman of his, give them ten acres of land, for their lives, they paying to him therefore, not more than one eighth part of all the yearly produce and growth of the said ten acres. 27th. No Landgrave or Casique, shall he tried for any criminal cause, in any hut the Chief-justice’s court, and that by a jury of his peers. 28th. There shall he eight supreme Courts. The first called the pal- atine’s court, consisting of the Palatine and the other seven Proprietors. The other seven courts, of the other seven great officers, shall consist each of them of a Proprietor, and six counsellors added to him. Under each of these latter seven courts, shall he a college of twelve assistants. The twelve assistants of the several colleges, shall he chosen, two out of the Landgraves, Casiques, or eldest sons of the Proprietors, by the palatine’s court: two out of the Landgraves, by the Landgraves’ chamber; two out of the Casiques, by the Casiques’ chamber; four more of the twelve shall be chosen by the Common’s chamber, out of such as have been or are members of parliament, sheriffs, or justices of the county court, or the younger sons of Proprietors, or the eldest sons of Landgraves or Casiques; the two others shall he chosen by the Palatine’s court, out of the same sort of persons out of which the common’s chamber is to choose. 29th. Out of these colleges, shall he chosen at first hv the palatine’s court, six counsellors to he joined with each Proprietor in his court; of which six, one shall he of those, who were chosen into any of the col- leges by the palatine’s court, out of the Landgraves, Casiques, or eldest sons of Proprietor’s; one, out of those who were chosen by the Land- grave’s chamber; one, out of those who were chosen by the Casique’s chamber; two, out of those who were chosen by the Common’s chamber : and one out of those who were chosen by the Palatine’s court, out of the Proprietor’s younger sons, or eldest sons of Landgraves, Casiques, or Commons qualified as aforesaid. 30th. When it shall happen that any counsellor dies, and thereby there is a vacancy; the grand council shall have power to remove any counsel- lor that is willing to be removed out of any of the Proprietor’s courts, to fill up the vacancy, provided they take a man of the same degree and COLONIAL RECORDS. 193 choice the other was of, whose place is to be tilled up. But if no coun- sellor consent to be removed, or upon such remove the last remaining vacant place, in any of the Proprietor’s courts, shall be til led up by tlu: choice of the grand council, who shall have power to remove out of any of the colleges, any assistant who is of the same degree alid choice that counsellor was of, into whose vacant place he is to succeed. The grand counsil also, have power to remove any assistant, that is willing, out of one college into another, provided he be of the same degree and choice. But the last remaining vacant place in any college, shall be filled up by the same choice, and out of the same degree of persons the assistant was of, who is dead or removed. No place shall be vacant in any Proprie- tor’s court above six months. No place shall be vacant in any college, longer than the next session of parliament. 31st. No man being a member of the grand council, or of any of the seven colleges, shall be turned out, but for misdemeanour, of which the grand council shall be judge; and the vacancy of the person so put out, shall be filled, not by the election of the grand council, but by those who first chose him, and out of the same degree he was of, who is expelled. But it is not hereby to be understood, that the grand council hath any power to turn out any one of the Lords Proprietors, or their deputies ; the Lords Proprietors having in themselves, an inherent original right. 32d. All elections in the parliament, in the several chambers of the parliament, and in the grand council, shall be passed by balloting. 33d. The Palatine’s court shall consist of the. palatine, and seven Pro- prietors, wherein nothing shall be acted without the presence and consent of the Palatine or his deputy, and three other of the Proprietors or their deputies. This court shall have power to call Parliaments, to pardon all offences, to make elections of all officers in the Proprietor’s dispose, and to nominate and appoint port townes; and also shall have power by their order to the treasurer, to dispose of all public treasure, excepting money granted bv the Parliament, and by them directed to some partic- ular public use; and shall also have a negative upon all acts, orders, votes and judgments of the grand council and the parliament, except only as in Six-. 6th and Pith, and shall have all the powers granted to the Lords Proprietors, by their patent from our sovereign lord the king, except in such things as are limited by these fundamental constitutions. 34th. The Palatine himself, when he in person shall be either in the army, or any of the Proprietor’s courts, shall then have the power of general, or of that Proprietor in whose court he is then present, and the 104 COLONIAL RECORDS. Proprietor in whose court the Palatine then presides, shall during his presence there, be but as one of the council. 35th. The chancellor’s court, consisting of one of the Proprietors, and his six counsellors, who shall be called vice chancellors, shall have the custody of the seal of the Palatine, under which charters of lands or otherwise, commissions and grants of the Palatine’s court, shall pass. And it shall not be lawful to put the seal of the Palatinate to any writ- ing, which is not signed by the Palatine or his deputy, and three other Proprietors or their deputies. To this court also belong all state matters, despatches, and treaties with the neighbour Indians. To this court also belong all invasions of the law, of liberty, of conscience, and all inva- sions of the public peace, upon pretence of religion, as also the license of printing. The twelve assistants belonging to this court, shall be called recorders. 36th. Whatever passes under the seal of the Palatinate, shall be registered in that proprietor’s court to which the matter therein contained, belongs. 37th. The Chancellor or his deputy, shall be always speaker in Par- liament, and president of the grand council, and in his and his deputy’s absence, one of the vice chancellors. 38th. The Chief Justice’s Court consisting of one of the proprietors and six counsellors, who shall be called justices of' the bench, shall judge all appeals in cases both civil and criminal, except all such cases as shall be under the jurisdiction and cognizance of any other of the Proprietor’s courts, which shall be tried in those courts respectively. The govern- ment and regulation of registries of writings and contracts, shall belong to the jurisdiction of this court. The twelve assistants of this court, shall be called masters. 39th. The Constable’s Court, consisting of one of the Proprietors and his six counsellors, who shall be called Marshalls shall order and deter- mine of all military affairs bv land, and all land forces, arms, ammuni- tion, artillery, garrisons and forts, &e. and whatever belongs unto war. I Tis twelve assistants shall be called Lieutenant Generals. 40th. In time of actual war, the Constable while he is in the army, shall be general of the army; and the six Counsellors, or such of them as the Palatine’s Court shall for that time or service appoint, shall be the immediate great officers under him, and the Lieutenant Generals next to them. 41st. The Admiral’s Court, consisting of one of the Proprietors, and his six Counsellors, called Consuls, shall have the care and inspection COLONIAL RECORDS. 195 over all ports, moles, and navigable rivers so far as the tide flows, and also all the public shipping of Carolina, and stores thereunto belonging, and all maritime affairs. This court also shall have the power of the court of admiralty ; and shall have power to constitute Judges in port towns, to try cases belonging to law-merchant, as shall be most conven- ient for trade. The twelve assistants belonging to this court, shall be called proconsuls. 42d. In time of actual war, the admiral whilst he is at sea, shall com- mand in chief, and his six counsellors, or such of them as the Palatine’s Court shall for that time or service appoint, shall be the immediate great officers under him, and the proconsuls next to them. 43d. The treasurer’s court, consisting of a proprietor and his six coun- sellors, called under treasurers, shall take care of all matters that concern the public revenue and treasury. The twelve assistants shall be called Auditors. 44th. The high Steward’s Court, consisting of a proprietor and his six counsellors, called comptrollers, shall have the care of all foreign and domestic trade, manufactures, public buildings, work houses, highways, passages by water above the flood of the tide, drains, sewers, and banks against inundations, bridges, posts, carriers, fairs, markets, corruption or infection of the common air or water, and all things in order to the pub- lic commerce and health; also, setting out and surveying of lands; and also setting out and appointing places for towns to be built on, in the precincts, and the prescribing and determining the figure and bigness of the said towns according to such models as the said courts shall order; contrary or differing from which models, it shall not be lawful for any one to build in any town. This court shall have power also to make any public building, or any new highway, or enlarge any old highway upon any man’s land whatsoever; as also to make cuts, channels, banks, locks and bridges for making rivers navigable, or for draining fens, or any other public use. The damage the owner of such lands (on or through which any such public things shall be made) shall receive thereby, shall be valued, and satisfaction made, by such ways as the grand council shall appoint. The twelve assistants belonging to this court shall be called surveyors. 45th. The Chamberlain’s Court, consisting of a Proprietor and six Counsellors, called vice chamberlains, shall have the care of all cere- monies, precedency, heraldry, reception of public messengers, pedigrees, the registry of all births, burials and marriages, legitimation, and all cases concerning matrimony, or arising from it, and shall also have power to COLONIAL RECORDS. 1 96 regulate all fashions, habits, badges, games and spurts. To this Court it shall also belong, to oonvocate the grand council. The twelve assistants belonging to this Court, shall be called Provosts. 46th. All causes belonging to, or under the jurisdiction of any of the Proprietor’s Courts, shall in them respectively be tried, and ultimately determined, without any further appeal. 47th. The Proprietor’s Courts shall have a power to mitigate all fines, and suspend all execution in criminal causes, either before or after sen- tence, in any of the other inferior courts respectively. 48th. In all debates, hearings or trials in any of the Proprietor’s Courts, the twelve assistants belonging to the said courts respectively, shall have liberty to be present, but shall not interpose unless their opin- ions be required, nor have any vote at all; but their business shall be, by the direction of the respective courts, to prepare such business as shall be committed to them; as also to bear such offices, and dispatch such affairs, either where the court is kept, or elsewhere, as the court shall think fit. 49th. In all the Proprietor’s Courts, the Proprietor and any three of his Counsellors shall make a quorum; provided always, that for the bet- ter despatch of business, it shall be in the power of the Palatine’s Court to direct what sort of causes shall be heard and determined by a quorum of any three. 50th. The grand council shall consist of the Palatine and seven Pro- prietors, and the fortvtwo Counsellors of the several Proprietor’s Courts, who shall have power to determine any controversy that may arise be- tween anv of the Proprietor’s Courts, about their respective jurisdictions, or between the members of the same court, about their manner and methods of proceedings; to make peace and war, leagues, treaties, &c., with any of the neighbour Indians; to issue out their general orders to the Constable’s and Admiral’s Courts, for the raising, disposing, or disband- ing the forces, by land or by sea. 51st. The grand council shall prepare all matters to be proposed in Parliament. Nor shall any matter whatsoever, be proposed in Parlia- ment, but what has first passed the grand council; which after having been read, three several days in the. Parliament, shall by majority of votes, be passed or rejected. 52d. The grand council shall always be judges of all causes and ap- peals that concern the Palatine, or any of the Lords Proprietors, or any Counsellor of' any Proprietor’s Court, in any cause which should other- wise have been tried in the court of which the said Counsellor is Judge himself. COLONIAL RECORDS. 197 53d. The grand council by their warrants to the Treasurer’s Court, shall dispose of all the money given by the Parliament, and by them directed to any particular public use. 54th. The quorum of the grand council shall be thirteen, whereof a Proprietor or his deputy shall be always one. 55th. The grand council shall meet the first Tuesday in every month, and as much oftener as either they shall think fit, or they shall be eonvo- cated by the Chamberlain’s Court. 56th. The Palatine, or any of the Lords Proprietors, shall have power, under hand and seal, to be registered in the grand council, to make a deputy, who shall have the same power to all intents and purposes, as he himself, who deputes him; except in confirming acts of Parliament as in Sec. 76th, and except also in nominating and choosing Landgraves and Casiques, as in Sec. 10th. All such deputations, shall cease and de- termine at the end of four years, and at any time shall be revocable, at the pleasure of the deputator. 57th. No deputy of any Proprietor shall have any power, whilst the deputator is in any part of Carolina, except the Proprietor, whose deputy he is, be a minor. 58th. During the minority of any Proprietor, his guardian shall have power to constitute and appoint his deputy. 59th. The eldest of the Lords Proprietors who shall be personally in Carolina, shall of course be the Palatine’s deputy, and if no proprietor be in Carolina, he shall choose his deputy out of the heirs apparent of any of the Proprietors, if any such be there; and if there be no heir appa- rent of any of the Lords Proprietors, above one and twenty rears old in Carolina, then he shall choose for deputy, any one of the Landgraves of the grand council; till he have by deputation under hand and seal, chosen any one of the fore-mentioned heirs apparent, or Landgraves, to be his deputy, the eldest man of the Landgraves, and for want of a Landgrave, the eldest man of the Casiques, who shall be personally in Carolina, shall of course be his deputy. 60th. Each Proprietor’s deputy, shall be always one of his six Coun- sellors respectively; and in case any of the Proprietors hath not, in his absence out of Carolina, a deputy, commissioned under his hand and seal, the eldest nobleman of his court, shall of course be his deputy. 61st. In every county, there shall be a court consisting of a sheriff, and four Justices of the county, for every precinct, one. The Sheriff shall be an inhabitant of the county, and have at least five hundred acres freehold within the said county; and the justices shall be inhabitants, COLONIAL RECORDS. 1 !)8 and have each of them five hundred acres apiece freehold within the pre- cinct for which they serve respectively. These five shall be chosen from time to time and commissioned, by the Palatine’s court. 62d. For any personal causes exceeding the value of two hundred pounds sterling, or in title of' land, or in any criminal cause, either party upon paying twenty pounds sterling to the Lords Proprietor’s use, shall have liberty of appeal from the County Court, unto the respective Pro- prietor’s Court. 63d. In every precinct there shall be a court consisting of a Steward, and four Justices of the precinct, being inhabitants, and having three hundred acres of freehold within the said precinct, who shall judge all criminal crimes; except for treason, murder, and any other offences pun- ishable with death, and except all criminal causes of the nobility; and shall judge also, all civil causes whatsoever; and in all personal actions not exceeding fifty pounds sterling without appeal ; but where the cause shall exceed that value, or concern a title of land, and in all criminal causes; there either party upon paying five pounds sterling, to the Lords Proprietor’s use, shall have liberty of appeal to the county court. 64th. No cause shall be twice tried in any one court, upon any reason or pretence whatsoever. 65th. For treason, murder, and all other offences punishable with death, there shall be a commission twice a year at least, granted unto one or more members of the grand council, or colleges, who shall come as itinerant Judges to the several counties, and with the Sheriff and four Justices, shall hold assizes, to judge all such causes; but upon paying of fifty pounds sterling, to the Lords proprietors use, there shall be liberty of appeal to the respective Proprietors court. 66th. The Grand Jury at the several assizes, shall upon their oaths and under their hands and seals, deliver into their itinerant Judges, a presentment of such grievances, misdemeanours, exigencies, or defects, which they think necessary for the public good of the country; which presentments shall bv the itinerant Judges, at the end of their circuit, be delivered in to the grand council, at tlieir next sitting. And whatsoever therein concerns the execution of' laws, already made, the several Pro- prietor’s courts, in the matters belonging to each of them respectively, shall take cognisance of it, and give such order about it, as shall be ef- fectual for the due execution of the laws. But whatever concerns the making of any new law, shall be referred to the several respective courts, to which that matter belongs, and be by them prepared and brought to the grand council. COLONIAL RECORDS. 199 67th. For terms, there shall be quarterly, such a certain number of days, not exceeding one and twenty at any one time, as the several re- spective courts shall appoint. The time for the beginning of the term in the Precinct court shall be the first Monday in January, April, July and October, in the County court, the first Monday in February, May, August and November; and in the Proprietor’s courts, the first Monday in March, June, September and December. 68th. In the Precinct court, no man shall be a Juryman, under fifty acres of freehold. In the County court, or at the assizes, no man shall be a grand juryman, under three hundred acres of freehold; and no man shall be a petty juryman, under two hundred acres of freehold. In tin* Proprietor’s courts, no man shall be a juryman, under five hundred acres of freehold. 69th. Every jury shall consist of twelve men; and it shall not be necessary they should all agree, but the verdict shall be according to the consent of the majority. 70th. It shall be a base and vile thing, to plead for money or reward; nor shall any one, (except he be a iiear kinsman, nor farther off than cousin german to the party concerned) be permitted to plead another man’s cause, till before the judge, in open court, lie hath taken an oath that he doth not plead for money or reward, nor hath, nor will receive, nor directly, nor indirectly, bargained with the party whose cause he is going to plead, for money, or any other reward for pleading his cause. 71st. There shall be a Parliament consisting of the Proprietors, or their deputies, the Landgraves and C'asiques, and one freeholder out of every precinct, to be chosen by the freeholders of the said precinct re- spectively. They shall sit all together in one room, and have, every member, one vote. 72d. No man shall be chosen a member of Parliament, who has less than five hundred acres of freehold within the precinct for which he is chosen, nor shall any have a vote in choosing the said member, that hath less than fifty acres of freehold within the said precinct. 73d. A new Parliament shall be assembled the first Monday of the month of November, every second year, and shall meet and sit in the town they last sat in, without any summons, unless by the Palatine’s court they be summoned to meet at any other place. And if there shall be anv occasion of a parliament in these intervals, it shall be in the power of the Palatine’s court, to assemble them in forty days’ notice, and at such time and place as the said court shall think lit; and the Palatine’s court shall have power to dissolve the said Parliament, when they shall think fit. 200 COLONIAL RECORDS. 74th. At the opening of every Parliament, the lirst tiling that shall he done, .shall he the reading of these Fundamental Constitutions, which the Palatine and Proprietors, and the rest of the members then present, shall subscribe. Nor shall anv person whatsoever, sit or vote in the Parlia- ment, till he hath that session subscribed these Fundamental Constitu- tions, in a book kept for that purpose, by the clerk of the parliament. 75th. In order to the due election of members, for the biennial Parli- ament, it shall be lawful for the freeholders of the respective precincts to meet the first Tuesday in September, every two years, in the same town or place that they last met in, to choose parliament men, and there choose those members that are to sit the next November following; unless the steward of the precinct shall by sufficient notice, thirty days before, ap- point some other place for their meeting in order to the election. 76th. No act or order of Parliament shall be of any force, unless it be ratified in open parliament during the same session, by the Palatine or his deputy, and three more of the Lords Proprietors or their deputies; and then not to continue longer in force, but until the next biennial Par- liament, unless in the meantime it be ratified under the hands and seals of the Palatine himself, and three more of the Lords Proprietors, them- selves, and by their order published at the next biennial Parliament. 77th. Any Proprietor or his deputy may enter his protestation against any act of the Parliament, before the Palatine or his deputy’s consent be given as aforesaid; if he shall conceive the said act to be contrary to this establishment, or any of these Fundamental Constitutions of the Govern- ment. And in such case, after full and free debate, the several estates shall retire into four several chambers, the Palatine and Proprietors into one; the Landgraves into another; the Casiques into another; and those chosen by the Precincts into a fourth; and if the major part of any of the four estates shall vote that the law is not agreeable to this establishment, and these Fundamental Constitutions of the Government, then it shall pass no farther, but be as if it had never been proposed. 78th. The quorum of the Parliament shall be one half of those who are members, and capable of sitting in the house, that present session of Parliament. The quorum of each of the Chambers of Parliament, shall be one half of the members of that chamber. 79th. To avoid multiplicity of laws, which by degrees always change the right foundations of the original government, all acts of Parliament whatsoever, in whatsoever form passed or enacted, shall at the end of a hundred years after their enacting, respectively cease, and determine of themselves, and without any repeal, become null and void, as if no such acts or laws had ever been made. COLONIAL RECORDS. 201 80th. Since multiplicity of comments, as well as of laws, have great inconveniences, and serve only to obscure and perplex; all manner of comments and expositions, on any part of these Fundamental Constitu- tions, or on any part of the common or statute laws of Carolina, are absolutely prohibited. 81st. There shall be a registry in every precinct, wherein shall be en- rolled all deeds, leases, judgments, mortgages, and other conveyances, which may concern any of the lands within the said precinct; and all such conveyances, not so entered and registered, shall not be of force against any person or party to the said contract or conveyance. 82d. No man shall be Register of any precinct, who hath not at least three hundred acres of freehold within the said precinct. 83d. The freeholders of every precinct shall nominate three men, out of which three, the Chief Justice’s Court shall choose and commission one to be Register of the said precinct, whilst he shall well behave him- self. 84th. There shall be a Registry in every Signiory, Barony and Col- ony, wherein shall be recorded all the births, marriages and deaths that shall happen within the respective Signiories, Baronies and Colonies. 85th. No man shall be Register of a Colony that hath not above fifty acres of freehold within the said colony. 86th. The time of every one’s age, that is born in Carolina, shall be reckoned from the day that his birth is entered in the registry, and not before. 87th. No marriage shall be lawful, whatever contract and ceremony they have used, till both the parties mutually own it, before the Register of the place where they were married, and he register it, with the names of the father and mother of each party. 88th. No man shall administer to the goods, or have a right to them, or enter upon the estate of any person deceased, till his death be regis- tered in the respective registry. 89th. He that does not enter in the respective registry, the birth or death of any person that is born, or dies, in his house or ground, shall pay to the said Register one shilling per week for each such neglect, reckoning from the time of each birth, or death respectively, to the time of entering it in the register. 00th. In like manner, the births, marriages, and deaths of the Lords Proprietors, Landgraves and Casiques, shall be registered in the Cham- berlain’s Court. 22 202 COLONIAL RECORDS. 91st. There shall be in every colony, one Constable, to be chosen an- nually by the freeholders of the colony. His estate shall Ik* above a hundred acres of freehold within the said colony, and such subordinate officers appointed for his assistance, as the county court shall find requi- site, and shall be established by the said county court. The election of the subordinate annual officers, shall be also in the freeholders of the colony. 92d. All towns incorporate, shall be governed by a Mayor, twelve Aldermen, and twenty four of the common Council. The said common council shall be chosen by the present householders of the said town ; the Aldermen shall be chosen out of the common council, and the mayor out of the aldermen, bv the palatine’s court. 93d. It being of great consequence to the plantation, that port towns should be built and preserved; therefore whosoever shall lade or unlade any commodity at any other place but a port town, shall forfeit to the Lords proprietors, for each tun, so laden or unladen, the sum of ten pounds sterling; except only such goods as the palatine’s court shall license to be laden or unladen elsewhere. 94th. The first port town upon every river, shall be in a colony, and be a port town forever. 95th. No man shall be permitted to be a freeman of Carolina, or to have any estate or habitation within it, that doth not acknowledge a God, and that God is publicly and solemnly to be worshiped. 96th. (As the country comes to be sufficiently planted, and distributed into fit divisions, it shall belong to the parliament to take care for the building of churches and the public maintenance of divines, to be em- ployed in the exercise of religion, according to the church of England ; which being the only true and orthodox, and the national religion of all the king’s dominions, is so also of Carolina, and therefore it alone shall be allowed to receive public maintenance by grant of parliament.) 97th. But since the natives of that place, who will be concerned in our plantation, are utterly strangers to Christianity, whose idolatry, ignorance or mistake, gives us no right to expel or use them ill ; and those who remove from other parts to plant there, will unavoidably be of different opinions, concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be obtained amidst diversity of opinions, and our agreement and compact with all men, may be duly and faithfully observed, the violation whereof, upon what pretence soever, cannot be without great offence to Almighty God, and great scandal to the true re- COLONIAL RECORDS. 203 ligion which we profess; and also that Jews, Heathens and other dissent- ers from the purity of the Christian religion, may not be scared and kept at a distance from it, but by having an opportunity of acquainting them- selves with the truth and reasonableness of its doctrines, and the peacea- bleness and inoffensiveness of its professors, may by good usage and per- suasion, and all those convincing methods of gentleness and meekness, suit- able to the rules and design of the gospel, be won over to embrace, and unfeignedly receive the truth ; thereto re any seven or more persons agree- ing in any religion, shall constitute a church or profession, to which they shall give some name, to distinguish it from others. 98th. The terms of admittance and communion with any church or profession shall be written in a book, and therein be subscribed by all the members of the said church or profession ; which book shall be kept by the public Register of the Precinct wherein they reside. 99th. The time of every one’s subscription and admittance, shall be dated in the said book or religious record. 100th. In the terms of communion of every church or profession, these following shall be three, without which no agreement or assembly of men, upon pretence of religion, shall be accounted a church or profes- sion within these rules. 1st. “That there is a God.” 2d. “That God is publickly to be worshipped.” 3d. “ That it is lawful and the duty of every man, being thereunto called by those that govern, to bear witness to truth ; and that every church or profession shall in their terms of communion, set down the eternal way whereby they witness a truth as in the presence of God, whether it be by laying hands on or kissing the bible, as in the church of England, or by holding up the hand, or any other sensible way.” 101st. No person above seventeen years of age, shall have any benefit or protection of the law, or be capable of any place of profit or honor, who is not a member of some church or profession, having his name recorded in some one, and but one religious record, at once. 102d. No person of any other church or profession shall disturb or molest any religious assembly. 103d. No person whatsoever, shall speak any thing in their religious assembly irreverently or seditiously of the government or governors, or of state matters. 104th. Any person subscribing the terms of communion, in the record of the said church or profession, before the precinct register and any five members of the said church or profession, shall be thereby made a mem- ber of the said church or profession. COLONIAL RECORDS. 204 105th. Any person, striking Lis own name out of any religious record, or his name being struck out by any officer thereunto authorized by such church or profession respectively, shall cease to be a member of that church or profession. 106th. No man shall use any reproachful, reviling, or abusive language against any religion of any church or profession; that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors and that profession which otherwise they might be brought to assent to. 107th. Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man’s civil estate or right, it shall be lawful for slaves as well as others, to enter themselves and be of what church or profession any of them shall think best, and thereof be as fully members as any freeman. But yet no slave shall hereby be ex- empted from that civil dominion his master hath over him, but be in all things in the same state and condition he was in before. 108th. Assemblies upon what pretence soever of religion, not observ- ing and performing the above said rules, shall not be esteemed as churches, but unlawful meetings, and be punished as other riots. 1 09th. No person whatsoever shall disturb, molest, or persecute another, for'his speculative opinions in religion, or his way of worship. 110th. Every freeman of Carolina, shall have absolute power and authority over his negro slaves, of what opinion or religion soever. 111th. No cause, whether civil or criminal, of any freeman, shall be tried in any court of judicature, without a jury of his peers. 112th. No person whatever, shall hold or claim any land in Carolina, by purchase or gift, or otherwise, from the natives or any other whatso- ever; but merely from and under the Lords Proprietors, upon pain of forfeiture of all his estate, moveable or immoveable, and perpetual ban- ishment. 113th. Whosoever shall possess any freehold in Carolina, upon what title or grant soever, shall at the farthest, from and after the year one thousand six hundred and eighty nine, pay yearly unto the Lords Pro- prietors, for each acre of land, English measure, as much fine silver as is at this present time in one English penny, or the value thereof, to be as a chief rent and acknowledgement to the Lords Proprietors, their heirs and successors forever. And it shall be lawful for the palatine’s court, bv their officers, at any time, to take a new survey of any man’s land, not to oust him of ally part of his possession, but that by such a survey, COLONIAL RECORDS. 20o the just number of acres lie possesseth may he known, and the rent there- on due, may be paid by him. 114th. All wrecks, mines, minerals, quarries of gems and precious stones, with pearl fishing, whale fishing, and one half of all ambergris, by whomsoever found, shall wholly belong to the Lords Proprietors. 115th. All revenues and profits, belonging to the Lords Proprietors, in common, shall be divided into ten parts, whereof the palatine shall have three, and each proprietor one; but if the palatine shall govern by a deputy, the deputy shall have one of those three tenths, and the pala- tine the other two tenths. 116th. All inhabitants and freemen of Carolina, above seventeen years of age, and under sixty, shall be bound to bear arms, and serve as sol- diers whenever the grand council shall find it necessary. 117th. A true copy of these Fundamental constitutions shall be kept in a great book, by the register of every precinct, to be subscribed before the said register. Nor shall any person of what degree or condition so- ever, above seventeen years old, have any estate or possession in Caro- lina, or protection or benefit of the law there, who hath not, before a pre- cinct register, subscribed these fundamental constitutions in this form : “ I, A. B., do promise to bear faith, and true allegiance, to our sov- ereign Lord King Charles the second, his heirs and successors, and will be true and faithful to the Palatine and Lords Proprietors of Carolina, their heirs and successors; and with my utmost power, will defend them and maintain the government, according to this establishment in these fundamental Constitutions.” 118th. Whatsoever alien shall in this form, before any precinct Register, subscribe these fundamental constitutions, shall be thereby naturalized. 119th. In the same manner shall every person, at his admittance into any office, subscribe these fundamental constitutions. 120th. These fundamental constitutions, in number a hundred and twenty, and every part thereof, shall be and remain, the sacred and unal- terable form and rule of government of Carolina forever. Witness our hands and seals the first day of March, 1669. RULES OF PRECEDENCY. 1st. The Lords Proprietors ; the eldest in age first, and so in order. 2d. The eldest sons of tin 1 Lords Proprietors; the eldest in age first, and so in order. 200 COLONIAL RECORDS. 3d. The Landgraves of the grand council, he that hath been longest of the grand council first, and so in order. 4th. The Casiques of the grand council; he that hath been longest of tho-grand council first, and so in order. 5th. The seven Commoners of the grand council, that have been long- est of the grand council ; he that hath been longest of the grand council first, and so in order. 0th. The younger sons of the Proprietors; the eldest first, and so in order. 7th. The Landgraves; the eldest in age first, and so in order. 8th. The seven Commoners, who next to those before mentioned have been longest of the grand council; he that hath been longest of the grand council first, and so in order. 9tli. The Casiques; the eldest in age first, and so in order. 10th. The seven remaining Commoners of the grand council ; he that hath been longest of the grand council first, and so in order. 11th. The male line of the Proprietors. The rest shall be determined by the Chamberlain’s Court. [B. P. R. O. Shaftesbury Papers. Bdi.e 48. No. 34.] F. O’SULLIVAN TO L d ASHLEY. 10 th SEPT r 1670. Right HONO ble I writt a ^ticuler Account of all things to vo r lordsp bv the Carolina by the way of Virginie I am donbtfull whether or noe they are come to vo r hands, for feare of w oh I have now made bold to trouble yo r hono b w tb these lynes y‘ you may understand in w‘ condition we are in The cuntry proves good beyond expectation aboundin in all things, as good Oake Ash Deare turkies partridges rabbitts turtle and fish, the land produceth anything that is putt into itt, for we have tryed itt w th Corne Cotton and tobacco and other provisions w ch proves very well the lateness of the season considered, the Cuntry is stored w th severall pleasant fruits, as peaches strawberryes and other sorts, wee are setled att Haaway nere 20 leagues to the Norward of port Royall itt not prouveinge Accord- COLONIAL RECORDS. 207 inge to report, we build our towne upon a pointe of land called Albemarle pointe seated upon the River y‘ leades in from the sea called by us Ashley River where we are afortifieing ourselves. I have made generall dis- coveries into the Cuntry and find itt very good and many pleasant Riv- ers. I cannot give a better Caracter of itt then itt deserves. We hum- bly thanke yo r hono” y r care in orderinge us provissions att virginiethe shipp returned to us in good tyme for all our provissions was gone soe y‘ wee were forst to live upon the Indeans who are very kinde to us, we hope yo r hono r will continew yo r care over us till we are in a condition to helpe ourselves, our ship is now upon her departure for Barbadoes, from whence we expect more people and fresh supplies. Wee expect from vo r hono r8 a shipp from England w th more people, you wold Majesty’s Forreign Plantations in America are govern’d either by Proprietors, Corporations, Companies or by Go vernours immediately ap- pointed by His Majesty. The Plantations governed by Proprietors are New Yorke belonging to His Royal Highness COLONIAL RECORDS. 225 New Jersey belonging to Sir George Cartwright and others. Maryland belonging to the Lord Baltimore. Carolina under which is also comprehended the Lucaii and Bahama Islands belonging to the Duke of Albemarle, Earl of Shaftesbury and other Lords and Gentlemen. The Corporations contained within the bounds of New England are The Colony of Rhode Island & Providence Plantations. The Colony of Conecticut The Colony of New Plimouth The Colony of the Massaehusets Bay under which is at present com- prehended The Province of Maine and New Hampshire, and other small Colo- nies adjoining the first claimed by M r Gorges, the latter by M r Mason. The Plantations governed by Companies residing in England, are The Colonies and Factories setled in Prince Rupert’s Land and Hud- sons Bay. The Bermudos otherwise called the Summer Islands. The Plantations governed by His Majesty’s immediate Commissions, are Virginia and the Province of Accomack The Island of Jamaica The Chari bee Islands divided into two parts viz The Windward and Leeward Islands The Windward Islands are Barbados and other uninhabited Islands. The Leeward Islands, are, S‘ Christophers Nevis Monte rat Antego Anguilla and other uninhabited Islands. There is besides a Colony of English, setled upon the eastern coast of Newfoundland without Government Eclesiastical or Civill, who live by catching fish. All these Plantations are governed either by tin* Laws of England, or by Municipal Laws, not repugnant to those of England. The Trade of the Plantations is, by several Acts of Parliament, con- fined to England; whereby no sugar, tobaco, Cotton-wool, indico, Gin- ger, Fustick or other dying- wood of the growth or manufacture of the Plantations may be transported from thence to any other place than 25 COLONIAL RECORDS. 220 England, nor any European Commodities lx* carried thither hut what shall be shipped in England. The Religion of the church of England is most practised in the Plan- tations; but liberty of conscience is in all places allowed, except in New England, where the government and discipline of ( 'ongregational ( 'll u relies exclude all others. 1676. EXTRACTS FROM THE JOURNAL OF WILLIAM ED- MUNDSON’S SECOND VISIT TO CAROLINA. [Reprinted from “The Friends Library,” Vol. II, pages 123 and 124.] “I was moved of the Lord to go to Carolina, and it was perillous tra- velling, for the Indians were not yet subdued, but did mischief and mur- dered several. They haunted much in the wilderness between Virginia and Carolina, so that scarce any durst travel that way unarmed. Friends endeavored to dissuade me from going, telling of several who were mur- dered. I considered, that if I should fall bv the hands of those murder- ers, many thereby would take occasion to speak against truth and Friends; so I delayed some time, thinking the Lord might remove it from me, but it remained still with me. “ The next day I made ready for my journey, blit none ventured to go with me, save one ancient man, a Friend. We took our journey through the wilderness, and in two days came well to Carolina, first to James Hall’s house, who went from Ireland to Virginia with his familv. His wife died there, and he had married the widow Phillips at Carolina, and lived there; but he had not heard that I was in those parts of the world. When 1 came into the house, I saw only a woman servant; I asked for her master. She said he was sick. I asked for her mistress, she said she was gone abroad. I bid her show me the room where her master lav; so I went into the room, where he was laid on the bed, sick of an ague with his face to the wall. I called him by his name, and said no more ; he turned himself, and looked earnestly at me a pretty time, COLONIAL RECORDS. 227 and was amazed; at last lie asked if that was William? I. said yes. He said lie was affrighted, for he thought it had been my spirit; so he pres- ently got up, and the ague left him, and did not return. He travelled with me the next day, and kept me company whilst 1 stayed in that part. “On the first-day following, the appointed a meeting on the other side of Albemarle river, where the men and women had been convinced when I was there formerly ; but when we came the man told us his wife was just dying, and it would not be convenient at that time to have the meet- ing there. So we ordered the meeting to be about a mile from thence, at one Terns’ s house, a justice of the peace, who with his wife, was con- vinced, and received the truth when I was in that country before. There we had a full precious meeting, but after we had gone from the house where the dying woman lay, she came to her senses, and her husband told her of the meeting, and of me; she said she remembered me well, and the words I spoke when I was there several years before, were as fresh in her memory, as if she heard me speak them just then ; and said it had been happy for her that day, if she had lived accordingly. She died be- fore our meeting was done, so that I could not speak with her. I had several precious meetings in that colony, and several turned to the Lord. People were tender and loving, and there was no room for the priests, for Friends were finely settled, and 1 left things well among them. When 1 was clear of that service, we returned to Virginia, safe under the Lord’s protection; praises to his name for evermore!” Note. — N o date is given except that the whole tour in the Barhadoes, America, &c., is said to have been from 1675 to 1677 ; but a reference to Bacon’s Rebellion seems to fix the date of this second visit to Albemarle in the year 1676. — Ed. [B. P. K. (). Colonial Entry Book No. 96. p. 69.] AT THE COURT AT WHITEHALL 3 rd OF MAY IfiTfi. Present The King’s most excellent Majesty The form of the Oath to be taken by the respective Governors of His Maj. Plantations as followeth: — You shall swear that you will to the best of your skill and power so long as you shall continue Governor of this Plantation well and truly COLONIAL RECORDS. •228 execute and perform all matters and things which by the Statutes made in the 12 th and 15 th years of His now Maj. reign you are required (as Gov r of lids Plantation) to be sworn to the performance of, So help you God [B. P. R. O. Col: Ent: Book. No. 20. p. 111.] October 21 8t 1676. Gentlemen, Wee have received your two Letters the one of the 17 th November 1675 the other of the 28 th March last per hands of M r Thomas Miller; and doe in the first place assure you; that wee neither have nor ever will parte with the County of Albemarle to any person whatsoever But will alwayse maintaine our province of Carolina entire as itt is. The Reasons that induce us to this resolution are such that wee mayntaineand preserve you in the English Rights and Liberties and in the next place your scit- uation beinge contiguous to Virginia is of great importance to us for the well plantinge of the rest of our province which wee expected should have had longe since a better progress with you; and that the Rivers of Phampleco and Newse should should have bin before this welplanted and a way and Jntercource bv Land should have bine discovered between you and our Plantation on Ashley River, and the neglect of these two has bine “the Cause that heitherto wee have had noe more Reguard for you as lookinge upon you as a people that neither understood your own nor re- garded our Interests. But some of us discourseinge with M r Eastchurch your speaker, who is now come over to us and M r Miller that Brought your letters they have fully sattisfied us that the fault was not in you but in those persons into whose hands wee had committed the Government and that severall of you that had made attempts and undertakings for the discovery of a way by land to the plantation on Ashley River as alsoe to plant more southward upon those rivers of Pamphleco Newse were with great Violence and Injustice deprived of any power to proceed any further in such worthy undertakeings and some of you that were planted on the South side of Albemarle River were commanded back to your great prejudice and inconvenience. W ee doe alsoe further acquaintc you that wee are very well pleased and sattisfied with your proceedure with Lieutenant Colonel Jenkins and your Order and settlement of the Councell and Government untill you heard further from us who observe to our great satisfaction that in all your COLONIAL RECORDS. 229 proceedings you maintaine the due Respect to us and regard to faire Jus- tice among yourselves, But wee must blame you and utterly disallow and disapprove of your sending M r Thomas Miller or any person whatsoever to he tried in Verginia or on of your owne Precincts which is a prejudice to the power and authority wee derive from his Majestie’s Grant But however for what is past wee cannot reflect on you when wee consider the conjunction of time and the apprehensions you had of Sir \Y m Berkeley’s being sole Proprietor, and upon this oecation wee thinke fltt to mind you that wee utterly dislike tryinge and condemninge any person either in Criminall or Civill causes without a Jury and that noe evidence clandestinely taken can bee of anv validditv otherwise then to cause the Criminall person to be secured where the crime is of a great nature. Wee must further aequainte you that wee have given Instructions to our Governor and Committee that they earnestly press and recomend to you the Settinge the South side of the river of Albemarle and that as much as may be in Townes, it being a frontier settlement which if itt be made stronge and as itt ought will be a Security to you from the Incurtions of the Indians and wee have alsoe given them further Instructions that they cause three Townes to be settled which shall bee the porte Towns of your County of Albemarle which places are the first Roanoke Island which wee would have the Cheife towne and the place where the Conn- cell assemble should meete the 2 nd Towne should bee placed on the west side of the Little Rivers mouth the 3 rd Towne to bee upon the neck of land betweene Salmon Creeke and Morratocke River, these three Townes to bee the onely places where the Shipps shall lade and unlaid and to have all other priviledges which are necessary for the supporte of them, and upon which we have ordered the Government and Councell to advise with the assembly of the County more particularly that such priviledges as may be to advance the makinge of those places considerable Townes and are proper for a Grant from us may be granted bv us and such things and priviledges as are more proper for an act of the assembly may *by us and the assembly bee enacted, for wee must assure you that it is your and our Coneerne very much to have some very good Towns in your Plantations for other wise you will not longe continue civillized or ever bee considerable or secure, there being no place in the world either of there without them. Wee are lastly to acquaint you that wee finding M T Eastchurch your Speaker to be a gentleman of a very good family and as he seems to ns a very discreet and worthy man and very much concerned for your pros- perity and wellfaire and bv the opportunity of his being here well in- 230 COLONIAL RECORDS. structed in our desires concerning these particulars wee have mentioned to you on these Considerations wee have chosen and authorized him to bee our Governor over that [tail: of our province which you valid Albe- marle and wee have appointed several] other Gentlemen for our deputies and you the assembly are to choose as many in number as our deputies shall be to make upp the Great Councell. M r Thomas Miller has delivered in a paper of Complaints to us con- taining great oppressions and Injuryes done which wee have thought most proper to referr to the Councell and assembly upon the place and earnestly desire you will cause such justice to be done him as his cause shall require, and that you will sertifie us what proceedings you shall make in it if it shall bee soe desired. Wee rest Your most assured friends ALBEMARLE. CRAVEN SHAFTESBURY. CA RTER ETT. COLLETON. By M r T HOMAS Miller To the Present Government and Assembly of the County of Albemarle. [B. P. R. O. Col: Ent: Book. No. 20. p. 116.] INSTRUCTIONS GIVEN BA” US THE LORDS PROPRIE- TORS OF CAROLINA UNTO THE GOV ERNOR AND COUNCILL OF THAT PARTE OF OUR PROVINCE CALLED ALBEMARLE. Impr 8 you are to observe the rules of strict justice friendshipp and amity with the neighbour Indians and not suffer them to have any just* cause to complain of any oppression or Injustice done them by any of the English within your Government. Item 2 dly you are to send us by the next opportunity a true account of what tribute or payment are rendered by any of our people or officers from any of the Indians and upon what account such tribute or payment is demanded or prove due. Item von are to take spetiall care that Justice be duly administered and that the waves to attain e it may neither be tedious, troublesome nor COLONIAL RECORDS. 231 chargable for men of prudence and of estates have noe reason to venture themselves in any place where liberty and property are not well secured. Item you are not onely yourselves to administer Justice duely ac- cordinge to the Lawes established But you are to promote and propose in the Assembly the makinge of such Lawes as may best secure the antient and native rights of Englishmen, and in particular the tryall of all Criminall Causes and matters of fact by a jury of 1 2. sufficient free- holders accordinge to the 69 th Article in the fundamentall Constitutions. Item wee propose to you and the Assembly to be considered whethere it were fitt to be enacted that noe man should be arrested or restrained of his Liberty untill bee had bine first lawfully summon’d to appeare or appearing shall not give sufficient security for his answering the Law with his person and abidinge such Judgement as shall be given thereupon, but in such Case his Security are to stand lvable for his appearance or renderinge his Body But for the debt or makeinge satisfaction for the Judgements given it should alsoe be considered how far the warrant of the great Councell shall bee allowed to arrest or seize without such sum- mons the person of any one against whome proofeof any Capital! Crime Soe that such person be brought to a speedy tryall and have the access of friends and assistance for his just defence allowed him. Item you are to take spetiall care to prohibite all trade and commerce between the Indians and any others that are noe freeholders of our Prov- ince of Carolina. Item wee recommend to you the setleinge of Plantations and Townes on the south side of the river of Albemarle beinge a frontier settlement more espetially requires that it bee in townes. Item wee expressly order you that you cause to bee settled and laide one, three Townes in our County of Albemarle which are to be porte Towns and noe other and att which Townes and noe where else shall itt be lawful! for any shipps or vessells to lade or unlade as in the 93 rd Article of fundamentall Constitutions The said 3 Townes are to be the first upon Roanoke Island which wee will have bee the chiefe Towne and the place for the Councell and Assembly to meetc the seconde Towne must be placd on (Ik* west side 1 of tin 1 Little Rivers mouth and the 3 rd Towne must bee upon tin* nook of land Betweene Salmon Creeke and Morrattocke River. Item wee earnestly recommend to you the Cover nor and Councill that you consider well and advisedly what priviledges, concession, orders and rules may be made and granted either by us alone under our great Seale or by us and the assembly by an act and that you propose such things to COLONIAL RECORDS. 2:52 us by your next dispatches that wee may give order concerning them as wee shall find nieete. Item you are to doe all that in you lyes to deverte the trade of our People under you with those of New England and to bringe them with a more imediate Trade with England itt beinge acertaine Beggery to our people of Albemarle if they shall buy goods at 2 d hand and soe much dearer then they may bee supply’d from England, and with all sell there To- bacco and other Commodities at a lower rate then they could doe in Eng- land. Besides the people of New England cannot be friends to the pros- perity and Interest of our plantations which will certainly in tyme them one and render them inconsiderable. Item in order to the Incourageinge a Trade with England and other places you are to send us an exact account of how many foot there is at Low water in your several 1 Inlets, what safety there is when a shipp is in and where she may doe best to unlade or take in Commodities for this has bine soe concealed and uncertainely reported here as if some persons amongst you had joyn’d with some of New England to engross that poore trade you have and Keepe you still under hatches. Item you are to give an account what number of Inhabitants you have in your County and how much Tobacco they make yearely and what numbers of Cattle they have or what other Commodities they have to trade with that may Induce merchants to come theither. Lastly you are upon all opportunities to give us an account of how matters stand soe that wee may heare from you if possible twice and thrice a vcare. [B. R K. O. Col: Ent: Book. No. '20. i*. 114.] Wee the Lords Proprietors of the Province of Carrolina doe consti- tute, authorise and appointe you Tho: Eastchureh Esq re to be our Gov- ernor and Commander in Cheife of that parte of our Province called Albemarle, and wee doe hereby grant unto you the said Thomas East- church all the powers and authorities civill and millitary which by vir- tue of our fundamental! constitutions a Governor and Commander in Cheife ought to have, and this to continue during our pleasure, Given under our hands and scales this 21 st of November 167(1. ALBEMARLE. CRAVEN. SHAFTESBURY. CARTERETT. COLLETON. COLONIAL RECORDS. Q O O [B. P. R. O. Col: Ent: Book. No. ‘20. p. 114.] Wee the Lords Proprietors of" the Province of Carolina doe constitute, authorize and appoint you Thomas Eastchurch Esq” to be our Governor and Commander in Cheife of all such settlements as shall bee made upon the Rivers of Pampleeo and Newse within our province of Carolina, and wee doe hereby grant unto Tho: Eastchurch all powers and authorities Civil and Millitary which by vertue of our fundamentall .Constitutions a Governor and Commander in Cheife ought to have and this to continue duringe our pleasure. Given under our hands and scales this 21 st of November 1676. ALBEMARLE. CRAVEN. SHAFTESBURY. CARTERETT. COLLITON. 1677. [B. P. R. O. Colonial Entry Bk. No. 105. p. 81.] AT THE COMMITTEE FOR TRADE & PLANTATIONS IN THE COUNCIL CHAMBER AT WHITEHALL TUESDAY" THE 17 th OF JULY 1677 Lord Privy Seale. Duke of Ormond. Earle of Craven Earle of Bath L d B p of London. Present M 1 ' Vice Chamberlane M r Sec ry Coventry M r Sec ry Williamson M r Chan 1 ' of y° Exeheq r M r Speaker. * * * My Lord Bishop of London presented to the Committee a Memorial of abuses crept into the Churches of the Plantations containing nine arti- cles which are all read as follows. 1. That the Governors Keep Parishes vacant and commission persons to officiate without orders. 26 COLONIAL RECORDS. 23 l Whereupon it is ordered that this abuse be represented to the several Governors of such Plantations as are under his Ma t,M immediate juris- diction for redress. 2. That the profits of vacant Parishes are converted by the People to their own use. This to be redressed by the Governors 3. That Ministers are hired for time To be likewise remedied 4. That the Ministers are ill paid. The Governors in this particular to observe the laws of England. 5. That in Mariland and other places there is no settled maintenance for Ministers at all. Upon which head my Lord Baltimore is called in and being acquainted with this particular a copie is to be delivered his Lo p of this Article that hee may propose a measure for the support of a convenient number of Ministers against Thursday next. And it is further agreed that this defect ought to bee supplied in all the plantations remaining under propriety and that letters bee written accordingly. 6. That in Virginia there are noe places allotted to bury the dead &c. Which is to be signified to the Gov r for redress. 7. That the Vestry exercise a power over the Ministry. Hereupon their Lordships will consider at their next Meeting the Law of Jamaica which concerns the Vestry in reference to the Ministry. 8. That in Virginia the laws are not duly executed prohibiting Mar- riages to be solemnized without lawful Ministers and persons to exercise the Ministry without proofe that they are in orders. These Laws are to bee observed in every place. 9. Tlfat noe care is taken for the passage of new Ministers. Whereupon it is thought fit that the Gov” doe provide for the expense of transporting Ministers and other charges out of the profits arising by the vacancies. 1678. [B. P. R. O. Colonial Papers.] The deposition of Henry Croklv shipwright inhabitant in Redriffe saith y‘ in v® veare 1676 the Deponant was in Virginnia belonging to the COLONIAL RECORDS. 23-5 ship Constant of London Jacob Hayes Comand r where he saw M r Thomas Miller and some acquainted w th him att James Towne in Virginnia where the said Miller had his Tryall for treasonable words alleaged against him and was then and their acquitted from them by S r Will" 1 Berkeley and his Counsill after w ch clearing in July following y® said Miller came pub- lickly abord & a shore and that voyage came for England in the s d ship whereof y® deponent was carpenter and further this deponent saitli that after y® s d Miller was cleared as afores d he was often a shore in company of one John Culpeper and severall Magistrates thier in Virginnia and was never taxed furthur as to y® afores d accusation by y® s d Culpeper or any other person thier that y® Deponant ever heard of and further this Deponant saith not HENRY CROKLY decimo tertio die ffebruarii 1G77 jurat cor me ROBT CLAYTON Mayor 1679. [B. P. K. O. Con: Ent: Book. No. 20. p. 135.] INSTRUCTIONS TO JOHN HEARVEY ESQ" PRECIDENT AND THE COUNCELL OF THE COUNTY OF ALBEMARLE IN THE PROVINCE OF CAROLINA. 1. Wee haveing agreed upon the Modell of Government herewith sent you signed and sealled by us to be the fundamental! Constitutions and forme of Government of our Province of Carolina for ever, and not being able at present to put it fully in practice by Reason of the want of Landgraves and Cassiques, and a sufficient number of People, how- ever intending to come as nigh it as wee can in the present state of aftaiers in all the Collonys of our said Province. 2. You are therefore required as soon as conveniently you can after the receipt of these our Instructions in our names to issue out writts to tin 1 tower Precincts of the County of Albemarle requiring each of them to elect five freehoulders who are to be their representatives, to whome the / COLONIAL RECORDS. 236 live persons chosen by us being ailed, and who for the present represent the Nobillitv are to be your Assembly, they haveing chosen their speaker you are in our names to requier them to elect live persons which being joy ned to those five deputed bv us are to be the Councell, by whose ad- vice and consent or at least the Major parte of six of them, all being summoned, you are to Governe according to the Limitations and Instruc- tions following observing what can at present be put in practice of our fundamental! Constitutions and forme of Government which Councell for the present is to be insteede of the Grand Councell mentioned in our fundamental! Constitutions and forme of Government, and to exercise the same power and Jurisdictions the said Grand Councell is to doe by our fundamental! Constitutions and forme of Government. 3. You are to cause all persons so chosen to sweare Alleagence to our Soveraigne Lord the King, Fidellity and submission to the Proprietors and forme of Government by them established; but in case any man for Religion’s sake be not free to sweare then shall he subscribe the same in a book for that case provided which shall be deemed the same with swear- ing. Your selfe and the five Deputys of the respective Proprietors are to represent the Pallatines Court, and exercise the same Jurisdictions and powers that by our fundamental! Constitutions and forme of Government to that Court doth appertaine. 4. You are by and with the consent of the Councell to establish such Courts and soe many as you shall for the present think fitt for the ad- ministration of Justice till our Grand Modell of Government, can come to be put in execution. 5. You are by and with the consent of the Assembly to make such I jaws as you shall from time to time finde necessary which Laws being rattifyed by you, and any three of our live Deputys, shall be in force as in that case provided in the Twelfth and other articles of our fundamen- tall Constitutions and forme of Government. You are as soon as con- veniently you can to cause the Surveyor Generali to divide the Countrey into squares of twelve thousand acres By which wee intende not to alter any man’s right but that those measures and rules that wee have agreed on in our fundamentall Constitutions and forme of Government may the sooner and easier come to be put in practice amongst you. 6. You are to take notice that wee doe grant unto all free persons that doe come to plant in Carolina before the 25 th day of December, 1684 and are above the age of sixteene veares sixty akers of land and to the said free persons for every able man servant with a good fyerlock tenn pounds of powder and twenty pounds of Bullet sixty akers and for every other sort COLONIAL RECORDS. 237 of servant fifty akers to his or her proper use and behoofe and to their heirs from Virginia And the goodnesse of our Tobacco will advance the price to countervaile the charge. That the present yearely Product of our eomodity (to say) Tobacco in vo r County of Albemarle pays his Ma*“ for Custome at least 80004; ster- ling And the yearly product may be s'* to be worth many thousand pounds besides our great stock and the Indian Trade w oh were we sup- plied directly from England would much advance your Settlement. That it would be great Encouragement to People to well Plant and remove to yo r Lord 1 ’ 8 s d County A to vo r Lord 1 '* profitt if did as at vo r Lord 1 ’ 8 South Settlem* Carry on Plantations there which would Answer yo r Expectations without being a fourth part out to what some of yo r Lord 1 ' 8 have beene. Bee pleased to consider a necessity for yo r speedy & effectual I suppress- ing y® Rebellion though at some charge by a small force for that not onely 248 COLONIAL RECORDS. his Maj' ys Customes are unpay d & yo r Lord 1 ' 8 interests lye at stake by y* great Injury it will be to y® neighbouring Governin' 8 as New England, New Yorke, Maryland & Virginia by servants, Slaves & Debto" flying thither w ch will in eontinuanee of time make them so stronge as small matters will not then do it & 1 am sure a Vessell with 8 or 10 Guns A: full power to beat up for Volunteers in Virginia to suppresse them if they refuse on Proclamation of Indempnity to come in & submitt them- selves to yo r Lord 1 ’ 8 exeept 2 yr 3 persons that are Promoters of the said Rebellion which reguard of yo r Lord 1 ’ 1 ’ 8 will be a discouragem' to the Rebells encourage the Inhabitants A others to live und r yo r Lord 1 ” protection. I n or about Aprill 1 (578 1 doe Averr that these Proposal Is were tendred to y e Lds P r p r t re in London by mee cfc y ft ordretl mee upon y® same to give my deposition & it to offer to y® L d Tresurer w tb mv pitition y® w oh I did & his Grace Duke of Albemarle Presant. & they ord rd y® same to come befor y® Kings Maj ty & Counscill w oh was aeordingly agreed on bv y e Lo ds Propriat”, but after upon what considerations of thers I know not, I was Comanded by y e s d Lords To forbeare offering it or proceeding any further therein This is for a trouth given Und r my hand this 15 th Aug 8 ' 1(579 TIMO BIGGS Dep ty for y® Earle of Craven I the subscrib 1 doe averr and am ready to be deposed y‘ y® above attes- tation and averrm' to the Send' of y® afores d Proposalls is the hand of M r Timothy Biggs JNO TAYLOR 1679 [B. P. R. O. Colonial Papers.] THE REMONSTRANCE OF THE INHABITANTS OFF PAS- PATANCKE TO ALL THE REST OF THE COUNTY OF ALBEMARLE. 3 December 1677. First the occasion of their secureinge the Records & imprisoning the Presid* is, that thereby the Countrey may have a free parlem* & that from them their aggreivances may be sent home to the Lords, w ch are COLONIAL RECORDS. •249 breifely these; In the first place (omitting many hainous matters) hee denied a free election of an Assembly and hath positively cheated the Countrey of one hundred and thirty thousand pounds of Tobacco which hath raised the levie to two hundred and fifty pounds of Tob° ^ head more then otherwaies it would have beene besides neer twenty thousand pounds of Tob° charge he hath brought upon us bv his pipeing guard A now Capt. Gil lam is come amongst us with three times the goods hee brought last yeare but had not beene two houers on shore, but for the slip of a word was arrested for one thousand pounds sterling & many affronts and indig- nities thrown upon him by v e Presid* himselfe, in somuch that had lice not beene earnestly perswaded by some hee had gone directly out of the Countrey and the same night (about midnight) hee went aboard with a brace of pistol Is and presenting one of them eockt to M r Geo. Durants breast & w th his other hand arrested him as a Traytour and many other Injuries, mischiefes and grievances hee hath brought upon us, that thereby an inevitable ruein is comeing (unlesse prevented) which wee are now about to doe and hope & expect that you will jovnc with us therein, and subscribe this 3 d day of 10 ber 1(377. Will" 1 Crafford, Will" 1 Bird, Edw d Wells, Jn° Halford And 30 more w oh for brevitie I omitt to insert A true Coppie. Albemarle ix Carolina. Edward Wade aged 34 yeares or thereabouts, who deposed, saith that the within said writeing is a true Coppy of that which this Deponent (as Marshall Generali at that time of the Country afores d ) comanded and seized from Sam 11 Pricklove about the fourth or fifth of Decemb r 1(377 who was comeing upp therewith (as yo r deponent supposeth) to publish itt in the precincts of Pvquomons, after hee had drawne itt w th his own hand writeing from the originall Remonstrance (soe called by and) from the Pasquatanckians, w oh they sent out upon their Rebellious riseing in armes, breaking sundry locks, stealing the publicke Records & then seize- ing& and imprisoning M r Tho. Miller then Presid* & Comander in cheife und r the Hon ble Govern 1, deceased his Maj ta Collec 1 & deputie for the R l Hon Me the Earle of Shasbury &c. with two more of the L ds Prop" dep lV6s w oh originall Remonstrance was written by one John Culpeper as the s d Sam 11 ' Pricklove told mee and further saith nott. Sworn before me this 22 of Agust 1(379. JOHN HARVEY. (Indorsed) The rebbells first paper called a Remonstrance and M r Wade’s testy- monye date - th , , j ... i 7“ moneth 1 b / 9 whose names are hereunder written ) i Charles Frau Christop John Steven Hancock William Wayf Henry Prows John Hunt William George Jonathan William Bundey. Joseph Scott John Peare Isack Page Henry White Arnold Timothy Meads Jonathan Tarper William Tur(ner) Solomon Poole COLONIAL RECORDS. 253 These may give to understand That most of us whose names are here- unto subscribed have been Inhabitants in Carolina since the yeares 1663: and 1664. Wee doe declayre and averr that the above subscribers comonly called quakers did cause this Remonstrance to be drawn In order to itts pre- sentment to the Lds proprietors and did also assigne it this is for the Trouth given under o r hands this 25 th Sept 1679 JAMES HILL dep tv to the Duke of Albemarle. TIMO BIGGS. Dep ty for the R‘ Hon eble the Earle of Craven Note. — All blanks torn away in the original documents. — W. N. S. PATENT FROM GOV. HARVEY. By Instructions received from his Excellency the palatine and the rest of the true and absolute Lords and proprietors of the province of Car- olina dated att white hall the 5 th day of February 1678-9 Remaineing upon Record in the Secretaries office in the County of Albemarle as doth att large appeare, I John Harvey Govern 1 ' and Lords proprietors Dep tv being required to passe grants according to the fform by them prescribed to all persons who shall make the same appeare to us A desire the same, y* they had patients for Land from S 1 William Berkeley any time before the 25 th day of Decern r 1663 With all intimities and priviledges therein granted Bee it knowne unto all men that this 27 th day of Novem r 1679. Jn° Varnham esq 1 ' made appeare to the governo 1 ' and Lords Deputies A pattent of Land eonteineing Two hundred and flirty acres granted by S r Willm Berkley the 25 th day of Septem 1 ' 1663. Remaineing upon record in the Secretaries office above the patent hereunder granted as doth in full appeare upon which 1 John Harvey Govefno r and the rest of the Right hon Wc Lords proprieto™ Deputies as a fores' 1 have passed this following grant. S 1 ' George Carteret Kn‘ A Baron tt Vice Chamlierlaine of his Maj tl0S household one of the Lords of his Ma ty * most hon blB privie Counsell, pal- atine of Carolina, A y° rest of the true and absolute Lords A proprietors of Carolina. To all persons to whom these presents shall come, Greeting in our Lord God everlastinge, Know yce that wee the s d Lords & abso- lute proprietors according to our Instructions dated at White hall y® 5 th 254 COLONIAL RECORDS. day of ffebruary 1(578-9 remaineing upon Record in the County of Albe- marle in the province of Carolina, Doe hereby grant unto John Varnham esq r of the s d County planter, a plantation conteineing Two hundred and ffifty acres of Land English measure, lying and being in the precinct of Shaftsbury lying on the River of Albemarle, beginingeatt a marked Red Oake on the Riverside by Rodger Williams his Land & running do wne the s d River to a marked pine, then Nor: Ndr: East Three hundred and Twenty pole, then to the Miles end of Roger Williams his Land and soe by his Trees South West to y® first station, the s d Land being due unto the s d John Varnham bv & for the transportation of ffive persons into this Collony whose names are in the Record mentioned under this pattent To have and to hold the s d plantacon unto the s d Jn° Varnham esq r his heires and assignes for ever, with priviledge of hawking, hunt- ing ffishinge & ffowleing, with all woods & trees, w th what else is there standing, growing and being, w th his due share of all Mines & Mineralls, w th all profetts, Comodities & hereditam ts whatsoever belonging to y® s d Land Yieldinge and paying therefore unto us & our heirs & Successors yearely every 29 th day of Septem 1 according to the English account for every ffifty Acres of Land hereby granted one shilling of lawfull English money, or the value thereof, for every of the aboves d f fifty acres To bee holden of us in fee & eomon soccage provided always that if the s d Land bee not seated w th in one yeare after y* date hereof That then this pattent to be void or else to stand in full force. Given at M r Geo: Durants house under y® Seale of y® Countie of Albemarle this 27 th day of Novem r being y® 16 th yeare of our possession of our province of Carolina Ano Dom 1(579 Witnes Jn° Harvey esq r p r sid‘ and Comand 1 in chiefe of our s d County, and our trusty and Well beloved Couneellors who have hereunto sett their hands y® day & yeare aboves d M r John Varnham 250 acres of Land JOHN HARVEY RICH d FFOSTER JOHN WOLFENDEN JN» WILLOUGHBY' JOHN JENKINS ANTH° SLOCOM ROB 4 HOLDEN COLONIAL RECORDS. 255 [B. P. R. O. Colonial Papers.] AT THE COURT AT WHITEHALL THIS 19 th DAY OF DECEMBER 1679 Present The Kings most Excellent Ma ty in Council Whereas it appears by the affidavit of Thomas Miller that the pet r being by Comission from the Commissioners of his Maj ties Customs ap- pointed Collector of His Ma tvs Customs in Albemarle in Carolina, bee had gotten into his custody sundry specialties and other effects of To- bacco received to the quantity of 8 or 900 Hogsheads together with sun- dry other European Goods seized as illegally imported to the value of 1200£ ster 1 but that the premises were snatched out of the pet” hands in a Rebellion contrivet earned on and headed by Richard Forster John Culpeper and several others and that the said .John Culpeper assuming the title of Collector of his Ma tys Customs took the same into his custody & embezzled great part thereof if not the whole and suffered vessells illegally to trade and that the said .John Culpeper being since come into England is now upon his return back unto some of his Ma*-' 9 Plantations in America It was thereupon Ordered by the Lords of his Ma tT9 most hon bl ® Privy Council that the Coin inis™ for executing the office of Lord High Admiral of England doe forthwith give directions to the Com- mander in eheife of his Ma tvs ships in the Downs forthwith to cause strict search to to bee made on board all shipps as well Men of Ware as others bound to Virginia or elsewhere for y® person of the said John Culpeper and him to seize and send up in safe custody hither to answer to the abovementioned crimes A offences And it was further Ordered that the Lords Commiss” of his Ma 1 -' 9 Treasury do forthwith give direc- tions to the Commiss™ of his Ma tys Customs to give orders to the several 1 officers in the Western Ports from whence any ships are bound to Vir- ginia or other his Ma tvs American Plantations, strictly to search the said ships or such as by accident may put in there for the said person of John Culpeper and him to seize and send him up in safe custody hither to answer to the abovementioned crimes and effects. ( Indorsed) Copie of an Order for seizing M r Culpeper COLONIAL RECORDS. 256 [B. P. R. O. Colonial Papers.] RE I ' R ES EN TAT I ON TO THE LORDS PROPRIETORS OF CAROLINA CONCERNING THE REBELLION IN THAT COUNTRY. TO BE MADE USE OF IN FURTHER EXAM- INATIONS. It is humblv tendred to the consideration of the most Illustrious and Right Honorable the Lords Proprietors of the Province of Carolina. That the Rebellion of the Inhabitants of the County of Albemarle was not accidental! or casually arose from any present or sudden provo- cation given, but rather the effect of a more mature or deliberate contri- vance, which I humbly conceive will so appeare to your Lordships by the ensuing particulars as here circumstanced, the mane substance whereof can be clearly proved by the evidence of divers credible witnesses upon oath before any person or persons, your Honors shall think tit to em- power to take cognizance of the premisses. That the Principalis and Heads of this Rebellion were not only prompted thereunto by ambition and envy or the private pekes and par- ticular disgusts they had to those Gentlemen vour Honors thought fit to entrust with the Government, but alsoe more especially those personall and particular crimes they knew themselves guilty of and accountable for whenever a Governor should come. That this was a deliberate design of no sudden growth may be proved by their generall charge wherein all their former actions seem to have a natural 1 tendency to this their last and horrid end, At first their severall times disturbing the Courts, subverting the Government, dissolving Parlia- ments, Their industrious labor to be popular and continued making of factions and parties. Their poysoning the peoples ea res, unsetling and disquieting their minds, by diffusing and dropping abroad, by their Agents false and dan- gerous Reports tending much to the indignity of your Honors and re- proach of your Government, and among divers others, that your Honor- intended to raise the Quitrents to two pence and from two pence to six pence per acre. Now what they have done since is so notorious and obvious to every eye, as the imprisoning your Lordships’ Deputies, put- ting the President who was likewise his Majesty’s Collector into Irons, their Generall arming on the first appearance of Gilliam’s shipp in Pas- COLONIAL RECORDS. 257 cotanke River, their seizing and carrying away the Records, Lastly their arrogating and assuming to themselves the supreme and sovereign power, by first dissolving then erecting Courts of Judicature, convening Parlia- ments without Writs, and as if they had the sovereign and absolute power they put out make New Officers not only in Courts and other pub- lick services of the Country, but even where The King is more imme- diately concerned, turning out His Majesty’s Collectors, putting in others, clearing and discharging Ships, but last of all their most horrid treason- able and tyrannicall actings in erecting a Court for tryall of life and death without the Lords Deputies or Commission of Over and Terminer or any other colour or pretence of Authority, either from His sacred Maj‘ y or your Lordships, and particularly in the cases of M r Thomas Miller and M r Timothy Biggs. But their special!, particular and respective crimes arc here annexed to their severall names here in the margin in the order following (viz*) Cap* Valentine Bird. He being appointed by the Country to be Col- lector of His Majesty’s Duty of the penny per pound, for all Tobacco not exported forEngland, did without power from or the privity or consent of either my Lord High Trcasurar or his Majesty’s Commissioners of the Customs suffer the New England Traders to load and carry away the Tobacco of the Country without paying the said Duties, bv which meanes they are now run in arreare to His Majesty one hundred and fifty thou- sand weight of Tobacco, and finding the hazard he had run in case an- other Collector should be sent he with above one hundred more, most whereof were Pastotankians, which after led the other Precincts into Rebellion there, with him subscribing a Paper against the payment of the said Duty, but after hearing by the report of Crawford that M r Eastchurch was coming Governor and M r Miller Collector, Bird and the rest of the subscribers were the first that took armes and opposed Miller at his first landing fearing they should be questioned for what they had done so, as soone as ever Gilliam arrived they again take armes and by their Agents invite the other three Precincts to jovne with them, and till the gen- erall elaps of the Country they were only in this defection and Bird was their Leader and drew the first sword, encouraged hereunto by Captain Zackery Gilliam who supplied them with many fire armes and other weap- ons of War, came with some of his Seamen armed to Captain Craw- ford’s house, where the President and two other of the Deputies were taken prisoners. George Durant, hath several times before not only contemned but op- posed the authority established by your Honors, and in the head of a 29 COLONIAL RECORDS. 258 Rebell rout by force subverted the Government turning out and placing in whom he and they thought fit at pleasure, and openly threatning that, if ever M r Thomas Eastchurch came in Governor, he would turn Rebel!. And as if these were too small crimes, he hath viciated a Record of Court bv adding, razing and other waves altering the verdict of a jury, and as foreman giving it in contrary to what the whole Jury had returned upon oath, particularly in case of M r Thomas Miller. And in fine hath all along when at home beene one of the most violent, active and the most outrageous of all the Conspirators and Insurrectors. Capt. William Crawford hath formerly as well as now industriously made it his business to be popular, make factions and then head them and very subtily though clandestinely and underhand, will be found one of the chief contrivers as well as acters in this Rebellion, but (besides) his particular crime, in the imbezling and taking of the file of the Rec- ords, a gratious grant of your Lordships to the Country. And having formerly got the Records into his Custody, divers of them are since not to be found: and this he did, as mav be judged; (since he could make no private advantage thereby) purposely to keep the people ignorant of your Honors good intentions to this Country and might find fitter occa- sions thereby to insence them against vour Lordships and the govern- ment. Capt: John Willoughby He is a person that runs himself into many errors and premuniries through his extra-judiciall and arbitrary proceed- ings in the Courts of Judicature, and for instance in the case of M r Thomas Eastchurch, who by reason of their tyranny and injustice to himwards would have appealed to your Lordships, but was thus an- swered by Willoughby That they were the Court of Courts and Jury of Juries. He is a person that through a naturall habit of pride or ambi- tion hath been alwaies imperious amongst his equals, courteous to his inferiours, because factious and would be popular; stubborne and disobe- dient to superiors, evidenced by his scornfull and peremptory refusing obedience to the “summons of the Palatine’s Court and his beating the sworn Officer that served the same : and for this and other scornes and contempts put upon the Court, and continuing still obstinate, he was out- lawed: The next Parliament approving of the proceedings against him, set a fine on his head for his said contempt. And hereupon he disavowes your Government by addressing his complaints to the Governor and Coun- cil 1 of Virginia, and notwithstanding the discountenance he met with there, vet he returns not homewards till he heard the Country was up in armes. COLONIAL RECORDS. 259 Capt: Thomas Cullum frequently sells powder, shot and fire-armes, as well to those Indian nations that are not as those that are in amity with the English, expresly contrary to the Laws of all the English Provinces which make it death to sell either td our enemies, i^nd on notice given to the Magistrates of Virginia, Warrants were there issued out for ap- prehending him, and if he had there been taken (although in another Government) he must have stood a tryall for his Life for the same or like fact there committed. Lieut: Col: John Jenkins being some time made Governor by the ap- pointment of Cartwright was after for severall misdemeanours displaced and imprisoned; yet although never legaly discharged, raiseth a party of riotous persons in armes, and these with some others vote him General- issime, neither he or they pretending to any other right or authority than what he derived from this Rebell Rout, these turne out the Palatines Court, dissolve the Assembly, place and displace whom he and they pleased by an arbitrary power and force. But yet although Jenkins had the title yet in fact Durant governed and used Jenkins but as his prop- erty, for of all the factious persons in the Country he was the most active and uncontrolable. John Culpeper, a person that never is in his element but whilst fish- ing in troubled waters, he was forced to fly from Ashley River for his turbulent and factious carriage there. lie both here and in New Eng- land with some of the discontented Traders plotted there and underhand here incouraged the hot headed people to this rash and ill-advised Rebel- lion. Culpeper being their Secretary or Register and one of their Caball or Grand Couneill in matter of advise, this being the second disturbance he hath made here, besides what he hath done in Ashley River, New England and Virginia and therefore a man they much hearken to for his experience sake. Patrick White is one that with Willoughby applyed himself to the Governor of Virginia, that beate M r Miller when he landed, and an act- ive man in this Rebellion, and hath formerly been a disturber of the Government. * Capt: James Blount, although one of the Great Couneill or Assistant to the Deputies is one of the chief persons amongst the I nsurrectors, and although I wrote to him, the speaker and rest of the Burgesses of Chowan Precinct, vet when the Sheritfe or Chief Martiall came with my letter and endeavoured to raise Posse Comitatis for keeping the peace and securing of that your Lordships Country, lie the said Blount with one Captain John Vernham took the Martiall and his men Prisoners and raised forces against the Government. 200 COLONIAL RECORDS. Bonner and Slocum two other of the Burgesses joyne with Cullum, Blunt and Vernhani. So that all the live Burgesses of Chowan, although contrary to their Oathes of Allegiance and Obedience, and to their pro- ceedings in Parliament, are in this defection and by their bad example have drawn in the Country people. There are besides these about eighty or an hundred which may be ranked in a second Classe differing no more from the former than second rates from first. And all or most of these have been guilty of former insurrections with some of their Leaders above named, especially such as live in Pascotanke, viz* Lieutenant Wells, Seares, Jennings, Ellis, Bonesby and his two sons, Cotes, with divers others of the Precinct. Now the rest of the people may rather be reputed newtrall, for if they have complyed (as many of them have done) it is only through want of Courage that they have sacrificed their faith to their fears, and for the same reason will on the first appearance of a party from your Honors although but 60 or 70 men on pardon published and exam plary justice done on the Ring-leaders who do overawe them, they will then gladly returne to their duties, their necessities also constreighning them, for they cannot subsist without planting of Corne and Tobacco, well knowing that with- out these two (having made them their sole dependence) they must perish by hunger or want of cloathing, unless the Clieif leaders build Capers and imploy them to rob the Merchants to supply their wants as they come into the Capes of Virginia which is not above 20 or 30 leagues from this Inlet; and they are apt enough to tell them, that in respect of the openness of the Road, shallowness of the Inlet, fastness of the Coun- try, and by reason of the woods, swamps, rivers, creeks and runs, this Country being no waies accessible by Land but to the northward from Virginia, and that but by three passes or avenues, by which m canes they may possibly be persuaded they may be as safe from His Majesty’s Frig- ates as if they were in Sally. I mention not this to discourage your Honors, but do likewise assure you that they are as inconsiderable, as rash and disobedient : the whole number I do not say of men but Tythables that is of working hands consist of about 1400 persons, a third part whereof at least being Indians, Negros and women will, the rest once being declared Rebells, quickly desert them and come in in hope either of liberty or better usage. So that in tine 1 can no way bring the number of Rebells that may be ex- pected in armes to amount to 100 men, and these by reason of the sev- eral rivers and creeks which run north and south, and divide the sever- all Precincts, so that they cannot suddenly joyne. If therefore a Ship COLONIAL RECORDS. 2G1 from England with goods and servants which I am confident would an- swer the charge, two or three Sloopes prest from Virginia, all mail’d with about GO or 70 men divided into two parties, one whereof might run up to Chowan up the Sound in a night, and there I am sure they would meet with many Loyall and lusty young men, who would immediately joyne with them and on notice divers who fled to Virginia would return for Pasquimans, there were but 3 or 4 noted Rebells as Jenkins, Durant, Sherrell, Greene, Pricklove and Lininton, most of the rest being Qua- kers, who stand firme in their obedience although they will not fight, tin 1 archest Rebells and greatest number being in Paccotanke. And although it is easy to reduce them either by the way above proposed or by those soldiers as are yet behind in Virginia or by Volunteers from thence, near two hundred having promised M r Eastchurch to march in with him as soone as he should obteine Licence from the Governor there, but his death prevented his designe, the Governor assuring him by his messin- gers that nothing should be wanting on his part wherein he might serve him, they there and also in Maryland being exceeding sensible of the dangerous consequences of this Rebellion, as that if they be not suddenly subdued hundreds of idle debtors, theeves, Negros, Indians and English servants will fly into them & from thence make Inroads and daylv In- cursions, whence great mischief may follow which may better be foreseene and prevented than after remedied, tor considering the vast coast and wild woods of the backside of Virginia they may come from Maryland d in lew of Tobacco for v® Kings dues in y® Upp r p r ts of Albe- marle as by y® said Biggs his acco‘ will further justly ap- peare A v® rest by myselfe y® value in the total 1 amount- ing to 242£ 8s Id Sum totall of money Sterl® A seiz” made in the upp r p r t.s of Albemarle is £ 942:8:1 4 th From v® lower p r ts of Albemarle in bonds rec d by my Dep ty M r Hen: Hudson from one M r Fost r a form 1- dep ty 30 £. s. d. 700:00:00 242:8:01 COLONIAL RECORDS. 266 Collect 1, a bond taken by himselfe the totall pMucte whereof in Tobacco as by his Acco‘ will appeare is 410 Hogds which 'tobacco^ alloweing 400 pounds per hogshead amounts to 104000 5 th Seiz” made of European goods as illegally imported by my said deputy M r Hen : Hudson in y® low r ptsas ^ his £. s. d. aeco* will appeare amounts to 300£ sterl : 300:00:00 To which add 942:8:01 Sum totall in money Sterl g is 1242:8:01 Now in bonds for Tobacco & 4 Tobacco rec d in y® upp r p r ts V of Albemarle amounts to J In bonds for Tobacco in the! Low r p r ts of Albemarle ut > supra amounts to J pounds Ib hogs '* 6 1 63068 w oh in Hogsh** at 400 p r hogs* 1 is 407. lb 1 64000 w oh in Hogsh d *> at 400 p r hogs d is 41 0. lb Sum totallis 327068 w ch ut supra at 400p r Hogs hd amounts to 817. All y® ] /misses vizt: 327068 or 817 hogsheads of Tobacco & y® s d sum of 1242£ 8 s l d Sterling were really taken out of mine & my Deputyes hands in y® yeare 1677 as ^ their acco te will appeare by reason of y® late insurrection or rebellion w oh broke out in y® fores'* County in X ber y® same yeare Contrived & carried on then & since alsoe bv Rich 1 * Foster Jno. Jenkins Ja Blunt Will"* Crawford Patt White Geo. Durant Jn° Willowby Capt" Zach. Gillam Jno Culpeper w th oth rs their Confederates & New England Trad” y® said Gillam & Culpeper being two Principall Act” & Abett” therein one of them viz: v® said Culpeper assuminge the title & office of his Maj ts Collect 1 by y® incouraigement of y® said Gillam & assistance of the rest tooke the same violently out of our hands A management most cruelly imprisoning us thereupon and then disposed of his Ma ts eoncernes to his and their uses: And besides this reall damages (in takeing y® phnises out of our hands) doun to his Ma ty in that year 1677 & for 2 years before, there is all most 3 cropps of tobacco w' b y* of the fores'* year 77. deducteing w‘ I had recd then in y® Upp r p r tes & M r Hudson was about to receive in y® low® p'tes both w ch is about 140 hogs- heads in y® preceedent acco* w ch is to be aeco'able for his Ma ty " dues amounting to 5860 Hogsheads or y® valew in lew thereof in mony sterl 8 att one penny gt pound y® price current payable for every pownd of tobacco thence exported except directly for England, Wales or Barwicke there being annually made in y* place 2000 Hogsheads of Tobacco as by a COLONIAL RECORDS. 267 letter from their Assembly bearing date Nov br 1677 to y e Lords Propri- ato r9 will appeare and not one y‘ we know of legally exported thence according to the Lett' of the Acts of Parlanf THO: MILLER Collect' HEN : HUDSON Deputy Collect' Jur* Thomas Miller & Henry Hudson that the Contents here mentioned are all true dated 21 January 1679 GEO: NICHOLAS. [B. P. R. O. Colonial Papers.] COM' 9 OF THE CUSTOMS TO LI)S OF TREASURY 22 JANUARY 1679-80. May it please your Lord 1 ' 9 In obedience to your Lord p * Comands signifyed to us by Mr. Guy on the anex d Peticion of Thomas Miller late Collect o' of Lis Ma tes Customes in Albemarle Countye in Carolina Setting forth that he was deputed Collecto' in the yea re 1676 and arrived there in July 1677 and bv the powers and Instructions given him by the Com™ of his Ma“ Customes had reduced the matter relating to Ins Ma te Revenue of Customes there into •a good order and method and had secured in goods and specialtyes to his Ma t9 use in lieu of Customes to the value of above Two thousand pounds Sterling and had taken care for a speedy freight to convey the same for England But was hindered by a great Tumult and Rebellion that broke out in the month of December 1677 in w oh John Culpeper and Zeehariah Gillam & others were Ringleaders the Petition' being put in Irons and in a cruel 1 and Barbarous manner shutt up from all Society & Robbed of the Books Specialties Papers and goods that related to his Ma ts Debts and Revenues as also of all his own bookes & goods to a considerable value That by the good Providence of Almighty God the pet' in the year 1679 made his escape and in December last arived in England where with his Deputy whom he bro 1 over with him he is able to charge the said Culpeper and Gillam with the said miscarriages who are now both in England whereby his Ma tes just dues may be secured and the Parties 268 COLONIAL RECORDS. punished according to Law and Justice, But the petition* by reason of his goodes being taken from him as aforesaid & his long unjust and cruell confinem* w th the great charges of his voyage & coming to London from the Western Parts of England where he first landed in soe much im- poverished That he hath not wherewithall to supply himselfe and his Deputy in necessaries And humbly Praying your Lord 1 ' to take his sad Condition into your Compassion and to direct the Com” of his Ma“ Customes to examine the severall Allegations & Proofes the Pet r hath in the Premisses That his Ma** 9 duties may be secured And that Culpeper (who is now in Custody by Order of the King in Councill) together with the said Zechar. Gillam may be examined and punished according to their deserts for the said misdemean” And that the Petition* may have Councill assigned him to manage the charge against the said persons be- fore the Councill Board and something allowed for him and his Deputies present reliefe as your Lo p9 in your wisdome and great equity shall think fitt the Pet® having been a sufferer for his Zeale and faithfulnesse in his Ma** 9 service. We do humbly report to yo r Lord 1 ' 9 that by your Presentment of the 9 Instant (copy whereof is hereunto anexed) we laved before y® Lord 1 " the state of yo r Petition” case And having examined the anexed Petition We do further humbly acquaint yo r Lo ps That the Petition® was appointed Collector of his Ma 1 * 1 Customes in the said Countye in the yeare 1676 And bv the anexed accompt & the Affidavits of the Petition® and Henry Hudson one of his Deputies It appears That in pursuance of the severall Lawes relating to the Plantation Trade and his Commission from us grounded thereupon the Petition 1 and his Deputies had re cd & taken into their hands in bonds and other specialties to the value of Twelve Hundred* forty two Pounds eight shillings and one penny sterling & eight hundred & seaventeen hlids of Tobacco & That John Culpeper mentioned in the Petition by the encouragement of Zecha. Gillam being two of the Prin- cipall Contrivers & Promoters of the said Rebellion with the assistance of severall other persons violently took the same out of the Petition® and his Deputies hands & disposed thereof to his & their uses. We do further humbly acquaint yo r Lord 1 ' 5 that the Petition® & one of his Deputies are now here in person to make proof against the said Gillam & Culpeper for recovering his Ma** dues soe taken from them And we are opinion that the King’s Councill learned in the law may be advised with in order thereunto And the Petition® being as we conceive reduced to great necessity anti having not wherewithall for a present maintenance of himselfe and Deputies much less to defray the necessary charges of his COLONIAL RECORDS. 269 & his Deputies attendance on the prosecution of the said Gillani & Cul- peper We do humbly recommend him to yo r Lord 1 ' 3 favour for such an Allowance as yo r Lord ps shall think fitt he having been a great Sufferer in the King’s service All which is humbly submitted to Yo r Lord pB Consideration G. DOWNING. JOHN UPTON. H. MILLINGTON. CH : CHEYNE. « Customhouse London. 22 January 1679. [B. P. R. O. Colonial Papers.] THE AFFIDAVIT OF JAMES SWANSON OF LONDON WHO DEPOSED SAITH That in May 1676 this deponent being then in Albemarle did see M r Thomas Miller then under a guard of soldiers a prisoner upon an accu- sation of seditions or treasonable words (as report there went) for w oh they were carrying him from thence into Virginia to be tryed by S r Win. Berkely and his Councill and farther this deponent saith that in June following he saw the s' 1 Miller at Janies Towne in Virginia several 1 days after he was acquitted of y® s d accusation and in July following y e s d Miller publiquely came on board the sliipp Constant of London Capt. Jacob Hayes Comand r this deponent then belonging to y® s d sliipp and after the said Miller had publiquely come on board and often as pub- liquely went ashore, came home in v® s d sliipp with us that voyage and farther saith not. JA SWANSON Decimo tertio die Februarii 1679 jurat corain me ROBERT CLAYTON Mayo r 270 COLONIAL RECORDS. [B. P. R. O. Colonial Papers.] AT THE COURT AT WHITEHALL THE 4 th OF FEBRU- ARY 1679-80. Present The King’s most excellent Majesty in Councill Whereas a Complaint was this day made at y e Board of divers sedi- tions practises lately carried on in the Province of Carolina against his Maj tys Peace and Governmen 1 by John Culpeper and others. His Ma ty is pleased to refer the examination of the whole matter unto the Lords of the Comittee of Trade and Foreign Plantations who are to meet on Sat- urday next at ten in the morning, And it is therefore farther Ordered that the Lords Proprietors of Carolina do then return to the said Com- mittee an account of what has passed within the said Province in rela- tion to the said Complaint and breach of Peace in that Government with an authentick Copy of their Charter, and that their Lo ps by themselves or their Agents do attend the Committee at that time PATENT FROM GOV. JENKINS. By instructions rece d from his Excellency the palatine and the rest of the true A absolute Lords and proprietors of the province of Carolina dated at White hall the 5 th day of ffebruary 1678, remaining upon record in the Secretaries office in the County of Albemarle as doth at larg apeare; I Jn° Jenkins governo 1 and Lords proprietor dep tys being required to pass grants according to the form by them prescribed to all persons who shall make the same appear to us & and desire the same, that they had patents for land from S r Willm Berkeley any time before the 25 th day of December 1663 : with all imunities & priviledges therein granted. Bee it known unto all men y‘ this 5 th day of ffebruary 1679 Thomas Relfe planter made apear to thegoverno r & Lords Dep ties a [latent of Land containing seven hundred & ffifty acres granted by S r Willm Berkley the 25 th day ofSeptemb r 1663 remaining upon record in the Secretaries office above, the pattent hereunder granted as doth in full apear upon which I John Jenkins governo 1 & the rest of the IT hono ble Lords dep tiea as aboves d have passed this following grant S r George Carteret t K‘ and Barro 1 vice Chamberlaine of his Ma ties household, one of the Lds of his COLONIAL RECORDS. 271 Ma ties most hon We privie Councill & the rest of the true and absolute Lords & proprietors of Carolina. To all persons to whom these presents shall come Greeting in our Lord God everlasting. Know yee that wee the s d Lords and absolute proprietors according to our instructions dated att Whitehall the 5 th day of ffebruary 1678 remaining upon Record in y e Countie of Albemarle in the provinc of Carolina, doe hereby grant unto Jn° Jenings and Thomas Rdf of the said Countie planters, A plan- tacon containeing Seven hundred and ffifty acres of land English meas- ure lying and being in the precinct of Carterett, lying on the South West side of Craven River, begininge att a small marked Cypress att the mouth of the Swamp & runing by Thomas Keele his Land into tin; Woods South West & by West three hundred A twenty pole, then Nor: West & by Nor: three hundred and Seventy ffive pole, then Nor: east & by East to a marked Cypress in the Codd of a bay being on of M r Iforsons marked trees and so along the bay to the point of the River and downe the s d River to the first station, the s d land being due to them the s d John Jenings & Thomas Relfe bv and for the transportaoon of fifteen persons into this Collony; Whose Names are in the Records mentioned under this pattent. To have & to hold the said plantation unto the said John Jenings & Thomas Relfe his heirs & assigns for ever, with privi- ledges of hawking, hunting, ffishing & Howling, With all Woods A trees, With what else is there standing and growing & being, w th their due share of all mines & mineralls, With all profitts, Comodities & hereditaments whatsoever belonging to the said Land. Yielding & pay- ing unto us therefore; and our heirs and successors vearelv every 29 th day of Septem' according to the English account, for every ffifty acres of land hereby granted one shilling of lawfull English money or the value thereof for every of the afores d ffifty acres to bee holden of us in fee and coition soccage. provided allwavs that if the s d land bee not seated within one year after the date hereof that then this pattent to be void or else to stand in full force. Given att M r George Durants house under the scale of the County of Albemarle this 5 th dav of fFebruarv being the 16"' year of our possession of our provinc of Carolina Ano Dofni 1679. W i tnes Jn° Jenkins esq r Gov' and Contain!' in cheife of our s d County, and our trusty and welbeloved Councello™ who have hereunto sett their hands the dav A veare abovesaid. JOHN JENKINS RICH' FFOSTER John Jenings & Tho: Relfe 750 acres of land. JOHN WOLFENDEN JN° WILLOUGHBY WILL*” CRAWFORD ROB' HOLDEN 27 2 COLONIAL RECORDS. [B. P. K. (). Coloniaij Papers.] The affidavitt of Henry Hudson aged 54 yeares or therabouts saith That in July Ki77 M r Thomas Miller arived in Albemarle in Caro- lina w th sundry Comissions and Instructions relateing to his Majesty and the Lds Propriet” affaires whereof one was to be Collect 1, of y e Customes their and after haveing by y® advice and assistance of y® then Counsell there reduced v® Indians and y® Governm 1 w ch y® yeare before and then alsoe lay in a tumultuous confusion, he setled his Majestyes affaires re- lateing to y® Customes appointing officers for each River and amongst the rest did depute this Deponent his Deputy Collect 1 " for collecting his Maj ty ‘ dutyes in the Lower Pts in pursuance of w ch this deponent acted sometime in y t affaire and had receaved in good bonds to y® quantity of 410 hhds of Tobacco for his Majestyes use and about £300 ster* of Contrabanded Goods seazed as illegally imported and soe for v® space of five months things went on in quiet and peaceable manner as to the Gener 11 (though some were factious])' inclined untill X ber following upon y® arivall of one Capt. Zaeh. Gillam of Loud” that yeare the inhabitants then riseing up in Armes thier broke out a more violent resurrection then heretofore Even to an absolute subverting the whole authority derived both from y® King and y® Lds. Propriet” seazing and imprisoning y® said Miller and the Lds. Prop” Deputyes and all others in authority and office Yea and all such of the Inhabitants alsoe as would not joyne w th them they then writt a seditious letter to the Lower Pts. to one M r Rich. Foster to give him an acco* what they had donn above w th all requireing him to suraons y® Inhabitants below to chuse Burgesses for a new Assembly (as they cald it) and to seaze this deponant prisson 1 all w ch was donn and they mett accordingly ; att whose meeting this depon‘ being then thier prisson 1 was forced to be p r sent w th them though v* very day he was to receave upon y® Kings acco 1 100 h h h ds of Tobacco for Customes of one Jo“ Wil- liams a New England Traider whome they suffered to depart without pay- ing any duty at all, notwithstanding this depon* required assistance from them and gave caution thereof to y® s d Foster and y® rest of y® Gang thier mett who instead of choseing Burgesses, they by a shout of one and all erved out wee will have noe Lo ds uoe Landgraves noe Cassiques we renounce them all and fly to the King’s protection soe downe went v® Lords Propriet” for about halfe an owre untill y® said Foster tould them that way would not doe, whereupon they erved up v® Lo ds agaiue and went to chusing thier Burgesses as they eald them w ch Burgesses being COLONIAL RECORDS. 273 thus chosen had instructions from y® Ruble how they should p r ceed att thicr assembly w ch was, first absolutely to insist upon a free traid to transport tliier tobacco where they pleased and how they pleased without paying any duty to y e King; Upon w ch some of them cryed out God dame y e Collecto r and this Depon 4 verily thought they would have mur- thered him: the next thing was that they should bring y® said Miller to a tryall for severall odious erymes they then contrived to tax him w th all one espeaeially for cheating the Country of 135,000 lbs of Tobacco w ch was secured upon y® Kings acco 44 by y® said Miller w oh as they said be- longed to them and the w ch if he had not done they nev r would have troubled him about tliier p r tended imputation of treason or any thing else they had framed against him as Will: Crafford one of y® Cheefe Ringlead” often told this Depon 4 while he was a prisson* in his house then they were to seaze all his Maj 4 -' 8 Customes into y® r hands: these In- structions being given the s d Foster w th his Burgesses carried this Dep 4 a prisson r along w th them to one George Durant’s house w ch was y® aj>- pointed place for v er meeting and where y® afores d M r Miller and y® Lo ds Deputyes and other Officers were prissoners and where they kept this deponant und r a guard of thre files of soldiers takeing violently from this Depon 4 all the Kings bonds aeeo 48 and consumes whatsoever from him and after delivered them to -Jo" Culpeper tliier Collect 1 where y® afores d Gillum was and countenancing them with his presence A furnish- ing them w 4h drink nor would he open store untill he see what would be done about v® Governm 4 and was alsoe p'sent when they created a Pdement consisting of Tho. Collen, Speaker, James Blunt, Anthony Slocum, Jo" Vernham, Henry Bonner, Jo" Jenkins, Sam. Pricklove, Will 1 " Therrill, Caleb Calloway, Alexander Lillington Will 1 " Cra- ford Vallantine Bird since dead Will 1 " Jenings, Tho. Jarvies Enoch Billings Rich Sanders Patrick White & Will"' Sears who was ther Dnunm r in all about 18 of them this p r lement seperated five of y er Memb™ viz 4 Jo" Jenkins Will 1 " Craford, James Blunt, Patrick White and Valantine Bird to joyne w 4h one M r Richard Foster tliier cheefe Judge to make a Court of, and then this Court impanelled a Grand Jury out of y® souldiers and confused Ruble, the foreman whereof was one Mordecav Bowdon a New England T raider and one much in- debted to y® King w® h foreman consulting w th one Jo" Culpeper (tliier Col- lecto r atoms 4 and cheefe scribe A counsellor) how he should bring in y® Inditem 4 against v® sd Miller the s d Culpeper told him he must Indosse Billa vera whereupon this Jury went out and quickly returned againe but y® s d foreman instead of indossing Billa vera put downe Bill of Error 31 274 COLONIAL RECORDS. whereupon the Court looking wishtly upon it as much amazed, the s d Culpeper snatcht it from them and told them it was only a mistake in y e foreman, whereupon y c foreman p r sently replved he had donn as y® s d Culpeper had bid him; but however w th out a second goeing out or more adoe it was mended and soe passed for good the w ch manner of p r ceed- ings was not denyed but owned by Foster and others of y® Court when questioned by this Depon 4 about it Upon this the Sheri tfe was to Im- panell a petty Jury upon y® s d Miller y® foreman whereof was one Joseph Winslow another New England Traid r and one much indebted to v* King for Custome w ch was donn and would certainly then have proceeded to have taken away y® said Miller’s life as this Depon 4 had great cause to belcave (for besides the many irreverent speeches against all authority uttered by the rable) those that were upon this depon 18 guard and of y® said Miller’s jury, this depon 4 often heard them vowe and sweare that they would never depart thence untill they sawe y® said Miller dead or alive und r ground but y® comeing in of v® Govern™ Proclamation prevented it soe that they proceeded noe further in it att that time only consulted how to dispose of his Maj tvs consarnes w ch they had soe violently taken from us to y® payeing their soldiers and agents w th all and to comitt y e s d Miller prisson r in Irons as he was And this Deponant and y* rest of v e King’s officers and v e Lo d9 Prop™ Deputyes and some other of v® Inhabitants Close prison™ apart w 4h out the p r vilege of pen inck or paper or accesse of frendes or humane converse w ch continued soe w 4h some of us almost y® space of two years and to send a strong guard to oppose y® Gov p w ch they did untill he dyed in Virginia w ch was not long after Soe things continued in this posture carrved on by those already named especially there Court Members as principal Acto™ togeather with one Jo" Willoughby and George Durant who wcare thier Agents sent home that yeare to cover all thier actions over in England that truth might not come to light and forth 1 at present your Depon 4 saith not. HEN: HUDSONE Jurat 31 dieJanuar: 1679 coram W Mountagu COLONIAL RECORDS. 275 [B. P. R. O. Colonial Papers.] REPORT OF THE LORDS OF THE COUNCIL TO KING CHARLES 2“ d 7 FEBRUARY 1679-80. May it please Yo r Ma ty In obedience to Yo r Ma tys Order of Councill of the 4 th instant, We have heard the Complaint of the Commiss" of yo r Ma tys Customes ag st John Culpeper and being attended by the Lords Proprietors of Carolina we were fully satisfyed that the said John Culpeper had bv divers sedi- tious practises abetted and encouraged a Rebellion in that Province, whereby seaven of the Lawfull Magistrates Deputies to the Lords Pro- prietors were all imprison’d (the eighth of them only being drawn into that Confederacy) And that the said John Culpeper by color & force of that Rebellious Authority imprisoned the Collector of Yo r Ma tys Cus- tomes, and having seized into his own hands the Customs belonging unto yo r Ma ty diil by a Proclamation in his owne name declare himself the Lawfull Collector, embezeling and endamaging Yo r Ma tys Customes to a considerable value. All which being proved upon oath before us the said Culpeper acknowledges y e Fact A laves himself at Yo r Ma ty * feet for Your Gracious Pardon. And in case Yo r Ma ty shall think not lit to Extend Yo r mercy towards him, he desires he may be tryed in Carolina where the fact was committed But w th all the Comm" of yo r Ma tys Customs humbly beseech vo r Ma ty that no favor may be shewed him unless he make or procure satisfaction for the Customs seized and embezeled by him which we are informed do amount to the value of about three thou- sand pounds step. All which &c Councill chamber ANGLESEY the 7 th of Feb: 1679-80 WORCESTER LAUDERDALE BRIDGWATER L. HYDE 11. COVENTRY. 270 COLONIAL RECORDS. [B. P. R. O. Colonial Paters.] The Affidavits of John Taylor who deposed saitli That in Aprill 1078 this Deponent mett w th M r Tim 0 Biggs in Lon- don who upon some conference had w th him told me he lived in Albe- marle in Carolina A from thence had then been fbred to break prison A make his escape, hirnselfe A y e rest of y e Lds Propriet” Deputyes A his Ma ty “ Custome officers being there imprisoned particularly M r Tho. Mil- ler y e then Presid* A Commander in Clieife und r the Govern' (Tho. East- church Esq' since deceased) for y® Lords Propriet” A alsoe Collect' for his Mat y was clapt in irons A in shorte y® whole Government (w ch had been near 5 monthes settled in good ord' by y® said Miller A Councell) ov'throwne by a Rebellion w ch in Decemb' 1677 upon y® arrivall of Capt. Zaeh Gillum from London broak out wherein after y e publique Records first seized sundry lockes broak open in y e action all in authority or office were deposed seized A imprisoned A y e s d Rebellion contrived promoted A carried on by y e s d Gillum who was the first man that appeared in urines A w th y e maj r parte of his rude sailers on y e shore A alsoe drew his sword at y e s d Biggs y e Earle of Cravens Deputy together w th Jno. Culpeper, Rich. Foster, Jno. Jenkins, Ju. Blunt, Win. Crawford, Putt White, Geo. Durant, Geo. Willoughby w th sev'ull others their Confederates A New England Trad™ w ch Culpeper assuming y e title of his Ma tys Collect' by meanes and assistance of ye s d Gillum A y e rest of their accomplices tooke his Ma tys concernes violently out of v e s d Millers A his dep tys hands w ch were to a consid'able value A for w ch he y* s d Biggs told me y* M r Miller had taken great cure for freight for its transportation thence for England according to ord' And this Depon* further saitli he was an ear witness to y e information w ch y e s d Biggs made in relation to y® premises in his Pe- titions both to v e Propriet" A to y e Lord Treasurer when he was in Eng- land in *y e yeare afores d A alsoe y* y e s d Biggs was ordered by y® s d Ld. Treasurer to make affidavitt thereof A petition y e Kings Counsell w ch y e s d Biggs was then intended to doe but in y e Intrim y e Propriet" (sende- ing away Seth Sothell Esq' who had purchased a Propriety to be Gov'n') they commanded M' Biggs to desist and: now the s d Sothell being taken by y e Turkes is y e cause y* things to this day remain allmost in the same confusion as before. And this depon' saitli further he went to Albemarle in Carolina w th y® s d Biggs A in Feb' y 1678-9 we both arrived at y c s d Biggs his house there A soone after o' arrivall y c Rebellious Rabble mett att y e fores d Durants house y e usuall jilace of there Randezvouse A y e first salutation y‘ M r COLONIAL RECORDS. 277 Biggs had from them (notwithstanding his former declarations for peace & quietness) was a fiemptory warrant to summon him before them chargeing him to bring w th him all papers both private & publique w ch he had brought w th him from England and to answer such matters as they had to objecte against him w oh s d warrant 1 both saw & read whereupon M r Biggs asked this deponents advice w‘ to doe who told him y* as he was y® Earle of Cravens Representatives A Compt r & Survey 1 Gen r all of his Maj ts Customes y® best way was to goe up to them A publish his Com- missions & y® s d Biggs did goe to them & publish y® same & this depon 4 went w th him, where he saw all y® afores d Ringlead™ (Willoughbie <& White onely excepted) Capt n Zack. Gillam being there also who seemed to carry y® greatest sway A superintendency ov r them, but could not per- ceive this fair proceeding of M r Biggs took my effects w th them they be- ing as resolute as before, then M r Biggs put a paper up att y® Court doore signifieing y* he being y® onely officer for y® King that was arrived in y‘ Country afores d he would offitiate in y® Kings affaires w ch paper 1 saw & John Culpeper pulditt downe & soone after putt up another signed by himselfe as Collect 1 chargeing all ^sons to take noe Cognizance (as to y® Customes) of M r Biggs w° h paper is to be p'duced, neither would y® s d Culpeper give y® s d Biggs any aceo 4 of y® Kings concernes in his hands w ch to my cert ai ne knowledge Biggs demanded accordingly as he was directed by his instructions from y® Comm™ of y® Customes, but Cul- peper told him lie valued not his Commission or Instructions excptc he would joyne w 4 h them suing likewise the Country had impowred him & he would keep w 4 tobacco he had of the Kings in his hands & dispose of itt as he thought fitt absolutely refuseing to give him any acco 44 at all and more over the said Culpeper did threaten if M r Biggs made size's for y® King or meddled w 4h his Tobacco he would have him secured and clapt up againe & soe did all y® afores d Gang threaten the said Biggs to reimprison him or do him a mischeife either on board or on shore if he acted w 4h out them w ch insolent threats A surly behaviour of them caused th(‘ said Biggs w 4h y® lielpe of his family & mync assistance alsoe w oh lie had desyred to be upon our guard night and day for fear of being sett upon by them & when we went to sleep to have our gunns ready charged by us least wee should be surprised in this miserable condition we lived till y® s d Biggs was forced (for his owne saifty) to quitt his home & goe into Virginia where this deponent lefte him A came for England. JNO TAYLOR J ur 4 31 die Januar 167b coram W m Mount agu 278 COLONIAL RECORDS. [B. P. R. O. Colonial Papers.] AFFIDAVIT OF THOS. MILLER CONCERNING THE REBELLION OF CAROLINA The affidavit of Tho. Miller aged 31 years or thereabouts saith — That in or about the middle of July 1677 hee arrived in Albemarle County in Carolina with Sundry Commissions Instructions & other Instruments ot writing from the Right Hon 1 ' 10 the Lords Prop" of the s d Province under their Lor ps handes & scales for this deponent to be Register (w ch then was in y® stead of Secretary) of that County aforesaid and also to personate one of their Lor ps in Couneill there and other Comissions and Instru- ments of writing from the then Gov r vid. Thom. Eastchurch Esq r for this deponent to preside in Couneill & to bee Comand r of y e military forces of s d County af‘ores d during his y 9 s d Gov" absence and also a Comission from the hon ble y 9 Comiss" of his Majestyes Customes for this deponent to bee Collecto r there with sundry Instructions to act by. In pursuance whereof, after having (by y® advice of the then Couneill theVe) setled the Lords Prop" affaires relating to their govern off reduced the Indians, who the year before (as was manifested to y® deponent) vid. in 76 had comitted sundry murders and depredations upon some of the in- habitants) and had brought y® people, who in y® s d year of 76 (as did ap- pear to y e deponent) and then also were in a miserable confusion by rea- son of Sundry factions amongst them to a reasonable good conformity to his Majestyes and the Lor ds Prop" Laws and authority and (as y" seemed) to the generall satisfaction of y® inhabitants. The deponent then setled his Majestyes affaires in reference to y® Customes and for the better man- aging and collecting the same had appointed deputyes and other sub offi- cers in each preeynct, And had together with hiss 4 Deputyes gotten into their hands (for his Maj tyes use) from y 9 former Collecto r appointed by the Country and part received themselfes as much of the Kings Concerns in bonds for tobbacco and tobbacco received as amounted in y 9 whole to 327068 pounds w ch in hogsheads allowing 400 pounds to one hogshead comes to about 817 hogsheads as by account will appear and in sundry other bonds for money, as also in several 1 seizures of European goods judged illegally imported and of a vessell called the Patience for import- ing some of y® s d goods made by him and his deputy and in goods re- ceived in lieu of tobbacco for the Kings Customes as amounted to the value of 1242.£ 18s Old sterling as by account will also appear the pro- COLONIAL RECORDS. 279 duct and effect whereof (his salary excepted) lice had taken care for trans- portation that very year according to the hon b,e the Comiss” of the Cus- toms Orders as will partly appear by M r Henry Hudson and M r Tynio- thy Biggs, but was hindred therefrom by reason of an Insurrection and (as y 6 deponent humbly conceives) a rebellion which violently broke out in y‘ Country 1 0 ber 77 and hath to this day continued without any effectuall restraint and suppression, notwithstanding all the endeav” of y e Lor ds Prop” in comissionating & appointing Seth Sothel Es(j r to be Gov r and to reduce the same w ch was contrived and carried on then and since by Richard Foster John Jenkins George Durant John Willoughby Win. Craford Patrieke White James Blunt Capt. Zaeh. Gillam John Culpeper with other their Confederates and New England traders w ch Culpeper (by y® encouragement and aid of y e s d Gillam and the rest of their ad- herents) assuming the like and office of his Maj tyes Collecto 1 ' violently seized the premises out of his and his deputyes hands, most cruel ling imprisoning them and disposed of the King concerns according to their own will and pleasure overthrowing the govern m‘ imprisoning all or most in authority & office besides and comitting sundry other outrages upon all other the inhabitants that would not jovne with y m in these ex- orbitancyes committed in this Insurrection w ch was begun and carried on after this manner following Upon the 4 th day of 10 tar 1(177 and 3 dayes after Capt. Zaeh. Gillam’s arrival! there a parcel] of men to v* number of 30 or 40 of the precinct of Pasquotank in v® afores d County being set on by the fores 11 Culpeper Craford and encouraged by ye example (w oh 2 of y e Lor ds Prop” Deputyes coin play ned of to this Deponent) as well as assistance with armes of y® s d Gillam and headed by one Valentine Bird and Edward Wells did without making any addresse complaint or infor- mation to the deponent or any else in authority and without anv lawfull warrant or order with force and arms vid. swords guns and pistolls vio- lently rush into the house where the deponent and 2 more of the Lo rds Prop” Deputyes were present and seized us as their prisoners and then went to searching over the publique records and other of the deponents writings w oh the s d party had brought with them having v c day before violently entred one M r Tymothv Biggs his house and there breaking open sundry the deponents locks seized the said Records and whatever other of y® deponents writings were y" to bee found, having also in this action sent abroad up and down v® Country their seditions libells drawn by y® s d Culpeper to put all in a flame and on v® s d 4 th of 10 bor a little after y® deponent and y e other 2 Deputyes afores d were seized their pris- on” some of y® ringleaders vid. Bird Craford Wells and also the goods that had beene seized for haveing beene imported into y® s d County contrary to the Acts of trade and Navigation. After w oh the s d Crawford together w th y® s d Durant w th others who then openly joyned w th them did with their party who had beene furnished with new Armes from on Board y® s d Guillams shipp Convey the s d Tho. Miller Jn° Nixon and this Deponent & sevcrall others who had beene brought in prison” to the house off the s d George Durant and there kept them close prison” and often threatened to hang them, haveing sett up A Court A govern nf after their owne fashion, But this Deponent fifindinge an oper- tunity made his escape and fled into Virginia and from thence came into England and left the s d Tho. Miller in Irons w th sevcrall others of his Maj t,e8 Collecto” and other officers prison” and wildest this Deponent was kept A prison 1 New England vessells went thence w th Toba 00 w th out paying y® s d duty A further saith not. TIM® BIGGS in or about May 7!) This is a True Coppy of my affidavitt w ch I delivered in y® jfsence of y® Duke of Albemarle unto v® L d Tresurer by ord r of y® Lds Propriat" of Carolina the w oh they perused A ord rd that 1 should draw a petition to the Kings Ma tio A Counscill A upon a Counscill day that I should p r sent it the w ch y® Lds Prop” afores d at a meeting ord rd nice to proceed in apoynting y* Tyme saying as many of them as were of the Counscill would be pfsent at p'senting it A forward nice in it But before the time apoynted the s d L ds mett a monge them selves A for some Reasons best known to themselves Comanded A ordered nice to desist This is for a trouth Given und p my hand this 15 th Aug‘ 1075) TIM 0 BIGGS I)ep ty for y® Earle of Craven 294 COLONIAL RECORDS. I the subscrib d doe Averr and am ready to be deposed y* y® attestation and averrm 1 above said and p r te on the other side to the deliv ry and ten- der of y* aforementioned Affidavitt be the hand writeing of M r Timothy Biggs J“ TAYLOR 1679 [B. P. R. O. Colonial Papers.] ANSWER OF CART. GILL AM READ THE 19 th OF FEB" 1679-80. Zachariah Gillam makes Answer to y* charge brought against him by M r T homas Miller, as far as he can rememb r and saith That he knew not of any disturbance in y® Country upon his arrivall thair but afterwards what happened among them he was not concerned in, nor did att that time know y® occasion. That he knew not of M r Millers Imprisonment untill near 2 days after it was done, being on board his owne ship all that time. That he forboare to sell any goods, not knowing who to trust but rather than goe away with his ship Empty (w ch if done would have bin great loss to his Marchants) he sold his goods for Tobacco & Skins which came for England & paid his Ma tie , near two thousand pound Custom, which his Ma tie never before Received directly or indirectly since that province was seated as hea heard of As to his going Armed; The first daye he came into y e Country, he tendered an Entry to M r Thomas Mil- ler who was his Ma*'® 8 Collector theare, he Asked him what tobaco he car- ried out of v e Country ye year before, he told him neare 180 hhdsy e s d Mil- ler made answer y* he must have one penny ft. for itt, Gillam made answer y* he had paid the King his Custom in Engl d tfe did not judge his Ma“® desired his Custom twice (w ch payment he proffered to make apeare by y® ships Entrys & clearings in England & Sertificate of thair bonds) he y e said Miller told him he would be paid before y® shipp went out of y® Country, on which he told him v‘ he arrested him & told him it shold be nobly done for he would doe it himselfe & Imprisoned all his boats Crew A seased his papers & then went on board his shipp Armed with two pistolls & presented one of them to y® breast of his Mate Cockt & laden as bv Evidence maye apeare. y® time near a 11 at night. The said Gillam went y® next morning G8 Given to the County of Albemarle with the Great Seale of our province thereunto affixed, ffor the holding of Lands, and by Instructions Dated at white Hall the fifth day of fferuary 1678 remaining upon Record In the County of Albemarle In the Province of Carolina, Doe hereby Grant unto Robart Winleyofthe said County planto r , A Plantation Containing two hundred and Eighty Acres of Land English Measure, Lying and Beeing In The Precinct of Shaftsbury In the s d County, Bound on the south East side of matacomaugli Creek beginning at a Market! Ash tree, standing on a pointe by a branch side, issuing out of the s d Creek which divideth this Land from the Land of Edward Smithick and Running northeast up the said Creek one hundred and forty pole to a marked Red oake then southeast by a Line of marked trees which divideth this Land, from the Land of John Taylers three hundred And twenty Pole to a Marked pine, then South West by a Line of marked Trees one hundred and forty pole, to a marked pokikory tree, then by Another Line of Marked trees three hundred and twenty pole to the first station, Includeing the aforesaid quantetie of Land, the said Land beeing due to the s d Robart Winley by and for the Transportation Into the county of Albemarle of five per- sons, whose names are upon Record under this pattent, To have and to hold the said plantation unto y® said Robart Winley his heirs and As- signes for ever, with priviledge of hawking hunting fishing and fowling, With all woods and trees, With what else is there standing Growing and beeing except the one halfe of all Gold and Silver mines, yielding and pay- ing therefore unto us ami our heirs, and Successors yearly every twenty ninth Day of September According to the English Account, for Every fifty acres of Land hereby Granted, one shilling of Lawful 1 English Money, or the vallew theirof for every of the s d fifty acres to bee holden of us In free and common Soccage, provided always that If the said Land bee not seated within one yeare after the date hereof Then this pat- tent to bee voide, else to stand In full force, Given at M r George Durants house under the seale of the County of Albemarle this 29 th day of March beeing the Seventeenth yeare of our Possession of our Province of Caro- COLON I AL RECORDS. 30 .°, lina Aim 0 I)om 1680 Witnes John Jenkins Esq r Governo 1 and Com- mander in Chiefe of our said County and our Trusty and Welbeloved Counoello rs , who have hereunto sett there hands the day and yeare aboves d Robart Winley Pattent JOHN JENKINS RALPH COATES ANTHONY SLOKUM ROBART HOLDEN WILL CRAFORD [B. P. R. O. Colonial Papers.] ^ To the Kings most Excellent Majestie The humble Peticon of Thomas Miller Sheweth That yo r Ma tie having been pleased upon v® Report of y® Corn 106 of Lords for y e Plantations to direct prosecution of John Culpeper for Trea- sons acted by him in y® late Rebellion in Carolina at w ch Com 160 severall of y® Lords Propriato 18 did appear and declare that y® same was a noto- rious Rebellion A that their taking Armes, seizing y® Records in y® Country, imprisoning foure or 5 of y® Lords Deputyes & seizing all y® Tobacco Bonds & Bills in their hands relating to your Ma ties Cnstomes A all y® private Estates of y® persons imprisoned and calling and choos- ing a pretended Pari i am 1 & setting up a pretended Court of Justice to try yo r Pet r A y® rest of y® persons imprisoned w th all y® proceedings therein & going with Armes to oppose v® entrance of Mr. Eastchurch v® then Go v r coming from Virginia thither (in all which proceedings y® said Culpeper was a notorious Ringleader) were undoubted treasons without any authority A against all y® Lawes A Constitutions of Carolina & par- ticularly y‘ Parliament there was illegall in its call, choice etc. And y® said Culpepers plea of acting by their authority not good A y® said Lords Proprieto" did tlu're undertake to manage y® said Prosecutions A reducing y® Country to y® obedience of v® Lawes w oh was also refered to them among other things by order of v® (\mi t ® t Nevertheless may it please yo r Ma tl ® at y® said Tryal y® Earle of Shaftesbury who had been present at y* a fores' 1 Transactions of v® Com 4 ®® A had beetle y® mouth of y® Lords Propriato rs in y® whole affaire unexpectedly appeared at y® Tryall as a witness for v® Def* A after that by •') witnesses y® said Culpeper had bene proved guilty of all y® said Treasons before numerated to y® satis- faction both of y® Court and Jurv, y® said Lord Shaftesbury in his Tes- timony for y® prison 1 ' declared that there hath beetle no legall Govermu 4 ever settled in Albemarle & that neither y® said Gov 1 ' nor Governin' were COLONIAL RECORDS. 304 legal 1 according to y® Constitutions of Carolina and that therefore v e tak- ing of Arnies & acting against them could not amount to Treason, lint that y® Parliam 1 thus called by y® Rabble was a legal! Parliam* by the Constitutions of Carolina v® people having a right to choose them at two years end w‘ h out any call and y* these matters were only feuds between y® Planters & could amount to but a Riott whereupon y® prison* was ac- quitted by y e Jury and Court And yo r Pet r with many others yo r Ma“®* 1 ova 1 1 subjects after all their sufferings not only left without remedy, but y® authority of y® pretended Parliam 1 being thus justified v® i 1 legal 1 pro- ceedings against their lives & fortunes like to go on especially under v® present Rebells y* have usurped y® authority. And one Robert Hol- den whom y® Lords have sent to supply yo r Pet" place who being one of v® persons condemned as a Ringleader in y® late rebellion in Virginia has made it his business to close with y® rebells there to countenance their authority & proceeding in y® late Rebellion, espetially against vo r pet r and all others y* continued faithfull having at his first coming procured an Act of Oblivion to be procured bv y® Gov r himselfe & twoe of them y* were Ringleaders in v® late Rebellion. And also hath proceeded against your Pet r in his absence for his escape and in an unhearde of way re- turned Jurys to try him and condemne him & transmitted copyes of y® pretended proofs against him to y® Com" of vo r Maj* ,e ® Customes & alsoe proceeded to y® banishing fineing A imprisoning of all those that were sufferers & had opposed y® late Rebellion And further y® Com” of y® Customes in pursuance of an Order of y® said Com*®® having long since made Proposealls to y® Lords Propriat™ for y® recovering Arrears of y® Customes & reparation of yo r Pet r their ( 'ollecto* and his 1 )ej)uties & for y* better settlem* of y® Collection for y® future A prest their concurrence therein And v* their Lords' 18 would take some effect uall course for reducing y* country to y® obedience of y® Law Neveitheles.se there hath beene noth- ing done therein But their Lord 1 ’* seeme rather to countenance v* present settlement of things under v® Rebells by w ch not only yo r Pet r & v® other sufferers here but also all those y* have opposed y® Rebellion there (whose petitions also are sent home) are brought to their utmost dispair In tender Consideration whereof most humbly Implores that yo r Maj tie would vouchsafe to take y® condition of yo r Pet r w th y® rest of" yo r AIaj tie5 distressed subjects in Albemarle aforesaid into yo r Princely Consideration cV direct such course thereupon for their Reliefeas yo r Ma tie in vo r Princely wisdome shall thinke meete. And yo r Pet r (as in duty bound) shall ever pray duty continued untill y® arrivall of one Capt Zaekry Gillam on Satterdav about v® last of No- \ r ember w th one Georg Durrant from London Upon whose comeing In the s d Bird Crawford & severall others went on board y® said ship wher this said Durrant was & on Monday y® 2 d Dee® one Wells Nevell & divers others went to y® house of this deponent w th Muskets and swords & broke open Cliists & Locks, useing viallence to y® deponants familly & foreeably took away v® s d Millers Comissions & Instructions for his colecting y® s d duty & all the Records of the country w ch wer by the Authority ord® d to be there & carved them to y® forementioned Crawfords house And Valentine Bird W m Sears fores d Wells & Win. Gineings who Crawford also joyned with & a party of armed men seized upon this deponant v® afores d Tho Miller & M® Jno. Nixon memb® 8 of y® eouneill A Governm* took from them all ther papers kept them close prisoners COLONIAL RECORDS. .311 not .suffering them to speak in private w th anybody ore one w th the other & then sent out parties of armed men to secnr the Rest of his Ma tl6S Offi- cers & all the Members of y e Counsel'll Govern m‘ & officers w ch would not submit to or Joyne w th them, some of w oh wer seized & others fled into Virginia, they also Took into y r possession all y t Tobacco y k had been Rec d for his Ma tie & the goods that had been seized for haveing been Im- ported into y e s d county from N England Contrary to Law or y e Act of Trayde & Navigation, after w ch y e s d Crawford together w th Durrant Bird Wells Sears & Gineings who headed the Rest in Armes being newly fur- nished y r w th from on board y e s d Gillams ship marched & convayed y° fores d prisoners w th ca To the End the Comm" of the Customes may be fully apprized of y® whole matter what is reasona- ble & what not & w* is fitt to be done further therein Either as to p r se- eucon or Remission. 2. For y® Restitution & Reparation of y e Estates of y® Collector &c. That M r Miller & his deputyes be restored to their Employ m" and Es- tates in whatever specie whereever to be found w ch they had at the Time of the s d Rebellion from them And be fully repaird or as much as may be for any damage done them in their Estates by such ^sons to whose hands the same came or by whome they were Taken away or Embezled And to this End also That another Comission be issued forth to Enquire thereof And that if it be thought fitt That an Act of Oblivion y‘as well the afores d Dutyes to the King as the Estate & damage of the Collecto r & deputyes aforesaid be Exempted out of y® same And y‘ by v® s d Act or some other p r vision may be made for y® better recovery thereof And y* it may be made highly penall for the future to oppose such Collections & Collectors 3. For the settling his Maj te3 Customes for y® future That y® Lawes made for y® same be duely observed and put in Execution And v l the Govern r & all in Authority be Enjoyn’d to give all Countenance and as- sistance thereunto COLONIAL RECORDS. 331 All w ch is observed by y e Com" of his Maj t3 Customes to y e Lo ds p r pria- tors of Carolina. RICHARD TEMPLE FR MILLINGTON JOHN UPTON Custome House London 15 Apr. 1680. [B. P. R. O. Coram Reqe Roll. 32 Charles 2. Trinity. Part 2. Roll 214.] Midd : Alias scilicet die Lime proxima post Crastinum Ascencionis Domini ultimo preterit coram Domino Rege apud AVestmonastcrium per Sacra- mentum duodccim Juratorum proborum et legalium hominnm Comitatus predicti Juratorum et oneratorum ad inquirendum pro dicto Domino Rege et corpore Comitatus predicti presentatum cxistit quod quidam Johannes Culpepper nuper dc parochia sancte Margarette Westmonaste- rium in Comitatu Midd : generosus lit falsus Prod i tor contra Serenissimum Dominum nostrum Carolum secundum Dei gracia Anglic Scocie Francic et Hibernie Regem fidei defensorem et naturalein Dominum suuin Deum pre oculis suis non habens nec debit ligeancie sue ponderans sed motus etseductus Diabolica instigacione Cordialem dileecionem et veram debitam et naturalem obedienciam quas veri et fideles Subditi dicti domini Regis erga dictum Dominum Regem gererent et de Jure gerere tenentur penitus subtrahens et machinans et totis suis viribus intendens Guerram et Rebellionem contra dictum Dominum Regem in Carolina adtunc et adhuc existententes Dominium domini Regis in partibus transmarinis suscitare et movere et Gubernaeionem dicti domini Regis ibidem subvertere Et dictum Dominum Regem a regali potestate et Regimine suis ibidem deponere et deprivare tercio die Decembris Anno llegni dicti domini Regis nunc vicesimo nono Et diuersis aliis diebus et vicibus tain antea quam postea apud Carolinam predictam in partibus transmarinis cum diversis aliis falsis Proditoribus Juratoribus ignotis eompassavit imagi- natus fuit et intendebat Gubernaeionem dicti Eominii dicti domini Regis de Carolina predicta in partibus transmarinis predietis mutare alterare et penitus subvertere et Guerram et Rebellionem contra dictum Dominum Regem ibidem movere et levareet dictum Dominum llegem a regali potes- tate et Regimine suis ibidem deponere et deprivare Et ad easdem nefandis- simas Prodieiones et proditorum imaginaciones et proposita sua pretlieta 332 COLONIAL RECORDS. perimplend : et perficiend : predictus Johannes Culpepper et alii falsi pro- di tores Juratorihus predict is ignoti dieto terciodie Decembris Annovices- imo nono supradicto I^t diversis aliis diebus et vicibus postea apud Caroli- nam predictarn adtunc existentes Dominium dieti domini Regis in partibus transmarinis vi et armis diabolice malitiose et proditorie seipsos assem- blaverunt et cum vi armata adtunc et ibidem fecerunt et levaverunt Guer- ram Bellum et Rebellionem contra dictum Dominum Regem Necnon adtunc et ibidem usurpaverunt contra dictum Dominum Regem Regalem Potestatem et regimen dieti dominii dieti domini Regis de Carolina pre- dicta Aceciam adtunc et ibidem absque aliqua l^gali authoritate crexerunt et const ituerunt diversas Curias in forma Justicie Necnon adtunc et ibidem furati sunt et spoliaverunt dictum Dominum Regem et diversos Subditos ejusdem domini Regis Juratorihus predictis ignotos de diversis Bonis et Catallis suis ibidem ad valenciam decern Mille librarum legalis monete Anglic contra legiancie sue debit : Et contra pacem dieti domini Regis Coronam et dignitatem suas Necnon contra formam Statuti in lnijusmodi <*asu edit : et provis: — Per quod preceptum fuit vicecomiti Comitatus predict! quod non omittat Ac quin Caperet emu si Ac ad respondendum Ac — Et modo scilicet die Veneris proxima post Crasti- num sancte Trinitatis isto eodem Termino coram domino Rege apud Westmonasterium venit predictus Johannes Culpepper sub custodia Wil- lielmi Richardson generosi Custodis Gaole dieti domini Regis de New- gate virtute Brevis dieti domini Regis de habeas Corpus ad subjiciendum ei inde directi in eujus custodia ex causa predict a preantea com missus fuit ad Barram hie ductus in propria persona sua qui committitur Mar- rescalcie Ac Et statim de premissis superius ei impositis alloquutus qua- 1 iter se velit inde acquietari (licit quod ipse in nullo est inde Culpabilis Et inde de bono et malo ponit se super Patriam Jdeo veniat inde Jurata coram dicto domino Rege apud Westmonasterium die Veneris proxima post Octabas sancte Trinitatis per quos Ac et qui Ac ad reeogn : Ac quia tarn Ac Idem dies datus est preiato Johanni Culpepper sub custodia prefati Cus- todis Gaole dieti domini Regis de Newgate predicta interim commiss: salvo custodiend : quousque Ac Ad quern diem coram domino Rege apud West- monasterium venit predictus Johannes Culpepper sub Custodia predieti Willielmi Richardson Custodis gaole predicte in propria persona sua Et Juratores. Jurate predicte per vicecomitem Comitatus Midd: predieti ad hoc impanellati examinati similiter veniunt qui ad veritatemde premissis dicen- dum electi triati et jurat i dicunt super sacramentum suum quod predictus Johannes Culpepper non est Culpabilis de alta prodicione predicta in Iudictamento predicto specificata prout idem Johannes superius placi- COLONIAL RECORDS. 333 tando allegavit nee ea occasione unquam se retraxit Ideo Consideratum est quod predietus Johannes Culpepper eat inde sine &c. Quietus sine die &c. 1681 . [B. P. R O. Col: Ent: Book. No. 20. p. 156.] INSTRUCTIONS TO CAPTAIN HENRY WILKINSON GOV- ERNOR OF THAT PART OF THE PROVINCE OF CAROLINA THAT LYES 5. MILES SOUTH OF THE RIVER OF PEMPLICO AND FROM THENCE TO VIRGINIA. 1. We haveing agreed upon a Modell of Government which you will find signed and sealed by us amongst the records of our County of Albe- marle to be the fundamentall Constitutions and forme of Government of our Province of Carolina for ever And not being able att present to putt it fully in practice by reason of want of Landgraves and Cassiques and a sufficient number of People However intending to come as nigh it as we can in the present state of affaires in all the Collonves of our said Pro- vince. 2. You are required as soon as conveniently you can after the receipt of these our Instructions in our names to issue out writts, to the foure Precincts of the County of Albemarle requiring each of them to elect five freeholders who are to be their Representatives : To whome the five per- sons chosen by us being added, and who for the present represent the Nobillity are to be your Assembly. They having chosen a Speaker, you are in our names to require them to elect five persons who being joy nod to those five deputed by us, are to be the Councell by whose advice and consent or at least the major parte of six of them all being summoned you are to Govern according to the Limitations and Instructions following Observing what can att present be put in practice of our fundamentall Constitutions and forme of Government Which Councell for the present shall be in stead of the Grand Councell mentioned in our fundamentall Constitutions And to exercise the same Powers and jurisdictions the said Grand Councell is to doe bv our said fundamentall Constitutions and forme of Government and so to be and continue untill we shall otherwise direct. COLON r A L RECORDS. 4 3. You are to cause all persons so chosen to sweare Allegiance to our Soveraigne Lord the King and subscribe to heart* Fidelity and submis- sion to the Proprietors and forme of Government by them established. But in case any man for Religion sake be not free to sweare then shall he subscribe the same in a book for that case provided which shall be deemed the same with swearing. 4. Yourself and the five deputys of the respective Proprietors are to represent the Pallatines Court and exercise the same jurisdictions and powers that by our Fundamental! Constitutions and forme of Govern- ment to that Court doth apertaine. 5. You are by and with the consent of the Councill to establish such Courts and soe many as you shall for the present think fitt for the admin- istration of Justice till our Grand Modell of Government can come to he putt in execution. 6. You are by and with the consent of the Assembly to make such Lawes as you shall fromtymetotyme finde necessary which Laws being rati- fied by you and any three of our Deputys shall be in forme as is in that case provided in the 12 th and other Articles of our Fundamental Consti- tutions and forme of Government which Lawes soe made you are with all convenient speed to transmitt unto us for our approbation. 7. You are as soone as conveniently vou can to gett the Surveyor Gen- erali to divide the County into squares of twelve thousand acres By which we intend not to alter any man’s right; but that those measures and rules we have agreed on in our Fundamentall Constitutions and forme of Gov- ernment may the sooner and easier come to be putt in practice amongst you. 8. You are to take notice that we doe grant unto all free persons that doe come to plant in Carolina before the 25 th day of December 1684 and are above the age of sixteene yeares sixty acres of land and to the said free persons for every able man servant with a good firelock 10 pound of powder and 20 lbs of Bullets 60. acres of land And for every other sort of servant 50. acres to his or her proper use and behoofe and to their heirs &c. for ever. 9. Any person haveing transported himselfe or servants into the County to plant shall make the same appeare to yourselfe and Councell who shall thereupon issue out a warrant to the Surveyor Generali to lay him out a parcell of land according to the proportions mentioned in these our in- structions, and the Surveyor haveing done the same, and the warrant with the Surveyor Generalls returne thereon being recorded and the person to whome the Land is granted haveing sworn or subscribed allegeanee to COLONIAL RECORDS. 335 our Soveraigne Lord the King submission and fidellity to the Lords Proprietors and their fundamentall Constitutions and forme of Govern- ment you are under the seale for that use provided to pass this following Grant William Earle of Craven his Majesty’s Lord Lieutenant of the County of Middlesex and Burrough of Southwarke Pallatine and the rest of the true and absolute Lords and Proprietors of the Province of Carolina. To all to whom these presents shall come greeting in our Lord God Everlasting Know yee that wee the said Lords Proprietors according to our Instructions dated att Why tehall the day of Feb 7 16 Remaining upon record in the County of Albemarle in the Province aforesaid doe hereby grant unto A. B. of the said County planter a Plantation of Akers of land English measure, lyeing and being in the Precinct of A. in the County aforesaid bounded the land being due to the said A. B. by and for the transportation in the County of persons whose names are upon Record under this Patient To have and to hold the said Plantation unto the said A. B. his heirs and assignes forever with Priv- iledges of Hawking, hunting Fishing Fowling with all woods and trees with what else is there growing standing and being except all iuvnes mineralls all quarrys of Jemms or precious stones Yealding or paying therefore unto us our Heirs and successors yearly every 29 th day of Sep- tember according to the English aceompt one Penny of lawful! English money for every of the said acres to be holden of us in free Soccage. the first payment of the Rent to begin the 29 th of September which shall he in the yeare of our Lord 1684 Provided always that if the said Land be not settled within one year after the date hereof then this I’attent to be voyd else to stand in full force. Given att under the Seale of the County of Albemarle this day of A. D. being the year of our Possession of our Prov- ince of Carolina. Witness Henry Wilkinson Esq” Governor and Com- mander in Cheife of our said County and our trusty and welbeloved our Couneellors who have hereunto sett our hands the day and year above written. Although by our Fundamentall Constitutions we have reserved to our- selves one Penny per acre rent of all lands in Carolina yett forasmuch as there are divers persons in the County of Albemarle who were possest of land there by virtue of grants from Sir William Berkely att one farth- ing per acre quitt rent And others were possest and had rights to land whilst bv our Instructions to the Governor of Albemarle we reserved to ourselves but one halfe penny per acre quitt rent we think itt just that COLONIAL RECORDS. 336 those persons should injoy their lands under the same quilt rents they were granted to them when bv virtue of our Instructions Lands were due to them for haveing come into the said County or brought or sent servants to plant there. Wherefore you are in our names and according to the forme in these Instructions prescribed to pass our Grants to all persons att one farthing per acre quitt rent who shall desire such Grants, and shall make it appeare to yourselfe and our deputys that they had Grants from Sir William Berkeley under that quitt rent before the 25 th day of I)ec r Anno 1663 and not fortifved the same by virtue of the act of Parliament by us past and confirmed the 20 th day of January 1669. intituled an Act for the better and speedier seating of land, and you are to pass the like Grants att one halfe penny per acre quitt rents to all per- sons who shall desire the same and had rights to land before the publish- ing Instructions by us sent to M r Harvey and bearing date the 5 Feb* 1678 and have not forfeited the same by virtue of the aforesaid Acts, but you are not in the Grants of one farthing per acre to allow the same time for the beginning of payment of quitt rents that is allowed to those who are to pay one penny per acre quitt rent, for we expect those who are to pay one farthing per acre and those who are to pay one halfe per acre quitt rents, there rents shall be paid from the tvme they ought to have been paid by virtue of our Instructions and those who have Pattents for Sir W“ Berkeley before the year of our Lord 1663, we expect should pay the said quitt rents from the tyme they were to have paid them by the said Pattents. You are to choose some fitting place in a Collony whereon to build the eheefe Towne of Albemarle in the choyce of which you have regard to health plenty and easy access You are to endeavour to gett the Parlia- ment to rayse wherewithall to build a house for the meeting of the Coun- cell and Parliament in said Towne and when the said house is erected the Council and Parliament are allways to sitt there and allso the Surveyors Registers and Secretarys offices are there to be kept and in no other place and also the Court of Common Pleas and Sessions of the Peace And you are to gett the Parliament to pass an act that noe Store shall be kept strong Drink or any Goods sould by retayle but in the said Towne and you are to cause all vessells that shall come into Albemarle River there to loade and unloade as by our Fundamentall Constitutions is required. You the Governor of our said County are to be Commander in Cheife of all our forces raised or to be raised in our said County of Albemarle over whoine you are to place Officers and cause them to be duely exer- cised in Armes and to doe all other thing and things that to a Comman- COLONIAL RECORDS. 337 der in Cheefe doth belong And you are to summon the Councell to meete as often as you shall see cause and are to doe and execute all those pow- ers and authoritys which bv virtue of our Fundamentall Constitutions Temporary Lawes and Instructions a Governor ought to doe. You are allsoe by and with the consent of the major part of our Dep- utys to adjourne prorogue and dissolve the Parliament as to you shall seem most convenient for the good and quyet of the County. Whereas complaint hath been made to us that divers persons have by force and violence been dispossessed of their Goods and Estates dureing the tyme of the late disorder in the County of Albemarle and that it cannot lie reasonably expected that men who have been any way concerned of the one syde or the other in the said Disorders will be soe impartial] as those that had not att all any hand in them. You are therefore as soon as conveniently you can after your Arrival] in the said County with the consent of the major part of the Councill to choose 4. able judicious men and who have not been partyes, or any way concerned in the late disorders who together with yourselfe or any 3. of you yourself being one arc to be a Court to heare and determine according to law all suites complaints or actions that shall be brought by any person for having without due course of law and violence, been during the tyme of the said disorders dispossessed of his Goods or Estate and to grant Execution provided the said sutc complaint or action be brought by persons residing within the said County within the space of 0. months after the first sitting of the said Court, and within the space of 2. years by such as arc not resident within the said County; those entred or brought after the said tyme arc to be tryed as other common Actions. If you our said Governor shall depart out of the Province of Caro- lina, you are before your departure to appoynt with the consent of the major parte of the Councill a deputy Governor who shall execute the Powers and Authoritys by us to you given untill you returne into your Government or that we shall authorize direct or commissionate another but if you our said Governor happen to dye then the Councill for the tyme being shall be forthwith summoned to meete by the eldest in yeares of our Deputes; or in case lie fade to doe it by the next: who being mett shall choose a person to be Governor who being soe chosen shall be Governor to all Intents and purposes as if commissionated by ourselves and execute the powers and authoritys to you given by our Commission and Instructions and soe continue untill our pleasure shall be signified to the contrary by granting a Commission to some other. You are to take notice that it not appeareing to us that Sir William Berkeley did dure- 39 COLONIAL RECORDS. 338 ing his life tv me convey his proprietorship to anv person lor want of which it is devolved, nor not haveing paid a penny towards the settle- ment of our Province, we doe not think fitt to admitt the Heirs or Ex- ecutors of the said Sir William to have anything to doe in Carolina as proprietors until 1 they shall have made itt appeare that they have right soetodoe; wherefore you are not to admit of any Deputy from the Heirs or Executors of the said Sir William nor allow unto them any other thing as proprietors untill you have directions from us sod to doe. You are likewise to take particular care that the bounds betwixt Vir- ginia and Carolina be adjusted according to the Limits granted us in our Pattent. CRAVEN. SHAFTSBURY. P. COLLETON. Postscript. Since the Lords sate their hands to this they have ordered me to incert these following particulars vizt: That you be sure as soon as you can to send home the mapp of the County mended by your owne or frds : experience. That the Damadges of the King’s Officers may by you be enquired into that there may be a sumary way of giveing them satisfaction. SAM. WILSON, secretary by order of the Lords Proprietors. [B. P. R. O. Col: Ent: Book. No. 20. p. 174.] WHYTEHALL JULY 13. 81. We being' informed that there are many Whales upon the Coast of Carolina, which fish being by our Fundamentall Constitutions reserved for us: we have notwithstanding (for the incouragement of Carolina) thought fitt to give to all persons whatsoever that are Inhabitants of our Province free lease for the space of seaven yeares to commence from Michaelmas next to take what whales they can and convert them to their owne use and this our concession you are to make publiek that any that will may take the benefitt of itt we rest. Your assured friend CRAVEN p r ALBEMARLE SHAFTSBURY P. COLLETON ARCHDALE BATH for my LORD CARTERET To the Governor and Councill at the north part of our Province of Carolina. COLONIAL RECORDS. 339 [B. P. R. O. Col: Ent: Book. No. 20. p. 175.] WHITEHALL THIS OF SEPTEMBER 1681. Whereas Seth Sothell Esq” hath bought the Earl of Clarendon’s share of Carolina and is thereby become one of the true and absolute Lords and Proprietors of the Province of Carolina and whereas by vir- tue of our Fundamental! Constitutions it is provided that the eldest pro- prietor that shall be in Carolina shall be Governor you are to obey him as such if there be no elder proprietor there then himself we rest Your loving friends CRAVEN p r SHAFTSBURY P. COLLETON. [B. P. R. O. America & W. Ind: No. 637.] THE PETITION OF PROPRIETORS OF CAROLINA. London X kr 20 th 1681 To the R‘ hon w ° the Lords Comitte for Plantations. The Proprietors of Carolina Humbly offer That whereas they have scene by yo r Lordshipps ord r an Extract out of the ord r of the Assemblyes of Virginia of (lie 3 d of July 1681 for v e Levying the Rents upon the Inhabitants of Blackwater & Corotuck, V Inch affaire is easilly decided if your Lordshipps please to take a view of their Patent which they herewith p r sent unto you, And wherein vo r Lordshipps will find, that the Boundaryes between Virginia & Carolina are exactly set down; (viz*) extending North and Eastward as farr as the North ('lid of Corotuck River or Inlett, upon a streight Westerly line to V yanoak Creeke, w ch Ives within or about the degrees of thirty Six and thirty Minutes Northern Lattitude, and soe West in a direct line as farr as the South Seas. Soe that there can be noe further dispute in the af- faire it your Lordshipps shall please to send yo r order to the Govenn* of Virginia, takeing notice that your Lordshipps have scene those Bounda- ryes granted to us under the Broad Seale, And requireing that they send Comission” upon any certaiue day your Lordshipps shall appoint in July 340 COLONIAL RECORDS. or August next, to meet at Currah-tuck with such Comission” as we shall appointe in obedience to your Lordshipps order; And that they set out and Adjust the Boundaryes betweene the two Collonyes of Virginia A Carolina as farr as Wyanoak Creeke which we humbly conceive is so faire a method that noe exceptions can be made against it by the Goverm* of Virginias 1682. [B. P. R. O. Colonial Entry Bk. Vol. 93. f. 169.] THE KING TO THE PROPRIETORS OF CAROLINA 10 DECEMBER 1682 Right Trusty & Right Entirely Welbeloved Cousin and Counsellor, Right Trusty & Right W elbeloved Cousins & Counsellors Right Trusty and Welbeloved and Trusty & Welbeloved, We greet you well Whereas we are given to understand that our Right Trusty & W elbeloved Cousin Maurice Viscount Fitzharding is heir at law to Sir Win. Berkeley Knt. deceased who by our letters patents under the great scale of England bearing date the 30 th day of June in the 17 th year of our Reigne was constituted one of the Proprietors of our Province of Carolina in America To hold and enjoy to him and his heirs for ever all benefits estate interest power A privileges equally with any other to whom the said Province was granted as aforesaid And whereas we are also humbly in- formed that altho divers of you hold by descent or assignment of the original Lords & Proprietors since deceased yet some question hath arisen amongst some of you whether by survivorship or some other way the title and interest of the said Sir Wm. Berkeley and his heirs be not legally lost & extinguished or accrued unto you the surviving and pres- ent Lords & Proprietors of the said Province We have thought fit at the humble request of the said Maurice Vise 1 Fitzharding and as a mark of our particular favor towards him hereby to declare & signify that our intent & meaning in & by our said letters patents was and is that he the said Sir W in. Berkeley should hold & enjoy to him his heirs & r assigns all the estate interest share & advantages by us granted to him in our said letters patents without being subject to such lapse or avoydance as is now suggested as aforesaid And we doe therefore hereby most effectually COLONIAL RECORDS. 341 recommend him the said Maurice Vise* Fitzharding unto you for & in order to his having & enjoying the Proprietorship Signiories powers in- terest and share or part of the said Sir Wm, Berkeley in y e said Province & your investing & estating him the said Maurice Visc t Fitzharding his heirs & assigns in & to the same To hold to him his heirs & assigns as fully & as amply to all intents & purposes as he the s d Sir Wm. Berke- ley did or might at any time during his life have held & enjoyed or chal- lenged to have held & enjoyed the same or as any other of the Lords & Proprietors or their heirs or assigns doe or may hold or challenge to hold & enjoy their or your respective Proprietorships in the said Province by vertue of our letters patents before ment d or of any Agreement Articles Laws or Constitutions made by them or you or any of you touching & concerning the descent partition or succession of their or your respective Proprietorships or otherwise howsoever the said pretended lapse or anv other matter cause or thing whatsoever to the contrary thereof in anywise notwithstanding And we not doubting of your ready compliance herein We bid you farewell Given &c. Whitehall December 10 th 1682 By hisMa tya comand AT THE COMMITTEE OF TRADE & PLANTATIONS IN THE COUNCIL CHAMBER AT WHITEHALL THURSDAY 25 OF JANUARY To Our Ac. the Proprietors of our Province of Carolina in America — COVENTRY 1683. [B. P. R. 0. Colonial Entry Bk. No. 107. r. 113.] 1 682-3 resent Lord Keeper Earl of Conway E. of Rochester Lord Pres id 1 E. of Sunderland E. of Clarendon E. of Craven Ld. Vise. Falconberg Ld. Bp. of London Lord Dartmouth 342 COLON I A L RECORDS. * * * * Sr Peter Colleton one of the Proprietors of the Bahamas Islands being called in and asked concerning the clause in that Patent empowering them to make warr hee takes notice that the same is common to all Patents granted to Proprietors and declaring that they doe not under- stand it otherwise than to make war with y* Indians and that they have already given order for taking Capt Clerk into custody and removing him from the governm* their Lo p * think fit to supersede their former order for bringing a scire facias against their Patents and that directions be sent to all other Proprietors in the West Indies that they do not make any other use of that clause. [B. P. R. O. Shaftesbury Papers. Bdle 48. No. 101.] LoNi) 0n M rch 7. 1682-3 May it please y or L p Though my soe late comeing to towne does not permit me to give y or Lp such an ace u of things as I intend, yet I could not discharge myself my obligation and duty to yo r L dp without troubling att this tyme. 1 think myself ev r bound by those fav” your Ldp hath already showne me to study to serve your Inter. w eh it lyes in y or Ld p power to make mee capable of and which I shall ever discharge with all fklellity imadgina- ble I am prepareing a copy for mv L d Ashley as likewise one of the Con- stitutions and Description of y r Country, w oh with other papers shall trouble yo r Ld p on Monday next I beg yo r Ld p to informe yo r self concerning the Propp rsp of Carol 4 for that sence my comeing hither I hath rnett with a Gentleman who would be glad to buy it and I can help yo r Ldp to 500. more than any was ever yet sold for, if yo r Ldp and Ld Ashley think of disposeing if not if vo r Ld ps heaps yo r fav” upon me I shall be but the more capable of serving you. Yo r Ld p hath it in yo 1 ' power as Guardian to (and w th my Ld Ashley’s consent) make whoome you please a Landgrave and another Casique each Proprietor haveing it in his power to make two Caciques and one Land- grave Capt Wilkinson was nominated a Cacique by my Ld soe that yo r Ld p may make another and a Landgrave my Ld vo r Ldp 8 father did in- tend to have made M r Percivall a Landgrave (as your Ld p will perceive COLONIAL RECORDS. 343 by (he Copy of the Pattent the Original]) I shall send till he his fraudulent and base dealings with him My L d if your Ldp doth not nominate somebody a Landgrave presently the Pro- p ers wil soone make it their joynt request to make one whoome they shall nominate as they dayly doe to one another. Soe that hereby a person whoome yo r L dp confers it on shall think himselfe more beholding to the others for Intercession; than to yo r Ld p for Donation whereas if yo r Ld p thinks me a fitt subject for your fav r who are goeing thither (which an- other viz M r Locke and many more never wil) I may be capable of serv- ing yo r Ld ps by disposing yr land viz 12000 acres to the best advantage or else send you a Map of it and take care that none other meddles with it. I have likewise something else in my thoughts wherein I am so vaine as to think I may be servicable to yo r Ld p in those parts I shall improve my experience to yo r Ld ps Interest and in the meane tyme rem® May It please yo r Ld 1 ' Yo r Ld p * most humble servant SAM WILSON My most humble duty to my Ld Ashley [B. P. R. O. B. T. Va. 58.] ORDER OF COUNCIL FOR COLLECTING PUBLICK DUES OF Y® INHABITANTS OF CARROTUCK At a Council Held at Green Spring May 22 nd 1683 Present His Excellence Thomas Lord Culpeper Governor Collonel Anthony Lawson the present Sherif of Lower Norfolk and all succeeding Sherifs are hereby Ordered and Required pursuant to an order of Assembly made in 1680 and directions therein given to Captain Adam Keeling- then Sherif thereof to demand ask Levy require and receive Quittrents Levys fees and all other publick dues from the Inhabitants of Currituck and all others there adjoining that Claime and hold their Lands by vir- tue of patents issued from the secretary’s Office of this Government and in case of their or any of their refusals or failures thereof that then he & they Levy the same by distress as in y* like cases on any other his Matys Subjects of this Colony COLONIAL RECORDS. 3 1 1 [B. P. R. O. Shaftesbury Papers. Bulk 48. No. 102.] THE IT IION c BLE THE LI >S PROP* 8 OE CAROLINA ARE D" TO SAMUELL WILSON POP ALLY THEIR SEC" For y® Descriptions of Carol 1 * viz. 400 To .In" Archdale Esq” 100 to S r Peter Colleton & 100 distributed ^ ord” at 4* 1 £10 For a Plate of y® Map of Carolina cfc printing 2000 ' £ 2 3 To coaehhyre thrice to v* Conncill Chain!/ to satisfye y* Co- f mitte y® bounds of Carol 11 in ord r to adjustm 1 | £ 9 To P d M r Abde Postage of Lett r £ 3 6 To P d M r Gascoyne for the Map of Carolina £ 11 To p d Porters 5. tymes carrying noates to meet att S r Peter Col- leton £ 5 To coaehhyre to y e Att: Gen 11 w th y® Patt* twice £ 5 To Portage wateridg coaehhyre in getting yo r Lp 8 subscriptions £ 3 16 To Translating v® const itucons into French a Guiney £ 1 16 To Lace skins &c & for y® Const” 8 sent to Carolina Jan 10 th 82 £ 2 10 1 To P d M r Clark engrossing 16 sheets of y® Const” 8 requiring dispatch £ 2 8 To Ruleing. wax & brass boxes £ 8 3 To mending y® broad & hand seale of Carolina £ 1 3 To P d for a Copy of Pens Indentures £ 10 To P d for Paper Pens and I nk from first to last £ 3 14 2 To P d M r Clark writing y® Const” being y® last tyme of amend m‘ £ 3 To d to p d him drawing out v® article relating to y® Scotch £ 10 To p d M r Wightman Publ: not® drawing out a copy & attest- ing it £ 8 To p d for setting down advertisements 6 tymes £ 6 To p d for writing one of y® Const, sent ^ Kennyday £ 15 To p d for inserting in y® Intelligence a copy of S r Peters Lett £ 1 To my wages from y® 21 1 M rch 1678 to y® 21 M rch 1683 in f 5 v rs at 20£ ^ an. in £100: rec d in pt £50: remaynes \ 50 Err” Excepted ^ me SAM WILSON £84 7 9 London May 10 th 1683. COLONIAL RECORDS. .345 * (Indorsed) The L d8 Prop® 6 of Carol* their acc u SAMUEL WILSON 10. May. 1683. L. Prop 66 1. E. Craven 2. L d Carteret 3. L d Ashley. 4. S r Peter Colleton 5. Esq re Archdale 6. Esq r ® Amy 7. Esq re Sothell 8. — for' 7 Duke of Albem' 6 [15. P. K. O. Colonial Entry Book. Vol. 21.] S* James’s 1682. You » By virtue of y e place of y® A ice Palatine or Governor have a Nega- tive upon all Voates of v® Palatines ( ourt & by Consequence of all those of y® Grand Counci 11 also, except in such things as are reserved by the Fundamental Constitutions to be absolute in y r power of v® Grand Council! by w oh means you have power to hinder any Imprudent Reso- lutions they may take, you ought to keep good order in y® Debates of y® Council 1 when any one speak he should do it w th his liatt off and with y® respect due to y® place who are there a Representative of the Palatine A' by Consequence y® King from whence y® Palatine’s power is originally de- rived and it was in Culpeppers Case who make disturbance in Albemarle in Carolina for which he was indicted of high treason at the Kings Bench Barr declared to be Treason for any man to take up Amies ag‘ our Gov- ernment it being Lewi no- warr against our King. P. COLLETON The above being part of a Letter read in Couneill this 13th August 1 683 from S r Peter Colleton to yo r Governor. 40 COLONIAL RECORDS. 346 [B. P. R. O. Col: Ent: Book. No. 20. p. 210.] AT A MEETING OF THE LORDS PROPRIETORS OF CAR- OLINA THE 14 th OF DECEMBER 1683. AT THE DUKE OF ALBEM ARLES Present The Earle of Craven P k The Duke of Albemarle The Earle of Bathe Sir Peter Colleton. Ordered That a letter be forthwith drawn to M r Seth Sothell governor of the County of Albemarle requireing him to send Imam the names of those with whome he fild the blanks for the Lords Proprietors deputys and if any of them bee put in that had any hand in the late disturbances there that he put them out and (ill the deputations sent with such as are honest men and not concerned in the said disturbances and to send the said M r Sothell a Copie of that Article of the Instructions for the Government of Albemarle that requires the oomissionating of three persons not con- cerned in the aforesaid Disturbances to be a Court for the tryall of such actions as shall be brought for the Injuryes done to any man by the actors in them and to require of him to certifio by the first opertunity how the said article is complved with and if it be not what is the Reason of it and that he doe forwith with the advice of M r Archdale choose four of the discreatest honest men of the County who were no way concerned in any of the said disturbances to be Justices of the County Court and also an able man so quallified to be sherrif of the County that there may bee a Court of impartiall persons for the tryall of all actions that have rela- tion to the late disorders that those injured may have right done them according to Law. 2. That M r Biggs bee required to set downe in writeing in distinct Articles wherein he hath been injured contrary to Law bv M r Sothell or any other person in office of Carolina and deliver the same to the Lords Proprietors that they may be enabled to consider what course they may speedyly take for his redress if any Injury appeares to be done him. 3. That M r Sothell and all other Governors direct those their letters that coneerne the publick of Carolina or Lords Proprietors in Generali to the Pallatine. COLONIAL RECORDS. 347 That lie send a particuler of the quitt rents and other perquisits of Carolina. That he give an account how the affair of Colonel Ludwells land stands and why it is detained from him. That he take a prudent care for the preserveing of our bounds and other rights. Aproved of the Bargin made by Sir Peter Colleton with Coll : Phillip Ludwell in behalfe of the Lord Proprietors for my Lady Berkeleys right to the Proprietorship that was Sir William Berkeleys for £300. That M r Timothy Biffers his land be confirmed to him and his wife if she consent to it otherwise to his wife only. Memdum. The said Proprietorship purchased of the Lady Berkeley widdow of Sir William Berkeley Governor of Virginia and afterwards wife of Coll : Phillip Ludwell by Sir Peter Colleton in behalfe of the four Lords Proprietors namely the Duke of Albemarle, the Earl of Craven, Lord Carteret and the said Sir Peter Colleton was afterward conveyed in trust to Thomas Amy Esq re for the abovesaid four Lords Proprietors. 1684. [B. P. R. O. Colonial Entry Book. Vol. 97. p. 103.] ORDER FOR PASSING A LAW IN THE PLANTATIONS AGAINST PIRATES AND PRIVATEERS. At the Court at Whitehall the ‘27 of Feb 13 ' 1683.(-4) By the King’s most excellent Majesty and the Lords of His Maj ys Most IIon Ue Privy Council!. Whereas the Right Hon bI * the Lords of the Committee for Trade and Plantations did this day report to the Board, that Sir Thomas Lynch having represented to them the great damage that does arise in His Majesty’s service by harbouring and encouraging of Pirates in Carolina and other Governments and Proprietys where there is no law to restrain tlu'in, their Lordships were humbly of opinion that a Draught of the Law now in force at Jamaica against Pirates and Privateers bee sent to i 348 COLONIAL RECORDS. all other Government's and Propriety* in America with hi* Majesty’s Directions that it be passed into a Law in each Place; and that all possi- ble care bee taken bv the respective Governors and Proprietors that the same be put in execution as they will answer the contrary; Which His Majesty having taken into consideration, was pleased to approve thereof, And did Order That the Right Honorable M r Secretary Jenkins do transmit Copies of the said Law made at Jamaica against Pirates and Privateers to all other the Governors and Proprietors of Ilis Majesty’s Plantations in America with directions to them in His Majesty’s name to cause the same to be passed into a Law in each place, and to be duly put in Execution as is advised in the said Report. JOHN NICHOLAS. [B. P. It. (). Colonial Entry Book. Vol. 97. p. 111.] LETTER FROM LORD CRAVEN TO LORDS OF TRADE (27. MAY. 1684) My Lords, I have seen what Sir Thomas Lynch hath written to your Lordships concerning the reception of Privateers at Carolina. Upon enquiry I am informed that one Jacob Hall did touch there to wood and water as he came from La Vera Cruz, but belonged not to the place, nor had no In- habitant of Carolina with him, and stayed but a very few days, and then sayled for Virginia. Hall acted under Van Horn, who had a Commis- sion from the French; and His Majesty’s Pleasure not to suffer His sub- jects to take Commissions from forreign Princes not being known in Car- olina is the reason I conceive he was not secured. T never could hear but of one more that ever was there, and he not pretending to any Commission from any forreign Prince, and having taken some vessells was indicted for the same, and being found guilty was executed, and himself and two more, the most guilty of his Com- pany, hung in chains at the Entrance of the Port, and there hang to this day for an example to others, And at Providence, which Sir Thomas Lynch hath heretofore blamed for receiving Privateers, all imaginable care was taken by the Governors to suppress them, and no attempts upon the Spaniard made from those parts but at the instigation of a person commissionated by Sir Thomas Lynch to take Pyrats as your Lordships may see bv the enclosed Abstract of his letters. W ee have now sent to COLONIAL RECORDS. 349 Carolina His Majesty’s Proclamation for prohibiting of his subjects from entring into the service of forreign Princes, and the keeping of the neu- trality, with strict order for the Observation of it, which 1 doubt not hut will be punctually obeyed; and also the orders to pass a law suitable to that of Jamaica for the suppressing of Privateers, so that J humbly con- ceive your Lordships will hear no more complaints that Privateers are received in Carolina. Wee having taken all imaginable Care for the preventing of it for the future, and I am &c. CRAVEN Mem. d M r Cranfield speaks of one Pain at New Plymouth with a false Commission from Sir Thomas Lynch. Rec d the 27 th May. 1684. [B. P. R. O. Colonial Entry Book. No. 22. p. 33.] POSTCRIPT TO M r SOTHELL OR RATHER ADDITION We have sent you our fundamentall Constitutions as Regulated by us w ch wee desire you to signe & seale & send ns back two of them signed and sealed by y r selfe & that you w ill under your hande and seale give power to some p'son to signe and seale the originall \v ch is under our hands and seales heare that it be might be sealed by all the proprietors there being no-ones hand-writing but vo" Wee have thought titt to apoint M r Francis Hartlv to be the Secretary of Albemarle of w oh you are to take notice & IjjJmitt him to Injoy the ^quisits thereof. Wee here- w th send you the Kings proclamation how his subjects shall behave them- selves in the p r sent warr between the two neighbor Crownes w ch you are publish & see punetuellv obeyed vou are to take spetial I Care that due as- sistance be given to his matestys officers in collecting the Duty upon to- bacco &e transported from Carolina to other plantations A if any officer or magistrat shall not doe his duty herein you arc to displace him & put another in his room. We wrot you the 6th of November bv Coll 0 Ludwell w oh containeing matters of Importance wee herew* h send the copie of it that if the origi- nall be not come to vo r hands you may by tin' Copie see o r desires & com- ply \v th them Mem the above In lines was aded to v® letter in 23 & 24 relating to Privateers and directed to Seth Sot hell Esq. (lovern* of y e no: part of Carolina COLONIAL RECORDS. 350 1685. [B. P. R. O. Colonial Entry Book. No. 22. p. 2G] Whitehall y® 14 th February 1603-4 There is Lately come into England from Albemarle in Carolina M r Timothy Biggs who hath Complained to us ofseverall Injurys done him there for w ch he can have no redresse by men you have Impowered to try causes being as he alleadgeth those very ^sons who Joined in v® Late disorders A did him y® Injury as you will see more att large by a Copie of his paper w ch is here inclosed sent you When you had blanke deputations given you it was y* you upon the place might fill them up w th such flsons as might be most for y® Kings Honnour A service A who by being unconcerned in y® past Differences might be most likely by Just governm* of affairs & equall distribution of Justice to put an end to all Causes of Complaint from any ^sons for y® future Wee did also in our Instructions for y® Governm 4 of Albemarle order A apoint y 4 y® Governor should \v th the consent of the Councill choose three discreet men who were no way concerned in the past Irregularitys & disorders there who together w th y® Governor for the time being should be a Court for y® tryall of all actions y* had Relation to y® aforesaid dis- orders But M r Biggs Informes us y 4 y® ^jJsons w th whose names you have filled the Blank Deputations are such as were great actors in them against the Kings Interest A that you have erected no such Court as wee Directed whereby he could have no Justice done him to w oh wee know not what to say you not haveing Informed us w th whose names you filled the said blanke deputations nor have you written how von have complyed w th our order for erecting a court of 1 ndifferent {jsons a copie of w ch order a copie is here Inclosed sent you. Wherefore we now Require you to Informe us by the very first oper- tunity w th whose names you filled the blanke Deputations A if any of them are such as had any hand in the late disorders y 4 you put them out & fill the blankes now sent w th the advice of M r Archdale w th such ^sons as were not concerned in them who by their prudence A peaceablenes.se of their tempers may be most likely to contribute best to his Majestys Service A y® peace of the place A that if those who are deputyes A y* vo'selfe A M r Archdale shall think litt to be continued in shall not have been actors in the past disorders that then you send home depositions COLONIAL RECORDS. 351 taken before M r Archdale & some other magistrate of the place to prove it that wee may be thereby bee the better Inabled to answeare any clamor of M r Biggs if there bee occation. And that yon doe forth w th choose four able discreet men Kings peace, to consult y e (fundamentals, and to render me due obe- dience, & not presume to act or do by Virtue of any Comission or Power whatsoever derived from y® above s d Ludwell, as they will answer it, att their utmost perill. I am willing to pass by all hitherto, if y® new Deputyes will consult with me to' prevent evil consequences, I am will- ing to receive them or a Messeng r with respect at my house at Paspotank or Corotuek, not that I carry any hut defensive Amies in Vindication of my Oath & Right, w ch Cod willing 1 will maintain to death. Further 1 proclaime him that is a Tatler against y® truth of this mat- ter to be a Villaine, & a Coward, that will not give me a meeting singlcr to dispute it with sword in hand. As God is my Judge I hate a base ad- vantage, & never design against any mans life Cowardly: soe as I never did nor will wrong y® Lords Proprietors, or Country, they shall not me if possible. JOHN GIBBS. |B. P. R. O. America & W. Ind: No. 636.] COLL: LUP WELL’S L r ® TO THE L 4 GOV r AIT NORTH CAROLINA. JULY 19 th 1690. S r Haveing lately reed a Lett r from y® Deputy Gov r Councill of y® Province of North Carolina, dated y® 13 th of this in 8t w ch informes me y 4 M r John Gibbs did on y® 6 th in* 4 come in Albemarle County in y® Province afores d w th armed men, att y® time when one of their Precinct Courts were sitting, & forbadd y® s d Courts to sitt or act by any Com- mission but his & seized two of the Magistrates, (y® secretary being one) & by force carried them away prison” A doth still so detain them att his house att Caraituck within y® bounds of Virg a to y® great disturbance of y® Inhabitants of y® s d County, who immediately putt themselves in Amies to secure y® Country from farther outrages, & recover y® prison™ again, if they could, But M r Gibbs haveing conveyed them out of y 4 into yo r Hon™ Goverm 4 they durst not pursue him out of their Bounds, with- out yo r Hon™ leave, w ch makes the Condition of y 4 poor Country very COLONIAL RECORDS. 365 deplorable, being obliged to continue in Armes to defend themselves from farther Injuries, & consequently loose their Cropps, or runn y e hazard of being ruined, if they stand still M r Gibbs haveing as they are informed near eighty men in armes att his house in Curratuck, y® consequences whereof may be very dangerous, besides y e thing ittself very unwarrant- able and whereas M r Gibbs p r tends his arms are only denfensive, y* must appear frivilous when no force has ever appeared ag 8t him, or any vio- lence offer’d him by any person, & as he p r tends itt is only in vindica- tion of his right to y e Goverm* whatever his right is, certainly he ought to assert itt in another manner, by applying himself to y c L ds Propriet” who without doubt are y® fittest Judges in that case, & would do him, what right he deserves I doe therefore most humbly pray yo r Hon r to take what I here present you into yo r serious Consideration & give us such relief therein as to yo r Hon 1 ' shall seem most meet & convenient, for a speedy establishing a firm Peace amongst all their Maj tl8 ® subjects, w ch will be a very gratefull Office to y® s d Propriet” & a very great & reasonable favour to all y e Inhabitants of y‘ Country, A a p r ticular ob- ligation on Most IIon cd S r : Yo r Hon” most Humble & obedient Serv 1 PHILL: LUDWELL. Toy® Hon bIe Francis Nicholson Esq r their Maj ti98 Lieut. Govern r of Virginia. [B. P. K. O. America and W. Ind. No. 636 — Extract.] WM. COLE, SEC 7 OF VIRGINIA TO SEC* 7 OF STATE 1 st AUGUST 1690. May it please vo r Lord 1 ’ * * * * I am also ordered to represent to yo T Lord p that it is feared that the Propriet” of the Southern Grant will endeavour either to procure a new Pattent or an Order from his Ma tv to lay out the Bounds betweene this their Ma 1 ® 8 Country and North Carolina bv other lines. and bounds than their first Pattent extended which was to the Latitude of thirty six de- grees All the land within that Latitude having been alwaies held and enjoyed as belonging this Government and many Pattents A Settlements made for many years to the utmost extent thereof bv the inhabitants of COLONIAL RECORDS. .‘>66 this their Ma 1 *' Dominion and it is humbly desired l»y their Ma*“ Coun- cill here that before any directions or orders pass to runn any other bounds that notice may be given to this Government that they may hum- bly offer their reasons against it for the altering those bounds will very much disturb their Maj 8 subjects here bv takeing away many plantations and will very much lessen their Ma tCB Quit Rents. * * * * Right Hono ble Yo r Lord 1 * most humble Virginia and obedient Servant Aug 1 l rt 1690. WILLIAM COLE. [B. P. R. O. America & W: Ind: No. (>36 — Extract.] COL. NICHOLSON TO THE LORDS OF THE COmITTEE 20 AUGUST 1690. Virginia 20°' Aug‘ 1690. May it please your Lord ps * * * T send yo r Lord ps y® Coppy of a Lett r from y® s d Ludwell concerning North Carolina of w oh place he owns himself Gov r for y® Lords Proprie- tors. These stirrs I have quietted for y® present butt how long they may continue soe is uncertain being as I am inform’d a very mutinous people, the country never yet well settled & y® Bounds betwixt us & them very often in dispute. Coll. Ludwell and Capt. Gibbs (whom hecom- plains of) are both goeing for England soe I hope y k little Province will be settled too for about itt M r Sec 17 sends yo r Lord 1 * y® request of their Maj ties Councill here. Att present both to y® Southward & Northward of us are in disorder A I fear here is in this Country a great many idle & poor people y‘ would be ready to follow their neighbours if they be suffer’d to continue in theire loose way. Yo r Lord** obliged & most obedient humble Servant ER: NICHOLSON. COLONIAL RECORDS. 367 [B. P. R. 0. America and W. Ind. No. 636— Extract.] GOV r NICHOLSON TO THE EDS COMMITTEE 4 NOVEM- BER 1690. Virginia James Citty Nov 1 4 th 1690 May it please y r Lord 1 ’ 8 * * * * I was att our Southern Bounds and if y e Lords Propriet” gett a grant for Nortli Carolina to begin att y® Lattitnde of 36 & a half, suppose they will take from this their Ma ties Province a great many Plantations to the lessening of their Maj ties Quitt rents & great dissatisfaction of y® planters for those I spoke w th in North Carolina, desired to be immedi- ately under their Maj tl6S Govern 1 of Virginia itt lying soe convenient for them therefore hope wee shall keep them 'quiet. * * - * * Yo r Lord ps most obliged & obedient servant FR. NICHOLSON 1691 . [B. P. R O. Colonial Entry Book. No. 22. p. 177.] LORDS PROPRIETORS TO GOV. SOTHEL. London May y® 12 th 1691 S r Your Letters directed to each of vs and all of y® same tenour of the 21 of Oct ber Wee have ree d and are well pleas' 1 to finde you write that you will submitt to our Instructions for the goverm 1 and that you never de- layed so to doe Wee hope you are to knowing and to wise a man to claime any power In Carolina but by virtue of them for no prop t,,r single by virtue of our patents hath any right to the Goverm* or to exercise any Jurisdiction there vnless Impoweml by the rest nor hath any seaven of y® Prop 1 "” power to bind any one in his priviledge or property vnless by agreenf among ourselves w oh agreem 1 is contained in Our fundamental! Con- COLONIAL RECORDS. 3f)8 stitytions bearing date the 12 th of January 1G81 those being the onely constitutions agreed or signed to by all the eight proprie- tors and If any proprietor shall come into Carolina and take upon him governf grant coniissions and traine and exercise men any otherwise then pursuant to tin* rides and Instructions for Goverm 1 apointed by the rest of v® proprietors it is by the Laws of England high treason as wee are well Informed and If any Governor of Carolina shall without Consent of Our Deputys Du powered by vs or rules from vs take vpon him to Impower Judges and other Magistrates It is a very high misdemeanour in the '(pson granting and also in the p r son who accepts and executes such Office and all any such Officer shall doe is voyd erro- neous and at his peril! and any man In Carolina that shall take vpon him to act as Deputy that is not duely I m powered by vs or by rules from us is answerable for all he shall doe by vertue of any such pretended power of Deputy We are Informed that M r Joseph Blake haveing a deputation vnder y* hand and Seale of Mr. Archdale you have notwith- standing putt him out from being Deputy and put in M r Berrisford in his roome of vo r owne choice and that Mr. Berrisford acts as Deputy Wee hope this Information is not true for we can never aprove yo r so doeing and shall be obliged to vindicate our owne rights therein for wee will never allow that any Governo 1 vpon any ptence whatsoever shall turne out a Deputy that is so apointed to bee vnder hand and scale of any Prop 101 that tending towards a rebellion to y® crowne arbitrary power in himself and the outeing of the rest of the Prop 10 ” of their rights Wee knowe not what to say to v® protestation of our Deputys vntill wee are truly Informed of y® matter of fact, they sayeing you positively refused to governe by our Instructions or rules of Goverment and you affirm the contrary for If you did refuse to governe by our Instructions wee think they did like wise and honest men to act with you and wee have a very good Character of the honesty prudence and truth of sev- erall of them, but we shall suspend our judgem 1 of that matter untill yo r arrivall in England and that wee have proof of the allegations on both sides We do not aprove of any reflections upon you for Actions in Albemarle and shall be very ready to shew our resentm 1 thereof as soon as you have clear d yo'self from the misdemeanors and opressions layd to yo r charge by the Inhabitants of that County w ch misdemeanors are viz 1 1 That you seiz d upon two persons that came into Albemarle from Barbadoes pretending they were Pyratts although they produced cockets and clearm ts of their goods from the Governo” of Barbadoes and Ber- mudas COLONIAL RECORDS. 369 2 That you kept these p r sons in hard ' durance without bringing or pretending to bring them to trvall In \v ch hard durance Richard Hum- phrey one of them dyed of grief and ill vsage. 3 That the s d Richard Humphreys made a Will before his death and left one Thomas Pollock his Executor whom you would never admit to prove the s d Will, though often required by the s d Pollock to permit him to prove it before you nor would not so much as suffer the Court to at- test that v® said Pollock had offred the Will to prove but took all y e goods into y r owne hands and converted them to y r owne vse 4 That the s d Pollock haveing sett vp his name to come for England to complaine of v r Injustice you Imprisoned him without shewing anv reason or permitting him to see a copy of his mittimus 5 That you have for bribes withdrawne accusations that were for felony and treason 6 That you did unlawfully Imprison one Rolf Cannon 7 That you did arbitrarily and vnlawfully detaine from John Stewart one negro and seven pewter dishes 8 That you did Imprison George Durant upon p r tence of his haveing said some reflecting words of vo r self and did compell him to give von a bond for a sume of money while he was in durance and did afterwards on p r tenee of y® bond seize upon all the estate of the said George Durant without any process or collor of law arid converted the same to vo r owne vse. 9 That you did vnjustlv take from one John Tomlin his plantation. 10 That you did vnlawfully detaine the Cattle of George Mathews and refused to deliver them although there was an order of court for it 11 That you took the plantation of John Harris vpon p r tenceof a sale of the same to you by the said Harris although you knew the s d Harris was vnder age 12 That you vnlawfully seizd vpon v® estate of one Mowberrv 13 That you did bv v r power as Governo® and proprietor seize upon severall mens estates without process of law and did severall other vnjust and arbitrary actions for w oh misdemeanors and other opressions, the In- habitants of Albemarle Imprisoned you with intent to send von prisoner to England and there to accuse you but you In treated them not to send you to England but that you would submitt all to be determined by the next Generali Assembly who accordingly gave Judgement ag‘ you In all the forementioned particulars and compelled von to adjure the Country for 12 months and the Goverm* for ever which proceeding of vo r self and the people is in our opinion prejudicial to the prerogative of the Crown 43 COLONIAL RECORDS. .‘570 and till! horn/ and dignity of vs the prop 10 " Wherefore as in duty hound and for our owne vindication Wee are resolved to have this matter thor- oughly inquired into that wee may take such course for the p'venting such disorders for the future as shall a pea re most fitting for the asserting of their Ma ty * prerogative, the peace of the province the just libcrtys of y* people and vindication of ourselves But are vnwilling to proceed therein untill we have first spoken with you Wherefore desire and require that you come speedily for England that wee may have a full and clear In- formation of all matters and bee thereby Inabled to know how to pro- ceed and If you shall refuse or delay to come Wee cannot avoid thinking you guilty of all the misdemeanors layd to yo r charge and shall be con- strained for our own vindications and to shew our abhorrence of the In- justice and opression practiced by any of our number to lay the whole matter before the King and pray his mandamus for yo r apearance here to answere what shall be objected ag‘ you w oh we hope you will not com pell vs to wee being vnwilling to make you a publick shame or to bring you vnder a prosecution wee ourselves cannot stop when once begun. Our Deputys had orders from vs not to call any Parliam' in Carolina without directions from us vnless some very extraordinary occasion should require it Wherefore wee cannot blame them for following our In- structions nor can wee aprove of yo r Incourageing the people to petition for a parliament or calling one because they did petition, tumultuous pe- titions being prohibited bv Act of Parliam' here with a severe penalty upon such as shall break that law and we know not how farr such ill example In Carolina may Influence his Maj t,es subjects In his other American plantations, but since von write that the Inhabitants have Intentions to depute 2 persons for our better Information of all matters wee have directed our Deputvs to consent to the calling of a Parlia* for that purpose, for any Parlam' called by you with consent of such dep- utys as are not duelv Impowered by vs wee cannot allow to be a Par- liam'' nor can wee tell how to justify our own consenting to any acts made by such Assembly. Wee here Inclosed send you copie of some Articles vnder the hands and seales of the prop* 0 " in 1(572 to w ch mv Lord Clarendon sett his hand and seale and to which any that claime vnder him are bound Wee have no thought nor Intentions to doe you wrong or Injury, but on the other side wee shall not permitt ourselves to be Imposed on nor his Maj‘ ys Subjects that live under our Governin' to be o press' 1 or unjustly dealt with by anv p r sons whatsoever and shall much rather surrender our Governin' to the King than suffer it If it bee not to be remedyed other COLONIAL RECORDS. 371 ways for wee have no other Interest to keep the Govern 4 in our owne hands, but that wee may be able to assure the people they shall not be oprest by y® Govern 4 and thereby Incourage them to goe to Carol ina*to take our Land and pay vs the rent, for it is not our Intentions to make profit by the Govern 4 ourselves or to suffer any Officers vnder vs to opress y“ people by extragant fees and grow rich by the rune of y® people Wee rest yo r affectionate friends To Seth Sothell Esq” P COLLETON CRAVEN Palatine JOHN ARCHDALE for ASHLEY THO: ARCHDALE CARTERET THO: AMY [B. P. K. O. America and W. Tnd: No. (>37 — Extract.] COLL. NICHOLSON TO LDS OF THE COmITTEE 10 JUNE 1691. James Citty in Virginia June y® 10 th 1691. May itt please v r Lord 1 ’ 3 * * * * * * * * If y e Petitions of y® Councill & Burgesses & of y® Burgesses alone (w ch I transmitt to vo r Lord 1 ’ 8 ) will not be granted I most humbly offer y l they may lx* kept in hopes A have noe absolute dcniall, soe long as New England, Pensvlvania, Maryland & v® two Carolinas are unsettled (w oh 1 suppose will ever bee (ill their Ma tvs shall be graciously pleased to send Gov” into those Colonies) for they may be fatal 1 examples bv en- courageing y® Mob A now they harbour our Serv 48 Debtors & Slaves. 1 hear y 4 at South Carolina one M r Southwell who was banished about eighteen months ague by y° Mob out of North Carolina now heads them there, soe v 4 they are in great disorder Pennsylvania being in v° hands of y® Quakers & few or noe Militia to defend that Country if attacqued bv an Enemy, itt may bee a retreating place for them & if they bee of Wil- liam Penn’s pernicious principles they may hold Correspondence with v* French and Indians by land & w 4h the first at sea For in all these parts they correspond very much one w 4h another but I have putt out a Pro- clamation about them & all y® loose Governm 43 too. * * * * Yo r Lord 1 '* most obedient humble Servant FR. NICHOLSON. 372 COLONIAL RECORDS. [B. P. K. O. Viuuini a. B. T. Vol. 5 B. A. p. 2.] ATT A COUNCI LL HELD AT JAMES CITTY 8 Ur 20 th 1091 Present The Rt. Hon ble Francis Nicholson Esq" Their Maj* Lieut. Gov r & the Hon bl “ Councill This Board takeing into their consideration that the* line between this their Maj ts Governm* & the Proprietary Governm* of North Carolina not being setled occasions great dissatisfaction to the inhabitants adjacent thereto and for that this Gov 1 hath always granted lands to the lattitude of 30 and never any Grant or Coiiiand hath forbidden the same nor claime made on this side that latitude till of late some of the Officers of the government of North Carolina have disturbed the inhabitants demand- ing levies and Quit rents from them pretending the Propriet" Grant is to the latitude of 36J And to the end it may be knowne to what latitude the Propriet" Grant is M r Sec rT Cole is ord d to write to M r John Porey & desire him to search and finde out whether their Grant be confirmed to the latitude of 36 J under the Great seale of England And if it be that then he obtaine their most Gracious Ma‘ es Order that the Propriet" at such time as this Govern 1 shall appoint cause the same to be laid out but if a Grant be not confirmed to them under the Great Seale to the aforesaid latitude he endeavour to hinder the same by setting forth to their Maj® that it will be a great lessning to their Maj* quit rents of this Colony and to the great dissatisfaction & discouragem* of these in- habitants who have many yeares since obtained the grants of those lands and lived and inhabited thereon as alsoe will cause great alteration in the long and well formed settlem* of that part of this Govern* by taking away a great part of several Counties and leaving such a small slip of land in this Govern* on the South side of James River as will be diffi- cult to frame in a good Method And the land soe taken away not con- venient for the Governm* of North Carolina lyeing far from any con- veniency of goeing to it bv water except they come into this Govern* COLONIAL RECORDS. 373 [B. P. R. O. Colonial Entry Book. No. 22. p. 199.] William Earle of Craven Lord Viscount Craven Baron of Hampstead Marshall Palatine To Collonell Philipp Ludwell Governor of Carolina Whereas It is agreed by the Lords Prop tors of the s d province that the Palatine should name the Governor I out of the trust and confidence I have of the wisdome prudence Integrity and loyalty of you Coll : Philipp Ludwell doe hereby nominate constitute and apoint you the said Coll. Philipp Ludwell to be Governor and Comander in Cheit ot Carolina with full power and authority to doe act and execute all such Jurisdic- tions and powers as by vertue of the rules of Govenn* and Instructions given by myself and the rest of the Lords prop* 0 ” of the s d province a Gov- ernor is to doe and exercise and you are to follow such Instructions as are herewith given you or that you shall hereafter from time to time re- ceive from myself and the rest of the Lords Prop* 0 ” of the s d province and thus to continue dureing my pleasure. Given vncler my hand and seale this second day of Nov b8r 1091 CRAVEN Palatine [B. P. R. O. Colonial Entry Book. No. 22. p. 187.] INSTRUCTIONS FOR COLL. PHILIP LUDWELL GOV- ERNOR OF CAROLINA [8 November 1091.] 1. Wee the Lords Proprietors have agreed that the eldest of the Lords Prop* 0 " and that was Proprietor the first of March one thousand six hundred sixty nine shall be Palatine. 2. But after the decease of them he that hath been longest a Prop*° r and hath paid the full proportion with the rest for settling the Province shall be Palatine but after the year One thousand seaven hundred and decease of those that were Prop* 0 ” the first of March one thousand six hundred and sixty nine the eldest of the then Lords Prop* 0 ” and who hath paid as afores d shall be always Palatine. 3. It is also agreed that there shall be seaven other great offices erected \ iz : Admirall Chamberlin, Constable Chief Justice Chancellor High COLONIAL RECORDS. 374 Steward and Treasurer to he enjoyed by none but the Prop 10 ™ and that upon the vacancy of any of these offices the eldest of those Prop* 0 ” that was Prop 10 ' the first of March one thousand six hundred sixty nine shall have his choice and after the decease of those he that hath been longest a Prop t0r and hath p d his full proportion of money that hath been ex- pended in the settle jn 1 of the Province but after the year one thousand seaven hundred the eldest man of the then Lords Prop* 0 ” and that hath payd his money as above shall then have his choice. 4. The oldest of those Prop* 0 ” that were soe the first of March one thou- sand six hundred and sixty nine that shall be in Carolina and hath payd his full proportion of the money expended bv the Lords Prop* 0 ” shall of course be the Palatines Deputy unless the Palatine and three more of the Lords Prop* 0 ” shall otherwise direct under their hands and scales. 5. The Palatine is to name the Governor and the Admirall, the Mar- shall of the Admiralty, the Chamberlain, the Register of Births, and Marriages, the Constable the Marshall of the Regim** the Chief Justice the Register of Writeings and Contracts, the High Steward the Surveyor of Land, the Chancellor, the Serjeant at Amies attending the Chancery and upon any man’s producing a Comission from any of the Lords Prop* 0 ” under 1 1 is hand and seale for any Office In that Prop* 0 " disposal you are to admitt the person so comissioned to the execution of the sayd office. G. For as much as it is of great security to the Inhabitants of Caro- lina that no ill or unjust man be in so great a trust in the govern* as a Proprietors Deputy any Deputy of a Lord Prop* 01, howsoever constitu- ted shall cease to be a Deputy when the Palatine and three more of the Lords Prop* 0 " shall under their hands and seales so order and direct. 7. For 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* 0 ” not in the power of the Palatine & Prop* 0 ” to be removed when he shall act unjustly or contrary to law and to the oppression of the people or contrary to the peace or quiet or security of the Settlement any Gov r whether one of the Lords Prop* 0 ” or other is to cease to be Governor when ever the Palatine and three more of the Prop* 0 ” shall under their hands and seales signify it to be their pleasure and so direct or when any six of the Prop* 0 " or their Guardians if under age shall under their hands and scales soe direct, altho’ the Palatine be not one of them. 8. Upon the death of anv of the Lords Prop” you are not to admitt any person to any office that was in that Prop* 0 ” disposeall who is dead COLONIAL RECORDS. 37b bv vertue of a Comission from another Crop* 01 ' until the Palatine and three more of the Lords Prop 40 " have certified under their hands and scales that such Prop' hath right. to and is admitted unto the place of that Prop* 01 who is deeeas d and had dureing his life time power of disposeing of the sayd place. 9. Wee have alsoe agreed that each of the Lords Prop* 0 " shall nominate or apoint a Deputy under his hand and seale to be recorded in the Sec- retary’s office in Carolina. 10. The Lords Prop* 0 " Deputys are to be your Council 1. If it shall happen that any of the Lords Prop" Deputys shall by death or departure out of Carolina cease to be a Deputy that there may not be a failure in the Cover* for want of a due number of Prop* 0 ” Deputys You our Governor and the rest of our Deputys who are soe by Deputa- tion under the hand and seale of the Proprietors are by majority of votes given by ballot to choose a person to be a Deputy for that Proprietor whose Deputy is dead or departed the Province who shall continue to be a Deputy and have the same power as our other Deputy unless in electe- ing Deputys untill that Prop*° r shall under his hand and seale have apointed another Deputy. 11. You our s d Governor are by and with the consent of any three or more of our Deputys test ifyed by their signeing the Comission and where wee ourselves have not apointed or shall not apoint a person or persons for the s d office to constitute a Chief Judge by the name of a Sheriff with four Justices for the tryall of causes in any of the Countvs that have fifty freeholders qualifyed to serve on Jun es w ch Sheriff and Justices are to take an oath if free to swear for the due administration of Justice. 12. Untill any County have a Court erected in it the causes of the inhabitants of that County shall be tryed in that County that lyes next to them and where a County Court is already appointed and the Inhabi- tants of such County may serve as Jurymen untill a Court be erected in the next County where they reside. 1J. All processes and actions to be tryed in the County Courts and pleas &o. shall be entred and Records kept of them by the Clearke of that County Court where the Action is to be tryed the Clearkes of the respective County Courts shall be appointed by the Chief Judge or sheriff w oh Clearkes are to be sworne for the due Execution of his office and give security by his owne bond. 1 1. You are by and with the consent of our Deputys to apoint a Mar- shall to each County who is to execute all Writs and Executions Issuing from the s d Court. COLONIAL RECORDS. 376 1 o. All process Writs and Executions Issueing in Actions or Causes to be trier! before v r self and our Deputy- shall be served and executed by the Provost Marshall. All actions Pleas R DS. .377 for the better and more peaceable goverm 1 of the inhabitants of our Province in our names to Issue writs to the Sheriffs of the respective Countves to choose twenty Delegates for the freemen of Carolina, viz five for Albemarle County five for Colleton County and five for Berke- ley County and five for Craven County to meet and in such place and-in such time as you and any three or more of our Deputys shall think fit to give their advice assent and aprobation to such Lawes as shall be thought reasonable to be enacted for the better Goverm 1 peace and wel- fare of the s d Province always provided that the said laws be not repug- nant to the Lawes of England. 21. And that there may be no dispute about the bounds of Countys Wee have thought fit to apoint that the bounds of Albemarle County be from the great river called Albemarle River on Rvanoke River to Vir- ginia, that the bounds of Craven County be from Sewee twenty three miles to the North East along the shore and from thence thirty five miles in a North west line into the land that the bounds of Berkly County be Sewee in the North East and so along the Sea to Stonoh river to the South west and thirty five miles back into the Land from the sea. 22. And that the bounds of Colleton County be Stonoh river on the Northwest and Combehee on the Southwest and thirty five miles into the land in a streight line from the Sea and where the rivers nominated for the Northeast A Southwest bounds of any County doe not extend full thirty five miles from the Sea in a streight line the bounds of the s d Coun- tys are to be streight lines run from the heads of the s d rivers untill it meet w th the Northwest bounds of the s d County w uh is to be thirty five miles from the sea and no more. 23. The Countys farther up then thirty five miles from the Sea shall have the same rivers for their bounds If they run so fair up but if the rivers run not so farr then a line runeing Northwest shall be extended thirty five miles farther into the land then the Northwest bounds of the County next the Sea w oh lines runeing Northwest shall be the Northeast and Southwest bounds of the s'* County 24. And when any County shall make it appeare that by Grants regis- tered in the Registers Office that there is in that County forty freeholders you are then to issue Writs to the Sheriff of the s d County for the choos- ing of four Delegates to rep'sent in the Assembly the freemen of that County and then you are to issue Writs to the forenamed Countys for the choice of four Delegates for each County onely. 25. And as other Countys come to be planted and make it apear there is forty freeholders in the County you are to issue Writs in such Countys 44 378 COLONIAL RECORDS. for the choice of four Delegates also to rep'sent them in the generall As- sembly of the freemen of the Province and before any County have forty free holders so as to have Writs directed to it for the choice of Represent- atives 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 qualify ed to choose Delegates. 26. At the same time that you issue Writs for the choice of Delegates for the County you are to send Writs in our names to each of the Land- graves and Cassiques of Carolina to convene and give their advice and consent in tin 1 passing of such lawes as shall be thought reasonable and the Landgraves A Cassiques are to sett together w th our Deputvs. 27. With the advice and consent of our Deputvs and the Landgraves and Cassiques and Delegates of the Freemen thus assembled or the major part of them you are to make ordaine and enact such lawes as shall be thought necessary for the better Goverrn 4 of our Province but to be rati- fyed by y r self and three or more of our Deputvs under their hands and seales in presence of the Landgraves A Cassiques & Delegates of the Countvs before such acts be published or allowed to be lawes w ch lawes soe past are to continue in force for two years A noe 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 Prop" themselves and by their order published in the Generali Assembly. 28. Any law soe past before it hath been ratifyed under the hands and seales of the Palatine himself and three more of the Lords Prop" them- selves under their hands and seales and by their order published in the Generali Assembly of the Landgraves and Cassiques and Delegates for the Countvs shall cease to be a law whenever the Palatyne and three more of the Lords Prop” signify their Dissent to it under their hands and seales. 29. You are constantly to transmitt to us all lawes past as soon 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 dissolve the Generali Assembly as often as you shall think it requisit so to doe. 31. Wee having long since thought fit to take all the Indians reside- ing within four 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 y e limits of v e Goverm* over whom you are to place COLONIAL RECORDS. 379 officers and them remove at your pleasure and to cause the sayd forces to be duely exercised in armes and to doe all other things that to a Com- ander in Chief doth belong. 33. You our said Governor are to direct the meeting of our Deputys as often as you shall think fitt. 34. If you our s d Governor should happen to dye or depart the pro- vince or any other ways to be out of the Governm* and no person on the place Commissioned by the Palatine or us the Lords Prop tors Our Will and pleasure is that the prop" Deputys who are made so under the hands and seales of the Prop* 0 " shall choose one of the Landgraves to be Gov- ernor. If any Landgrave be then in Carolina and against whom there is no objection and If there be any objection against the s d Landgraves being Governor they are to transmit the s d objection to us but If there be no Landgrave in Carolina against whom there is noe objection that then those our Deputys are hereby empowered to choose one of those our Deputvs who is so by virtue of a Deputation under the hand and seale of a Prop t0r to be Governor untill another shall be a pointed by the Pala- tine and If there be no Deputy who hath a Deputation under the hand and scale of a Prop tor 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 Inhabitants of our province to Comitt any acts of hostility against the Spani ards. 36. You are to suffer no fines to be lavd on any one for misdemeanors by them comitted but to our vse the fines soe lavd being our right. 37. You our s d Governor upon any misdemeanors comitted are bv and with the consent of any three or more of our Deputys to suspend any Officer in Carolina put in by any of the Prop* 0 " except our Deputys and our Receiver Generali and place another to execute the s d Office in his roome untill our pleasure be knowne and while the said Office is exe- cuted by another he that so shall execute the s d Office is to keep an acc° of the profits of the s d Office and be* responsible to the party who is so suspended for the profits of the s d Office. If wee Ourselves shall think fit to restore him and soe direct and you are to send to vs the reason of such suspension that we ourselves may be enabled to judge If there be sufficient cause for vo r so doing and what the s d party doth alledge for himself. 38. Any Officer put in by any of the Prop* 0 " If he execute the s d Office by a Deputy is to take such Deputy as vou our Governor and our Deputys shall aprove of and no other. ' 39. You are to take all Imaginable care to see the acts of trade and navigation duely to be observed. 380 COLONIAL RECORDS. 40. You arc to vse yo r vttinost endeavour to seize any Py rats tliat shall come to Carolina and you are to prosecute all such as shall presume to trade with them or have any comcrce with them contrary to law to all the vttinost rigor the law allowes. 41. In all other matters not limited or provided for by these our In- structions you our s d 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 Government there as to you shall seem necessary and wee ourselves have power to do by vertue of our Chatter from the Crown w oh orders you are forthwith to transmit to vs with yo r reasons for the makeing of them w ch orders are to be in force untill wee shall under the hand and scale of the Palatine and three more of the Lords Prop 40 ” otherwise direct and no longer. 42. These Instructions shall be the Rules for proceedeings for any succeeding Governor as well as yo r self and be put in Execution by him untill wee shall otherwayse direct. 43. W ee doe hereby repeale and make voyd all former Instructions for the Govern m‘ of that part of our province that lyes south and west of Cape feare and all temporary lawes whatsoever these our Instructions be- ing to be yo r onely rule for the Governin'' of the future untill wee shall otherwise direct but our powers and rules for granting land are not hereby revoaked but to remaine as they are Giuen vnder our hands and scales this eighth day of Nov ber one thousand six hundred and ninety one. CRAVEN Palatine JOHN ARCHDALE ASHLEY forTHO: ARCHDALE THO: AMY P. COLLETON [B. P. R. O. Colonial Entky Book. No. 22. p. 197.] ADDITIONAL INSTRUCTION FOR COLLONELL* PHILIP LU DWELL GOVERNOR OF OUR PROVINCE OF CAROLINA If you shall find it Impracticable for to have the Inhabitants of Al- bemarle County to send Delegates to the General Assembly held at South Carolina you are then to Issue yo r Writs to the Sheriff of Berkly County to choose seaven Delegates for that County and to the Sheriff' of Colleton County to choose seaven Delegates for their County and to the Sheriff of Craven County to choose six Delegates for that County for COLONIAL RECORDS. 381 the Generali Assembly of that part of our province that lyes South and west of Cape fear and so to continue vntill more Countys are planted and shall he able to choose Delegates for the Generali Assembly as is apointed in our Instructions bearing date the eighth day of Nov ber One thousand six hundred and Ninety one If you shall find it needfull you our Gov- ernor are and are hereby Impowered to apoint a Deputy Governor of North Carolina with such powers as you shall think necessary provided the same be agreeable to and do not exceed those by vs granted to yo r self Given under our hands and scales this eighth day of Nov r 1691 CRAVEN Palatine JOHN ARCHDALE ASHLEY for THO ARCIIDALE P. COLLETON THO AMY [B. P. R. O. Colonial Entry Book. No. 22. p. 194.] PRIVATE INSTRUCTIONS TO COLLONELL PHILIPP LUDWELL GOVERNOR OF CAROLINA [8 November 1691] 1. M r Seth Sothell and the people of Carolina having acted contrary to all the fundamentall Constitutions of the Government and M r Mathews who pretends to be impowered by the people assureing us the people owne none Wee have made vo r Instructions sutable to our Char- ter from the Crowne and the people desiring a power of proposeing in the parlianf without passing the Grand Councell first Wee know no further use of such a Councell wherefore you are to call nonesuch untill the people shall consent the proposeing power for lawes shall be in the Grand Couneill as was directed by the Constitutions. 2. Wee haveing heard that the people of Carolina complaine of hard- ships and grei vances that are upon them You are to Impure what those hardships and greivances are and represent the same to us and what will be tit to be done by us to redress them. 3. \\ liereas it hath been insinuated tons in a paper signed by Andrew Percivall Hubert Quarry Ralph Izzard George Mus-ehamp John Harris and John Berresford That James Colleton Esq r our late Governor did sett up Martiall Law thereby the better to Ingrosse the Indian trade to himself you are to make strict Inquiry into that matter upon Oath and give us yo r report thereof in writeing And you are to send the deposi- COLONIAL RECORDS. .‘582 tions whereon yo r report is grounded to us And you are to examine upon oath such witnesses as the s d James Colleton or any for him shall pro- duce to he examined for his owne vindication you are also to Inquire what other Injustice or extortion was practised by the said James Colle- ton dureing his Goverm 1 and report the same to us how you find it. 4. Wee are Informed that some of the Inhabitants of our Province have hill' 1 severall of the Indians w dl being of pernicious Consequence not onely in Carolina but to all others his Majesty’s Subjects in the Northern America you are to make strict Inquiry thereof upon oath and if you find any person guilty thereof you are to cause them to be In- dicted and tryed for the same according to law and such punishm 1 In- dicted as the law apoints to such offenders that wee may bee able to acquit! Ourselves to their Maj ts and make our Justice knowne to the Indians and all the world. 5. You are to make strict Inquiry upon Oath by what authority M r Berresford and any other acted as Deputy and whether M r Sothell refused to suffer any to act as Deputy who had deputations under the hand and scab* of any of the Prop t0rs and send us the depositions taken in this matter attested by yo'self and you are to take notice that there were no Deputa- tions sent by any of the Lords Prop 40 ™ by Capt. Dodson except a Depu- tation from S r Peter Colleton to Capt. Joseph Blake and the blank Depu- tation in the custody of James Colleton were Intrusted to him to be filled up by himself onely and noe other. (i. You are to make strict Inquiry by what authority Capt. Robt. Quarry sat as Judge or Sheriff of Berkly County and if you find his Comission is not signed by three legall Deputyes as well as the Governor or by any other Authority duelv derived from us you are not to allow of any J udgenf given by him as legall but look upon them as tryed by no legall order. 7. You are to restore Paul Grimball Esq™ to all the places he enjoyed under us and out of which he was put and you are to suffer the s d Grim- ball and all other persons to take his course at law against any person or persons whatsoever that hath done him or them Injury or Injustice. 8. You are to restore Bernard Skenking Esq to his place of Chief Judge or Sheriff of Berkly County Wee haveing had no complaints against him for injustice and found him always faithfull to us and you are to add four Assistants to him of whose probity and loyalty to their Ma tys and fidelity to us you have a good assurance. 9. If you find the number of offenders in the late disorders in Caro- lina to be so many that it may be inconvenient to punish all you are then to grant our pardon to all (with exception to such as have been guilty COLONIAL RECORDS. 383 of high treason towards their Maj tes and willfull murder) 1 >ut some few of the most notorious and obstinate offenders and against whom the proof of their crimes is playnest against whom you are to proceed at law It being necessary for the future quiet of our Province to have some made examples or to be at mercy at least. 10. Wee are Informed that there are very good perle in some rivers of Carolina w ch being granted to us by our Charter you are to consider the properest way how to make the same profitable to us either by our rente- ing the same to some person or persons or what other way you shall think fittest for us when you are upon the place. 11. You are to encourage all people that will to reside at the Sevanah towne or any other place among the Indians that the Inland parts of our Province and the strengtht of the several 1 Nations of the Indians may be fully knowne. 12. You are to suffer all persons that will freely to trade with the Indians. 13. You are to make strict Inquiry upon Oath If M r Sothell did grant any Comission to Py rates for rewards or otherwise w oh Jonathan Emery knows as wee are Informed who had twenty guineas for procur- ing a Comission from s d Sothell and if you shall find any such Comission was granted by him in our names you are to enter our dissent to it on record Incerting that such a Comission was granted without our consent and knowledge 14. Wee are Informed that several 1 Persons in Carolina not desireing to be Incumbred with a rent are willeing to buy their Land for w ch rea- son wee have given power to Our Trustees for granting land to sell six thousand akers and pass grants for the same to such persons as shall first have payd the purchase money in pieces of eight after the rate of five shillings the piece of eight to Paul Grimball Esq. our Receiver which you are to Incourage men to do as much as you can. 15. You are to direct the Surveyo r not to run out land for any man North of Santee River untill you shall receive further orders from us. lfi. If you find it need full you are hereby Impowered to apoint a Deputy in North Carolina 17. You are to use vo r uttmost endeavour to reduce tin* people to a sober vert nous manor of life by punishing all debauchery and profane- ness 18. If you find there hath been rnonays illegally collected or extorted from the people you are to cause restitution to be made in a legall ma n er and with the least disturbances to the quiett of the place as you can COLONIAL RECORDS. 384 19. You are to put none in Office in Carolina that are .suspected not to be friend to the pres 1 Goverm 1 here. 20. You are to make strict entpiiry upon oath If M r Sothell did refuse to governe by our Instructions and send the depositions and yo r owne report how you find it to us. 21. You are to use vo r uttmost endeavor to make a set lorn 1 of a Towne remote from the Sea to be hereafter the seat of the Goverm 1 22. You are to make strict Inquiry what rents or other payments are due to us and give us an ace 1 thereof as soon as possible These our Instructions and as many of them as you shall think fitting you are to shew or keep private as to you shall seem best. Given under our hands and seales this eighth day of Nov b,r one thou- sand six hundred ninety one. JOHN ARCHDALE for CRAVEN. Palatine THO: ARCHDALE. ASHLEY P. COLLETON. THO. AMY. [B. P. R. O. Colonial Entry Book. No. 22. p. 201.] London this of Dee ber 1691 Wee have ree d severall Letters and papers from you w ch wee would have answered fully now but that we want further Information in some par- ticulars which wee hope wee shall lie satisfyed in soon after the arrivall of our Governo 1 Coll: Philip Ludwell amongst you. Wee were ex- tremely troubled when wee heard of the sufferings of the Inhabitants of North Carolina by the arbitrary proceedings of M r Seth Sothell which unjust and Illegal actions wee abhor and have taken the best care wee can to prevent such for the future And that all men may have right done them who have suffered by him. Wee shall always endeavour yo r good and welfare and to make peace plenty and happiness to florish amongst you you Wee comitt you to the protection of Allmighty God and rest Yo r very affectionate friends CRAVEN Palatine ASHLEY To Our Councill Magistrates and CARTERET Inhabitants of that part of our P. COLLETOiS Province of Carolina that lyes North and East of Cape fear 385 COLONIAL RECORDS. 1692. [B. P. R. O. America & W. Inu: No. 637.] VlRG a To the R* Hon bl their Ma* Lein* Gov 1 ' & the PIon w ° Couneill of State. In obedience to an ord r of the R* Hon ble the Lei lit* Gov r & the hon Me Council] beaming date the 22 d 8 br 1691, At the month of Weyanock River orCreeke being a Branch of the great River of Roanoak otherwise called Chawan & Albemarl River, being alsoe the bounds of the p r tended Iatt r Grant to the Lords Propryet" of Carolina. Upon the 8 & 9 th day of March An” 0 1691-2 together with M r William Heslett my Assistant, & divers other persons that accompanyed mee, I made two sev 11 observacons of the sunns altitude at Noone, & find the Latitude of the Mouth of the s d Weyonock River or Creeke to be North Lattitude 36 deg: 25 min: I further observed that at that place the Course of the said River of Weyonock runns up Westerly tending 40 or 50 deg 8 Northerly & the course of the Blackwat r runns up at that neare North. I alsoe set my Instrum 1 due East, and was Informed by v° Indians, that it directed to the Plantation of Tho: Gough, an Inhabitant in Sum- erton (a Settlem* of sev 6 ' Plantations in the County of Nanzemond) about ten miles distant. The next day being the 10 th of Marclj proved very Rayney. On the 11 th day 1 went to Sumersett a fores'* near to the place directed by the Indians where we made an observacon of the Sunns Meridian Al- titude (haveing a very fair observation) side the West line, but could from thence make no further observations of the beareing of any remarkable Settlem** Contiguous to the place. But I sent the said M r Harslett round the Sound & sand banks to a j)laee called Chases point, (being near 70 Miles about) to make observa- tions of the Mouth of North River & No: West River, \v ch are in y® Countyes of Princess Ann & p‘ in Lower Norfolk, who hath to me re- ported that a West line from Corotuck aforesaid runns over p‘ of Chases point, & excludes Cap 1 Gibbs plantation, being oil the point of the Neck, betweene North & North west river afores d , & Crosses North West River about three Miles from the mouth thereof, according to a Scheeme or Platt, thereof ready to be delivered to yo r Hono r I returned home the 22 nd March. Yo r Hon” most humble & obedient Servant THO: MILNER. 1693. [Records of Perquimans Precinct Court.J AT A COURT HOLDEN AT THE HOUSE HARRIS, FIRST MUNDAY IN MAY 1693 Present Thomas Lepper J 1 will well and truly as Clarke of this Court enter all such orders as shall be directed to mee, and wilbe truly ffaithfull in all such records as shall be committed to me in charge, 1 wilbe secret in \v‘ shalbe required of me by this Court to be kept and according to the best of my skill and knowledge execute the office aforesaid so help me God EDWARD MAYO. A Will of Robert Smiths was proved bv the oat lies of Thomas Steele and Elizabeth Godfrey Ordered that Jonathan Bateman & .John Durant be appraisers of the said estates. Caleb Calloway John Parrott’ Esq COLONIAL RECORDS. 387 Ordered that John Godfrey Jonathan Bateman and John Durant be appraisers of the estate of Thomas Slaughter & Margarett Slaughter St 6 Manering vers Rob Beasley In an action of the case refered to the Jury ffoll : the Jury finds no cause of Action. St 6 Manering vers Rob. Wilson In an action of defamation referred to y® Jury ffoll: the Jury finds no cause of Action. Ordered y* Stephen Mannering pay all costs alias Execution. St 6 Manering vers Rob Wilson In an action of ejectment referred to the Jury ffoll: The Jury finds no cause of action. Ordered y* Stephen Mannering pay all costs alias Execution. Mrs Wollard vers Edw Smithwick In an action of ejecttn*® referred to the Jury ffoll : The Jury finds for Plan tf w th costs. Ordered that the High Shriefe or his deputy put y e s d Sarah Wollard in possession of her plantation lying in Chowan as she was formerly w" M r Edward Smythick did dispossess her of the same & doe pay costs Rich Pope ver John Philpott No declaration appearing. Ordered a nonsuite w th Costs : alias Exe- cution Jn° Philpott ver Richard Pope In an action of perjury referred to the Jury ffoll: the Jury finds no cause of action Ordered the plan** pay all Costs of suite, alias Execu- tion. Jn° Philpott ver Richard Pope In an action of Perjury referred to y® Jury ffoll: y® Jury finds no cause of action. Ordered y* the plan* f pay costs of sute alias Execution. Hannaball Hoskins ver Patrick Henley In an action of y® case refered to v® Jury ffoll: the Jury finds no cause of action — Joseph Hallott ver Patrick Henley In an action of the case y® Plan** having showed no declaration. Or- dered y* the Plan** be nonsuited and pay costs alias Execution. Mary Parke ver Rob. Wallis In an action of v® cace. Ordered a nonsuite wi‘ h Cost alias Execution. COLONIAL RECORDS. 388 Henderson Walker Attorney to Tho: Swan Attorney to Sarah Lamb of New England ver John Dann In an action referred to y® Jury Hull : y® Jury finds no cause of Ac- tion. Hen. Palin JuN r vers Dan 1 Prichard Jun 1- The action called no declaration appering Ordered a nonsuite w th Costs Tim® Pead: M r Rich Ewins: \P A nth” Dawson : M r Geo : Branch : M r Israel Snelling: M r Tho. Twidde: M r Nich® Dawes: M r Jn® Lille: M r Jn® Stepne : M r James Hogg: ffirst Jury. M r Ralph fflecher: M r Christo 1, Butler: M r Tim® Clare: M r James Thigpen: M r Tho. Pierce: M r Patrick Kenedy: M r Ste: Mannering : M r Robt. Brightwell : M r Geo. Eames: M r Isaac Wilson: M r John Wil- loughby: M r tfraneis fibster: Second Jury. Upon petition exhibited by Isaac Wilson praying an ord r of this Court for 4 dayes attendance and 4 (laves coming and going for w ch an order is granted Upon a petition of Robert Beaslv praying an ord r of this court foure dayes attendance and six dayes goeing and coming for w ch an ord r is granted Johana Beaslv upon a petition prayes an Order for one day attendance and one day coming and going for w ch an ord r is granted Upon a petition of Wm Lacy Jun r praying an order for 3 dayes at- tendance & two dayes coming and going in November Court and in May Court one day attending and 2 dayes coming being sumoned by Robert Wilson for vv ch an ord r is granted Upon a petition of Patrick Kenady praying an order for three dayes attending and one day coming and one day going in November Court and in fiebruary Court one day attending and one day coming & one day going and in May Court one day attending & one day coming <& one day going at y® sute of Rolf Wilson ag* Mannering for w ch an ord r is granted Diana fibster records her marke an und r keele and over keele on the right ear and a cropp and 3 slitts on the left ear. Upon petition of Ralph ffletcher praying an ord r for 10 dayes attend- ance at y® court and ten dayes coming and going for w ch an ord r is granted. Upon a gene 11 petition exhibited to the Court by seve 11 Persons pray- ing an ord r for their attendance at Court to W itt John Wallis 2 dayes in fiebruary Court and in May Court 3 dayes for himselfe and 3 dayes for his wife John Chapman in february Court 2 dayes Joana Beasley wife of Robert Beasley in february Court 2 dayes and Robert Beasley & his wife in Mav Court each 3 dayes and Andrew Davis ftebruarv Court 2 COLONIAL RECORDS. 389 dayes and in May Court 3 dayes Isaac Wilson in May Court 3 dayes M r Ralph ffletcher one day Peter Gray one day Janies Thigpen 3 dayes John fflowers in fferuary Court 2 dayes and in May Court 3 dayes for \v ch an order is granted. Ordered y‘ Cap 1 Thomas Relfe he paid for 3 dayes attending the Court on y® action depending between M r Rich Pope & M r John Philpott Upon proveing a noate by M r Caleb Calloway ordered that be lie paid to him thirty shillings out of the estate Guvles Long disceased. ALEX r LILLINGTON CALEB CALLOWAY JOHN BARROW THO. LEPPER 1694. [B. P. R. O. North Carolina. R. T. Vol. 4. p. 17.] William Earle of Craven Palatine John Earle of Bath. Anthony Lord Ashley George Lord Carteret S r John Colleton Barr 1 Seth Sothell Tho. Archdale and Thomas Amy Esq” the true and absolute Lords and Pro- prietors of y e Province of Carolina To our Trusty and Wellbeloved John Archdale Esq r Governor of South and North Carolina W ee y® said true and absolute Lords and Proprietors of y® Province aforesaid reposeing speciall trust and confidence in v® Courage Loyalty & prudence of you y® s d John Archdale do hereby constitute and apoint you during our pleasure Governour of our whole province of Carolina And you are to doe and execute all things in due nianer & forme that shall belong to your comaud or y® trust wee have repos’d in you according to y® severall powers granted you bv this p r sent Comission Wee doe hereby further Impower constitute and apoint you our s' 1 Governour to be Ad- inirall Capt Generali and Comander in chief of all y® forces raised or to be raised both by sea and Land within our s d province and over them to apoint a Lieutenant Generali or Lieutenant Generalls N ice Admirall or Vice Admiralls both of South and North Carolina and Wee doe hereby farther Impower you upon all occasions during yo r abode in America to COLONIAL RECORDS. 390 constitute a Deputy or Deputy Governors both in South & North Caro- lina during yo r pleasure and to constitute and apoint all and singular offices in and for the Governm* of our s d province during yo r pleasure and y‘ pleasure of vs y e Lords proprietors Wee doe hereby I m power you at your departure from Carolina to England to apoint & constitute a Deputy Governour or Deputy Governors both in South and North Caro- lina with such powers onely as have been given by vs to y e present Gov- ernour Thomas Smith W ee do farther give you full power and authority with y® advice and consent of any three or more of our Deputys to grant and sell land in fee reserving twelve pence for one hundred acres ^ an- num as an aknowledgement and to settle y® cpiitt rents by Patents or Indentures and by such a methode as you our Governour with any three or more of our Deputys shall think fitt soe as when money cannot be had a true value may be settled in y* best of such Comoditys as y® Countrey is capable of producing Wee doe farther Impower you to escheat Land and afterwards to left it for rent or sell y® same And wee do hereby far- ther Impower you our s d Governour by and with y® advice and consent of our Councell and Generali Assembly of Our Province or any part thereof wherein there is a distinct Governin' to alter any former Laws that shall be thought fitt to be changed and to enact all such reasonable laws and Statutes for y® better Goverm* of our s d Pro ce as you w th y® ad- vice and consent of our Counoell and Generali Assembly shall think expedient provided y® s d Laws be not contrary to y® powers granted to vs in our Charter from y® Crowne and as nere as possibly agreeable to y® fundamentall Constitutions excepting in what relates to Jurys wherein wee have already given directions And wee doe hereby Repeale and make voyd all other Comissions given by vs to former Governors of our s d province Given vnder our hands and y® great Seale of our province this 31° of Aug 1 1694 CRAVEN Palatin (x) BATH (x) A ASHLEY (X) CARTERET (X) W m THORNBURH for S r JOHN COLLETON (X) THO: AMY (X) COLONIAL RECORDS. 391 [B. P. R. O. North Carolina. B. T. Vol. IV. p. 21.] FURTHER INSTRUCTIONS FOR JOHN ARCHDALE ESQ 1 GOVERNOR OF CAROLINA Whereas Collonell Ludwell our late Governor of North Carolina hath Informed us by his Letter bearing date the 1 st of May 1694 that he hath granted our lands of Albemarle County at a farthing ^ aker and pre- tends a power by vertue of an ancient grant in y e time of y® Governf of Mr. Stephens 1 W ee do hereby Impower you our Governor to make Inquiry into y* same and if you shall find any such Authentique Grant vnder our hands and seales &e you are hereby Impowered to allow & aprove of y® same and to grant lands in y® s d County of Albemarle onely at a farth- ing ^ aker 2 You are to signify unto our Inhabitants of North Carolina that v* s d County of Albemarle is by us aproved to be only that part that Joines to Virginia and on y® southerne part is separated by Albemarle Sound and Chewan River 3 Because that y® southern part of Albemarle Sound and y° Sound of Pemlico lye nere vnto y* s d County of Albemarle and have not y® ad- vantages good harbours for shipping. Wee therefore Impower you our s d Governor for y® Ineouragement of settling those parts w oh lye north of Cape Fear to lett any of y® s d land at such moderate quitt rents as you in your discretion shall think most reasonable but not under half penny aker for every aker yearly to vs and our heirs for ever 4 Whereas Landgrave James Colleton late Governor of Carolina com- plaines in his Letter to vs of y® 19° of July 1694 that not one peny of his Sailary of 2004' ^ annum was paid him during all y® time of his Government w oh was all most four years you are to settle all ace* 8 w th him and order y® Receiver Generali for y® time being to pay him y® ballance that shall apeare to bo Justly due to him after having first deducted the yearly rent of his Barony for all y® time he hath enjoyed it but at 20 £ ^ an- num in consideration of his sufferings on our behalf during his Goverm* o You are to endeavour also for y® better regulating and y® eneourage- nf of y® people that shall hereafter come to inhabit that tract of land that lyes North of Cape Fear and South of Albemarle County to erect as many Countvs as you in yo r Discretion shall see convenient and to give them such names as you alsoe shall think fitt COLONIAL RECORDS. 35)2 (5 You arc alsoe hereby Empowered w th 3 more of our Deputy* to sell land in Albemarle County for what you can reasonably obtaine but not vnder ten pounds y® 1000 akers reserving an aknowledgement of five shill: v* 1000 akers yearly and not vnder to vs and our heirs for ever Given vnder our hands and scales this 17" of October 1094 AT A COURT HOLDEN AT THE HOUSE OF DIANA FFOSTERS— THE FFIRST MUNDAY IN FFEB- RUARY ANN" DO. 1693-4 Wilkesons Vers Lillington & Hartley A Judgin'* Contest by Majo r Lillington & Mrs Susanna Hartly as Attorneys to Cap 1 George Clark® for £35: T9: w th Cost alias Execution : Ordered that Majo r Alexande r Lillington & Mrs Susanna Hartly in their Capaeityes aforesaid doe pay unto Collo 11 W m Wilkeson y® Sume of £35: 19 Cost as aforesaid Wilkeson Exe® to Jno Davis Vers Lillington Att to Holland A Judgin'® confest by Majo r Lillington as Attorney to John Holland of Virginia for y® Sume of £4: s 2: d 6. due to y® sd Wilkeson Execute® to Mr John Davis diseea 8 : Ordered y* Majo® Lillington in his capacity aforesaid pay unto Coll 11 Wilkeson y® Sume of £4: s 2: d 6. w th Cost Alias Execution. Mason vers White In an action of y® Cace referred to y® Jury ffollowing Mr John Phil- pott M r Patrick Henly M r Richard Smith M r John ffendall M r John Tweegar M r Tim" Clare M r W m Butler M r Richard Cheste d M r Thomas Horton M r Roger Snell M r Robert Beasley M r Cornelious Lerry: Or- CRA V EN Palatine BATH (X) (X) W“ THORNBURGH for S® JOHN COLLETON (X) THO. AMY (X) [Records of Perquimans Precinct Court.] Present COLON I AL REC( )RDS. 393 dered that the defend 1 pay unto the plan 11 : 5 17: d 6: w th Cost alias Execu- tion Philpott vers Nowell Mr John Philpott w th drawes the action ag* Rich Nowell. Mr Tho Lepper has proved Ten rights whose names are as f olio wet h Tho. Kent Ann Kent Sarah Kent Rebecca Kent Ann Kent John Thomas \V m Brown W m Brickstone Tho Lepper Nicholas Robeson Caleb Calloway enters ffoure Rights: Dan" Pembrooke Tho Merrett an Indian Boy in all ffoure. Arthur Long II a blow vers Hopkins In an action of' the Cace referred to ye Jury ffoll the Jury finds for y® Plan* £ 4 : 00: d 4 w th Cost alias Execution. A deed of Gift acknowledged in Court by Roger Snell to Jonathan Taylor Hopkins vers Harlow In an action of the cace nothing appearing Ordered a Nonsuite w th costs alias Execution A Will of M r George Durants proved in Court by the oath of M r John Philpott M r ffraneis fibster and that M r George Musohamp M r Charles Jones and M r John West be appraisers of the said estate A Will of M r Seth Sothells Proved in Court by the oaths of Collo 11 Wilkeson Cap 1 Henderson Walker and Sarah Wollard Young vers Hartly Executrix to Tho. Slaughter In an action of the cace referred to ve next Court An assignm* acknowledged from Cap 4 Henderson Walker as Attorney to Mrs Alice Wade to M r Patrick Balv. A petition exhibited by Elizabeth Arnord praying an apprasem*®. Ordered that William .John Godfrey be appraisors of ye estate of Laur- ence Arnold disceased & that a true inventory be given unto the next Court upon oath Burnsby vers Devillard In an action of deteynue referred to ye Jury ffoll the Jury finds no cause of action. Ordered that W m Burnsby pay all Cost alias Execution Evins vers Devillard In an action of Debt bv bill a jiidgm* 0 oonfest by the Defend* for 2401b of Porke Ordered that satisfaction me made accordingly w th Cost alias Execu- tion 46 COLONIAL RECORDS. Plater vers Toms The Defend 1 not appearing a nonsnite is granted with Cost alias Exe- cution Plater vers Manwering A nonsuite is craved and granted with Costs alias Execution Dawson vers Lerry 'Fhe plan tf & defend 1 being called the plan*' not appearing Ordered a nonsuite with Cost alias Execution Butler vers Mackdannel In an action of debt referred to y e .Jury tfoll. The Jury find no cause of Action Ordered that the plan tf pay cost alias Execution Mrs Durant enters for her two Grand Children a young sorrell mare with a star in her forhead Called Bonne the same mare & her increase & increases to to Ann and Elizabeth Waller to them and their heires for ever. Thomas Lepper has proved ten Rights in ye County Court Tho Kent Ann his wife Sarah Kent Rebeccah Kent Ann Kent Jun r John Thomas W m Brown W m Brickstone Tho Lepper Nicholas Robeson John Barrow proves three rights bv importation Robert Tester Si- mon Smith and a negroe Jean Thomas Pierce has proved his rights being Thomas Pierce John Pierce Susanna Ruth Pierce Dorothy Pierce Mary Pierce Mary Bridges John Wilkeson and John Pierce in all nine R ights Hannah Gosby has entered nine Rights Jno. Gosbv Jn° Anderson John Kinsey Richard Waterlow Kathrine Kinsey Jean Anderson & 3 hands from Jno Northcoate Joseph Hepworth Jeremiah White & Henry Clay sen r in all nine Rights Peter Gray Proves two Rights for himselfe transporting twice into the Governin'* and one given him by John Twegar John Bently enter for importation Richard Bently Jean Bently Mary Bently Sarah Bently a negroe Boy a Negroe Woman an Indian Boy in all Seven Rights Roger Snell enters for importation Roger Snell Rebecca Snell John Snell Mary Snell Walter Castle in all five Jenken Williams enter one right for himselfe Tim 0 Clare has proved foure Rights Tim 0 Clare ffrancis Belchamp Edmond Rodman Rich d ffox Jun r in all foure. Sam 11 Niccols has proved his rights being Chrisso r Nicoolson Hannah his wife Deliverance Sutton Sam 11 Niceolson ffrances Simons Hannah Niccolson in all Six Rights. COLONIAL RECORDS. 395 Thomas Harloe has proved his Rights Thomas Harloe Mary Harloe Mary Harloe Jno Harloe in all ffoure. Christo 1 " Butler has proved his Rights Christo 1 " Butler his wife & two children and a negroe girl in all five. John Durant has proved his rights. John Durant Sarah Durant one Ser tt named Judith in ali three William Godfrey has proved his rights being Prudem Hallum John Hallum Elizabeth Hallum W m Godfrey Sarah Godfrey in all five rights A Petition of Cornelius Lerry exhibited to the Court praying a qui : est. James ffewox has proved James ffewox Ann ffewox Robert ffewox Edith Batchelor James Wilson Ann Wilson Alice Wilson John Wilson in all eight Rights. Edward Mayo has proved his rights being Edward Mayo Sen 1 " Ed- ward Mayo Jun r Sarah Mavo Ann Mayo Elizabeth Mayo three negroes John Nixon Em Nixon Ann Nixon Affrica Pike Samuel Pike in all thirteene Turloe ffee has proved his rights namely Turlo ffee Daniel ffee being two John Mason has proved his rights being Morgan Thomas and his wife and two children and a highred man named John Haws: in all five Rights. William Butler proves his rights being William Butler Diana Butler in Number two. Richard Nowell has proved his rights being Richard Nowell Joan Nowell John Smith Ellinor Nowell Charles Taylor George Tavlor Mary Tavlor Olliver Nowell Alice Nowell in all nine George Deere has proved his rights being Jeane Critohell and John Dear and by Hannah Harrison Edward Harrison Hannah Harrison Joseph Williams W m ffyan Hannah ffvan Mercy ffvan Elizabeth ffvan Lvdia Harrison in all tenn persons George Young has proved his rights nanielv Edward fibster Perthe- sia fibster and George Young in all three Tabitha Haskett has proved her rights being John Gray and Tabitha his wife John Gray Thomas Grav John Grav in all five Rights Charles Maekdaniel has proved his Rights being Charles Mackdaniel Elizabeth Maekdaniel Thomas Wallingforde Samuel Powel in all ffoure. \\ illiam Laev has Proved his Rights being Martha Rouse John Rouse Marv Rouse Martha Rouse W™ Lacey Sen 1 " Grace Lacey John Davis Jean Davis W m Lacey Jun r in all nine Rights James Loadman has proved his Rights being Hubbart Lambert Jeane Buvard his Mother & James Loadman in all three Rights COLON I A L RECORDS. 396 Stephen Mainvering has proved hi< rights I » -i 1 1 <^ Edward Berry An- drew Kinsley .John Dead man Robert Brightwell Sen r Alice Brightwell Robert Brightwell Jun T Richard Barker John Caselton Stephen Man- wering being in all nine Rights Thomas Hossold has proved his Rights being himself twice transported M ary Hossold Thomas Hossold Jun r Thomas Snowden in all five Rights John Northcoate has proved his Rights being Henry Clay Sen r Mary Clay Henry Clay Jnn r Preeilla Clay two Servants Joshua Hep worth Jeremiah White John Northcoate. Three of these rights are sold to Hannah Gosby being in the whole Seven Rights Anthony Dawson has proved his Rights being himselfe and John Chapman in all two Rights Mr Patrick Bale has proved his Rights being himself Lucy Harvy a Ncgroe Woman Margrett Hamelton two Rights John Hudson Simon Daxter in all Seven Rights Richard ffox has proved his Rights being Richard ffox George ffox William ffox Mary ffox in all ffoure Rights William Bartlett has proved his rights being W m Bartlett Sen r Eliza- beth Batlett William Bartlett Jun r Thomas Bartlett Michael Bartlett in all five Rights Robert Beasley has proved his rights being himselfe Sarah Beasley his wife James Beasley Johanna Beasley Richard CheJtone Sarah Chestone in all Six Rights ALEX r LILLINGTON CALEB CALLAWAY JOHN BARROW THO LEPPER AT A COURT HOLDEN Y e 7 th OF AUGUST ANN 0 D 1G94 Psent Majo r Alexand r Lilli M r Henry White M r Thomas Lepper M r John Barrow Jurors Names M r John Porter Jun r M r Patrick Kenady M r Arthur Karlton, M r Geo Branch M r Isaac Rowden M r Anth 0 Dawson M r John ffendall M r Jos Sutton M r Isaac Wilson M r John Wade M r John Mason M r John Bentley A Bill of sale acknowledged in Court by James Johnson and his wife to Cap 4 Relfe ffletcher. COLONIAL RECORDS. 397 Ordered that Cornelius Lerry doe make his appearance at the next County Court then and there to make his defence ag 4 a petition of John Bentley In an action of y e caee referred y° Jury ffoll. the Jury finds for the Plan tf w 4h cost alias execution (foster : ag 4 Hopkins A deed of Gift acknowledged in Court by Ann Parish formerly Ja- cocks and John Parish her husband to her son John Hulfton. Hopkins ver Burroughs In an action of the case no cause of action appearing Ordered a non- suite. Stanley ver Tomey In an action of debt by Bill : an ace 4 appearing ag 4 the bill & sworn unto by the defend 4 ordered a nonsute. King ver Williamson In an action of y 9 case it was agreeed upon by the Plan 41 and defend 4 that Cap 4 Antho. Dawson & !M r Stephen Mannering doeaudite and fully determine the matter betwixt v 9 plan tf and defend 4 and if they cannot agree w th in them selves then the arbitrators to Chuse an umpire who shall make a finall determination in relation to v 9 condition exhibited to y 9 Court who fine due to M r King 8761b of tobacco and all things cleare betwixt them ord rd that Rich' 1 Williamson pay 6761b Tobacco w 4h Cost alias Execution. Articles of agreenp’acknowedged in Court by John (foster and Stephen Pane to be their voluntary act and deed : Belman ver Mannering In an action of tfalse Molestation there being an error in y 9 declara- tion. Ordered a nonsuite. The Court adjourned till tomorrow morning. Thomas King being Indited for felloniously stealing seve" Goods from M" Diana fibster and others referred to y 9 Grand Jury Jurors names as followeth M r John Porter Jun r M r Stephen Manwering M r Robert Brightwell M r John Hopkins M r Christo 1 Butler M r Henry Norman M r Patrick Henley M r John Belman M T Andrew Recde M r Wm Butler M r Michael Conner M r Geo: Mathews M r Robert Midline. The Grand Jury went out and brought in their verdict Ignoramus: M ra Diana fibster hath given unto W m Willoughby a Cow and Calfe y* marke is an over keele and under keele on y* left ear A a cropp A foure slitts on y 9 right ear to him and his heirs for ever 398 COLONI A L RECORDS. Hartly vers Gaskin In an action of Trover & Conversion. Ordered to be referred to the next Court Thomas Hassold enters one hundred and fifty acres land lying in Pe- quimons River on y® N. Est side of y® River betweene y® land of M r Sain 1 Pricklove and Thomas Attoway A petition .exhibited to y® Court by Eliza Arnold shewing that her husband Lawrence Arnold left his estate to his son John Arnold to be enjoyed at 13 yeares of age but being uncapable to mannage it by reason of his tend r yeares prayeth to chuse Jonathan Bateman for his Guardian: Ordered y* Jonna: Bateman be his Guardian and that his Mother doe bring in an Inventory of all the s d estate to y® next Court. Upon a petition exhibited bv Jabell Alford praying to have liberty to chuse a Guardian. Ordered that the said Jabell Alford be bound to M" Susanna Hartley Widow untill lie be one and twenty yeares of age & that y® said M rs Hartly be bound and enter into bond to learne him the trade of a Carpenter or Joyner w th in y® said time. Upon a petition exhibitted by Thomas Hassold shewing y* a child named Thomas Snoden was left w th him by his ffather in Law Edmund Pirkins upon condition to pay him GOO pounds of Tobacco ^ aim® for his Dyatt Ordered y* the said Thomas Snoden serve the said Hassold un- till his ffather in Law come for him or els till he arrive at y® age of twenty one yeares A deed of conveyance from Cap* Henderson Walker to Edward Wil- son y® 8° of Aug* 1G93 A deed of Conveyance from Daniel Oneale to Christopher Butler acknowledged in Court y® 8 th of Aug* 1693 Hartley vers Cobb Upon an attach m*® ag* the estate of Thomas Cobb upon y® aeco** of M* Thomas Slaughter y® evidence not appearing referred to the next Court W m Gaskin enters for his son Wm Gaskin two cowes over halfe on y® right ear and a cropp & a slitt on v® left eare & one cow slit on. both eares. HENRY WHITE JOHN BARROW THO. LEPPER COLONIAL RECORDS. 399 AT A COURT HOLDEN AT Y® HOUSE OF M rs DIANA FFOSTER THE FFIRST MUNDAY IN NOVEM br BEING Y e 6 th DAY OF THE MONETH 1693 [1694] Stephens vers Tomes In an action of defamation referred to v° Jury ffo: Jurys names M r Patrick Henley: John Twegger Isaac Rowden, William Jennings Row- land Buckley Christo 1, Butler Cornelius Lerry : Rich: Cragg Nich 0 Crisp Stephen Scott Jun r M r John Reyley Nich 0 Symons the Jury finds no cause of action Ordered y* Tho: Stephens pay all costs alias exec" A Bill of Sale acknowledged in Court by Wm Bartlett to Wm God- frey A Bill of Sale from Wm Godfrey to Wm Bartlett Sen r was acknowl- edged in Court A Bill of sale acknowledged in Court from Jn° Hawkins to Wm Bartlett Sen r A Bill of sale acknowledged in Court from Wm Bartlet to WiTi God- frey. A Letter of Attorney proved in Court by the oath of Wm Duckin- field & John Reyley from Henry Lvle and his wife. A deed of Gift acknowledged by John Reyley from Henry Lyle to M r Duckinfield in behalfe of John Jones. Wade vers Scott jun' In an action of y® Case referred to y° Jury ffoll the Jury finds for v® plain tf w‘ h cost of sutc and that Stephen Scott pay unto Jn° Wade six pounds and have y® Mare & coult where ever to be found he paying all cost alias Execution. Upon an attach in* laid by M™ Susana Hartly on y* estate of Thomas Cobb for eight pounds w oh being proved Ordered the s d Labour done on y® s' 1 land be praised by Patrick Henley A r Stephen Scott Jun' and if they cannot agree between themselves then to eh use an umpire who shall make a finall determination A deed of Sale acknowledged in Court by Jn° fflowers & Susan his wife to Tim 0 Clare. A Warr w of Attorney to M r W m Glover proved by the oath of Peter Gray: tiro Stephen Paine & John tfoster 400 COLONIAL RECORDS. Tomes vers Muschamr In sm action of y e cace for want of evidence ordered A Xonsuite that the plan tf pay all Cost * A Caveat entered ag‘ the estate of M” Stewart by Coll" Win Wilkeson & Capt Henderson Walker for about seven p d fourteen shillings by Bill under hand and seale Ordered y k M" Anne Stewart have letters of Administration and y* M r Caleb Calloway <& M r John Barrow be appraisers of the s d Estate and y* an Inventory of y® s d Estate be returned into y e office upon oath Toms vers Taylor In an action of y® case referred to y® Jury tfoll v e Jury finds for y e plan tf y® whole acco‘ abating 1 £ 12s OOd out of the acco 1 the whole aeco‘ being 26 : 08 : lOd. A Bill of Sale acknowledged in Court by M r Dan 11 Akehurst to y c Honeb 1 ® Seth Sothell in behalfe of M r Samuel Hill of Virginia and Mary his wife Devillard vers Bell In an action of y e Case referred to y° Jury tfoll : y® Jury finds for y® plan u 3£: 14s: lOd Ordered M r John Bell pay to Jacob Devillard the sum abovesaid w th Cost alias Execution Upon a petition exhibited to y® Court bv M r John Hunt praying y l M rs Ann Durant deliv r all Books papers and writings belonging to the estate of M r W m Terrell Disceased Ordered v l the s d M" Ann Durant doe forth w th deliver to M r John Hunt surviving executor of M r W m Terrills estate all papers bookes and A ritings belonging to M r W m Ter- rel’s estate Upon an agreem* made between M r Rich d Pope & M r Jacob Devillard to Joyne Issue wherupon v e Jury went out and found for y® afores d M r Rich d Pope v 6 Horse w th Cost Ordered that the afores d M r Pope have y e Horse w th Cost alias Execution. Hunt, vers Mayo Attor to J. Gibbs In an action of y e cace referred to v® Jury tfoll : the J ury finds for y® plan tf six pounds w th Cost Ordered y‘ Edward Mayo Attorney to Jno Gibbs esq r pay to Jno Hunt the s d suine of six pounds w th Cost alias Execution. Chambers vers Brown In an action of y e Cace no Evidence to the Lett r of Attorney appear- ing ordered a refference Lowton vers Pollock In an action of y e cace y c Plantf not being prepared to come to a tryall ordered a nonsuite w th Cost. COLONIAL RECORDS. 401 A Will of Zachary yerkin proved in Court by the oaths of M r VV m Glover & W m Keeto : A Bill of enditem*® was Brought ag‘ W m Shreenesand presented to y° Grand Jury y e Grand Jury finds Billa vera y e Petty Jury was sent out A found y® Priso r guilty of Petty Larceny & so returned y® Bill whereupon he was ordered by the Court to have 30 lashes upon his naked back stript to his wast A sevearly Whipt and be bound to serve for his Phees one yeare and half from this day 9 brs 9 th to his M r John Hatton besides his former Indenture of ffive yeares Pope vers Philpott In an action of y® cace referred to y® Jury ffoll the Jury finds for y® plan tf nine p ds foure shill and two pence Ordered y* the defendt pay to the plan tf nine p ds four shillings & two pence w th Cost alias Execution Alexand r Lillington esq r enters a caviat ag* the estate of Jn° Crosland for twenty two shillings in porke by Bill. Caleb Calloway enters a Caviatt ag‘ the s d estate for for 7 s 3 d in porke A J of a Bore Barrow M r Thomas Harvey enters a Caviat for M r Thomas Gillam enters a Caviat for 8£ by acco: Ordered y‘ the estate of John Crosland be X Romane in v" hands of Xtopher Butler untill y® next Precinct Court in Chowan. Ordered y‘ A "' Mancell A Mary his wife be paid for eight days atten- dance comeing and going to Court being summoned by Phillip Thomas. The Court Adjourned till tomorrow Morning seven a clock Ordered y* John Key ley being sum 4 by M r Tho: Lowton be paid for 3 days attending y® Court A one day comeing and one day gocing : Ordered y‘ Tho : White be paid for 3 days attendance and one day coming A one dayes going being summoned by Edmond Chambers: A Bill of enditem'® was brought ag' Robert White A Vincent White his son A presented to y® Grand Jury The Grand Jury finds Billa vera The petty Jury was sent out and they brought their verdict they found y® prisoners guilty of Grand Larceny A they craved the Benefit of y® clargev w oh being granted Ordered that thev be branded in v® hand w th the letter T: upon v® Brawn of y® left thumbe w ch was executed accordingly on Rob 1 White; y® other reteined to long® Time or be delivered by the Palatines Court 402 COLONIAL RECORDS. A petition exhibited by David Prichard .Iun r I >«i ner summoned by Matthew Kelly as an evidence attended the Court 1 days & a day eome- ing & a day goeing ordered y‘ y® s' J David Prichard be paid accordingly. A petition exhibited bv Win .Joy being summoned bv Matthew (al- ley & has attended 4 dayes on y® Court & a dayes coming and a day going. Ordered y* the s d Joy be paid accordingly. A Petition exhibited by Phi 1 1 Evins being sumoned by Matt Callin & has attended v® Court 4 dayes A a day coming and going. Ordered y‘ the s d Phill: Evins be paid accordingly. Gillam vers Smithick In an action of’ the Cace v e Jury being sent out and returning their verdict for y® Plan tf the defen 1 craves an Injunction Toomey vers Peade In an action of Debt by Bill referred to y e Jury ff oil : the jury finds for y® plan'* Ordered that Timo: Pead pay unto John Toomy thirty shill in porke w th Cost alias Execution. Susana Harris enters for her daughter Sarah her proper Marke a crop & two Slitt on y® left ear & an over keele & an under keele on y® Right ear. Augustine Scarbrough enters 300 acres of land on Powell Point Neck Palin Jun 1 vers Prichard Jun f In an action of y® case referred to y® Jury ffoll : Jurors names The jury finds for y® plan tf 3: 10: 4 Ordered that y® defend* pay unto the plan tf 3: 10: 4 d w th cost alias Execution. A Petion exhibited by Rob* Kitehin praying that he may have a Writt of Restitution for his goods w oh were taken from him by Rob* W hite & his son Vincent White Ordered y* the goods be delivered accordingly. A petition exhibited by Dan 11 Travis & his wife being sumond by John Toomy who attended v® Court 4 dayes and a day coming & a day going each of them for w oh he humbly pray an Ord r for y® same w ch is ordered accordingly Upon a petition exhibited by John Hatton praying a Writt of Resti- tution for his goods. Ordered that y® s d John Hatton have his goods restored to him again according to v® petition Upon a Petition exhibited by Tha: Twidde being summoned by Matt Callen hath attended 4 dayes & and a day coming A a day going for w ch he is ordered payin'® by the Court COLONIAL RECORDS. 403 Upon y e prayer of John Wilson being summoned as an evidence for Matt Callen attending 4 dayes A was a day coming and a day going Ordered y* he be paid accordingly Robert Mulline made oath that Robert White made an acknowledgin'' to him y* he owed M rs Ann Durant three pound odd money. Received this 9 th of Novemb r 1669 of Hugh Smithick for three leveyes two hundred seventy nine pound for Two yeares quitt rents two hundred p d I say Received ^ mee Henman Smewing Received more 150 lb of Thomas Hoskins acco" for Henman Smewing. Know all men by these presents that 1 Elizabeth Banks of London Widow have ordained appointed and made & in my stead and place by these presents put A constitute my beloved friends ffrancis Tomes A John Hawkins mv true and lawful] attorney for me and in my name and to my use to ask sue for levy recover and receive all such sum and sums of Money & other v e matter Goods and things in the scedule hereunto an- nexed mentioned as are due and belonging to mee from M r Seth Sothell y e now or late Govern' of Carolina A w oh are due owing or belonging or ^teyning unto me by any manner of waves or meanes w'soever from an v ^son or ^sons w'soever: Giving and Granting unto my said Attorneys by these p'sents my full and whole power and authority in and about the p'mises A upon rec' of such sum or sums of money or other matters or things acquittances or other discharges for mee and in my name to doe make seal and deliver A all and every other act acts thing and things in y* law w'soever needful and necessary to be done in and about v* premi- ses for y* recovery thereof: for me and in my name to doe execute and performe as fully largely and amply in every respect to all intents and purposes as I myselfe might or could doe if 1 were ^sonallv present. And 1 doe hereby firther constitute and appoint the said ffrancis Tomes and John Hawkins my lawfull Attorney for me and in my name A in my stead to enter into A upon all y' my plantation in Carolina and other the stock and goods thereunto apperteyning A to me belonging and full and peaceable possession A 8 ... i in thereof for me and in my stead and name A to my use to take receive reteyne and keepe A to sell lett A dis- pose thereof as to them shall seeme Meete for my use benefitt and advan- tage Giving and granting by these p'sents unto my s'* Attorneyes my full power and authority in and about y° p'mises A all and every acts things w'soever needfull and necessary to be done in and about v* p'mises for mee and in my name to doe execute and ^forme in as large ample maner and forme to all intents and purposes as I my selfe might or could doc if 1 were ^sonally p'sent Ratifying alowing and holding ffirme A stable COLONIAL RECORDS. 101 all whoever m\ s d Attorney shall lawfully dot* or cause to be clone in or about y® Execution of v* Premises by virtue of these p'sents In witness whereof I have hereunto sett my hand and seale y® 17 th day of Decem- ber Anno Do 1693 Albemarle To all to whom these presents shall come, Wee Stephen Pane and John fibster of the p r cinct Pequimons send greeting Whereas y® said Stephen Pane and John fibster have by our deed of Sale beareing date y® 2 d day of 7 br Ann Do 1693 Bargained assigned and sold unto Alex- and r Lillington of the same p'cinct esq r a eertaine plantation & tract of land lying in yeopins Creeke in y® planet aforesaid as in and by the said deed relation thereunto being had more at large doth appear now Know y® that we y® said Stephen Paine and John fibster doe bv these p'sents. Ordaine Constitute and appoint our trusty and well beloved friend William Glover of the p r cinct aforesaid ourlawfull Attorney for us and in our names A stead and on our behalfs to appear at any Court to be holden for this County and then and there in our name and behalfe to make acknowledgment of the aforementioned deed of sale & to act and doe any and every such lawfull act and thing for y e strengthning and confirming of y® said deed of Sale unto the s d Alexand* Lillington his heires and assigns as y® law doth require and wee doe hereby rattifie and confirm every such lawfull act as our said Attorney shall herein doe to be good and firme in law as if wee the said Stephen Paine and John ffoster 'had in our own proper person acted done and performed the same. In witness whereof we have hereunto put our hands and seales^y® 4 th day of ELIZABETH BANKS [Seal] Sealed and Delivered in y® p r sence of Proved before us bv the oath of M r Tho: Hunt y® 17° of May 1690 THO: HARVEY Wra W 8 brs Anno Do 1693 Siffnum c? Signed sealed and de- 1 livered in p'sence of ) Peter Gray John Cooke T" T- STEPHEN PANE (seal) JOHN FFOSTER (seal) Proved in Court y® 7 th of Novemb r 1693 by the oath of Peter Gray attested -p Edward Mayo Cler ALEX AND® LILLINGTON CALEB CALLOWAY JOHN BARROW THO: LEPPER COLONIAL RECORDS. 405 GENERAL COURT RECORDS. ALBEMA REE SS. At a Gen® 11 Court holden for this Countie of Albemarle at the houses of M r Thomas White on Monday the twenty fourth of Sebtember A no D ni 1(394 prsnt 'i'| ie jjon® 11 Thomas Harvey esq r Deputy Govern 1 &c : The Hon rblc ffrancis Tomes, Benjamin Dakar Maj r Sam 1 Swann, Dan 1 Akehurst Sec st esq r Lords Deputys. M r John Durant Assistant Mr Patrick Henley by his petition shewin y* a certain plantation whereon the petitioner liveth is Excheat to y® Lords proprieto 8 Ordered that a warrant be issued out to their Lordships Escheatnfto inquire into the premises Major Alexander Lillington and Mad m Susanah Heartley having obteined an attachment against y® estate of Cap 4 George Clarke upon the account of an order passed ag 9t them for and that the s d Alexander Lil- lington and Coll Heartley was attorneys of the s d George Clarke att the sute of Coll. W m Wilkerson for the sume of thirty five pounds nineteen shillings due from the s d Clarke to the s d Coll Wilkison It is the opinion of the Court that they being Attorneys of the s d Clarke might lawfull dispose of any effects of the s d Clark’s in their custody for the pavnf of his just debts w th out any such precepte in law or judgment thereon ag st the s d estate. Ordered that all other matters returned to this day be referred till the morrow being the 25 th of this instant September The Court adjourned untill tomorrow seven of the clock in the fore- noon. Tuesday y® 25 th y* Court meet & p sn w th y® afores 4 Cap Dawson Thomas Philips attached to answer M r Rich Plater in a plea of Debt The Marshall returned Non est inventus Ordered that the sute be dismissed Georg fferdice upon his oath proveth that he hath right to two hun- dred and fifty acres of land by the importation of George fferdice George ferdice his wife Mary his wife Sarah and Hanah fferdice his daughter Ordered that a certificate thereto be made to the Secretary’s office Wm Plater upon his oath proveth that he hath right to two hundred acres of land by the importation of W m Plater Martha. Grace and Thomas Plater. Ordered that certificate thereto be made to the Secretarys office. COLONIAL RECORDS. 106 Robert Penniwell is attached to answer Anne Cartwright in a plea of Debt and he came not neither the s' 1 Anne Cartwright whereupon it is dismissed. John Bentley was attached to answer Cornelias Lcrry in a plea of the Case and the s a Bentley upon default of the appearance the Plantif craves a nonsute and M r Rich. Plater in behalf of the plantif assumes that upon condition that the s d Bentley would consent to a reference of the action untill the afternoon the s' 1 Cornelius Lerrv should deliver to y 8 s d John Bentley a coppy of his acc‘ before tryall to which y® s d Bent- ley assents and the Court thereupon in mercy to y e s d Cornelius Lerrv Ordered that y c hearing of v e action be referred untill the after noon Rich. Plater being attached to answer ffraneis fibster in a plea of debt for and that the s d Rich. Plater refuseth to render to the plantife the sume of six pounds in porke w ch to the plantif he oweth. And the s d Rich. Plater came and upon default of the plantif craves a non sute. Ordered that the s d Action fall and that the s d fibster pay cost. John Wilson attached to answer Thomas White and Diana his wife in a plea of the case. And the s d Thomas White and Diana his wife came and say that the s d John Wilson is indebted to the plantifs v e sume of eight pounds five shills, and seven pence by account contracted w* the s d Diana one of the plantifs whilest she was sole which account they pro- duce in Court and the said John W ilson in his proper person came and desireth over of the s d acc‘ w oh being read lie saith that as to the sume of one pound nine shillings and five pence part of the s d ace* he cannot deny but he oweth but for the rest he saith he oweth not and this he disireth may be inquired of by the Country wherefore the Prov st Marshall or deputy is comanded to cause to come here twelve true and lawful men of the vicinage and who to neither of the partys are any waves related by whom the truth of the matter may be knowne who being impanelled and sworne Namely C John Stepney Foreman W m Bournsby John Mason j Wm Vos I Nicholas Symons I James ffewox John Twegger ffraneis fibster Wm Raymond Charles Dickison Mathias Towler ffraneis Hendrick say upon their oath. We find for the plantif the sume of eight pounds five shillings and seaven pence ( )rdered that the s d John Wilson pay to the s d Thomas White and Diana his wife the sume of eight pounds five shil- lings and seven pence with cost of sute a' s Execution. Cornelius Lerry is attached to answer Thomas White and Diana his wife in a plea of the Case and they came and say that the s d Cornelius COLONIAL RECORDS. 407 Lerry is indebted to the plantifs the suine of sixty seven shillings and one penny bv acc‘ contracted w th the s d Diana one of the plantifs wildest she was sole w ch acc‘ they produce in Court and the s d Cornelius Lerry came and defendeth the sute and saith that he oweth not the s d surue of sixty seven shillings and one penny as by the Plantifs is declared and this he desireth may be inquired of by the Country Wherefore the Prov 8t Marshall is required to cause to come twelve true and lawful 1 men of the vicinage and who to neither of the partys are in any waves related by whom the truth of the matter may be knowne who according impanelled, and sworne John Stepney foreman John Twegger, W m Bournsby, ffrancis ffoster John Mason, W m Ray- mond, W m Vos, Charles Dickison Nicholas Symons Matthias Towler, James ffewox, ffrancis Hendrick, say upon their oath. We of the Jury finde for the plantife three pound seven shillings and one penny in porke with costs. Ordered that the s d Cornelius Lerry pay to the s d Tlio. White and Diana his wife the sume of three pounds seven shillings and one penny in porke w th costs alias Execution. Rich. Bentley was attached to answer Cornelius Lerry in a plea of the case and the s d Richard Bentley came and also the s d Cornelius Lorry and also the s d Cornelius Lerry and the s J Cornelius Lerry saith that the s d Richard Bentley oweth to the Plantif the sume of two pounds one shill- ing and three pence by aec k and the s d Richard Bentley defendeth the sute & craveth over of the s d ace' w ch being read the s d Richard Bentlev saith that as to the five yards of Woolen cloth in y® acot expressed at the rate one pound lie oweth not for and Because y® s d cloth he received upon the account of his ffredome cloths whereof he maketh oath and the arti- cle of three moncth Dvet at the rate of eight shills and four pence the moneth upon his oath he saith ought by agreement to have been charged at the rate of four shillings and two pence the moneth the rest of the acc‘ he acknowledged) to be just but that lie hath discount of the sume of eight shilling and six pence all w ch he praveth may be inquired of by the Country Wherefore the Prov st Marshall is commanded that he cause to come here twelve true and lawful men of the vicinage and who to neither of the partys are anv ways related by whom the truth of the matter may be knowne who being impanelled and sworne JOS COLONIAL RECORDS. Namely M r John Harrows foreman | Evidence sworne j for the defendt. viz John Bentley J John Halford \Y m Plater Jonathan Bateman Robert Moline Wm Jackson Thomas Gillam Ben Gidion John Belman Uriah Canon Win Gaskin John Raper say upon their oath we of the jury finde for the plant i f eight shillings and six pence w th costs Ordered that the s d Rich Bentley pay unto "the s d Cornelius Derry eight shillings and six pence \v th costs of sute Court adjourned untill one of the clock in the afternoon 25 Sept 1694 Tuisday in the afternoon September the 25 tb the Court meet and and are p r sent The Hon rM Thomas Harvey esq r Dep ty Gover” &c and the Deputys and assistants aforementioned Thomas Hawkins arrested to answer Maj r Alexand r Dillington Attor- ney of John Wright of Virginia in a plea of Debt and the s d Dillington appears and produceth his letter of Attorney from the s d Wright and in behalfe of the sd Wright saith that the s d Hawkins is justly indebted unto the s d John Wright the some of sixty three pounds fourteen shil- lings and he produceth a bond under the the hand and seal of the s d Hawkins and Alis Davis Widdow and the said Hawkins came not and Capt Henderson Walker Surety for the s d Hawkins appearance assumes that he the s d Hawkins shall appear at the next Gen 11 Court to be holden for this County to answer the said complaint. Ordered that the s d Capt Henderson Walker Surety shall as aforesaid have here the body of the s' 1 Thomas Hawkins at y e next Gen 11 Court as afores d to answer the plaint as afores d otherwise judgment to pass against him for the s d Debt. John Bentley attached to answer Cornelius Derry in a plea of Detinue and the s d Derry came in his proper ^son and saith that at the request of the defend 1 he the s d Derry several 1 Chatties to the s d John Bentley defend* did lend on condition to be returned upon demand restitution whereof the s d Bentley denyes to y® Plantifs Damage fifty shillings and the s d John Bentley appeareth and by his Attorney Capt Henderson Walker defendeth the Injury and saith that the plantit the s d Chattel 1 - to the defendant did not lend as the plantif in his declaration alleigeth and this he desireth may be inquired of by the Country wherefore the Marshall is comanded that he cause to come here twelve true and lawful COLONIAL RECORDS. 409 men of the vicinage and who to neither of the party* are related by whom the truth of the matter may be known who accordingly impan- elled and sworne Evidence Sworne for plan 4 James ffewox I Rich Bentley J Namely John Stepney foreman Wm Crag Henry Creech Jno Twegger Jno Mason Wra Vos Nicholas Symons Wm Bournsby Win Raymond Charles Dickison Mathias Towler ffrancis Hendrick say upon their oath we of the Jury find noe Cause of Action. Ordered that the sute be dismissed and that the s ' 1 Lorry pay costs of sute Mr ffrancis Parrot by his peticon shewing that he being sumoned an evidence for the plantif in an action between ffrancis fibster plant i C and Rich. Plater defendt hath attended on this court two days and was three days coming and goeing Ordered that the s d ffrancis fibster pay to the s d ffrancis Parrot y® sumo of ten shillings als execution. John Bentley attached to answer Cornelius Lerry in a plea of the case and the s d Cornelius Lerry came and said that the s d John Bentley owed to y e plantif y° sume of sixteen pounds four shillings and ninepence by acc 4 And the s d Bentley by his attorney Capt Henderson Walker saveth that to y° s d action he ought not to answer for and because y® s d Cor- nelius Lerry hath in contempt of the rule of this lion 1 ' 1 ® Court in favour of the s d Cornelius Lerrv made in the forenoon hath dcnyed to deliver a coppv of his acc 4 to the defend 4 before tryall and craveth a nonsute Ordered that the s d action tall and that the s d Cornelius Lerry pay costs. Alexander Lillington esq r proves a letter of Attorney to him directed from W m Duckenfield esq r by the oath of Win Glover. Mr Patrick Henley arrested to answer Wm Duckenfield esq r in a plea of case and the s d Patrick Henley came and Alexander Lillington Attorney of the s d Wm Duckenfield saith y 4 he is not informed what in the case to sav and the s d Henley craves a nonsute Ordered that the s d action fall and that the sd Wm Duckenfield pay cost of sute Thomas Hassold attached to answer Thomas White and Diana his wife in a plea of the ease and the Plantifs say that the s d Hassold un- justly detaineth eertaine writing acc 48 and bookes relating to contracts and copartnerships had anti matle between the s d Diana one of the Plantifs 48 410 COLONIAL RECORDS. while sliee was sole and (lies ' 1 Hassold. And (lies ' 1 Hassold defendeth the injury and saith that a reasonable ace 1 thereof he is ready to render wherefor upon the humble prayers of both partys. Ordered that the auditing of the accounts and whole controversy in this action depending between the s d Thomas White and Diana his wife plantif and the s d Thomas Hassold Defended be wholy referred to the award of the Hon rbIe Thomas Harvey Esq Deputy Govern &c and the Hon rbl ® Benjamin Lakar esq r who are hereby requested to mak a full de- terminacon of the same and if need be make report thereof to the next Gen 11 Court. The rest of the actions returned to this day are referred until to- morrow : And the Court adjourned untill the Morrow eight of the clock in the forenoon. September y c 26 th f forenoon prsnt r pj ie i|on 0bIe Depty Governo 1 Thomas Harvey esq r ffrancis Tomes Benjamin Lakar Maj r Sam 1 Swan Coll Thomas Pollock Dan 1 Akehurst Sec 1 esq r L ds Dep tys Cap* Anthony Dawson M r John Durant assistants. Mad m Susanah Heartley attached to answer Patrick Henley in a plea of the case and the s d Patrick Henley came and saith that the s d Susanah Heartley as being Executrix of the last will and testam* of Coll ffrancis Heartley dec ' 1 is indebted to y® plantif y® sume of twelve pounds by ac- count produced in Court. And the s d Susanah Heartley by her humble petition showeth that she being very sick canot appear to answer the s d plan* at this court and humbly craves day to be given to her till the next court. Ordered that this action be referred to the next Co r * Juliana Taylor Widdow assumes upon herselfe in Court to answer a petition of M r Caleb Calaway and Benjamin Gidion shewing that the s d Juliana Taylor had molested and hindred the petitioners in their lawfull proceedings in and about the surveying of a tract of Land to y® s d Ben- jamin Gidion belonging lying on y® West side of Caslelons Creeke in Pequimons precinct And it appearing that the s d Juliana Taylors claime being by an entry made upon land formerly seated was illegal. But by the consent and at the request of the s d Benjamin Gidion in favour of the orphan John Taylor deceased Ordered that the dividing line between the s d Benjamin Gidion and the s d Orphan shall begin about the length of a chaine up the swamp from a little house built upon Alexander Speeds labour and shall run paralel w* h Cornelius Lerrys side line COLONIAL RECORDS. 411 Upon peticon of John Wilson of Pascotank shewing that John Gibs esq® owed to y® petitioner lawfull allowance for four days attendance and one day coming and one day goeing at a court in y e year 1(193 att v® re- quest of M r Edward Mayo Attorney of the said John Gibs Ordered the s d Edward Mayo Attorney of the s d Jn° Gibs pay unto the s d John Wilson y® sume of thirteen shills and four pence A Is Execif Of y® estate of Wm Sprag one cow and calfe in the hands of James Thigpen and one steer in the hands of John Lilly attached upon the com- plaint of John Stepney. And the s d John Stepney came and saith that the s d W m Sprag is indebted to the s d John Stepney in the sume of twenty six shillings by Bill under the hand of the s d William Sprag w ch he proveth by the Oaths of Christop® Butler and Caleb Callaway. And the s d James Thigpen came and says that the cow and calfe attached in his hands are not any part of the estate of the s d Sprag but that they are the proper estate of him y® s d James Thigpen w oh he proves by the oaths of Rich Willard and Anne Willard. Ordered that the s d cow and calfe be delivered to y® s d Thigpen clear of this attachment w th cost. And Christopher Butler alsoe came and saith that y® s d steer attached as afores d and all other goods or Chattel 1 & estate of the s d Wm Sprag doe now properly belong to the s d Christopher Butler and he produceth a bill of sale from the s d Wm Sprag w oh he prov- eth by the oath of Wm Charleton and for want of further evidence day is given to the s d Christopher Butler and thereupon this and all other attach- ments against the estate of the s d Wm Sprag are referred to y® next Court. The Prov st Marsh 1 or deputy is required to attach y® Body of Mary Lamb Administrator of v® goods and ehattells of Joshua Lamb dec d to answer y® plaint of M r Wm Collins of this county in a plea of Debt And the prov st Marshall saith that she is not in this County to be found and she came not and the s d Wm Collins came and saith that the s d Mary Lamb qualified as afores d is indebted unto y® plantif v® sume of ten pounds sterling w oh he desireth to be inquired of by the Country Where- fore the marshall is required that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys are any waves related by whom the truth may be found who impanelled and sworne viz John Stepney foreman, Win Charleton, -John Holford James ffewox Thomas Gillam Jn° Lilly, Jn° Bentley, Jno Tweger, Nicholas Symons, Robert beasley, Leon Loften, Patrick Kenidav sav upon their oath we finde for the plantif fifteen pounds in porkc Order* 1 That attachment be granted against the estate of the s d Joshua Lamb to satisfy the s d sum of fifteen pounds in porkc w th Costs of sute. 412 COLONIAL RECORDS. Upon pcticon of Thomas Welch Servant to M r Joseph Couiander praying to be discharged from his servis And lie produceth in Court his indenture bv \v ch it appeares that the time of his service ought to comence from his first arrivall in Ashley River it being part of this Province of" Carolina Order d that the s d Thomas Welsh be discharged emediately from hiss' 1 masters service Thomas White and Diana his wife attached to answer Thomas Has- sold in a plea of the case and the s d Ilassold came in his proper person and saith that the s d Thomas White and Diana his wife owetli to the sai< 1 Thomas Ilassold the sume of twenty one pounds nineteen shills, by acct and contracts had and made between the plantive and the s d Diana one of the defendants wildest she was sole and the s d Thomas White and Diana his wife came and defend the Injury and say that that noe such accounts and contracts was made between the s d Diana one of the de- fend ts and the plantifs as by his declaration the plantif hath alleged and the s d Ilassold produceth his acc te in Court and the defendant saith to y* charge of twelve pence by the pound for keeping the books is not accord- ing to agreenf and that the charge for casting up the old books was not according to agreem 1 and that the totall of the debts by the s d Thomas Hassold given and whereupon the wages of the s d Ilassold charged in the ace* was assessed is given in to be greater than the reall accounts of the s d booke amounted to And the s d Thomas Hassold upon his oath declares that the totall smile given by him & upon w ch he hath assessed his wages is the true and real sume of the Debts in the booke above mentioned contained, And further saith that the Charges aboves d for the keeping and casting up the booke aboves d are according to agreem 1 and this he desireth may be inquired of by the country Wherefore the Mar- shall is required that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys are any waves related by whom the truth of the matter may be found who being impanelled and sworne viz Jno Stepney Wm Charleton, James ffewox, Jno. Lilly, Jn° Bentley, Nicholas Symons, M r Nicholas Daw, Robert Beasley, Leon- ard Loften, Patrick Keniday, Thomas Clark Henry Palin, say upon their oath we tinde for the Plantif thirteen pounds six shillings and tw r o pence Ordered that the s d Thomas White and Diana his wife pay to the Plantif y® sume thirteen pounds six shills and two pence w th costs of sute. COLONIAL RECORDS. 413 James ffewox proveth his rights to land by the impor. of Rich Bache- lor and John Haswell John Halford by his petieon shewing that he be- ing sumoned to give his evidence for Thomas Hassold in an action aginst Thomas White and Diana Ins wife hath attended three days and day comeing and day goeing Ordered that the said Thomas Hassold doe pay unto y e s d John Hol- ford the sum of ten shillings and ten pence w th costs of this order John Tweger by his peeticon craving jiidgenf according to law for three days attendance, A a day coining and day goeing being sumoned an evidence for Thomas Hassold in his action against Thomas White and Diana his wife. Ordered that the s d Thomas Hassold pay unto y® s d John Twegger the sume of ten shillings and ten pence Mr. Robert Wilson attached to answer Stephen Manwaring in a plea of Defamacon and the s d Wilson came and craves time untill the next court for y e procuring of this evidence. Whereupon it is referred to y° next Court. W m Gascoigne by his humble petition shewing that whereas it was pro- vided bv an act of assembly that a road should be laid out for y* inhabi- tants on the back of Winleys plantation as conveniently as may be for the s d inhabitants w th out going through the cleared ground on the s d plantation Not with standing which the road is still continued through the cleared ground and orchard upon the s d plantation although a road may be found as convenient for the s d inhabitants w th out goeing through the s d plantation Ordered that the Court of the precinct of Chowan cause a road to be laid out according to the s d act and the proceedings therein be returned to v® next Gen® 11 Court. The Court adjourned untill Thursday 7 of clock the fforenoon Thursday September y® 27 ffore Noox The Court Meet Present The Hon® bl ® Thomas Harvey esq r Dep ty Govern' Danl Ake- hurst esq r Secret' tfrancis Tonies Bcnjaman Laker Maj r Sam 1 Swann Coll Thomas Pollock esq' L ds Deputes Capt Anthonv Dawson RPJno Durant assistants M r \\ il lrn Gascoigne by his humble petieon shewing that the estate of Thomas Slaughter dec® haveing been administered upon by Mad™ Susana Heartlcv hath been a great part disposed of w th out any Lawful! apprisem 1 * to y® great p'judiee of the creditors and orphans 414 COLONIAL RECORDS. Ordered that Mad m Susana Heartley be sumoned to bring in an aw: 1 of the s d Thomas Slaughter’s estate to the next Court. Stephen Manwaring attached to answer Robert Wilson in a plea of trespas of the case and the s d Stephen Manwaring came and the s d Wil- son alsoe and both partys freely and voluntarily refere themselves to the jiulgm 4 of the Court as well in the title of the land as alsoe in the assess- ing of damages and costs And the s d Robert Wilson by his attorney M r Richard Plater saith that the said Stephen Manwaring into one plan- tation to y c s d Robert Wilson belonging lying in pequimons p r cinct ad- joining on a certaine place called the long reach unlawfully hath entered and an house thereon built and the ground thereof broke up and severall other injurys thereon comitted though thereof forewarned whereof the plantif saith he hath damage of fifty pounds and the said Stephen Manwaring saith that in and to the s d plantation he hath entered as it was just and lawfull for him to doe for and because the s d plantation whereon the s d trespas by the plantf. is aleged to be comitted is not as the plantif hath aleged the land of the s d Robert Wilson but y* proper land of the s d Stephen Manwaring and the s d Robert Wilson produceth y e entry of the s d land w th his receipts and quit-rents by him the s d Wilson paid for the s' 1 land, And the s d Stephen Manwaring by Capt Henderson Walker his attorney produceth his right and entry. And upon eonsid- eracon of the whole matter it appearing to the Court that M r Stephen Manwaring’s entry hath the priority Ordered that the survey 1 lay out for the s d Stephen Manwaring six hundred and forty acres of land according to Cap 1 ffletchers entry and y* the land y* shall be found between y e line to be laid out for the bounds of the s d six hundred and forty acres of y® s d Stephen Manwaring and W m Lacy’s line be surveyed for the s d Robert Wilson and the survey thereof be returned to the first day of the next Cort that it may appear where the trespas lyeth. Capt Thomas Relfe sworne Prov st Marshall Benjamin LaKar esq r sumoned to answer James fievvox in a plea of trespas of the case And y® I Ion rbl Dep ty Governor Thomas Harvey esq r being nearly related to y® defend 4 withdraws And James ffewox sath that the s d Benjamin LaKar upon a certaine piece of land called Batts Grave or island certain hogs hath put whereby the plantifs corne thereon planted and growing hath been eaten up and destroyed whereby he is damnifyed y® sume of five pounds and the s d Benjamin LaKar by his attorney Capt Henderson Walker saith that Jno Gibs esq r had right to a parcel of land upon the COLONIAL RECORDS. 415 s d island by labour thereon done and that M r Edw. Mayo attorney of the s d Jno. Gibs hath assigned unto the s d Benjamin Lakar all the right and title of the s d Jn° Gibs in and to the s d p r cell of land upon the s d island whereon it was just and lawfull for the s d LaKar to put his hogs and that the plantif had not a good and lawfull fence about his s d corne and this he desires 'may be inquired of by the country wherefore the Marshall is required to cause to come here twelve true and lawfull men of the vicin- age and who to neither partys are anywise related by whom the truth of the matter may be found who being impanelled and sworne viz Thomas Garrett foreman Wm Gascoigne, Jno Twegger, Wm Bournsby, ffrancis Penrice Geo Mathews, James Thigpen, Tho. Stephens, Jn° Holford Jno Previt, Jn° Lilly Robert Moline sav upon their oaths we finde noe cans of action Ordered that the sute be dismissed and that the said James ffewox pay costs Anne Stuart Sen 1 ' proveth 6 rights viz four negroes one English serv 1 and Yirgill Simons. Upon petieon of Mr Rich Plater a letter of Attorney from M r Sam 1 Shrimpton of New England to y e s d Rich Plater proved by the Oaths of M r John Blaney and Willm Jarvis Ordered to be recorded John Tweger Wm Lacy Tho. Stephens Nicholas Symons sworne evi- dences for the plantif in a plea of defamacon between Stephen Manwar- iug plantif and M r Robert Wilson Defend 1 now depending Adjourned untill one of the clock afternoon September y® 27 th afternoon The Court Meet prsnt qq 1(? jq on ri’io Thomas Harvey esq r Dep tv Govern 1, Dan 1 Akehurst esq r Seer* ffrancis Tomes Benjamin LaKar Sam 1 Swann Coll Thomas Pollock esq r I/ 3 Dcp tvs Capt Anthony Dawson & M r John Durant assis- tants. Patrick Henly bound over to answer Willm Bournsby upon an appeal from a judgment given ag st him the s li Bournsby in the Court of the pre- cinct of Pascotank. It appearing to the Cout that the s d judgem 1 be given upon a verdict of Jury the causes assigned by the s d Bournsby are insufficient for the appeal Ordered that the ten pounds adjudged by the precinct Court to be paid unto the s d Henley by the s d Bournsby be confirmed And the s d Bournsby appeals to their Lordsships Court of Chancery. COLONIAL RECORDS. 41(5 Ordered that the s' 1 Patrick Henley be sumoned to appear at their Lord ,p * Court of Chancery to be hohlen on Thursday the twenty ninth of November next to answer the appeal of the s' 1 Wm Bournsby the s d Bournsby giveing security to prosecute the same. W m Bray sworne Dep*' Marshall Nicholas Symons crave judgem* for his lawful! allowance for three (laves attendance and a day eomeing and a day gocing being sumoned to give his evidence for Stephen M.an waring in an action ag** M r Robert Wilson Ordered that the s d Stephen Manwaring pay unto the s' 1 Nicholas Sy- mons y e sume of ten shillings and ten pence. Robert Beasley sumoned to answer Stephen Manwaring in a plea of the case and the s d Manwaring came and saith that the s d Beasley refuseth to p r forme a contract and assumption by him made for the sawing w* 1 ' the s d Manwaring or his serv* five thousand five hundred foot of planke for the use of the s d Manwaring upon consideration three thou- sand five hundred pounds of tobacco w ch was due from the s d Robert Beasley to y° s d Stephen Manwaring. But y e s d Robert Beasley making it appear that the s d action of the case now brought by the s' 1 Manwaring hath alreddy been tryed by the Country in several Cor ,s and found for the Defend* Ordered that it be dismissed and y* the s d Stephen Manwaring pay costs. George Harris sworne Deputy Marshall Richard Bentley craves judgment for allowance according to law for his attending upon this Court one day and a day eomeing and day goe- ing being sumoned by John Bentley to give his evidence in an action be- tween Cornelius Lerry and v e s d John Bentley Ordered that the s d John Bentley pay unto y e s d Richard Bentley y e sume of five shills and ten pence Wm Bentley craves judgem* for allowance according to law for attend- ing upon this Court one day and a day eomeing and a day goeing being sumoned by Jn° Bentley to give evidence in an action between Cornelius Lerry and the s d Jn° Bentley Ordered that the s d John Bentley pay unto the s d Wm Bentley y e sume of five shillings and ten pence Jonathan Ashford Craves judgement for allowance according to law for his attendance on this court one dav and a day eomeing and a day goeing being sumoned bv Jno Bentley to give evidence in an action between Cornelius Lerry and the s d John Bentley Ordered that y e s d John Bentley pay unto ye sd Jonathan Ashford y e sume of five shillings and ten pence COLONIA L R EC( )RDS. 417 Jno Mason bound over to appear at this Court to answer \\ fn Bournsby in an appeal from judgment given upon a verdict of Jury in Pascotank Court against tlie s d Wm Bournsby and the s d John Mason appeareth by Mr Manwaring his attorney and the s d Bournsby by Capt Henderson Walker his attorney And the Court will hereof advice Peter Grey sworne Deputy Marshall Wm Lacy jnn craves judgem* for Ids allowance according to law for his attending two ds upon this Court and a day and a day goeing being sumoned by Mr Stephen Manwaring to give evidence for the s d Manwar- ing in action between the s d Stephen Manwaring and Mr Robert Wilson. Ordered that the s d Stephen Manwaring pay unto y® s d W m Lacy the sume of eight shillings and four pence Joan Vos Craves judgrn* for Lawfull allowance for her attending upon this Court two days and day coming and day goeing being sumoned to give evidence for Mr Robert Wilson in an action between y® s d Robert Wil- son and Stephen Manwaring Order d that y e s d Robert Wilson pay unto the s d Joan Vos the sume of eight shills and four pence W m Vos craves judgin' for allowance according to law for his attend- ance upon this Court two dayes and a day comeing and a day goeing being sumoned to give evidence in an action between Robert Wilson and Stephen Manwaring Ordered that the s d Stephen Manwaring pay unto the s d W m »s v° sume of eight shillings and four pence Patrick Keniday Craves judgem 4 for allowance* according to law for his attendance upon this Court two days and a day coming and a day goeing being sumoned to give evidence for Stephen Manwaring in an action between the s d Stephen Manwaring and M r Robert Wilson Ordered that the s d Stephen Manwaring pay unto the s d Patrick Keni- day the sume Eight shill A four pence. Patrick Keniday craves judgin' for allowance according to law for his attendance upon this Court two Days being sumoned to give evidence for Robert Wilson in an action between the s d Wilson and the s d Man- waring Ordered accordingly John Ilolford craves judgin* for allowance according to law for attend- ing this court as an evidence for Tho. Ilassold ag* Thomas White and Diana his wife three days and day coming and day goeing. Ordered that the s d Thomas Hassold pay unto the s d John Holford y® sume of ten shills and ten pence 49 COLONIAL RECORDS. 418 Thomas Stephens Craves allowance; according to law for his attend- ing of this Court as an evidence for Stephen Manwaring ag‘ Robert Wilson two days and day coining and day goeing Ordered that the s d Stephen Manwaring pay unto the the s d Thomas Stephens eight shillings and four pence Eliz Mowbery craves allowance for her attendance as an evidence for Patrick Henley ag st W m Bournsby four days and a day eomeing and a day goeing Ordered that the s d Patrick Henley pay unto the s d Elizabeth Mow- bery y 8 sume of thirtee shills, and four pence Jn° Twegger craves allowance for attending this Court being an evi- dence for Stephen Manwaring against Robert Wilson four days and a day eomeing and a day goeing Ordered that the said Stephen Manwaring pay unto y* Jn° Tweger the sum of thirteen shillings and four pence. Jn° Twegger craves allowance for his attendance being an evidence for The Hassold ag st Thomas White and Diana his wife three days and a day eomeing and a day goeing Ordered that the s d Thomas Hossold pay unto the s d Jn° Twegger the same of ten shill 8 and ten pence James ffewox proveth his right to one hundred acres of land by impor- tation of Richard Bachelor & Jn° Haswell Jn° Symons proveth his right to fifty acres of land by the importation of himself. Court adjourned untill September the 28 September y c 28 1694 forenoon I V nt Dan 1 Akehurst esq r See r ffrancis Tomes Ben. Dakar Maj r Sam 1 Swann Coll Thomas Pollock esq 1 Lords Deputys Capt Anthony Dawson assistant Wm Lacy Sen r Craves allowance for his attendance being an evidence for Stephen Manwaring ag 8t Robert Wilson two ds and day eomeing and (lav goeing Ordered that the s d Stephen Manwaring pay unto the s d Wm Lacv eight shills and four pence M r Edward Mayo craves allowance for his attendance being an evi- dence for Thomas Hassold in his action against Thomas White and Diana his wife three (laves and a day eomeing and goeing Ordered that the s d Thomas Hassold pay unto the s d Edward Mayo the sume of ten shills and ten pence COLONIAL RECORDS. 419 Timothy Pead and diaries Thomas bound over upon information of Mathias Towler to answer their contempt in taking away a whale from him the s' 1 Mathias Towler he having a Lycence from the Hon bIe Gov- ernor for whaling. It sufficiently appears to the court that the s d Timo- thy Pead and Charles Tho did not in any wise shew any contempt of authority Ordered that the s d Timothy Pead and Charles Thomas be discharged Present M r Jn° Durant assistant Mathias Towler bound over by order of Couratnek Court bearing date the twenty third day of April last for feloniously taking of eight Bar- rels belonging to Timothy Pead. It appearing by the oath of An Ros y* she y® s d An Ros to whom the Barrel Is did then belong gave her con- sent that the s d Mathias Towler should have the Barrel 1 pay her for them and that her consent was given to y® s d Towler for the s d Barrells before any agreem 4 was made w th the s d Timothy Pead concerning them Ordered that the s d Mathias Towler be discharged. Charles Thomas by his petition sheweth that he the s d Charles Thomas had done ten dayes worke upon the whale w ch afterwards Mathias "fow- ler tooke from Timothy Pead and Company w oh he proveth bv the oath of An Ros. Ordered that Mathias Towler pay unto the s d Charles Thomas for his labour done upon the whale ten shillings and upon assign m 4 of Timothy Pead two shillings and six pence due to the s d Pead for his labour in and about the s d whale with costs of this p r sent Order Anne Ros humbly sheweth that she the s d Ros w th the assistance of some of her owne family tryed up three Harrell of oyle out of tin* whale w oh Mathias Towler afterwards took from timothy Pead and their company and that slice did other labour about the s d whale And that Mathias Towler had by her consent and upon promis of pay seven barrells for all w ch she praveth judgem* Ordered that Mathias Towler pay unto the s d Anne Ros the sunn* of fifty one shillings and three pence w th cost of this order Edward Sup craveth allowance for attendance being an evidence for Sarah Johnson against Jn° Hopkins two day and a day coming and a day goegoeing. Capt. Anthony Dawson humbly praying that Willm Bentley mav make appear his title to the land called Ilawtry Neck upon eonsid- eraeon of the whole matter Ordered that Cap 1 Dawson have the land lying on the head of Ben Dakar est| r his land according to the entry made by Capt. Anthony Daw- son 420 COLONIAL RECORDS. Leonard Loften proveth rights for himself and Eli/ his wife. Richard Bentley by his attorney Cap* Henderson Walker shewing that the action brought by Corne. Lorry ag Bt the s d Bently was not actionable by law Immblv craves a hearing in Chancery Ordered that that the s d Lerry be sumoned to appear at the Court Chan- cery to be holden the twenty ninth day of November next to answer the premises and the s d Rich. Bentley give good security for prosecution. John Mason acknowledged a bill of sale for twenty four head of cattle to Robert Kitehing John Mason aeknowledgeth his and Sarah his wife their assignem* of a bill of sale made to the s d Jn° Mason by Jn° Don of a certain planta- tion in the p r cinct of Couratuck lying next to Whitts Island unto the s d Robert Kitehing. Upon Petition of Jonathan Bateman shewing that he haveing maried the Relic* of Lawrence Arnold deceased hath paid several 1 debts of the s d Arnold and the executor of the last will of the s d Arnold being under age he humbly prayeth that he may be be reimbursed the s d debts w th his charges It appearing that noe probat hath been given of the s d Will Ordered that a probat be given of the last will of the s d Arnold to v e Execute 1 by the s d Will appointed and forasmuch as the executor is un- der age Jonathan Bateman his guardian shall in his behalfe Execute the s d Will Sarah Mason wife of Jno Mason aeknowledgeth her free and voluntary assent to the assignment of John Dons bill of sale unto Robert Kitch- ing The Court adjourned untill two of clock Septemb* 28 After noon P r sent Dan 1 Akehurst esq r Secre* ffrancis Tomes Benjamin Lakar Maj r Sam 1 Swann Coll Thomas Pollock esq r Lords Deptys Cap* Anthony Dawson M r Jn° Durant assistants Jn° Previt proves his right three hundred acres of land bv the impor- tation of Jn° Previt twice transported An his wife Philip Warde Jn° Pre- vit Ju r Mary Previt Maj r Sam 1 Swann proveth his right to six hundred and fifty acres of land by the importation of Sam 1 Swann, Sarah Swann, Win, Sam, Sam- son, Henry and Thomas Swann, Eli/ Hunt, Tom, Mary, Hanah Eli/ and Jane Serv* 3 Jn° and Sarah Mason craves allowance for their attendance being evi- deuces for Patrick Henley against Wm Bournsbv each four d s and day comeing and day goeing. COLONIAL RECORDS. 421 Ordered that the s d Patrick Henley pay unto the s d Jno. Mason and Sarah his wife the sume of twenty six shill 8 and eight pence P r sn fc y® Hon ebl Thomas Harvey Dep ty Govern 1, Mrs Anne Durant shewing that two of the apprisors appointed to ap- prise the estate of M r George Durant dec d are bv departure or sickness disabled. Craves that other may be appointed in their stead. Ordered that M r Jn° West M r -In" Whitby Jonathan Bateman and Tho. Hassold or any three of them being sworne before M r Jn° Godfrey shall apprise the s d estate M r ffoster Jervis era vet h a division to be made of the estate of Thomas Jervis esq r dec sd that the s d ffoster Jervis may have his part separate. And M r Charles Neal in behalf of Dorcas Daughter of y® s d Charles Neal and Dorkas his wife who was daughter of the s d Thomas Jervis humbly prayeth that the part or portion belonging to the s d Dorcas Neal out of her grandfather y® s d Thomas Jervis his estate* may be delivered to y® s d Charles Neal in behalf of his s d daughter Ordered that M r W ,n Allen M r Thomas Yandermulen and Rich. San- derson ju r or any two of them shall make devision of the estate of the s d Thomas Jervis and that tlx* s d ffoster Jervis have his part or portion of the s d estate and that the parte or portion of thes d estate belonging to y® aforementioned Dorkas Neal be delivered unto tin* s d Charles Neal he giving security before the p r einct Co rt of Couratuck for the same An Ros craveth allowance for her attendance (being an evidence for Mathias Towler) four days and two days coming and two dayes goeing. Ordered that the s d Mathias Towler pay unto v® s d An Ros sixteen shillings and eight pence Thomas Tull shewing that in y® year 1689 he the said Thomas Pull obtained a nonsute against Jno. Gibbs esq r for w oh noe satisfaction hath hitherto been made for his costs and charges therein. The matter at the request of the s d Thomas 'Pull and of M r Edw Mayo attorney of the Jn° Gibbs being referred to the Cour* Ordered that the s ' 1 Edward Mayo as attorney of y® s d Jn° Gibs pay unto the s d Tho. 'Pull the sume of five pounds w th costs of this p r sent Judgcm 1 in satisfaction for all the costs and charges of tin* s d Nonsute. Peter Grey craves allowance for his attendance one day being Evidence for Mr. Robert Wilson in an action against Stephen Manwaring Ordered that the s d Robert Wilson pay unto Peter Grey the sum of thirty pence Peter Grev craves allowance for one days attendance being an evidence for Stephen Manwaring against M r Robert Wilson COLONIAL RECORDS. 422 Ordered that the s d Stephen Manwaring pay unto Peter Grey thirty pence Peter Grey craves allowance for one d" attendance being evidence for Stephen Manwaring against Robert Beasley. Ordered that Stephen Manwaring pay unto the s d Peter Grey thirty pence IN CHANCERY Thomas Gillam and Sarah his wife sumoned to answer M r Edward Smith wike and Jn° Smith wike tnid they came and Edward Smithwike by Cap 1 Walker their attorney pray that the judgem 4 obtained against them the s d Edw Smithwike and Jn° Smithwike at the sute of Thomas Gillam and Sarah his wife in an action of trcspas at the Comon law may be re- versed and they unto their possession may be restored for and because the plantation and dwelling house wherein the s d trespas was pretended to be comitted is upon the land formerly survey and laid out for Mr Hugh Smithick y® Orato 8 father as by the survey returned bv the Hon rhl Major Sam 1 Swann doth appear and alsoe craves that they may have a patent for the s d land according to the s d survey And they further prove that noe force hath been by the p r sn l Orators used for the gaining of their lawfull possession but that the entry whereon the s d action at Comon law against them was brought was a peaeible and lawfull entry by the Oathes of Mr Nicholas Chrisp and William Charleton upon consideration of the whole matter and hearing of all v e partys Decreed that the right and title of the s d land is in y e s d M r Edward Smith- wike and .Jn° Smithwike and that the order of Court obtained against the s d Edward Smithwike and Jno Smithwike at y'sute of the s d Thomas and Sarah Gillam be reversed and it is hereby reversed and y 4 the Pro- vost Marshall or deputy shall put and restore y® s d Edward Smithwike and Jno Smithwike into their lawfull possession in and upon the planta- tion where the s d Thomas Gillam now livetli upon the first day of Janu- ary next untill w ch time the s d Thomas Gillam and Sarah Gillam shall have liberty peacibly to remove all their goods and chattels and crop of corne of & from the s d plantation Making noe wast And that the s d Ed- ward Smithwike and Jno Smithwike shall pay unto the s d Thomas and Sarah Gillam v® sum of five pounds in porke in consideracon of the building and other improvement upon the s d Plantation by them done and the s d Thomas and Sarah Gillam shall pay cost of sute. Sarah Johnson sumoned to answer Jn° Hopkins and she came and by her attorney Maj r Alex Lillington humbly moveth that she may have time till the next Court for preparing and bringing in her answer and the s d Jn° Hopkins by his attorney Cap 4 Henderson Walker moveth that COLONIAL RECORDS. 423 evidences by them sommoned mav be sworne And in p r sence of both partys y® affidavit of An Ward is taken for the s d Jn° Hopkins and the affidavit of Edward Sap is taken for the s d Sarah Johnson and the fur- ther hearing referred until y° Court of Chancery to be held upon the 29 th day of November next Adjourned untill Saturday the 29 th day Saturday September y e 29 th 1 (>9 4 P r snt The Hon ebl Thomas Harvey csq r Deputy Govern 1 Dan 1 Ake- hurst esq r Sec rt Francis Tomes Benj. Dakar Maj r Sam 1 Swann Coll Tho Pollock esq r Ld 8 Deputys Cap 1 Anthony Dawson M r Jn° Durant assist- ants Henry Palin craves allowance for his attendance being an evidence for Wifi Bournsby ag st Patrick Henley six days and day coming and day goeing Ordered that the s d Win Bournsby pay unto the s d Ilenry Palin eigh- teen shills and four pence. Henry Palin craves allowance for his attendance for Win Bournsby ag 8t Mason three days Ordered that Wm Bournsby pay unto ve® s d Henry Palin seven shills and six pence. John Wilson craves allowance for attendance an evidence for Wm Collings ag 8t Mary Lamb three (hives and a day coming and day goeing — Ordered that the s' 1 Wm Collings pay unto the s d John Wilson ten shill and ten pence Adjourned until I the Last Monday in November being v e 24 th of November 1 (>94 THOMAS HARVEY DANIEL A K EH l J RSI BENJAMIN DAKAR THOMAS POLLOCK SAMUEL SWANN FFRANCIS TOMES ANTHONY DAWSON JOHN DURANT GEN 911 COURT HOLDEN WHITE Y 26 th AT THE HOUSE OF THOMAS DAY OF NOVEMBER Present The Hon' ble Thomas Harvey esq r Dep ty Govern The Hon ebIe Dan 1 Akehurst tfrancis Toomes Benjamin Dakar Sam 1 Swann Coll Tho. Pollock esq r Ld 8 Deputys M r Robert Wallis assistant The Court meet and adjournne untill y® 27 th instant 7 of y® clock COLONIAL RECORDS. November y® 27"' ('forenoon Presi^ y* Honerble Thomas Harvey csq r D Gove* The Hon ebl ® Dan 1 Akelmrst ffraneis Pomes Benjamin Dakar Maj r Sam 1 Swann Col Thomas Pollock es<| r L ds Deputys M r Wffi Duekenfield M r Robert Wallis assist- ants The Court meet and y® Members above named take y® oath under- written The forme of the Oath You shall doe equal 1 Right toy® poor and rich after your Cuning wilt & Power you shall not be of Councell of any quarrell hanging before you The Oath of the Grand Jury You shall as foreman of the Grand Jury of Inquest of the Body of this County deligently to Inquire into and true presentin' make of all such matters as shall be given you in charge. Their Majesties Couneel your owne and your fellows you shall faithfully keep. You shall p r sent none for malice hatred or revenge you shall leave none imp'sented for pity fear Love favour or affection. You shall take or be in Expectation of receiving noe gift bribe or reward but you shall in all things present the truth the whole truth and nothing by the truth according to yo r knowledge Soe help you God The Attorney Gen lls Oath You shall swear as their Majesties Attorney Gen® 11 w‘ h this Govern)' truelv and faithfully to Execute the s d Office to y® best of v r Witt Cun- ing and power soe long as you shall continue in the s d Office Soe help you God M r John Porter Ju r sworne Attorney Gen" Order d y' y® Attorney Gen" forme an Indictment on their Majesties Behalf against M r John Philpot Alexander Lillington attor of M r John Wright of Virginia comes to prosecute his sute against Thomas Hawkins of this County in a plea of Debt referred from the last Gen" Court and the s' 1 Thomas Hawkins came not and the s d Alex Lillington craves Judgin' ag s * Cap' Henderson Walker for the s d debt bv vertue of of an order passed y® last Court upon an assumption made by the s d Henderson Walker for the s d Thomas Hawkins’s appearance at this Crt to answer the s d sute and for as much as the s d Thomas Hawkins appeared not either bv himself or his lawfull attorney COLONIAL RECORDS. 425 Order'* that y® s d Capt Henderson Walker pay unto y e said Alexander Lillington attorney of y® s d John Wright y® sume of sixty three pounds fourteen shillings according to Specialty \v th costs of sute als Execution And the s d Henderson Walker craves that further proceedings in the aboves d sute may be stayed untill an hearing of the matter be had in their Ld sps Court of Chancery to be held y e day of ffebruary next, and the s d Henderson Walker for himselfe and Coll Win Wilkison on y® s d Henderson Walker’s behalfe undertake and assume upon their selves joyntlv and severally in the penall sume of one hundred twenty seven pounds eight shills to be levyed of their goods and chattels to y® use of the s d Alex Lillington Attorney of the s d John Wright for y e s d Hender- son Walkers appearance at their Lordships Court of Chancery to be holden y® day and moneth afores d to prosecute y® s d appeal Dan 1 Philips take y® Oath of Deputy Marshall of this County. John Hopkins by his attorney Capt Henderson Walker comes to pros- ecute his attach m‘ against y® estate of Win Spragg. And y® Provost Marshall returnes attached on y® behalfe of y® s d John Hopkins six sheep one p of stilliards and one loom one Cow and yearling one cow and calfe w th what ever of the estate of the s d Wm Sprag is in y® possession of Christopher Butler and three pounds five shillings in the hands of Lawrence Mesell and y® s d John Hopkins saith y‘ y® s d Wm Sprag is justly indebted to him the s d Hopkins y® sume of fourteen hundred pounds of Merchantable Porke for and in consideration of fourteen sheep sould by the said John Hopkins to y® s d Wm Sprag and further saith y* upon demand of y® s d Debt made by y® s d John Hopkins the s d Wm Sprag willingly tendered y® s d sheep unto y® said John Hopkins for sat- isfaction of the s d Debt of fourteen hundred pounds of porke but that Christopher Butler by fJswation prevented the same and in short time after w oh designe and purpose y® s d John Hopkins of his just debt to defraud purchased all the estate of tin* s d Wm Sprag. And the said Christopher Butler by Stephen Manwaring his attorney conies and de- fends v® sute and saith y‘ judgenf of y® goods attached he ought not to have for and y* y® s d Butler had lawfully purchased all the goods and chattels of y® s d Wm Sprag and this lie desireth may be inquired of bv the Country and the s d Hopkins likewise, t herefore the Marshall is required that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the ptys are any ways related by whom 50 COLONIAL RECORDS. 426 the truth of the matter may sworne !)(• tryed who Namely accordingly impanelled and "John Stepney forem" M r James ffisher M r Tho I lorton M r Dan 1 Snooke M r I sack Wilson M r Robert Beasley M r George Dear M r Geo. Mathews M r Robert Moline M r Rich Cheston M l Jenkins Williams M r Henry Norman say upon their Oath we finde for the Plantife Evidences sworne for Plantif Arthure Carleton, James ffisher Coll W m Wilkison, Maj r Alexand r Lillington ffor defend 4 Wm Charleton and Arthure Carleton Ordered that the Marshall make paym 4 of the s d sume of fourteen hun- dred pounds of porke unto y® s d John Hopkins of y® goods attached being apprised according to law w th costs of sute A y® overplus if any be to returne to the said Christopher Butler. And the s d Christopher Butler craves that further proceedings in y® jfmisses be stayed untill full hearing of v® whole matter be had at the next Court of Chancery to be holden for this Goverm 4 And M T Stephen Manwaring on behalfe of y® s d Christopher Butler and y e s d Butler in his owne behalfe assume upon themselves in the penal 1 sum of twenty eight hundred pounds of Merchatable porke jointly or severally to be levyed on their goods and chattels to y® use of y® s d John Hopkins if y® s d Butler shall make default in the prosecution of his said appeal Coll Wm Wilkison having been bound over for his appearance at this court and his good behaviour in the mean time makes his personal] ap- pearance and the Court haveing considered v e complaint made ag st him Ordered that the s d Coll Willrn Wilkison give good and sufficient surety for his good abearing towards their majesties and towards his Excel! the Palatine and rest of the true and absolute Lds proprietors and inhabi- tants of this County for and dureing one whole year and one day. And the said Wm Wilkison acknowledged himselfe to be firmly held and bound in the penall sum of one hundred pounds and Mr Thomas Blount of this County of Albemarle under takes on v® behalfe of y® s d Wm Wilkison in y® sum of fifty pounds to be j >a i d to his Excel the Palatine and rest of y e true and absolute Lords proprietors their heirs and suc- cessors w ch s d sevearall sums they doe acknowledge to be levyed on their COLONIAL RECORDS. 427 goods and chattels to y® use afores 4 if v® s d Wm Wilkison shall be defi- cient in the above written order. Wm Bundy acknowledged his bill of sale to Timothy Clear of a tract of land situate in Pequimons Prec 1 between v® lands late of Joshua Scot and the lands called comonly Finckley Andrew Ross proves by y® Evidence whose names are thereunto sub- scribed his Letter of Attorney from Robert Scott. ( )rdered to be Recorded. A letter of Attorney from Mary wife of Lawrence Mage 0 to Andrew Ros proved by y® Evidence thereunto subscribed Ord d to be Recorded A letter of attorney from John Keeton to Major Alex Lillington proved by y® Evidences and ordered to be Recorded A Letter of Attorney from James Alexander to Major Alexander Lilling proved by the Evidences and ordered to be Recorded The Grand Jury sworne Namely The Court adjourned untill five of Clock The Court Meet Pres nt The Hon® bI Thomas Harvey esq r Dep ty Govern r The Hon ebl Dan 1 Akehurst tfrancis Tomes, Benj Lakar, Sam 1 Swann Coll Thomas Pollock esq r Ld" Deputvs Wm Duckenfield and M r Robert Wal- lis assistants Mad " 1 Susanah Heart ley Executrx ol‘ the last Will andtes- tam* of Col tfrancis lleartley deceased arrested to answer y® Plaint of Patrick Henley in a plea of Case And y® said Patrick Henley comes and saith that y® defend 1 is indebted to him by ace 1 contracted by y® s d tfran- cis Heartley in Ids life time y® sum of twelve pounds and the Defend 4 by Cap 1 Henderson W alker her attorney defends the sute and craves oyer of y® s d ace 1 w oh being read she further saith that satisfaction of and for y® s d ace 1 hath alreddy been made and this she desireth may be inquired of bv the Country and the s d Henley likewise and the Marshall is eomanded y' he cause to come here twelve true and lawful] men of y® vicinage and who to neither of y® partys are related by whom the truth of the matter may be found who accordingly impanelled and sworne November y® 27 th five of v® Clock Namelv John Stepney Sav upon their Oath We finde noe cause of Action Isaac Rowden Janes Farloe tfrancis M ade John Hopkins Evidences fur defend 1 . Robert Wilson -Jurv riv . 1 . .. f\\ Timothy Clear James Wisher Isaac M i Ison Robert Moline Ordered that y® sute be dismissed and that the s d Henley pay costs of sute. Thomas Lepper ^Jolin Alford 128 COLONIAL RECORDS. John Stepney comes to prosecute lii.s attachment of one steer y* estate of Win Sprag by Reference from the last Court at \v cb Court In; had made his debt appeal' to be twenty six shillings*by Bill And Chris- topher Butler comes and sath that judgm* of y® chattel 1 attached he ought not to have for and that y® s d chattel 1 is by purchase from y* s d Win Sprag his y® s d Butlers proper goods and this hedesireth may be inquired of by the Country and the s d Stepney likewise. Wherefor the Marshall is required that he cause to come here twelve true and lawfull men and who to neither partys are any wayes related by whom the truth of the matter may be found who being impanelled and sworne viz Say upon their oath We finde for the plantif with Costs Isaak Wilson Tho Lepper Robert Moline Rich Madren John Halford Isaak Rowden James ffarloe f frail eis Warde (Jury^ Robert Wilson Ralph ffleteher James ffisher Timothy Clare Ordered that y® Marshall make pay in 1 of v® s d Steer apprised according to law unto the s d John Stepney for y® defraying of y® s d sume w th costs of sute and y® overplus if any be to returne to the s d Christopher Butler And the s d Butler crave hearing hereof to to be hail at y® next Court of Chancery and in the mean time all proceedings at comon law be stayed and George Mathews on y® behalf of y® s d Christopher Butler surety for y® prosecution Stephen Manwaring comes to prosecute his sute upon a reference from the last Court in a plea of defamacon against M r Robert Wilson and y® s d Wilson by M r John Porter Ju r his attorney comes and saith that y® s d action against y® s d Robert Wilson ought not to be had for and because the same action had before been brought by v® s d Stephen Manwaring ag st y® defend 1 and upon try all by the Country was found for the defendt Order 4 y* y® sute be dismissed and y* y® s d Stephen Manwaring pay costs Adjourned untill y® 28 th of Instant 7 of the clock in the morning: November y® 28 th Forenoon Court meet Presn 1 The Hon eb,e Thomas Harvey esq r Dep tv Govern 1, The Hon bl Dan 1 Akehurst ffrancis Tomes Benj Lakar Maj Sam 1 Swann Coll Tho Pollock esq r L ds Deputys M r Will Duckenfield M r Robert Wallis assistants The list of titliables being brought in and being in number seven him- © ~ © dred eighty seven. By vertue of an order of Assembly impowering this COLON I AL R ECORDS. 429 Court to lay y® sume of one hundred and ninety five pounds eleven shil- lings and ten pence upon the tithables now brought in ordered that for the defraying y® s d Charge of one hundred ninety five pounds eleven shillings and ten pence the Collector Major Alexander Lillington or his deputy or deputys levy by distress upon y® s d Seven hundred Eighty seven tithable y® sum of five shillings pole and that he make paynf thereof to the severall ^sons to whom it is due And that he pay unto M r Edward Smithwike forty shillings and M r Robert Beasley twenty shillings for their severall journeys into Virginia to y® Rt Hon ebl Govern r Ludwell on y® Country service out of the forty pounds advanced towards publick buildings. And that alsoe v® s d Collector or his deputy or deputys be and are Hereby Impowered to make distrust for his just arrears of his last veares collection for w ch he hath not alreddy taken Bill Mr ffrancis Tomes, dissents Robert Wilson comes to prosecute his action of trespas of the case against Stephen Manwaring referred the last Court that by y® survey thereof or- dered to be returned to this Court it might plainly appear where the tres- pas lay And y® survey of v® land of y® s d Stephen Manwaring according to v® s d order being returned it doth appear that v* land and plantacon whereon the s d Robert Wilson had complained v® s d trespas to have been by the s d Manwaring comitted was w th in the bonds of y® s d Manwarings proper land Ordered that y® s d sute be dismissed and that the s d Rober Wilson pav costs of suite. 'fhe estate of Nathan 1 Bell of Bermuda attached in the custody of M r Joseph Comander to answer the plaint of M r Willm Duckenficld and the s d Wm Duckenficld came and saith v‘ y® s d Nathan' Bell is justly In- debted unto the s d Wm Duckenfield bv an acc‘ y® sume of six pounds fourteen shillings w oh he proves by his owne oath and the oath of Hana- ball Haskins. Ordeml that paym* be made unto v® s d Wm Duckenfield of v® s d sum of six pounds fourteen shill w th costs of Sute out of v® estate attached as a fores 4 als Execution The Marshall being comanded to attached soe much of y® Goods and Chattells of Joshua Lamb deceased as would satisfy v® sum of fifteen pounds in porke w th cost of sute recovered of Mary Lamb Administra- trix of y® Goods and Chattells of the said Joshua Lamb at y® sute of Wifi Collins y® Marshall makes returne of v® s ' 1 Writt y* there was not goods or chattells to be found COLONIAL RECORDS. 430 Ordered that a writt of Elicit he granted to the ,s d Wm Codings as well ag 8t all goods and Chattel Is of the s d Joshua Lamb as ag' 4 one half of all his lands and tenem 4 ® within this Govern) 1 Wm Heneock arrested to answer Janies tfarloe in a plea of the ease and y* s d James ffarloe came and saith that the s d Wm Heneock uiito y* plantif one mare hath sould w th warranty from all Ijpsons and claimes w ch s d Mare out of the possession of y® plan 1 hath since been taken claimed and held contrary to y* intent and meaning of the s d sale and the s d Heneock by Hanaball Haskins his attor. saith that y e plan 4 ye s d action against him ought not to have for and that y® s d mare out of the plantifs jiossession as he hath alleged hath not been taken and detained and this he Casteth upon the Country and the Plantif by M r Edward Smithwike his attorney likewise and y® Marshall is comanded that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys any way are related by whom the truth of the matter may be tryed who Impanelled and Sworne viz John Mason Thomas Lepper ffrancis Ward John Hopkins Timothy Clear James ffisher Isaak W ilson, Rich Madren, George Mathews Robert Moline George Dear John Halford say upon their oath we find no cause of action. Ordered y, 4 it be dismissed and y® plantif pay costs Mad m Susanah Heartley sumoned to render an acet 4 of y® estate of Thomas Slaughter and she came and bv Hanaball Haskins her attorney saith that M r W ill Gascoigne part of the estate of the s d Slaughtei' in his hand yet detaineth and y® s d Gascoigne upon his oath declares y 4 he in his possession any part of y® estate afores d hath not except one little trunck w ch he had formerly given to his daughter thes d Thomas Slaugh- ter’s wife and the s d Hanaball Haskins upon his Oath p'sents an inven- tory of v® s d Slaughters estate Ord d that James tfarloe pay unto James Pollock and Dan 1 Halsey each allowance according to law for each three days attend 06 being sum as evi- dences in his sute ag st Heneock and each two days coming and two ds goeing Ordered y 4 M r Wm Duekenfield pay unto Hanaball Haskins an evi- dence in his plea ag st B<‘11 y® sume of Eight shills and four pence for two days atten. & day coming & day goeing The Jurors for our Soveraigne L d and Lady y* King and Queen p r seut y 4 John Philpon of the p r c 4 of Pasquotank in the County of Albemarle did at or about y® 14 th day of September 1<3!)4 at the house of Major Alexander Lillington in the p*ct of pequimons in the county afores d ad- visedly maliciously and devilishly in the p r of divers flfsons utter and COLONIAL RECORDS. 431 declare these words following saying God dam king M illfn and alsoc al y® afores d time and place did utter himselfe further saying I’le drink King James health for he is the right King and did further at the same time and place utter his secret malice ag st their Majesties for being ad- monished of w* he had said ag st their Majesties he asked w‘ he had said ijjid answer being made that he had said God Dam King William to w ch he did in most malicious manner reply Then God dam him again and ye s d Philpot did since upon his examination upon theaboves d matter before the Hon rbIe Deputy Govern r and Councell them offer to dispute ag st their p r sent Majesties right to the Crowne and for King Janie’s con- trary to the peace of our Soveraigne Lord and Lady the King and Queen their Crowne and dignity and is contrary to an act of Parlm‘ made and in that case provided y® first year of the reigne of King Edward the 6 th & 12 th Chapter. Upon w ch Indictm 4 y® s d John Philpott being arraigned pleaded Not Guilty and put himself upon his Country who impanelled and sworne viz The j u ry sai th upon their oath he is guilty. Witnesses for their Majesties Maj r Lilli ngton Timothy Pead John Tweger Mary Peterson rl ury M r Caleb Callaway M r Tho. Lepper M r James ffarloe M r ffrancis Warde M r John Hopkins M r Robert Wilson M r Timothy Clear ISP James ffisher M r Isaak Wilson M r John Stepney M r Edw. Smithwike M r Tho Blount Order v k y® s d John Philpott forfeit all his good and Chattels unto his Excel the Pala and rest of the true and absolute Lds proprietors and suffer imprisonm* of his body for and during one whole year and a dav w°'out Bail or Mainprise. And upon the humble pcticon of ve s d John Philpott and in comisera- con of his weakness and age. Ordered that v® Marshall shall cause v® goods and chattel Is of y® s d Philpott to be apprised' and a true inventory thereof to returne to y® Secretary's office and to secure in his custody soe much of the s d estate as shall he sufficient to defray the charges of his prosecution and the rest to deliver to the said Philpot he giving good security to render y® same or an ace’ thereof to y® Grand Councell whensoever lie shall be thereunto required. COLONIAL RECORDS. M2 Henry Brooks proves liis right to fifty acres of land by t lie Importa- tion of himselfe ('apt Thomas Relfe acknowledged his assignm 1 of a patent to John Jenings and Willm Rt'lfe Ordered to be recorded M r Rich Pope attached to answer Lawrence Mage 0 and Mary his wife Guardians of Wm Battle son and heir of John Battle in a plea of t res- pas of the cace and the s d Rich Pope by M r John Porter his attorney craves day till the first day of the next court Ordered that y® sute be referred unto the first day of v® next Gen" Court. Upon complaint of the Chowan Indians that they are much injured by the English seating soe near them Ordered that no more entry or settlem 1 of land be made higher then the plantations w oh are alreddv seated above the old towne Creeke and v* w‘ entries are already made and not yett settled shall be void. An attach m‘ at y® sute of Thomas W hite and Diana his wife ag 8t y* estate of John Toomy served on Thurler Otfe to give acc‘ of w l estate belonging to y® s d Toomy is in his hands and he came not. Ordered that the Marshall take into his custody y® Body of the s d Thurlo Offe and him safely to keep untill he give good surety to appear the first day of the next Gen" C rt to render ace 1 of the s d Toomys estate w oh is in his Custody. M r John Wright upon his oath attested an affidavit taken before him in verginia to prove a bill passed by James Thigpen to John Keedon of verginia for the sum of two thousand pounds of tobacco. A Letter of Attorney from John Spelman to ffrancis Hendrick proved bv y® oath of Thomas Hassold and John Tweger Ord. to be Recorded W m Collins and M rs Mary Clarke arrested to answer y® plaint of John Lear esq r and Ana his wife Executrix of the last will and testa m 1 of Seth Sothell esq r deceased in a plea of Debt and y® s d John Lear by Cap* Henderson Walker his attor. and the s d Wm Collins came and by free consent of both y® sute is referred untill y® Gen ® 1 Court to be holden y® last Monday in September next. John Dan arrested to answer ffrancis Hendrick Executor of y® last Will and testa in 6 of Edmund Chambers dec d in a plea of Debt and ye s d Hendrick came and it being made appear that y® s d John Dan by reason of sicknes was uneapable of coining it is referred to y® first day of Next Court COLONIAL RECORDS. 433 A letter of attorney from M” An Durant unto John Durant proved by the oath of George Harris Ordered to be recoi’ded M" An Durant arrested to answer Wm Curry in a plea of Case and the s d Curry came not and the s d An Durant by her attorney John Durant came and craved a nonsute. Ordered y* y® action fall and y* y® plantif pay costs. Thomas Staunton arested to answer Andrew Rosie attorney of Robert Scott in a plea of v® case and the s d Rosie Came and Saith v* the s d Thomas Staunton is indebted unto v® plantif by bond one yoke of Oxen one Mare w th her increase and one hundred and thirty pounds of Tobacco by ace* and the s d Thomas Staunt by his attorney M r John Porter saith y* of y® s d Debts by y® Plantif alleged he owetli not any part or p°ell thereof and of this he desireth the Country may inquire W herefore y* Marshall is required to cause to come here twelve true and lawfull men of the vicinage and who to neith ptv are related by whom the truth of the matter may be knowne who accordingly impanelled and sworne Win Collins Geo Mathews John Tweger Patrick Henley Dan 1 Snook Richard Chester Rich Madren viz Jonathan Bateman Tho Garrett Ralph ffletcher John Mason James Thigpen Say upon their oath W r e finde noe cause of action Ordered that it be dismissed and that the Plantif pay all costs of Sute. Barbary Midleton attorney of George Musehamp esq 1 ' arrested to an- swer Robert Moline in a plea of case and the s d Moline came and saith that y* defend* refuseth to render y® same of forty five shill well v® > d Musehamp is indebted to y® Plantif and the defend* by her attor. Capt. Henderson Walker saith that long after y® date of y* said ace* y® s d George Musehamp accounted w ,h the s d Robert Moline and tho s d Moline passed his bill to y® s d Musehamp for y® balance of their ace* being nine- teen pounds sterling bv w ch all former ace*® was outt of w oh the Court haveing considered Ordered that the > d sute be dismissed and that y® Plantif pay costs. James Thigpen arrested to answer Maj r Alexander Lillington Attor of John Keedon of Virginia and the s d Alexander Lillington saith that the s d Thigpen is indebted to y® -» d John Keedon in the sum of two thousand pounds of tobacco by bill under his hand and seal And the s d James Thigpen by Stephen Manwaring his attorney saith y* s d sum he oweth 51 t:l4 COLONIAL RECORDS. n<»t nor any parte thereof and this hedesireth May he inquired of by the Country and the s d Lillington alsoe Wherefore the Marshall is required that he cause to come here twelve true and lawful! men and who to nei- ther of the partys are related bv whom the truth of the matter may be found who accordingly impanelled and sworne viz Rich Madi •en Jona. Bateman Thomas Garrett Ralfe ffl etcher John Mason Win Collins George Mathews John Tweger Patrick Henley Dan 1 Snooke Rich Chester Nicholas Simons Say upon their oath Noe cause of Action Ordered that y® sute be dismissed and that y® Plantif pay costs. Thomas Tweddy arrested to answer Thomas White and Diana his wife in a plea of the case and upon y® s d Tweddy sicknes and y® sicknes of his fifamily it is referred till y® first day of v® next Court Depositions taken upon oath in Court at the request of Mr Robert Wilson viz Caleb Calaway Thomas Lepper Timothy Clear Nicholas Simons Robert Beasley Dan Snooke John Stepney Adjourned till v® 29 th of this Instant. November the 29 th Forenoon Court meet Present The Hon® bl Thomas Harvey esq r Dep‘ Govern 1 The Hon eb11 I)an' Akehurst fifrancis Tomes Benj. Dakar Maj Sam 1 Swann Coll Thomas Pollock L ds Deputes M r Win Duckenfield M r Robert Wal- lis Assistants fifrancis Hendrick Attorney of John Spelman acknowledgeth his as- signm‘ of a Deed of Sale to Thomas White and fifrancis Hendrick ingag- eth himselfe to deliver all v e estate of John Spelman to the s d Thomas White and the s d Thomas White assumes the paym* of all John Spelmans just debts and to bear the s d fifrancis Hendrick harmless from all sutes and charges that may or shall arise for or concerning any of v® debts of the s d Spelman Tho. White acknowledged by both ptys fifrancis X Hendrick Roger Snell acknowledges his assignem 4 of a Patent for acres of to y® land Hon® bl ® Thomas Harvey esq r and Marv his wife relinquisheth her right of dower in and to y® s d Land. L T pon peticon of Capt Thomas Relfe and Wm Relfe Ordered that the above said Thomas and Wm Relfe in behalfe of the Orphans of v® dec d have administracon of the goods and chattells of Eliz Roads dec d they COLONIAL RECORDS. 430 being nearest of kin. And that Austin Scarbrough Wm Temple Thomas Cartwright and Richard Madren or any three of them being sworne be- fore M r Robert Wallis or John Jenings apprise y® s d estate Ordered that Wm Bournsby pay unto Thomas Pendleton as an evi- dences ag 8t Patrick Henley for one days attendance and one day coming and one day goeing y® same of five shill* ten pence. Upon peticon of Wm Turner Ordered that y® s d Turner have a patent for his land surveyed bv Mr Win Duckenfield according to y* s d survey Dan 1 Halsey proveth his right to one hundred acres of land by the im- portation of himselfe and Mary his wife Adam Gambell’s Will proved by the Evidence Ordered that Thomas Symons Jeremiah Symons Wm Jackson Sen r and Henry White or any three of them being sworne bef'or M r John West shall apprise v® estate of y® s d Gam bell. Cap 1 Henderson W alker in behalfe of Tho. Hawkins assumes upon himselfe to pay unto M’ John W right the debt expressed in the condi- tion of Hawkins bond upon w oh at this court Judgin' 1 hath passed ag sl v e said Henderson W alker except w‘ can be made appear to bealreddv paid by Receipt from y® s d W T right sins y® date of the Bond in curr* money in Virginia at or before v® last of July next at y® dwelling house of y® s d John Wright and to pay y e costs of this >ute to y* clerks and Marshall and amercem*. Cap 1 Walker w th d raws his Injunction and is by the s d Wrigh dis- charged from the s d order Dan 1 Halsey proveth his right to one hundred acres of land by v® importation of John Aires and Rich. Wakefield Adjourned till y® 30 th Instant seven of clock WILLm DUCK EN FI ELD BENJAMIN LAKAR THOMAS HARVEY SAMUEL SWANN ROBERT WALLIS THOMAS POLLOCK DANIEL AKEHURST FFRANCIS TOMES Records of Court of Chancery 1694 At v® Court of Chancery hoi den for this Goverm* y® 29 th day of November M r Robert Wilson by his peticon sheweth that Stephen Manwaring had sureptitious obtained a writ of super sidias from y® Right Hon ebl y® Governor and Counsell to stop the proceedings of an execution issued against him the s d Stephen Manwaring upon a verdict of a jury found COLONIAL RECORDS. i .ii; against him in an action «»f* eject m‘ brought hv the s u Mamvaring against the s d Robert Wilson and it manifestly appearing to y* Court that the cause pretended by s d Mamvaring whereupon the supersidias vvas granted was for and because v® execution was in the name of the s d Wilson whereas y® Originall proces was not comenced against v® s d Wilson but against Humphrey Burroughs he v® s d Burroughs being y® supposed ejector. But it now appearing to the Court as well by y® Record as by evidence v* y® s d Mamvaring had voluntarily assented in Court to y® leaving out of the suppotitious names and to the prosecution of the sute in the true names of Mamvaring against Wilson w ch was the the true cause of the changing of the names and that v® cause alleged for the obtain- ing y® s d supersidias was altogether false and misrepresented Ordered Decreed that the s d supers ' 1 be null and void and it is hereby made null and void and y® s d Wilson is left to his remidy at law as if the s d supers 4 had never been granted and y® s d Man waring to pay costs of this order James Mills proves* his right to eight hund d and fifty acres of land by the Importation of James Mills, Edw Conquest, Geo Sutton and his wife Nathan 1 Sutton, Joseph Sutton, Mary Gosby Eliz Sutton, Wm Hague, Nathaniell Marker, one Neg r serv‘, James Hunds Jn° Pinck and his wife Jane Garrett, Jn° Overton Joseph Pitts. Sarah Johnson sumoned to answer y® complaint of Jn° Hopkins and the s d Hopkins bv his his Petition shew that v® s d Sarah Johnson in the pretended right of her son Lawrence Gonsolvo hath unlawfull and clan- destinely surveyed a tract of land in y* pree* of Pequimons on a creek called the Indian Creek by w ch survey she hath included y® s d Hopkins plantation and a great part of y® s d Hopkins land intending thereby y® s d Hopkins of his just right to dese. . and altogether to deprive and he humbly praveth that all process made in the premises for and towards the confirming or strengthening of y® s d Gousolvos title in and to the s d land may be reversed and made null and that the s d Hopkins may have an order for the survey of his land and plantation according to his just claime possession and title. And the s d Sarah Johnson came not. Decreed v‘ y* survey® lay out for the s d Hopkins three hundred acres of land begining at a branch near the s d Hopkins his house and goe for breadth up the Creeke and that all proceedings by the s d Johnson made in the premises to the wrong or p r judice of y® s d Hopkins just title in and to the s d land be made hereby null and void A Letter of Attorney from Rich. Bentley to Capt. Henderson Walker proved by the oath of Maj r Alexander Lillington COLONIAL RECORDS. 487 Cornelius Lerry subpeened to answer the plaint of Rich. Bentley and y® s d Bentley by his attorney saitli that at y® Gen" Court holden in Sep- tember last y® s d Lerrv vexatiously brought ag st him an action at common Law for a great sum although when y® issue whereof was trved by the Country it was found but cigiit shi lls and four pence w' h s d sum by the Laws of this Goverm 4 is not actionable he craves to be discharged from the unnecessary charges of the s d sute. And it appearing that y* charges brouglit in to rayse v® s d Lerrvs acc‘ was for necessary appar" due from v e s d Cornelius Lerry to the s d Bent lev Decreed that the s d Rich Bentley be discharged from the charges of the s d sute and that the s d Cornelius Lerry pay the s d costs as alsoe the costs of this sute. Robert Beasley sumoned to answer the plaint of Stephen Manwaring and y® s d Manwaring by Capt Walker his attorney humbly eraveth that y® s d Beasley may answer upon Oath to y® profe of an assumption of the sawing of five thousand five hundred foot of Planke for the use of the s d Manwaring and y® s d Beasley upon his subscription on penalty of '$jury saitli that true it is that y® s d Beasley did agree to helpe to saw y® Planke for his the s d Beasleys own house but as to y® sawing of planke for the use of y® s d Manwaring he absolutely denvs that ever any such agreem 4 was made between them Wherefor Decreed that the plaint be dismissed and y‘ y® s d Manwaring pay costs The action between Wm Bournsby and Patrick Henley upon certifi- cate of Bournsby’s sickness referred to y® next Court of Chancery by consent. The action between Wm Bournsby and John Mason upon certificate of Bournsbvs sickness is referred to the next Court of Chancery by con- sent. DANIEL AKEHURST THOMAS HARVEY THOMAS POLLOCK BENJAMIN LAKAR Ordered that y* Hon* bl Dan 1 Akehurst esq r be requested and hereby impowered to take acc* of w* Goods belonging to M r Robison and M r Duncombc Bermuda Merchants are in y® custody of M r John Philpott and make delivery thereof to them v* s d Robison and Duncombe THOMAS HARVEY BENJAMIN LAKAR F FRANCIS TOMES THOMAS POLLOCK 13S COLONIAL RECORDS. NOV EM BEK Y® 30 th The court meet psnt The Hon rbl Thomas Harvey esq r Depty. Govern' The Hon rbl Dan 1 Akehurst ffrancis Tomes Benjamin Dakar Maj r Sam 1 Swann Coll Thomas Pollock esq' L d “ Hep* 7 * M r Robert Wallis assistant M r W m Duckenfield assis 1 M r Stephen Manwaring craves a writt of alegit against v® estate of the Wm Chapman upon a returne of a Capias ad satisfaciendum obtained at the sute of the s ' 1 Manwaring for the some of and non est in- ventus returned Ordered that a writt of alegit be directed to v* Marshall agst. y® Goods and Chattells of v® s d ( 'liapman and one halfe of all his lands and tenm*® wherever to be in this Govermt found for the pay in 1 of the s d debt The Court haveing considered that noe rule hath hitherto been made or laid downe for the ascertaining of y® composition to be made for such lands as shall escheat to their Lordships y* Court hath thought Htt that composition shall be two pence y® acre as at p'sent it is in Virginia and that the eseheators fee be five pound and v® jury as by law in other cases is appointed until their Lordships shall -ignifyed their pleasure to the contrary. Ordered the y® Attorney Gen lls fee be fifty shills for every Indictin' Ordered that a bond brought into ( ourt by (oil Thomas Pollock made from John Goddard to M 1 John Boarland in New England being proved by y® Oaths of Sam Woodard and Arthure Workeman sworne before Capt. John Hunt be Recorded WILLm DUCK EN FI ELD ROBERT WALLIS THOMAS POLLOCK SAMUEL SWANN THOMAS HARVEY DANIEL AKEHURST FFRANCIS TOMES BENJAMIN LAKAR COLONIAL RECORDS. 1695. [B. P. R. O. Colonial Entry Book. Vol : 100. Page 350.] TO THE RIGHT HON ble THE LORDS COMMISSIONERS OF HIS MAJESTIES TREASURY PRESENTMENT BY THE COMMISSIONERS FOR MANAGING & CAUSING TO BE LEY Y Eh A COLLECTED HIS MAJESTIES CUSTOM E8 SUBSIDIES AC: The Commissioners having formerly acquainted their Lordships upon the Complaint of most of the principal! Merchants Trading to Virginia and Maryland That the Trade is in a great Measure Destroyed & Ruined by many Scotch ships trading directly from thence back to the said Places without paying his Majesties Duties. And prayed their Lordships to become a means that a Vessel 1 with a skilefull and experienced Com- mander might be appointed to cruise on the Coasts of Virginia & Mary- land and moreover that some eff'ectuall Remedy might be taken by wri- ting to the Governm* of Scotland or otherwise as to his Majesty should seem meet for preventing this great Evile tending to the Diminution of his Majesties Revenue and the Trade and Navigation of this Kingdome and M r Randolph who is employed by their Lordships as Surveyor Gen- erali on the North Coast of America having since his arrival in England laid before the Commissioners his observation made in his Travel 1 from one Colony to another with a list of several I ships which by his great skill and industry have been discovered by him to have traded between Scotland and the Plantations directly and some with false Cocquetz and Certificats which he hath likewise discovered and brought over being now under the Commissioners Examination. They do humbly lay before their Lordships a copy of the said M r Randolph’s Paper as a matter of great moment. And the Commissioners being humbly apprehensive of this growing mischief for that the trade between Scotland and the Plan- tations is now about to be more openly carried on under Colour of a law lately past in Scotland for a joint Stock to Atfriea & the Indies wherein severs 11 Merchants of England have interested themselves they humbly pray that the same may be duely considered according to the Exigencie of su Important a case and laid before Hi> Majesty in Coun- cill in order to some etfectuall Remedy for suppressing such a Trade from Scotland to the Plantations, tending so apparently to the Ruine of this COLONIAL RECORDS. 140 Principale Branch of the Revenue and the violation of the Acts of Trade & Navigation which are the only security of the Plantation Trade to and from this Kingdome J. WARD ROBERT SOUTHWELL WALTER YONGE 8AMUELL CLERK To the Hon bl# Commissioners of the Customes May it please your Honours In my Paper of Proposals to suppress the illegall trade in the Tobacco Plantations which have been carried on from thence directly to Scotland for many years I have shewn from whence it has so generally prevailed and laid down proper methods for preventing thereof for the future a copy whereof is hereunto annexed which will be effectually remedy ed if they was formed into an Act of Parliament to be passed this session and Entituled An Act for preventing Frauds and regulating Abuses in the Plantation Trade as is the Act of 14 Car 2 nd for England. And that the Commanders of His Magesties ships of Warr during their stay in the Country may be ordered to receive Instructions from this Board in what may concerne the care of the Trade and Navigation to and from those Plantations and to the aiding and assisting of the Officers of His Majesties Customes in the Execution of their Dutys. 1 now lay before your Honours an Acoompt of the present State of His Majesties Colonies and Provinces upon the North Coast of America, in relation to a Scotch Act which is lately past, in which Act under pre- tence of erecting an East I ndia ( Company in that Kingdome They do (p r 2 d ) engage themselves with great sums of money in an American Trade a trade which has already for several 1 years been carried on by Scotchmen under pretence of being Persons born within the allegiance of His Maj- esty as by the Act of. 12. Car: 2 d They claim liberty to do, and although in the Act of the 14 th of the said King only English Irish and subjects in the Plantations are to be accounted English, as to the navigating of shipps, yet they take on them to come from Scotland under the notion of Supra Cargos and Merchants and seldome fade of Counterfeit Masters. In the 4 th page they have Liberty to Plant Colonies hum- bly proposed 1 st That the south part of Carolina and all the Bahama Islands be put under His Majesties immediate authority 2 nd That North Carolina be annexed and put under the care and inspec- tion of his Majesties Governor of Virginia thereby to prevent the ship- ping off the Merchantable Tobacco growing in the Southern part of the Territorvs by the Inletts of Corrituek and Roanoak 3. That the 3 lower Counties of New Castle Kent and Sussex afore- said lying upon the southern shore of Delaware Bay be annexed to his Majesties Government in Maryland which will likewise prevent the ship- ping of the Merchantable Tobacco growing at the Head of Chesepeek bav near Bohemia and Sassafras Rivers into Appaquimine River in Delaware Bay as also the importing European Goods by that passage to Maryland both which Evills have been but too much practiced. 4. That the Province of West Jersey be annexed to the Government of the Province of Pensilvania and an active Governor there appointed such a one as is qualified to uphold the Act of Trade for as things now hang the charge to mainteyn able Officers on both sides the Bay from Bredlington in West Jersey to Hosekell in Sussex County nigh Cape Len Lopen with men and boats &r : will not be defrayed for 8001b a vear for the Trade of that River being now carried on bv Scotch men and Privateers Inhabitants in Pensilvania East and West Jersey which lv between Maryland and New York (in the very center of Trade and bus- iness) all is exposed and lys open to Traders from all places and can not be secured but bv a great charge or verv Regular Government: 5. That the Province of East Jersey be annexed to his Majesties Government in the Province of New York as il hath been formerly and 52 1 12 COLONIAL RECORDS. in like maimer the Colony of ( fonecticut lor thi> would wholy prevent the Great Importation of European Goods too frequently made even by countenance of those two Colours. 6. That the Collonies of Rhode Island now under no regular Govern- ment be as formerly joyned to his Majesties Government in the Province of the Massachusetts Bay in New England. 7. That no Projection Planter or other person whatsoever presume to alien or transfer any Island Plantation &e : to any Scotch Agent Factor or other Forreigner whatsoever under the Penalty of High Treason the whole Tract from 32 to 44 being his Majesties Dominion and annexed to the Crown of England. But foras much as severall of the Plantations hereunder mentioned have Proprietors and Owners by Letters Pattents and some small colo- nies are established by Charters where the Persons concerned may not apprehend the danger that is threatened by the new law in Scotland and so refuse to conforme to what in that consideration only is hereby hum- bly proposed as to the annexing Governments yet in point of security t<> England all the Benefitts of the Plantations Trade to which by law they stand bound I think where any shall refuse in this time of danger to accept his Majesties Govern men 4 they should be obliged both to accept and mainteyn such officers as may be needful to preserve the Trade to England and the Deputys to his Majesty All which is humbly submitted by ED: RANDOLPH S. G. December 7 th 1695. AT Y e GEN 611 COURT HOLDEN AT Y e HOUSE OF THOMAS WHITE Y® 25 th DAY OF FFEBRUARY A" 0 D“ 1694[5] Pres nt y® Hon b,e Thomas Harvey esq r Dep tT Gov nr The Hon ble Dan 1 Akehurst esq r Benjamin Lakar esq r ffrancis Tomes esq r Coll Thomas Pollock L ds Deputys Capt Anthony Dawson assistant And Sam 1 Swann esq r L d Deputy John Wilson acknowledgeth his assignin' of a warrant of Rights to Wm Duckenfield esq r and Margret his wife relinquisheth her right of Dower Anne Ward peticons for administracon of v® Goods and Chattells of ffrancis Ward her dec d husband Order d y 4 Comission of administracon of y® Goods and Chattells of ffrancis Ward dec d be granted to Anne Ward Wid & rel°‘ of v® s d ffrancis COLON IAL R ECORI >S. 443 Ward Shee giving security according to law: and Win Bray and Jn° Dan acknowledge and Ingage in behalf of y® s d An Ward to be security for the true adrainistracon of y® s d estate. And Henry Palin Jn° Ward Jn° Gilford and Cornelius Lerry or any three of y m are appointed apprisers of v® s d estate and M r Wm Codings or M r Jn° Hawkins to administer to y® s d Apprisers their oath for their true apprisement and v® Inventory to be returned to y® next Gen ® 11 Court Wm Duckenfield esq" acknowledgeth his letter of Attorney to Jn° Northcoate. Ordered y* v® same be recorded. Letter of Attorney from Robert Kitching to tfrances his wife proved by y® Oaths of Thurloe tfee and Michael Linch ffrances Kitching wife and Attorney of Robert Kitching eonfesseth Judgm* to ffrancis Tomes esq r Attorney of Emanuel Low and Anne his wife for v® sume of live pounds and three pence Ordered y‘ y® s d Robert Kitching pay unto v® s d ffrancis Tomes Attor- ney of Emanuel Low and Anne his wife y® sum of five pounds and three pence according to specialty als Execution A Will of Jonathan Bateman proved by v® evidence And ordered to be recorded And Elizabeth Bateman Widdow and Rel‘ of y® s d Jonathan Bateman declining her legacy given in the s d Will and craving to have her thirds of her deceased husbands estatate. ( )rdered y* the said Elizabeth Bateman have her thirds of her s d husbands estate and v® remain to be divided among y® rest of the Legatees and that administration w th v® Will anexed to be granted to y® Executor appointed in v® s d Will and y* Jn° Whitby Tho. Durant ffrancis ffoster and M r Joseph Sutton or any three of y m apprise v® sd estate and that M r Jn° Durant or M r Ralfe fflecher admin- ister to y® s d apprisors their Outlies and acc‘ of v® s d estate to be given to y® next Gen ® 11 Court And Jno. Lilly and Thomas Hassold have under- taken for v® s d Executor for the true flformance herof Jacob Overman proves his right to four hundred acres of land bv v® importation of Jacob Overman Dorathy Overman Jacob Overman jun r Tho Overman Ephrim Overman Margery Overman Charles Overman and Anne Overman & War 4 Given Thurloe ffoe sumoned to render aec‘ of what estate of or belonging to Jn° 'roomy was in his custody it being attached at y® sute of Thomas White and Diana his wife and y® s d Thurloe ftee came and upon y® holv Evangelists sath that at y* time of the serving of the s d attachm* there was in his hands or custody noc estate of or belonging to v® said .In® Toomv 441 COLONIAL RECORDS. Ordered v* v® sute 1 m • dismissed mid y' y® > d Thomas W lute ami Liana his wife pay costs of sute. Robert Kitcliing arrested to answer v® sute of Thomas White and Diana his wife in a plea of y® ease and y® s d Thomas White came and saitli v‘ y® > d Robert K itching is Indebted toy® plaintifs by act; 1 contracted w th y® s d Diana whilest slice was sole the sume of forty five shillings and nine pence half peny. And tfrances wife and Attorney of v® s d Robert K itching came and confesseth Judgeni* for y® s d sume Ordered y‘ v® said Robert Kitcliing pay unto v® s d Thomas White and Diana his wife y e sume of forty five shillings and nine pence w th costs als Exeeu. Robert Kitcliing and tfrances his wife Executors in their owne wrong of v® estate of Jn° Spencer dec d arrested to answer y® plaint of Thomas White and Diana Ii is wife in a plea of y* case and y® said Thomas White came and saith y‘ y e said Jn° Spencer is indebted to v® plaintif by ace* contracted w th v* said Diana whilest she was sole v® sume sixty three shillings and one peny And tfrances Kitcliing one of y® defend 1 ® came and produceth in C rt an ace* ag 9t Jn° Harris Copartner w th the s d Diana in Ballance of y® s d Acc* Ordered that y® sute be dismissed with costs of sute Isaac Gilford by his pet icon shcweth y* Jn° Philpott was Justly in- debted unto v e Petitioner by agreenf for service done by y® said Gilford the of forty shillings Ordered y* Isaac Gilford have one cow and ealfe and one y®earling delivered to him bv the Provost Marshall or whom he shall appoint out of the estate of y® s d Philpott for satisfaction of v* debt of forty shill- ings aforesaid The Court adjourned till Tuisday y® 26 th of this Instant ffeb. ifeb y® 26 The Court meet Pre snt The Hon ebl Thomas Harvey esq r Dep ty Govern 1, y* Hon® bl Dan 1 Akehurst esq 1 ' Benj LaKar esq r ffrancis Tomes esq r Maj r Sam 1 Swann Col Tho. Pollock L d Deputy® Cap 1 Antony Dawson As- sitant Upon petition of Mary Philpot craving that some Apparel that are in v* Custody of y® Marshall should be delivered to her Ordered that the Marshall deliver to Marv Philpott w‘ Apparel be- longing to her are in his custody and her choice of three sows w th piggs altering v e marks C » COLONIAL RECORDS. - 14 .", Upon pet-icon of .In 0 Robison Merch 1 praying to be discharged from and Adminsitracon comitted to him of y* estate of .In 0 Philpott dec d and lie renders his ace 1 soe far as lie hath administered Whereby he is In- debted to y® estate of y® s d Jn° Philpott v® same of seven shillings and six pence v® said Jn° Robison being a Merch* stranger and necessitated to depart out of y® province And y® Hon* w ® Dan 1 Akehnrst esq r Attorney of Nathaniel Dunscom in behalfe of v® s d Dnnscom prayeth administra- tion of estate of v® s d Jn° Phil pot not administered upon as being y® greatest creditor to the said estate And assumeth in behalfe of v® said Nathan 1 Dunscom to answer all actions comences ag st y® s d .In 0 Robison as administrator to y® s d estate and all other clairnes so far as y® said Robison was obliged to doe. Ordered y‘ y® administration of y® Estate of .In" Philpot um of seventy three pounds fifteen shillings and three pence bv Bill and y® s d Pa. Henley came and defends y® sute and craves Over of v® said Bill w ch being read specifying y* said sum haveinga seal annexed and signed w th v e name of .Jn° Culpeper Dated y® 24 th day of Septimber Ano Dili 1U7.S the s d Patr. Henley pleads Non cst factum and casteth hi nisei fe upon the Countrv and v® s d Plater alsoe Wherefore y® Marshall is comanded to cause to come twelve true and lawful! men of y® vicinage and who to neither of y® partvs are related who Impanelled and sworne viz M r Tho Miller tforeman dn° Lilly Tho. Nichols, Arthure ( ’arleton Christopher Butler ; Jacob Overman, ftrancis Hendrick, Wm Bray, Thurloe flee, Wm Collings John Dan Jn° Wilson Say upon their oath We of y® Jury finde noe cause of Action Ordered v* y® sute be dismissed and y' v® s d Richard Plater pay costs of sute als Execution M r Nicholas Crisp prayeth y' v® administracon of y® Goods and Chat- tells of Robert Jones dec d may be comitted to him as greatest creditor to y® s d estate Noe one appearing in behalfe of y® s d Robert Jones 148 COLONIAL RECORDS. Ordered y‘ y* administration of y® Goods and Chattells of Robert Jones dec ,d be comitted to M r Nicholas Crisp, and M r Thomas Blount & M r Christopher Butler undertake on behalfe of y* s d Nicholas Crisp for y® Performance thereof. Janie ffarloe Lewis W illiams Wm Luerton Jn° Ballerd or anv three of them are appointed apprisers of y® s d estate to be sworne before befor M r Thomas Luten Charles Taylor acknowledgeth his deed of sale of one hundred thirty two acres of land lying on little river in Pequimons p r ct to Jacob Over- man Mary Philpot Widdow acknowledgeth her assignem* of a bill of sale of one hundred acres of land lying in y® flfbrke of fflemins Creek and Win Bray Upon Petition of Coll Thomas Pollock Attorney of Coll Jn" Lear Ordered y* y® s d Thomas Pollock have liberty to ship: of What porke is in his custody belonging to y® s d Coll Jn° Lear as Marving v® Widdow A Exectrix of y® Hon® bl Seth Sothell Esq r dec d Thomas Twiddy arrested to answer y® sute of Thomas White and Diana his wife in a plea of y® ease and y® s d White came to prosecute his sute. And the s d Thomas Twiddy came not. Ordered y* y® Marshall have here the Body of the said Thomas Twiddy y® first day ol' the next Gen®" Court to answer y® said Plaint als Judgenfi to be confirmed ag s t v® Marshall Jacob Devilliard arrested to answer y® sute of Tho: White in a plea of Debt and v® said Jacob Devilliard came not. And y® said Tho: White craves Judgem* ag st y® Marshall Ordered v* y® Marshall have here y® Body the said Jacob Devilliard to answer y® Plaint of Thomas White y® first day of next Gen® 11 Court als Judgem 1 to be confirmed against the Marshall Upon y® Petition of Hon® 11 Thomas Harvey esq r Orderd v* Wm v* son of Timothy Pead late of the County of Albemarle Dec d being left desti- tute be bound unto y® s d Thomas Harvey esq r and Sarah his wife untill he be at y® age of twenty one years and the said Thomas Harvey to teach him to read The Court adjourned till y® Morrow morning seven of y® Clock February y® 27 The Court Meet and Present The Honer bl ® Thomas Harvey Esq r dep Govern' Hon 8bl Dan 1 Akehurst, Benjamin Dakar ftrancis Tomes Maj T Sam 1 Swann Coll Tho. Pollock Ksq r L ds Deputy.- Cap* Anthony Dawson Assistant COLONIAL RECORDS. 44<> Upon Petition of Thomas Twiddv Ordered that Administration of y° Goods and Chattells of Thomas W ingod dec d be eomitted to y® said Thomas Twiddy And Jn° Northcoat Win Godfrey ffraneis Penrice Albert Al- bertson jnnr are appointed apprisers of y® s d estate to be sworne before M r Jn° Godfrey And Hanaball Haskins and Robert Moline undertake on behalfe of v® said Thomas Twiddv for y e true p'formanee thereof. Robert Moline arrested to answer v® sute of Thomas White and Diana his wife in a plea of y e case and y® s d Thomas White cometli and saith that v® said Robert Moline is Indebted to y® Plaintif by his acc* con- tracted w th y e said Diana Wildest shee was sole y® sum of four pounds seven shillings and one penny and he produceth his account And y® said Robert Moline cometli and produceth an Account in ballance of v® acc 6 brought against him by y® said Thomas White bv w oh it a p pea res that there is due to y® said Thomas White and Diana his wife y® sum of twelve shillings And y® said Moline upon his Oath further saith that upon demand made by y® said Thomas White he the said Robert Moline tendered his acc 1 w th payni* of y® Ballance. Ordered y* y® sute be dismissed and v* the s d Thomas White and Diana his wife pay costs of sute al i s Execution Robert Moline arrested to answer y® sute of Thomas White and Diana his wife in a plea of y® case And v° said Thomas White came and saith that the said Robert Moline is Indebted to v® Plaintifs y® sum of thirty six shillings by bill passed to y® said Diana one of y® Plaintifs Whilst shee was sole upon y® acc* of Thomas King and further saith that y® said Robert Moline did assume and Promis to pay upon y® acc 1 of y® said Thomas King w* further acc 1 v® said Thomas King should contract Anil y® said Robert Moline cometli and saith as to v® Hill for thirty six shillings he confesseth to be due to y® Plaintif and to y® assumption afores d in behalf of the s' 1 Thomas King the said Robert Moline saith that he hath not assumed as is aleged And v® said Thomas White saith that concerning y® assumption of y® s d acc* he will noe further proceed Ordered y* the said Robert Moline pay unto v® the said Thomas W hite and Diana his wife the sum of thirty six shillings in porke alias Execu- tion. John King arrested to answer Patrick Bayly in a plea of Debt and y® said Patrick Bayly came and saith y* y® sd John is justly Indebted to y® Plaintif v® sume of thirty pounds ten shillings and live pence in porke by bill And y® said Jn° King cometli and confesseth Judgem* for the same Ordered v* the said Jn° King pay unto y® s d Patrick Bayley y® sum of thirty pounds ten shills and five pence in porke ali 3 Execu- tion - 53 COLONIAL RECORDS. 150 Thomas White and Diana his wife brings their action ag“ David Blake in a plea of y® ease and v® Marshall is required to arrest the said David Blake to answer y® said Plaint and y® Marshall maketh returne v t y e s d D av j ( ] Blake is not to be found Ordered y‘ Attachment lx; given against v® estate of y® said David Blake and returne to be made to y® Next Gen ® 11 Court. M r Patrick Bavley acknowledgeth his deed of sale of a tract of land unto -In 0 King Richard Plater arrested to answer y® snte of Thomas White and Diana his wife in a plea of the Case and y® s d Richard Plater cometh not Ordered y‘ v® Marshall have here y® Body of y® said Richard Plater y® first day of v® next Gen ® 11 Court to answer y® said Plaint Alias Judge- ment to be confirmed ag 8t y® Marshall Thomas White arrested to answer y® sute of M r Edw : Mayo in a plea of Debt and y® said Thomas White cometh and saitli that noe declara- tion of the said action hath been delivered to him as by law is provideth and thereupon craveth a nonsute. Ordered that y® action ffall and y® said Edw. Mayo pay costs of sute ali® Execution. Thomas White arrested to answer y® sute of Thomas Hassold in a plea of Debt and y® said Thomas White came and saitli that y® declaration delivered to him by y® s d Hassold is not signed by the Plaintif nor by y® Clerk according to rule and therupon he craveth a nonsute Ordered that v® sute ffall and y‘ y® said Tho. Hassold pay costs als Execution Thomas Hassold arrested to answer y® sute of ffrancis fibster in a plea of Debt and y® said ffrancis fibster came not. Ordered y‘ y® sute be dismissed and y‘ the sai02 01 08 17 to me to pay as by their notes will appear to one p r of Wool cards to one p r of Trucks 00 02 06 00 05 00 02 09 02 In v* 6 th Moneth 8 th or therabouts Wm Gosnell is D r for 2 p r of shoes 00 08 04 to one pott of Butter about 8 gall 01 15 00 to 45 pounds of Bacon at 00 19 00 to 2 barrells of Indian Corne 00 16 08 to one bottle of Honey 00 02 00 to one Holand Handkerchif 00 02 00 04 03 00 All w ch I had Govern 1 Sothells word for to pay me after Wm Gosnell was dead I the subscriber doe declare on y e penalty of Perjury y‘ y° p r of wool- cards and trucks were delivered to Seth Sothell as alsoe y‘ M r Gosnell had what is charged to his acct* and y* I never had any part or p r cell of y e same F FRANCIS TOMES Sworne before y e Gen* 11 Court y e 28 of fl’eb 1694 W. Glover Clrk COLONIAL RECORDS. 457 I doe testify that Seth Sothell desired me to give ffrancis Tomes an ace 1 of w* money was due to Blany from Seth Sothell for y e ffreight of his goods from Quipoton to this place Accordingly I by a Noat ordered ffrancis Tomes to pay to Jn° Blaney five barrells of corne for v* freight of his goods the w ch Corne bv a recep* under Blanys hand I find y e said ffrancis Tomes did pay to v e truth hereof I doe subscribe y e 28 th of ffeb 1694-5 DAN 1 AKEHURST Sworne in y* Gen e11 Court feb 28 1694 W. GLOVER Clerk. The deposition of Jn° Porter Jun r aged 30 yea res or thereabout Exam- ined and Sworne saith That sometime in or about v e monetli of November in y e year 1693 Governor Sothel and ffrancis Tomes was at the dcpon ts fathers house in y e Prec* of Chowan in North Carolina and Governor Sothell haveing brought a box of goods to this depon ts fathers aforesaid w oh box this de- pon* did then understand to belong to M rs Elizabeth Banks of London and was sent her by her brother Win Tompson of London to her then living in Carolina by the s d Governor Sothell w oh box as I understood at y* time by their discourse was opened before the delivery of y e same to M r Tomes M rs Eliz. Banks Attorney and some of y e Perticulars taken out as a p'cel of Narrow lace \v oh M r Sothell owned he had and brought some of the lace sewed to headlinnen w oh he said was done by his wife and alsoe M r Tomes demanded of M r Sothell two Guinys w #h was alsoe in y e s d Box to w ch M r Sothell replyed that he was goeing for England and that he would acc* w th M r Thompson for them w th some other things then discoursed of between them w oh this depon* doth not at p r sent re- member this being y° discourse w oh at the afore* 4 time and place past in y° hearing of this depon* between Seth Sothell & M r ffrancis Tomes At- torney of M rs Eliz Bancks to y° best of his memory. Witness my hand this 28 th day of ffeb 1694-5 JN° PORTER Jun r Sworne before y e Gen" 11 Court y* 28 th of ffeb 1694 W. GLOVER Crk 54 458 COLONIAL RECORDS. 1696. [B. I'. R. O. Colonial Entry Book. Vol. 100. p. 376.] CIRCULAR LETTER FROM LORDS OF THE PRIVY COUNCIL TO THE GOV" IN THE PLANTA- TIONS 13 FEBRUARY 1695-6. After Our very hearty commendations Wheras the Lords spirituall A temporall with the Commons assembled in Parliam 1 have by their late Address represented to His Majesty the obstructions that will unavoidably accrue to the trade and navigation of this Kingdome by an Act lately passed in Scotland for erecting a com- pany to trade from thence to India Africa and America a copy of which Act and the Address of the Lords and Commons with Her Maj. gracious answer thereupon You will receive from the Comm” of his Maj. Cus- tomes together with a letter from the said Comm” recommending to your care the vigorous execution of the several laws made here in England for the security of the Plantation trade And to see that the Officers of the Comm” of the Customes within your government do strictly pursue their duties according to the said Laws & further reminding you of what is by the said laws more especially required at your hands for the better securing the Plantation trade to this nation Wee have received his Maj. comands to let you know that his Maj. being very sensible how preju- dicial the said Act past in Scotland may be to the trade & commerce of this Kingdome as well to his Maj. Plantations as toother parts his Maj- esty expects from you not only a strict performance of what is recomended to your care by the Com” of the Customes in their said letter as the best means to remedy the said inconveniences for the present but that you also use your utmost endeavours that the Laws of Trade and Navigation of this Kingdome may be duly and strictly executed within your govern- ment as well bv what countenance and assistance you may give to the Officers of the Com” of the Customes in this behalf as by all other ways and means whatsoever that you may use whereby the ill consequences of the said Act past in Scotland to the trade and navigation of this king- dome may be avoided in all which his Maj expects a strict compliance from you according to your duty as you will answer the contrary And so Wee bid you verv heartily farewell From the Councill Chamber at COLONIAL RECORDS. 459 Kensington this thirteenth day of February 1695-0 in the eighth year of his Maj. Reigne Your very loving Friends MONMOUTH PEMBROKE C. P. S. STANFORD DEYONSPI I RE TANKERVILLE DORSETT DURSLEY BRIDGEWATER ■JOHN NICHOLAS. [B. P. R. O. Va. Council. B. T. Va. 58.] AT A COUNCIL HELD AT JAMES CITY THE 13 th OF FEB ry 1696 Present. His Excellency S r Edmund Andros Knt Governor Nathaniel Mack by his petition Complaining to his Excellency that W m Full- wood being indebted to him one hundred pounds ster 1 and the said Full- wood having illegally departed this Government the said Macklanshaw caused the goods of the said Fullwood being in an Island called Crow Island patented and held since the first settlement of this Colony to be attached by W m Fitz Gerard under Sheri f of Princess Anne County, but before the said Sheriff departed off the said Crow Island, one \V m Bray pretending himself Marshall or sheriff of North Carolina came with force and Arms and Rescued the goods attached, carryed away the under Sheriff and Kept him in Custody untill he gave security for his appear- ance at next Gen" Court held for Carolina; by means of which the said Macklanshaw is in Danger of looseing his Debt and prayed Relief therein all which appearing by Testimony at this Board It is the opinion of the Council that reparation be demanded of the Gov' Commander or Chief Officer of North Carolina for the abovesaid Violence Committed in this his Majestys Colony of Virginia and Restitution be made of the said goods and the person of the said W m Bray with those that assisted him in the said violence be forthwith delivered to the Sheriff in princess Anne’s County to answer it & be proceeded against according to law 460 COLONIAL RECORDS. AT A COIJNCTLL HELD AT JAMES CITY THE 2 d OF MARCH 1695-[6] Present Mis Excellency Sir Edmund Andros Knt Governor. His Excellency was pleased to communicate to this Board a Letter from Thomas Harvey Esq r Deputy Gov 1 of North Carolina that he had reed his Excell"* Letter Containing M r Makclanahaws Complaint against \V“ Bray Deputy Marshal in Coratuck within that Government and being altogether ignorant of the whole matter had Communicated his Excell eys Letter to the palatines Court and that order was given for W“ Brays appearance with all possible speed that being informed of the whole matter he might be Capable of giving his Excell cy a Satisfactory answer the further Consideration of the said matter is Reserved till an answer is received As that in the mean time the sheriff of Nansmond Norfolk and Princess Anne Countvs be ea refull in Collecting his Majestys Quittrents and other Publick Dues to ascertain their bounds and that they be not incroaehed upon in their several Balywicks, And ordered accordingly ‘2 nd March 1695-(6) His Excellency was pleased to communicate to this Board a letter from Thos Harvey Esq. Deputy Governor of North Carolina that he had re- ceived his Excell, letter containing M r Macklenahan’s complaint against William Bray Deputy Marshal in Corrotuck within that government and being altogether ignorant of the whole matter had communicated his Excellency’s letter to the Palatines Court and that order was given for William Bray’s appearance with all possible speed that being in- formed of the whole matter he might be capable of giving his Excel- lency a satisfactory answer the further consideration of the said matter is deferred till an answer is received and that in the meantime the Sheriffs of Nansamoml, Norfolke and Princess Anne Countys to be careful in collecting his Maj. Quit rents and other public dues to ascertain their bounds and that they be not encroached upon in their several Balywicks and Ordered accordingly. COLONIAL RECORDS. 461 [B. P. K. O. R. T. Plantations General. Vol. 4. p. 53.] TO THE HON bl THE COMM" OF HIS MA ties CUSTOMS. PROPOSALLS HUMBLY OFFERED FOR THE MORE EFFECTUAL PUTTING IN EXECUTION THE ACT FOR PREVENTING FRAUDS & R EGULATING ABUSES IN Y e PLAN- TATION TRADES. (31 July 1696) 1. That the Gov" in all the proprietyes be duly qualified for the dis- charge of their Trust, in relation to the acts of Trade; as in the act for preventing Frauds etc: is directed 2. That fitt persons be appointed to be the Gov" of Carolina & Pen- silvania to prevent the illegal Trade carried on by Scotchmen & others in vessel Is belonging to New Eng d & Pensil vania from those Provinces to Scotland, Carasaw, & other unlawful places. 3. That a Commission under the Great Seal of Eng d (as formerly) be directed to divers persons with power to administer the Oath to the pres- ent Gov" in all the Plantations, i sets Bay is not only ignorant of the Lawes of England but has been himself an illogall Trader. For which reasons Wee are also humbly of opinion that the forenamed Persons are not fit to be his Ma ty ‘ Attnrnys Generali, however fitt they may be judged by the Proprietors of any of those Provinces for the Places that they have Power to dispose of. And that it may be expedient for his Ma ty * service that the Persons following whom the said M r Edward Randolph represents as duly qualyfved may be constituted His Ma tys Attnrnys Generali for the respective Colo- nies hereafter mentioned viz 1 for Virginia, Mariland and Pensil- vania (as also for North Carolina and West Jersey where there is at present no Atturny Generali) Edward Chilton, For the Massacluisets Bay (as also for Road Island and New Hampshire, where also there is at present none) Thomas Newton. For New Yorke, (as also for East Jersey and Conecticott where also there is at present none) James Gra- ham. These being the only alterations of this kinde for which wee have anv Grounds suggested to us. Wee omitt to mention those of His Ma ty * Colonies wherein there are Attnrnys Generali already settled, and hum- bly submitt our opinion upon these to your Ex cy ’ consideration J. BRIDGEWATER PH. MEADOWS JOHN POLLEXFEN JOHN LOCKE ABR: HILL. Whitehall September the 7 th 1 696. A true Copy RICH: COLIXGE. [B. I J . K. O. B. T. Proprieties. Vol. 25. p. 6.] M r RANDOLPH’S MEM b ABOUT ILLEGAL TRADE IN THE PLANTATIONS, MENTIONED IN FOREGOING PRESENTMENT. To the Honourable the Commissioners of his Majesty’s Custom — May it please vour Honours Your Honours were pleased in your presentment of the 17 th of July past to the Right Honourable the Lords Comm ri of his Majesty’s Treas- COLONIAL RECORDS. 465 ury to represent, that it hath been found bv experience, either through the remissnesse or connivance of the Governors of the severall Colonies and plantations which are under distinct proprieties, The Acts of Trade & Navigation, and your Honours Orders A Instructions, in pursuance thereof, have not been observed as in other Colonies and plantations which are under Governors nominated A appointed by his Majesties immediate Commission, and did therefore humbly move their Lordships that the Re- spective Governors of the said proprieties may be persons of good Estate A Reputation, and otherwise duely qualifyed for the discharge of their truth, being by a clause in the aforesaid Act for preventing frauds and regulating abuses in the Plantation Trade to be allowed A approved by his Majesty his heirs A successors, and obliged to take the oaths enjoined by that, or by any other Act to be taken by the Governors or Comanders in chief in other his Majesties Colonies or Plantations before their entrance into their respective Governments under the like penalties which his Majestvs Governors A Commanders in chief are by the said acts lyable to. Notwithstanding the owners of the Proprieties upon the Continent of America and Islands adjaceht take no notice thereof, but omitt to nomi- nate fitt persons to be allowed and approved by his Majesty in Councill, be- fore their entrance on their respective Governments, from whence it fol- lows that whilst the principles omitt their obligations at home, it cannot be expected their Deputies will do their Duties in the plantations, so that altho (pursuant to the said Act) The Officers of the Customs, the Judges and other officers in the Courts of Admiralty, the Attorneys Generali, A the Commissioners under the Great Seal for Administring the oaths to the respective Governors in the said Colonies and plantations are ap- pointed A prepared ready for dispatch : Nevertheless the Governors and other publick Ministers in the Pro- prieties are continued in their offices A places, A no care taken to appoint others in their stead, tho they maintain and support the illegal Traders as much as ever : It cannot therefore be expected that the Frauds A Abuses in the Plan- tation Trade so long practised & so often complained of can be prevented untill persons of good Estates and reputation, and otherwise duly quali- fied the discharge of their Trust, be first allowed A approved by his Majesty and to be the Governors of those Proprieties according to the said Act, otherwise it is to no purpose, nor will it countervaile the charge to send over officers and maintaine them, to put the Acts of Trade in execution, in Virginia A other places, under his Majesty’s immediate authority so long as the Governors for the Proprietors take upon them a 55 COLONIAL RECORDS. 40 ! power to dispenee with the open breach of the Acts of Trade, and thereby keep their ports open to Illegal Traders, whi 1st others are barred up by oaths & strict penalties, which must needs occasion the draining A soon depopulating his Majestys own plantations by the people enjoy- ing an extraordinary liberty in agenerall Trade and constant benefitt by pirates and the Scotch Trade in the proprieties and private Charters. The chief end of granting those vast Tracts of Land (now called pro- prieties) to noble men and others, was doubtless to encourage the first undertakers to plant A improve them for the benefitt of the Crowne, & to be always subject & depending on England, A conformable to the Laws thereof. Great numbers of people are now seated in some of those proprieties, but have been long endeavouring to break loose & sett up for themselves, having no sort of regard to the Acts of Trade, and discountenancing appeals from their Courts to his Majesty in Council 1. The persons appointed hy the Proprietors to be their Governors, are gen- erally men of very indifferent qualifications for parts A Estates. Their maintenance is inconsiderable, which renders their Governments preca- rious also. They have power only (like civill Magistrates in petty Cor- porations in England) to make Municipall Laws with consent of the people, for their quiet & peaceable Government but are indeed Stewards only & overseers accountable and alwaies lvable to be turned out at the plea- sure of those who employ them ; So that it cannot be presumed that Gov- ernors made by the proprieties only, as such, are impowered, or in any wise concerned to put in execution the Acts of Trade in their Govern- ment, But on the contrary, I am humbly of opinion that twill be judged a high misdemeanor in any of them to attempt it, untill they are first qualifyed, as bv the said Act for preventing Frauds is directed: the pro- prietors themselves have no such power, nor can have granted them by their Patents I humbly lay before your Honours, an account of the present Gov- ernors of proprieties, A of their qualifications, in relation to the Acts of T rade. Bahama Islands: M r Nicholas Trott is the present Governour; those Islands have been and still are a common retreat for pyrates and illegal Traders : Cadwallader Jones the late Governor under pretence of a power to make all officers, made one Boulton Collect 1 of the Customs: he en- tred and cleared vessels according as the Governor and be pleased. In the year 1693 Thomas Carter Master of the Ship Bridge Town of Bar- bados richly laden from Jamaica to London, run the ship wilfully aground upon the Island, the Master A sailors divided the money, and the l>est of COLONIAL RECORDS. 467 her loading ; the Governor made his advantage by it, all appeals lye from their Courts to the Lords proprietors in England. Carolina: M r John Archdale a Quaker is deputed Govern 1, by the Lords proprietors (as I am informed) during his son’s Minority who is one of the Lords Proprietors; the Cheif Towne for Trade is Charles Towne, free to all, from all places. They Trade to Carasaw from whence the Manufacture of Holland is brought to Charles Towne and earn ed by New England men, and other illegal Traders to Pensilvania, Boston etc and returns are made for them in Plantation Commodities, which are earryed from Carolina to Carasaw, and thence to Holland, about 3 years ago 70 pyrats having run away with a Yessell from Jamaica, came to Charles Towne bringing with them a vast quantity of Gold from the Red Sea, they were entertained, and had liberty to stay or goe to any other place. The Vessel] was seized by the Governor for the proprietors as a Wreck & sold, they have no regard to the Acts of Trade. The present Governor is a favourer of the illegal Trade, having given his permit to the Master of a Forreigne Vessell to trade, taking no notice of M r Gue- rard appointed the Collector by your Honors Deputation, as by a Copy of the Governors Permitt No e appears; all appeals are likewise from the Courts in this Province, to the Lords proprietors in England. North Carolina has 60 or 70 scattered families, but under no regular government. One Jarvis was appointed the Govern r by (’oil. Ludwell then Govern 1- of all Carolina, he had no sallarv. The Inlet of Carituck lies conveniently for carrying away the Tobacco made in the Southern parts .of Virginia. The Inlet of Roanoake is frequented with small ves- sel Is trading to A from the W est India Islands. Pyrats A runaway Ser- vants resort to this place from Virginia etc. Pensilvania M r William Markham is the present Governor, Samuell Carpenter, & John Goodson (both Quakers) were joined in the Govern- ment with him but they refused to Act. The Acts of Trade (whatever they pretend) are not observed here; a plain discovery has been made of nine Vessel Is loaden with Tobacco, which have from the year 1690 to the year 1695 gone directly from this Province to Scotland (besides Gustavus Hamilton the Cheif factor for the Scotch Merchants) who last year carried out of Delaware 300 hogs- heads of Tobacco without clearing, as also other Vessel Is from the same place, went with Tobacco to Scotland as appears by letters from your Honors Agent in that Kingdom. The Brigantine William & Marv (called the New Castle Brigantine) when in August 1694, she cleared out from Pen- silvania for England, William Righton Master A Maurice Trent a Scotch- COLONIAL RECORDS. 468 man, an old Transgressor Merchant (one of her owners lives in London) imported into Pensilvania a great quantity of Scotch goods, & was ad- mitted to an entry in the year 1695, hv the Collector in Pensilvania. She was afterwards seized in West .Jersey by Cap 4 Meeeh, appointed by Coll. Nicholson (pursuant to her late sacred Majestys order in Counoill of the 9 th of August 1694. lie seized also another Vessell called the Mill; Everett Johnson Master from some port in Norway, (as 1 am in- formed) loaden with wine & European goods, having no clearing from any port in England, the Master confessed himself to be a Dutchman, as appears by Capt. Meeches Journal, N° 2, his tryall was putt off, the Mas- ter being gone to New York, And afterwards suspended till further ord- ers from England. The Governor entertains several pirates from the Red & South Seas, who carry on an illegal trade to Carasaw, & other prohibited places. It appears by a Copy of M r Markham’s Letter to me N° 4. that he has but a small maintenance, desiring me to make him Col- lector of the Customs in Pensilvania by which your Honors may please to take notice that Governors under such necessities will be easily tempted to doe, & connive at unlawfull things. The Charge to maintain officers of the Customs in that Province together with a Vessel 1 of about 40 Tuns, & men sufficient to cruise upon the Coast thereof, as by her late Sacred Majesties order in Couneill, Coll 1 Xicollson is directed to provide will amount to above 20004; a year, to prevent the Illegal Trade in Pen- silvania, & the shipping of Tobacco brought overland from Maryland to Delaware Bay, which notwithstanding will be carryed on untill there be such a Regulation in the Government of that Province, as by the said Act for preventing frauds etc is enacted. Pensilvania lies in the centre between Maryland and New York most commodiously to carry on all illegal Trade, & that place will soon be- come a Staple of all European & plantation Commodities. Jerseys. East & West Jersey M r Andrew Hamilton a Scotchman is the Governor of those Provinces appointed by the Proprietors to Lease out their Lands & receive their Quit rents. He is a great favourer of the Scotch Traders his Countrymen, & would not allow of Cap 4 Meech’s power, when he had seized the Brigantine William & Mary William Righton Master. The Governor sat Judge in Court The vessel] was favoured upon the Masters setting forth in his petition that the French mett him at Sea, A took away his Cocquets, she is since gone to Barba- dos: Patrick Robinson a Scotchman the Secretary, and David Lloyd the Attorney Generali in Pensilvania went to the Court in West Jersey to defend the vessell against the persecutors for his Majesty. COLONIAL RECORDS. 469 Connecticott in New England, Coll 1 Robert Treat is the present Gov- ernor of that Colony, granted to the Inhabitants bv Charter, to have a Governor annually chosen, with power to purchase, and sell Lands. The Inhabitants are generally husbandmen & planters. The Governor per- mitted a Vessel 1 from Holland under pretence of wanting wood and wa- ter to come into New Haven, where she unlivercd great part of her load- ing, which was carried to New York, and having taken horses aboard, sailed with the remainder of her goods to Barbados. Thomas Fisher Master of the Brigantine Adventure of London imported about Decem- ber 1691 a very great Cargoe of Scotch goods at New London in that Colony, they were seized by M r Brenton the Collector; he thought it most advisable to admitt Gustavus Hamilton to a Composition (which he will- ingly agreed to) rather than submitt the Cause to a trvall in that Colony. Road Island, Caleb Carr was late Governor of that and Providence plantation granted by Charter also, tis become a free port to illegal Tra- ders and py rates from all places: Thomas Tew a pvrate came thither from the Read Sea in the year 1694 and brought with him 100,000 lbs in Gold and & Silver, he shared 12000"“ for himself & his Sloop; the people are enriched by them. 'Pis necessary that place be taken care of & putt under a regular Government, the present pretenders to govern being either Quakers or Ana. Baptists. Province of New Hampshire, M r William Partridge being nominated by M r Samuell Allen the present Proprietor is allowed by his Majesty S. 479 ing ordered that y® Marshall Make Sale of y® estate Apraised According to Law for y e defray m‘ of of this debt With Cost. Samuel Pricklofe prove A bill of Thomas Hasel And Thomas White for five pound in pork ordered that Thomas Duren Exceter to y® Sd Hassel pay y® Sd Pricklofe five pound in pork with Cost ffrancis Segrave proved five Rits for five ~$sons transported into this county Wlioes Names are under Wretten viz himselfe Lucretia his Wife Thomas his Sonn ffrancis his Soon William Powel. John Dunstou proved three Rits whoes names are under Wreten viz himselfe ffrancis his Wife Sarah Moore Dianah White petition y® Court Shewen that Thomas Hossel is In- debted to hi r one pound Seven Shillings And Shee proved hir Account ordered that Thomas Duren Exceter of y® Sd Hosel pay to y® Sd White one pound Seven Shillings Sarah Johnson vars Edward Homes in a plea Court Referd it to y® Jure y' Jure On their othes sav thav find for y® plaintef Seven hundred pound of tobaco And Caske ordered that Edward Homes pay to Sarah Johnson Seven hundred pound of tobaco & Cask with Cost. Thomas Speight proved tenn Rits Whoes Names ar under Wretten viz himselfe Richard Mallone Nich Perm John Morres Elizabeth Moi- res John Morres Juner William Morres Mare Morres Nathaniel Rave Pone a Negro Charles Scot Proved fower Writs for fower %Lons transported into this County Whoes Names are under Wretton viz himselfe Mary Scoot Elizabeth Scot Charles Scot on for his Servetue Denis Meclenden proved aleven Rits Whoes Names are under Wret- ten viz himselfe Charles Cafen Mary his Wife Margret Dun Dennes Dim Rebecka Carpender Elisabeth Mackclenden Brient Mackclenden Dennes Mackclenden ffrancis Mackclenden Thomas Mackclenden John Oden proved Six Rits for Six ^sons Whos Names are under Wretten vis Himselfe Ann his wife Ann his Daughter Jan his Daughter Marv his daughter Rachel his Daughter. Abraham Williams proved fower Rits whoes Names are under Wret- ten vis himselfe Anne his Wife Edward Williams John Williams. Thirlo ffee vars Peter Jones In a plea of v* Case y® Sd Thirlo ffee not Apearing ordered that he be Nonsuted And pay Cost John Hopkins vars John Lewes v® Sd Lewes Not Apearing Ordered that y® Sd Lewes pay to John Hopkins two pound Nineten Shillings & three peence in Country pay And twenty three bushels of Indian Corn with Cost als Exec. 480 COLONIAL RECORDS. Upon A peticon of John Watts Shewen .... Grifen is Indepted to Him eigh pound thirteen Shillings And he haven obtained Atachment Against his Estate one third part of A Curnen being Atached ordered that y® Marshall make Sale of y* third part A p rased Acorden to Law And pay to y° Sd Watts eigh pound thirteen Shillings with Cost M r Caleb Calleway Alex Lilli ngton George Ames being Opinted Apraisers. The Court Rejornd till to Moro Mornen eight ado John Hawkins aeknowledg A ded of Sale for three Handed Acres of Land to M r John God fry. Steven Manwaren Aeknowledg A ded of Sale for two Hundred Acres of Land to James Pareshen. James Pareshen Aeknowledg a ded of Sale for two Handed and fifty Acres of Land to Stephen Manwaren. Collom fflyn Proved A Letter of Aturnney of Jonathin Jonses by y* oths of James Parishen Esekell Mawdle Collom fflyn Aeknowledg A bill of Sale to Stephen Manwaren As Aturnney to Jonathan' Jones. ffrancis ffoster proved Six Kits Whose Names are under Wretten William fibster John fibster Elisabeth fibster firaneis fibster Jeane Swet- man a Negro Hanna . Christefer Butler vars Stephen Manwaren in a plea of dept y e s d Man- waren Haven No deelaracon ordered that y e s d Butler be nonsuted and pay Cost. Upon a Ptieon of John Stepney shewen that Thomas Nichols is in- debted to him five pound eigh Shilling & fewer peenee he haven obtained Atachment Against his Estate And Several 1 goods With y® book of ae- counts Atached ordered that y® Marshall Make Sale of y® goods Apraised acorden to Law And pay to John Stepney his Just dept of five pound eigh Shillings & fower peenee with Cost of Sute. Upon a peticon of Mager Samuel Swann Shewen that Thomas Nichols is Indepted to him one Hundred eighty pound of poork And he haven obteined against y® Estate of Thomas Nichols And Severall good atached With y® books of accounts ordered that y® Marshall make Saile of y® estate apraised acorden to Law And pay to Mager Samuel Swann his dept of one hundred & eighty pound of poork With Cost. Upone the petitione of James Frigatt by an attachment Against the Estate of Thomas Miehoals for four pounds Four Shillings and three pence ordered the said Frigatt be paid out of the said Nicolls Estate Four pounds four shillings and three pence with Cost of Sute Alias Executiune. COLONIAL RECORDS. 181 Upon A peticon of y® Hon rbI Thomas Harve Esq And I)eb ty Gove- ner Shewen that Thomas Nichols is Indepted to him Nine pound two Shillings in poork And he haven obtained Attachment Against y e estate of y e s d Nichols And y® book of Accounts being atach ordered that Nine pound two Shillings & one peny halfe peny with Cost of Sute be paid to y® Hon bIe Tho: Har. Upon A peticon of ffrancis Tomes Esq Shewen that Thomas Nicholes is Indepted to him one pound fifteen Shillings And eigh peence And he haven obtained Atachment Against y® estate of y® s d Nickols And y® book of Accounts being Attached ordered That one pound fifteen shilling And eigh peence With Cost of Sute be paid to ffrancis Tomes Esq John Hopkins vars John Piearce In A plea of dept y® defendant confessed Judgment ordered that John Piearce pay to John Hopkins three pound aleven Shillings And Six peence With Cost Ales Exce Isaak Roaden vars John Piearce In a plea of dept v® plaintef Not Apearing ordered that Isaak Roden be Nonsuted And pay Cost Ales Excecution. John Lilly vars Stephen Manwaren In a plea of dept y® declaracon being Not Signed ordered that John Lilly be Nonsuted And pay Cost. Upon A peticon of Thomas Peirce Shewen that Thomas Nichols is Indepted to him two pounds fower Shillings A fower peence And he haven obtained Attachment Against y® Estate of y® Said Thomas Nich- ols And y® books of Accounts Attached ordered that Thomas Peirce be paid two pound ffower Shillings A fower peence with Cost of Sute. Upon A peticon of Charles Crommelen Shewen That Thomas Nichols is Indepted to him Seven pound Nine Shillings And aleven peence And he haven obtained Attachment against v® Estate of v* Said Thomas Nichols And v® books of Accounts being atached ordered that Charles Cromelen be paid Seven pound Nine Shillings & aleven peence with Cost of Sute. Upon A peticon of Boas Kell Shewen That Thomas Nichols is In- depted to him teen pound eigh Shilling And teen peence And y® books of Accounts being Atached ordered that Boas Bell be paid his Just dept of teen pound Eigh Shillings And teen peence With Cost Upon A peticon of Ralph flleteher .Inner Shewen that Thomas Nich- ols is indepted to him five pound for y® youse of his ffather And he haven obtained Atachment Against y® estate of y® Said Nichols A y® 57 182 COLONIAL RECORDS. books of Accounts being atachcd ordered that Ralph ffletcher .Inner be paid five pound With Cost Upon A peticon of Richard Appowen Shewen y* Thomas Nichols is Indepted to him aleven pound eigh Shillings and he haven obtained Ataolnnent Against y e Estate of y® Said Thomas Nichols And y® books being Atached ordered That Richard Appowen be paid Aleven pound eigh Shilling With Cost of Sute. Upon A peticon of Majer Alex Lillington Shewen that Thomas Nichols is Indepted to him fifteen pound one Shilling & three peenee And he haven obtained Ataehment Against v® estate of y® Said Thomas Nichols And y® books of Accounts being Atached ordered that Majer Alex Lil- lington be paid fifteen pound one Shilling & three peenee With Cost of Sute the Cour is Ajurn till to morro Eigh of y® Cloe Joseph Comander Iturnney to Hennery Silver of ould Ingland Mar- rener vars Jacob Peterson upon his Assumption in a plea of y® Case y® Coifi t ref’erd to y® Jure and he y® Said Comander haven no Letter of Aturney y® Jury on tliare oath Say they find noe Caus of Action ordered that .Joseph Comander pay Cost Ales Excycution Upon a peticon of Peter Jones Shewen that he hath paid nine shill- ing for y® yous of Thomas Noreom to Thomas Nichols ordered that Thomas Noreom account be discharged Nicholas Simmons vars George Mathes in a plea of dept y® Said Matl les Not apearing y® Marshall craved a rcfference ordered that he may Have A refference. Upon A peticon of George fferdice Shewen that he hath A tended y* Court fower dayes two in going and Coining. Ordered that Nicholas Simmons pay to George ffirdise Eigh Shillings And fower peenee. Upon A peticon of J. Peirce Shewen that Thomas Nichols Is Indepted to Him two pound Sixteen Shillings And he Haven obtained Attachment Against y® Estat of Thomas Nichols And y® books of accounts being attached ordered that John Peirce be paid two pound Sixteen Shillings With Cost. Upon A peticon of Joseph Smith Sheweth that Charles Mackdanel is Indepted to him fower pound fower shilling and teen peenee And he haven obtained Attachment against y® Estate of y® Sd Mackdanel And v® plantation And House being Atached ordered that Joseph Smith be paid his dept of fower pound fower Shillings With Cost of Sute Upon a peticon of John Pirkens shewen that he Maid a Crop With y® Said Nichols And he was to Have a third part of evere thing that COLONIAL RECORDS. IS.°, Was Maid by y e Crop ordered that John Pirkens have A third paid of y® to backco. Upon A petition of John Lilly Shewen that Charles Maokdanel is Indepted to him Seven pound Nine Shillings And tower peenee And he haven obtained Attachment Against y® Estate of Charles Mackdanel and y® Plantation and lions being Attached ordered that John Lilly be paid his dept of Seven pound Nine Shillings And fower peenee W ith Cost. Upon a petition of John Stepney Shewen that Charles Mackdanel is Indepted to him one pound three Shillings and ffower peenee and he haven otained attachment Against y® Estate of ( lharles Mackdanel And y® Cattel and Hoggs being Ataehed ordered that John Stepnev be paid his Just dept of one pound three Shilling and ffower peenee With Cost of Sute Upon a petition of Robart Beasley Shewen that Charles Mackdanel is Indepted to Him Seven pound and five peenee And he Haven obtained ataehment against y® estate of Charles Mackdanel and y* Cattel and 1 loggs being ataehed ordered that Robart Beasley Seven pound and five peenee With Cost of Sute. John Lilly vars Thomas Houghton In a plea of dept thare being a fait in y® declaration order that John Lilly be Nonsuted and pay Cost. Upon a peticon of Christefer Butler Shewen that Charles Mackdan is indepted to him seven pound eighteen Shillings and he Haven obtained atach against y® Estat of y® Said Charles Mackdanel and y® Cattel and Hoggs being ataehed ordered that Christefer Butler be paid his dept of Seven pound eighteen Shillings With Cost. John Hopkins vars George Mathes In a plea of y® Case y® sd Mathese not apearing y® Marshall craved a reference ordered that It be referd. Upon a peticon of M r Caleb Callewav Shewen that Thomas Nichols is indepted to him thirty one Shillings and five peenee and he Haven ob- tained ataehment against y® estate of Thomas Nichols and y® books of aceoun being ataehed ordered that Caleb Callewav be paid his dept of thirty on Shillings & five peenee With Cost Upon a peticon of William Lacy Shewen that he was bound for Charles Mackdanel in a bond of teen pound for his appearance at this Court and lie haven departed this County ordered that he be paid What lie shall make apeare to be damnefied Witli Cost he Haven obtained ataehment against y® estate of y® sd Mackdanel 184 COLONIAL RECORDS. Upon a peticon of Joseph Web Shewen That Thomas Nichols Is In- depted to him two pound Eighteen Shilling and he haven obtained atachment against y® Estate of Thomas Nichols and y® books of acounts being atached Ordered that Joseph Web be paid his dept of two pound Eighteen Shilling With Cost. Upon a peticon of Albart Albartson Sener That Thomas Nichols is indepted to him five pound fower Shillings and Six peence and he haven obtained atachment against v® estate of Thomas Nichols and y® book of accounts being atached ordered that Albart Albertson be paid his dept of five pound fower Shillings and five peence With Cost of Sute CALEB CALLAWAY RALPH EE LETCII ER JOHN GODFREY SAMUEL NICKOLSON March The 19 Anno 1696-7 James ffugeett Recorded his Mark being a Crop And A Hole In y® Right Eare and In y® Left a crop and a Slet in y® Crop and in y® Same Eare an under Keel and an over Keele. Know All Men bv these p'scnts that I Jonathan Jones of pascotank have & hereby doe order & Apoynt My Trusty & Well beloved freind Coll umb fflyn for to appeare At Any Court here, After held ftbr y® p r sink of pequimons to Acknowledge y® Saile of A Certine track of Land & Plantation that by Patti ne fformerly belong unto Charles Mackdanill & Since Sould by the Sd Charles to Stephen Manwaring & by Me pur- chased ffrom the Sd Manwaring & Since by Mee Sould unto y® Sd Ste- phen Manwaren Agine & for your Soe doeing this Shall bee to you A Soficient Warrent As Witness My Hand & Seale October y® 14 1696 y® mark of Test James P. Peresho Nicholas + Johnson his mark y e mark of Esekel + Moyle Jonathan Jones + Proven in Court y® 13 th day of Janewary 1696-7 Test ^ John Stepney Cler Recorded March 26 th Anno 1697 John Stepney Cler Albemarle Know All Men by these presents that I Thomas Lepper doe hereby Constitute And Appoint My trusty freind M r Caleb Calleway Mv true And Lawful Attorney for Me And In My Name to Appeare At y e Court of y® pYinct of Pequimons And thare acknowledgment to Make of a Certaine deed of Sale Made from me y® Sd Thomas Lepper unto Thomas Long of A Certaine plantacon & Land Situate In Yawim Creeke in y® p r einct Afore Sd And I doe Here by Ratefv And Confirme COLONIAL RECORDS. 485 w‘ My Sd Attorney Shall by vertue of these p r sents doe therein And y® Same doe hold to be good And firme In Law As if I My Selfe had In ^son ^formed y® Same Witnes My hand and Seale y® 5 of December An 0 Dili 1694 Signed Sealed And delivered J Tho: Lepper -)- In p'sents of Thomas Gough | Thomas T S Stephens ( Proven in Court y e 13 day of W. Glover J Janewary 1 696-7 bv y® oath of Tho : Stephens Test ^ John Stepney Cle Recorded March y® 26 Anno 1697 ^ John Stepney Cler. April 1697 At A Court Houlden tfor the p r cinet of Piquemons At y® Hous of M r Thomas Blunt v e Secont Monday In Aprill 1697 p'sent M r Caleb Calle- way Judg Cap* Ralph iHetcher M r John Barrow M r John God fry Mr John Whedby M r Samuel Nicholson Mary Peterson Proved A Letter of An Attorney of Jacob Petersons by the oath of Stephen Manwaren James Anderson. ffrancis Tomes Aturney to William \'as And Joanna his Wife Ac- knowledged A dede of Sale to Stephen Man wared for A plantation And Shee In flson present. ffrancis Tomes Proved A Letter of Aturnney of William Voses by Joshua Tomes. Richard Nowel And Ellener His Wife Acknowledged A dede gift of two Hundred Acres of Land to Allis Nowel his da Richard Nowell And Ellener His Wife acknowledged A ded of Sale for two Hundred acres of Land to Albert Alberson .Tuner Richard Batcheler And Katherine His Wife Acknowledged An Asignement of A plantation to Jenkins Williams William Wilkinson vars Jonathan Tailor In a plea of dept y® said Tailor Confessed Judgment Order That Jona- than Tailor pay to William Wilkinson eighteen pound thirteen Shilling With Cost The Court is A Jurued till to Morro eigli A clock John Hopkins vars Gkoro Mathes In a Plea of y® Case thare being a fait In y® declaration ordered that John Hopkins be nonsuted And pay Cost James Oats Aturney to M r Thoms Blunt vars William Mansell In a plea of dept thare being A fait in v* declaration ordered that James Oats be nonsuted And pay Cost. 480 COLONIAL RECORDS. M r Jolni Whedby Acknowledged A dede gift to his Son Rioliard Wliedby And to Lis daughter Debro Whedby John Lilly vars Thomas Houghton In a plea of debt The Court Referd I( to y* Jury y* Jury on tliare oathes Say Wee find It to lx* No Lawful 1 A rest It being Repugnant to the Lawes of england this is a posctif vardet Ordered t lie James fliiget deputy Marshall pay Cost y® Said ffuget Craves An Apele In Chancery He Haven given Securitie his Apele Was Granted. Upon a petition of William Brathct Shewen that Charles Mackdanel is Indepted to Him Eigli pound And He Haven obtained Attachment Against y® estate of y® Said Mackdanel And y 6 Hoggs & Cattel being Attached ordered that William Rrathet be paide his Just dept of eigli pound with Cost of Sute Upon A peticon of Thomas Johnson Shewen that Thomas Nichols is Indepted to Him And y® Said Nichols Assumed to pay to Georg Mathes thirty Shillings And Nine pence that isdoo upon y e book And He Haven Not given y® Said Mathes Credet ordered that James ft'uget boockeper give credit for v® Said Sum ordered that Abraham Hobs Lenord Loftis James Oats And Richard Nowel be overseers of the Hi Waves Ordered that M r Caleb Callew And M r John Barrow Summons John Lilly Robart Harman Johnathun Tailor to Receive y® oath They being Apointed Constabels By the Court. Samuel Nicholson Maken Apeare That he Has Sattisfied His brother Nathaniel Nicholson His part of ye Estate that His ifather Left Him ordered that Samuel Nicholson bond be delivered up. CALEB CALLAWAY RALPH FFLETCHER JOHN BARROW JOHN WHEDBE SAMUEL NICKOLSON July 1697 At a Court Iloulden for this p r cinet at y* Hous of M r Thomas Blunt y® Secont Monday In July 1697 p r sent M r Caleb Calleway Judg Cap 1 Ralph ffletcher M r John Barrow M r Samuel Nicholson Collom ftlyn Proved a Letter of Aturnney of Lorance Hunts and Elizabeth Hunt Collom fflvn acknowledg an asignment of a Patten to John Morgan As he M as Atturnney to Lawrance Hunt and Elizabeth his M i COLONIAL RECORDS. 487 James Hibins and Jane Harbut acknowledg a ded of Sale to Thomas Norcom for t\v Hundred and Eighty acres of Land. John Lilly vars Thomas Houghton In a plea of dept y® Said Houghton confesed Judgment ordered that Thomas Houghton pay to John Lilly forty three Shillings & eigh peence With Cost of Sute. James Oats Attorney to M r Thomas Blunt vars William Man- sell In a plea of dept y® sd Mansell Confesed Judgment ordered that Wil- liam Mansell pay to M r Thomas Blunt thirty two Shilling A two pence With Cost James Oats proved a letter of Aturney of M r Thomas Blunt by Stephen Manwaren. James Oats proved a letter of Atturney of Peter Panel bv y® oth of Stephen Manwaren Edward Homes proved Writs for fifteen ^sons transported Into this County Whoese name are under Wretten vis him Selfe Elizabeth his WifeTho: Homes Edward Homes Juner Edward Homes Sener Eliza- beth his Wife Tho: Homes Edward Homes Juner Sarah Homes Eliza- beth Homes Edward Homes Sener Elizabeth his Wife Thomas Homes Edward Homes Juner John Homes ordered that tfrancis Copen & Timo- thy clave be overseers of the High Wavs. Upon a peticon of Margret Panel Sliewen that hir Husband is de- parted y® County and has Left grate parte of My Estate In Janies Oats Hands Which is Surreptusly detained Ordered That Janies Oats Keep In his Custodie all y® Estate that is mentioned in his bill of Sale till y® Said Panel 1 com and Satisfie v® Court about v® Children Estate Given them by v® Last Will and Testemony of John White desesed CALEB CALLAWAY RALPH EFLETCHER JOHN BARROW SAMUEL NICHOLSON October 1697 At a Court Holden for the precinct of piquemons At the lions of Thomas Blunt y® Seeont Monday In October 1697 p r Sent Cap* Ralph ffletcher M r John Whedby y® 18 th day psent ( 'aleb Calleway Samuel Nich- olson. The Court is Rejoined till Monday next being v* 18 th da COLONIAL RECORDS. 188 Daniel Snuk Acknow A Convaence for two hundred Acres of Land to John Lilly John flowers And Susana his Wife Acknowledg A ded of’ Sale for his plantacon and three Cowes & Cal John Lilly vars David Sharwood In a plea of dept y e said Sharwod Con fesen Judgment ordered y‘ y e Sd Sharwod pay to John Lilly forty shillings y® one half In pork and y® other haf in Indian Corn With Cost of Sute Hiehad Bachelder plaintef vars William Barrow Exeecetor to John Bentley thare being a folt in y® declaration ordered that he be Non Silted And pay Cost Jenkins William And Johanna his Wife Acknowledg An Assignement of part of a patten for on hundred And fifty eigh Acres of Land to Joseph Benet John Spence proved three Rits for three ffsons transported Into this County Whoes names are under Wretten vis him Selfe Cattern his Wife Robart Spence. Alexander Spence proved Rits for five ij^sons transported Into this County hoes names are under Wretten vis himselfe Dorety Spence John Spence Daved Spence James Spence. John Shaw proved on Rite for his transportation John Hancock acknowladged a ded of Sale to Richrd Woolard for three Hundred Acres of Land Diana White vars Daved Harris In a plea of det and y® Said White not apearen ordered that Diana 'White be nonsuted and pay cost Elisabeth Viner And Ann Yiner Acknowledg An Indenter to y e Hon bl Thomas Harvey Es. P. R. O. North Carolina. R. T. Voj,. 4. p. 57.] Gentlemen London 9''® 1 ' y* 3 d 1698 Having this opertunity bv a friend of M r Archdale & mine who In- tends to Inhabit among you I could not omitt letting you know that your Letters are rec d by y® Lords but by reason of y® calling of a new parlianf most of y m being now in y® country you may expect their an- swer & directions ^ first oportunitv after there Rcturne, the most mate- rial matter is that of v® Governor of Virginia settling bv virtue of tin* Kings Comiss 0 Judges of y e Admiralty with you, I have had soyie dis- course with y® Earle of Bathe about it, who very well aproves of your answer to y® said Governors Letter but we were both of v® opinion, that if they will force such a thing upon you, it is better at this time to suffer it, then to give anv occasion of a dispute, this 1 thought titt to acquaint you of my owne head, having not at present y® oportunitv of a better advice by y® next you will have y® opinion of v® board of v® Lords prop 10 " concerning all vour matters, till then I have no more to add but that I am Your most affectionate friend THO: AMY To Tho: Harvey Esq r Deputy Governor and to Our Councell of North Carolina 402 COLONIAL RECORDS. TB. P. R. <). B. T. N. C'a ROX.INA. Vul. 4. p. 58.] BY THE LORDS JUSTICES OF ENGLAND Tho : Cantuar Pembroke Devonshire Dorsett Marlborough To tho right honorable the Lords Proprietors of his Majesty’s Prov- ince of Carolina in America Greeting His Majesty having been informed that the Naval 1 Officers being v® Persons apointed by y® Governours in his respective Plantations in America to take Bonds and give Certificates for clearing of ships have generally neglected to comply with the direc- tion of y® late Act of Parliament for preventing frauds & regulating Abuses in y® Plantation Trade which dos require their giving security to y® Comissioners of y® Customes in England for y e due discharge of their Trust, And it having been farther represented to his Majesty that besides y® security which y e said Navall Officers are obliged by Law to give, it would be very expedient that according to y® constitutions of y e Customes in England which has provided a controule upon y e action of every Offi- cer imployed therein the Concurrence of the Collectors apointed by y® Comis” of y® Customes in his Majesty’s respective Plantations should also be made necessary to so important an act as that of signing Certifi- cates for clearing of ships, His Majesty taking y® same into consideration is hereby pleased to declare his Will and Pleasure, and you are accord- ingly hereby required forthwith to give directions to your Governor that he takes care that y® Navall Officer or officers in His Majesty’s Province of Carolina in America under his Goverrn* doe give security for y® due discharge of his or their Trust to such Person as is or shall be apointed by y® Comissioners of His Majesty’s Customes for that pur- pose according to y® direction of y® foremcntioned Act of Parliament And likewise that he doe not admitt or allow any Certificate signed by y® Navall Officer or Officers aforesaid for y® clearing of ships within His Majesty’s said Province of Carolina in America to be valid and effectual for that end without y® Concurrence of y® Collector apointed there by y® Comis rs of His Majesty’s Customes. Given at Whitehall the 13 th dav of 9 b ® r 1(598 in the tenth year of his Maj ty ’ 3 Reigne By their Excellencys Command JA. VERNON COLONIAL RECORDS. 493 [Records of Perquimans Precinct Court.] April 1698 At A Court Holden for the Precinct of Pequemons At the House of Janies Oats the Secont Monday In Aprill 1698 p'sent M r Caleb Calleway Cap 4 Ralph ftletche M r Samuel Nicholson Daniel Hall proved two Rits one for his transportation And one for his freed um Robart Smith proved on Rite for his transportation into this County And Asigne It to John Dawson John Dawson proved on Rite for his transportation into this County Rose Ingan proved one Rite for hir transportation Into this County And Asigned It to John Dawson Mager Samuel Swann vars Stephen Manwaren In A plea of debt y® Sd Manwaren Confessed Judgment ordered that Stephen Manwaren pay to Samuel Swann thirty three Shilling And fower peence W ith Cost Ales Excecuti Cor 11 William Wilkinson And Cap 4 Henderson Walker Excetors of Alex Lillington desesed vars Jonathan Batman In a plea of debt y® Sd Batman Confesed Judgment ordered that Jonathan Batman pay to Capt Henderson Walker thirty Shillings in Pork W ith Cost ordered that Thomas Norcom be overseer of y® high W ay from v® Brig that y® Chowans Men Makes over yoapim River to y® Indien Crick And to Make A brig over y® Crick And to Mark And Cleare to y® next maine Rode not Inieren no Man’s Plantation and to Mark And Cleare Along v® ould Roade to Jeames oatses ordered that Edward Orendal be overseer oi' v® High W aves on y® Est Side of Yoapim Crick ordered that W illiam Booge be Cunstabel one v® Narroes of p i< j ne- mo ns to Suttens And to M r Lakers Crick on y® W est Side CALEB CALLAWAY RALPH FELETCHER SAMUEL NICHOLSON May the Sevent 1698 Abraham Warren Recorded A dark Bay Mare Coidt Which he bough of Margaret Pavel to Run Shoe And hir Increse for v® yous of v® Sd Margret Pavels Children Elisabeth Tederton v" first Conlt William Tederton y® Next Daniel Hall v* Next W illiam Hall next. 194 COLONIAL RECORDS. July 1698 At A Court Houlden for the p'ciuct of piquemon At y® house of M r James Oats y® Seeont Monday in July 1698 j> r sent M r Caleb Calleway Cap‘ Ralph ffletcher M r John Barrow M r Samuel Nicholson William Long And Sarah his Wife Exce to Lawrance Consalvo proved his Will by v® oth of Thomas Noreom And Mare his Wife and Sarah Blank Mary Peterson Excecetrix of Jacob Peterson deccsed Proved his Will by y® ( lathes of James ffruget And Marthe ffruget Mare Peterson Acknowledg a dede gift mad to hir daughter Ann Peterson William Steward vars Thomas Noreom In A plea of v® Case And both parties bein agreed ordered that Tho: Noreom deliver the Cow And yearling to y® Sd Steward he paying to v® Sd Noreom on hundred pound of good tobacc With Cost Ales Excecution Samuel Hearst proved Kits for fower ^sons transported Into this County Whos Names are under Written vis himselfe Jane Chaddoek John Doughatre Jane Jane Daughatre Hennery Norman proved Rites for eight ^sons transported Into this County Whoes Names are under Wreten vis him Selfe Mary his Wife Andrew Ross Marv Ross Thomas Ross John Simmons Georg Waide James Ross Upon A petition of William Long And Sarah his Wife Shewing y* Lawrance Consalvo hir Sun is ded haven Made A Non quetecall Will It is ordered that William Long have y® Adm r of v® goods And Chat- tel Is of y® Sd Lawrance Consalvo estate haven entred Into bond And Securitie for v® Same Samuel Nicholson And John Nicholson Exce of Joseph Nicholson desesed Acknowledg An Asignement of A Convaance to Andrew Reed Ordered that Jenkins Williams be overseer of y® high Ways on v® Sound Side Ordered that Samuel Charles be overseer of v® high Ways from y® Siprus brig to y® head of Caseltons Creek ordered that Georg Sutten be overseer of y® High Wayes beginen at v® usal place at deep Creek and so to y® Run of Suttens Creek ordered that ffrancis Tomes Juner be overseer of the High Waves from V® Run of Suttens Creek to y® Run of Vosel Creek ordered that Richard Adkinson be overseer of y® High W aves from y® fforrd in Little River to Suttons Creek brigd. CALEB CALLAWAY RALPH FKL ETCHER JOHN BARROW SAMUEL NICHOLSON COLONIAL RECORDS. 495 July y e 12 th Anno 1698 Ralph ffleteher jSener Recorded His Marke being on y e Right Eare a Slet and a Slet and a halfe penney on y e uper Sid and ond y e Left a nick on y e under Sid of y® car July y® 12 th Anno 1698 George ffleteher Recorded His Marke being a crop and a Slet and a halfe peney In y® Rite eare and on y® Left eare a Halfe peney At y® roote on y® uper Side of y® eare Sarah ffleteher Recorded Hir Marke y® 12 th day of July Anno 1698 being a Crop and a Slet on y® Rite eare and a halfe peney And a Nick on y® under Side of y® Said eare. July y® 12 th Anno 1698 Margret ffleteher Recorded hir mark being a Crop and a Slet and a halfe peney and a nick on y® under of y® Right eare and in y® Left eare a Slet. July y® 26 th Anno 1698 Robart Dugles Recorded His Marke being a Swollofork And A Hole In y® Right eare and an over Keele In y° Left ear July y® 27 Anno 1698 John Hawkins Recorded his mark being a Crop on the Left eare and an under Keele on the Right Eare October 1698. At A Court Holden At the house of M r James Oats the Secont Mon- day In October 1698 p r sent M r Caleb Callaway M r John Whedby M r John Barrow M r Samuel Nicholson Mistrcs Elisabeth Swann y® Wife of Mager Samuel Swan v® Rellock of Cap 1 John tfendall decesed Acknowledg A deed of Sale for A tract of Land in Chowwan to Capt Henderson Walker barin date v® 18 Day of May Anno 1698 Mager Samuel Swann Acknowledg A dede gift to Capt. Henderson Walker for the yous of Mistrcs Elisabeth Swann Elisabeth Gardner y® Rellock W illiam Gardner desesed p r sented hir selfe before y* Court to bind hir Son William Gardner to y® Hon bl Govener Thomas Harvi or his Heires tliav Ingagen to Learn him to Reed \\ hieh In or to A as doon till In' comes to v® Age of Twenty on veares he being live years ould now a fortnite before Crismas M r Caleb Calloway proved A Letter of Attorney of James Hogg And Ann Hogg by y® Oates of William Long And Sarah Long M r Caleb Calleway Atturnney to James Hogg And Ann Hogg Acknowledg An Asignment of A Convaenee for Land to Thomas Long Ordered that Timothy Clare lx 1 overseer of y® High W ay from y® Runn of hoses Creek to y® place Covenant to make A brig At y* head of v® river And 'psons that are Willing Are requiered to Assist In y® Mak- ing of y® brig COLONIAL RECORDS. 496 Ordered that James ffishei: be sepened lx*fore M r Caleb Calleway And M r John Barrow to Answer a Coniplant mad by the Constable And to Sq >ene Thomas Norcom An Evedence M r Caleb Calleway Atturney to James Hogg And Ann his Wife provet thare Letter of aturnev by William Long and Sarah Long CALEB CALLAWAY JAMES BARROW JOHN WHEDBE SAMUEL NICHOLSON 1699. [B. P. R O. B. T. N. Carolina. Vol. 4. p. 59.] ORDERS AND INSTRUCTIONS TO OUR RIGHT TRUSTY AND RIGHT WELLBELOVED, OUR RIGHT TRUSTY AND WELLBELOVED OUR TRUSTY AND WELLBE- LOVED THE LORDS PROPRIETORS OF CAROLINA IN AMERICA IN PERSUANCE OF SEVERAL!, LAWS RE- LATING TOY' TRADE AND NAVIGATION OF THIS OUR KINGDOMS OF ENGLAND AND OUR COLON YS & PLAN- TATIONS IN AMERICA GIVEN AT KENSINGTON Y* 22 d DAY OF JANUARY IN Y e TENTH YEARE OF OUR REIGN E. William R Youshallgivedireetionsand take especial I care that v®Comanderin chief of our Province of Carolina for y® time being doe in y® first place informe himself of y e Principall Lawes relating to y® Plantation Trade vizt. The Act for incouraging and increasing of shipping and navigation made in y® 12 th year of our most Dearly Beloved Uncle of ever Blessed Memory King Charles v® Second, The Act for preventing frauds and regulating Abuses in y e Customes made in y e 1 4 th yeare of y® said King’s Reigne ; The Act for Encouragem 1 of trade made in y® 1 5 th year of y e said King’s Reigne; The Act for regulating Plantation trade made in y® 22 d and. 23 d year of y® said King’s Reigne; The Act for y® Encouragem* of y® Eastland and Greenland Trade and better securing y® Plantation Trade made in y® 25 th veare of y® said King’s Reigne, and y® Act for COLON I A L I i ECOR DS. 41)7 preventing fraudes and regulating abuses in y® Plantation trade made in y® 7 th and 8 th year of our Reign All which Lawes you will herewith re- ceive, and that he take a Solemn Oath to doe his uttmost that all y° Clauses matters and things contained in y e before Recited Acts of Parl mt heretofore passed and now in force relating to our Colonys and Planta- tions be punctually observed according to y® true Intent and meaning thereof. 2 dly And as by y® last recited Act y® Officers a pointed by y® Governors for performance of certain things mentioned in v® aforesaid Act for y® Encouragem 1 of Trade comonly knowne by v® name of Navall Officers are to give security to v® Coruis” of Our Customes in England for y® time being or such as shall be apointed by them for our use for y® true and faithfull Performance of their Duty and shall take care that y® per- son by him so imployed do not only give such security to y® said Comis" of our Customes but be approved of by them in manner as is thereby enjoy ned. 3 dly Whereas by y® said Act of Navigation no goods or Comoditys whatsoever are to be imported into or exported out of any of our Lands Islands or territorvs in America in any other ships or vessels whatsoever but in such as do truly and without fraude belong to our People of Eng- land Ireland Dominion of Wales, or towne of Berwick upon Tweed or are of y® built of and belonging to any of our Islands s d Lands or terri- torvs as v° Prop” and right owners thereof, and whereof v® Master and three fourths of y® Marriners at least are English under y® forfeiture and loss of all v® Goods & Comoditys which shall be imported into or ex- ported out of any of y® said places in any other ship or vessell as also of y® ship or vessell with her Guns and furniture &c, and whereas by a Clause in v® aforesaid Act of fraudes no forreigne built ship (that is to sav) not built in any of our Dominions of Asia, Africa or America or other then such as shall bona fide have been bought before v® first day of October 1()(>2 and expressly named in a list thereby appointed to be made of all forraigne built ships in all y® ports of England shall enjoy y® privilege of a ship belonging to England or Ireland, altho’ owned or mann d by English, except such ships onely as shall be taken at sea by letters of Mart or Reprizall and condemnation made in y® Court of Ad- miralty as lawful Prizes, But all such ships shall be deemed as Aliens ships, and be lyable to all Dutves that Aliens ships are liable to, bv vir- tue of y® aforesaid Act for y® encouraging and increasing of shipping and Navigation and whereas by a Clause in y® aforesaid Act for preventing fraudes and regulating Abuses in y® Plantation trade, ’tis enacted that 59 COLONIAL RECORDS. 198 after y® 25 th of March 1698 no Goods or Merchandize whatsoever, shall be imported into or exported out of any of our Colonys of Plantations in Asia, Africa or America or shall be loaden in or carrved from anyone Port or place in y® same our Kingdom of England, Dominion of Wales or Towne of Berwick upon Tweed in any ship or bottom but what is or shall be of y® Built of England or of y e Built of Ireland or of y® sayd Colonys or Plantations and wholly owned by y® people thereof or any of them, and navigated with y® Master and three fourths of y® Marriners of y® said Places onely except such ships onely as shall be taken prize and condemnation thereof made in one of our Courts of Admiralty in Eng- land, Ireland or y® sayd Colonys or Plantations as aforesaid, and whereof y® property dos belong to English men with an exception for 3 years to such foreign built ships as shall be implored by y® Comissioners of our Navy for y® time being or upon Contract with them in bringing onely Masts, Timber, and other Navall stores for our service from our Colonys or Plantations aforesaid to this our Kingdome to be navigated as afore- said and whereof y e property dos belong to English men on y® paine of y® forfeiture of y® ships and goods And whereof by another Clause of y® said Act for y c more effectuall prevention of frauds which may be used by colouring foreigne ships under English names tis further enacted that from and after y® 25 th of March 1698 no ship or vessel 1 whatsoever shall be deemed or pass as a ship of y® Built of England, Ireland, Wales, Berwick, Guernsey, Jersey or any of our Plantations in America so an to be qualified to trade to from or in any of y® said Plantations untill y® Person or Persons claiming property in such ship or vessell shall regis- ter y® same in maner thereby apointed. The Comander in chief of our Province of Carolina for y® time being shall take care and give in charge that these matters and things be duely observed in our said Province ac- cording to y® true intent and meaning of y® said Acts, and y® Offences and Offenders prosecuted according to y® directions thereof And where it is required that y® Master and three fourths of y® Marriners be English he is to understand that v® true intent and meaning thereof is that they shall be such during y® whole voyage uiAess in case of sickness Death or being taken prisoners in y® voyage to be proved by y® Oath of v® Master or other chief officer of y® ship and none but our subjects of England, Ireland or y® Plantations aforesaid are to be accounted English 4 thly Whereas by y® said Act of Navigation tis further enacted for every ship or vessell which shall sett saile out of or from England, Ire- land, M ales or Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one Surety to COLONIAL RECORDS. 499 ye® cheif officer of y e Customes of such Port or Place from whence y e said ship shall sett saile to y e value of £1000 if y® ship be of less burden then hundred tons and of y® surae of £2000 if y° ship shall be of greater burden, that in case y® said ship or vessell shall loade any of y® Comod- ityes therein enumerated, vizt, sugar Tobacco, cotton, wooll, Indigo, Ginger, Fustick or other dying wood of y e growth production or manu- facture of any English Plantation in America Asia Africa or any of y® said English Plantations that y e same Comodityes shall be by y® said ship brought to some Port of England, Ireland, Wales or to y e Port or Towne of Berwick upon Tweed and be there unloaden and put on shore (y® danger of y e seas onely excepted) and for all ships coming from any Port or Place to any of y® aforesaid Plantations which by this Act are permitted to trade there that the Governor of such English Plantations shall before y e said ship or vessell be permitted to loade on horde any of y e said Comodityes take bond in maner and to y® value aforesaid for each respective ship or vessell that such ship or vessell shall carry all y® afore- said goods that shall be loaden on board y e said ship to some other of our English Plantations, or to England, Ireland, Wales or Berwick and that every ship or vessell which shall loade or take on bord any of y® aforesaid untill such Bond be given to y® said Governor or Certificate produced from v® Officer of any Custome house of England, Ireland, Wales or Berwick, that such Bond has been duely given there shall be for- feited with her Guns Tackle, Apparell and Furniture to be imployedand recovered as therein is directed, He is to take notice that tho’ by y® said Act v® word (Ireland) is to be inserted in y® condition of y® Bond and permission given thereby to Being y® enumerated Plantation Goods to Ireland as well as to England Wales or Berwick, yet by y® aforesaid Act for regulating y® Plantation Trade (which being expired was revived and now in force (y® word Ireland) is to be left out of y® condition of such Bonds, and he is not to permit! any ships or vessells to loade any of y® enumerated Goods upon any Certificates of Bonds having been given in Ireland, but in that case before they loade any of y® said goods, they are to produce certificates of Bonds given in England, Wales or Berwick under y® hands and scales of y® Customer and Comptroller of our Cus- toms or their Deputys in such Port from whence y® respective ships shall come syned also by four or more of y® Commissioners of our Customes in Ireland or to give bond to himself or y® person apointed to receive y® same with good security as aforesaid and if any ship or vessell shall trade or take on bord any of y® said Comodityes untill such Bond given or Certificate produced y® said ship or vessell is to be forfeited with her guns &c to be recovered and divided in maner as is thereby directed : COLONIAL RECORDS. 500 5 thlv lie shall carefully examine all certificates which shall be brought to him of ships giving security in this Kingdomc to bring their loading of Plantation Goods hither as also certificates of having discharged their loading of Plantation Goods in this Kingdom pursuant to their Security and where there shall be reasonable Ground of suspition that y® certifi- cates of having given security in England is false. In such case he or y e person apointed under him shall require and take sufficient security for y® discharge of y® Plantation lading in our Kingdom of England Dominion of Wales or at y® towne of Berwick upon Tweed, and where there shall be cause to suspect that y® certificates of having discharged v® lad i no of' Plantation in this our Kingdom is false & counterfeit he shall not cancell or vacate y® security Given in y® Plantations untill he shall be informed from y® Comis" of our Customs in England that y® matter of y® said certificate is true, and if any person or persons shall counter- feit raze or falsify any such certificate or shall Knowingly or wittingly make use thereof he shall prosecute such person for y® forfeiture of y® sume of £500 according to a clause of y® afores d Act for preventing frauds or regulating abuses in y® Plantation trade, and pursuant to y® said Act he shall take care that in all such' Bonds to be hereafter given or taken in y® Plantations vizt. in our Province of Carolina y® sureties therein named be persons of Knowne Residence and ability there for y® value mentioned in v® said Bond be within 18 months after y® date thereof (y® danger of y® seas onely excepted) to produce certificates, of having landed and dis- charged y® Goods therein mentioned in one of our Plantations or in our Kingdom of England, otherwise to attest y® copy of such Bond under his hand and seale, and to cause prosecution thereof. 6 thly He is to understand that y® pavin' 4 of y® rates and Dutys imposed (by y® Aforesaid Act for y® Encouragem 4 of y® Eastland and Greenland Trade and for y® better securing y® Plantation trade) on y®severall Plan- tation Comodityes therein anumerated dos not give liberty to carry y® said goods to any other place then to some of our Plantations or to Eng- land, Wales or Berwick onely, and that notwithstanding y® payment of y® said Dutys, Bond must be given to carry y® said Goods to some of our Plantations or to England, Wales or Berwick, and to no other place. 7 thly He shall every three months or oftner or otherwise as there shall be oportunity of conveyance to England transmitt to y® Comis” of our Customes in England a list of all ships or vessells trading within our said Province according to y® forme and specimen herewith sent to you and he shall cause demand to be made of every Master at his clearing of an Invoyce of y® contents and quality of his lading &c according to y® COLONIAL RECORDS. 501 forme herewith also sent yon and to inclose copy thereof by some other ship, or for want of such oportunity by y e same ship under cover sealed and directed to y® said Comis” of onr Custodies in England and send another copy thereof in like manner to y B Collectors thereof of that Port in England for y® time being to which such ship shall pretend to be bound. 8° Whereof by y® aforesaid Act for y® encouragem 4 of trade no Como- di tys of y® growth, production or manufacture of Europe except salt for y e fishery of New England, & Newfoundland, wines of y® growth of Maderas or western Islands or Azores Servants and horses from Scotland or Ireland and all sortes of victuals of y® growth and production of Scot- land and Ireland shall be imported into any of our Colours or Planta- tions but what shall be bona fide and without fraud laden and sliipt in England, Wales or at Berwick and in ships duelv qualifyed; He shall use his uttmost endeavour for y® due observance thereof, and if contrary hereunto any ship or vessell shall import into our said Province any Comoditys of y® growth production or manufacture of Europe but what are before excepted of which due proof shall not be made that y® same were laden or sliipt in some Port in England, W ales or at Berwick by producing Cackets or certificates under y® hands and scales of y® Officers of our Customes in such Port or Place where y® same were laden, such ship or vessell and goods are to be forfeited lie is to give in charge that y® same be seized or prosecuted accordingly. 9° And in order to prevent y® acceptance of forged Dockets or certifi- cates which has been practised to our great prejudice he is to give effec- tuall orders that all such European Goods as bv y® said Act are to be sliipt or laden in England, Wales or at Berwick, Dockets for y® same from hence be produced to y® Collector or other officers of our Customes in our said Province of Carolina for y® time being before y® unlading thereof. And he shall give order that no European goods be landed but by warrant of y® said Collector in y® presence of an Officer apointed by him, and for y® better prevention of frauds of this kind the Comander in chief of our said province for y® time being shall take care that ac- cording to y® said Act of trade no ship or vessell be* permitted to lade or unlade any goods or Comoditvs whatsoever untill the Master or Coman- der thereof shall first have made knowne to him or such officer or other person as shall be thereunto Authorized and apointed y® Arrival! of s d ship or vessell with her name, and y® name and Surname of her Master and has shewne that she is a ship duelv navigated and otherwise qualifyed according to Law and has delivered to him or such other person as afore- 502 COLONIAL RECORDS. said a true and perfect Inventory of her lading together with y* place or places in which y® said goods were laden and taken into y e said ship or vessel 1 under forfeiture of such ship and goods. 10° He shall not make or allow of any Ry lawes usages or Customes in our said province of Carolina which are repugnant to y® Lawes herein before mentioned or any of y m so far as they do relate to our sayd plan- tations or any of them or to any other Law hereafter, to he made in this our Kingdom so farr as such law shall relate to and mention y e said Plantations But he shall declare all such Lawes, Bylawes, usages or Cus- tomes in our sayd Province, which are anywise repugnant to y c fore- mentioned 'Lawes or any of them, to be illegall, null and voyd to all in- tents & purposes whatsoever. 11° He shall be ayding and assisting to y® Collector & other officers appointed or that shall hereafter he apointed by y* Com" of our Customes in England by and under y® authority and direction of our Lord High Treasurer of England or Com is" of our Treasury in England for y® time being in putting in execution y® several 1 acts of Parliament before men- tioned and he shall cause due prosecution of all such persons as shall any ways hinder or resist anv of our said Officers of our Customes in y® per- formance of their duty. 12° He shall take care that upon any actions suites and Informations that shall be brought comenced or entred in our said province of Caro- lina upon any Law or statute concerning our Dutys or ships or Goods to be forfeited by reason of any unlawfull Importations or Exportations there be not any jury but of such as are Natives of England or Ireland or are born in any of our said Plantations. 13. If he shall discover that any persons or their assignes clayming any right or property in any Islands or Tracts of Land upon y e conti- nent of America by Charters or Letters Patents shall at any time here- after alien sell or dispose of any of y® said Islands, Tracts of Land or Proprietys .other then to our naturall born subjects of England, Ireland, Wales or Berwick without y® Licence and consent of us our heirs and Successors by our or their order in Councill first had and obtained He shall give notice thereof to us or to our Lord High Treasurer of England or Comis" of our Treasury in England for the time being. 14. He shall take care that all Places of trust in y® Courts of Law or in what relates to y® Treasury of our said Province be in y® hands of our Native born subjects of England or Ireland or y® Plantations. 15. He shall from time to time correspond with y® Comis" of our Cus- tomes here in England for y® time being and advize y m of all failures, neg- COLONIAL RECORDS. 503 lects, frauds and misdemeanours of any of y® Officers of our Customes in our g d p rov i nc . e and shall also advize y m as occasion shall offerr of all occur- rences necessary for their information, relating either to y e aforesaid Laws of trade and navigation and to our Revenues of Customes and other dutys under their management both in England and y® Plantations. 16. Whereas by y® aforesaid Act for preventing fraudes and regulating abuses in y® Plantation trade ’tis provided for v® more effectual I preven- tion of frauds which may be used to elude y® Intention of y® said Act by colloring foreigne ships under English names that from and after y® 25 th of March 1698 no ship or vessel] shall be deemed or pass as a ship of y® built of England, Ireland, Wales, Berwick, Guernsey, Jersey or any of our Plantations in America so as to be qualified to trade to, from, or in any of our said Plantations untill y® person or persons clavming prop- erty in such ship or vessell shall register v® same in maner thereby di- rected And whereas bv an Act past in y® ninth and tenth yeare of our Reigne entitled an Act for enlarging y® time for registering of ships pur- suant to y® Act for preventing frauds and regulating abuses in y® Planta- tion trade nine months longer time from y® said 25 th of March 1689 are granted and allowed for y® registring of such ships. And it is provided that all such ships or vessels being registered within y® said nine months shall have and enjoy all such benefit and advantage of y® aforesaid Act as they might or could have had in case they had been registered before y® 25 th of March 1698 The Comander in chief of our said Province for y® time being shall take care that no foreigne built ship be permitted to pass as a ship belonging to our Kingdom of England, Ireland, Wales or to our town of Berwick upon Tweed untill proof be made upon oath of one or more of y® owners before y® Collector or Comptroller of our Cus- tomes in such Port to which she belongs or upon like proof before y° said Comander in chief with y“ principal! Officers of our revenue resid- ing in our said Province if such ship shall belong to our said Province which oath v® said Comander in chief and v® Officers of our customes respectively are authorized to administer in maner thereby directed And being attested by him or them so administring v® same, and registred in due forme according to y® specimen thereunto annexed, he shall not favle immediately to transmit a duplicate thereof to y® Court Comis" of our Customes in London in order to be entered in a general Register to be there kept for that purpose with penalty upon every ship or vessell trading to, from or in any of our said Plantations in America after v® said 25 th of March 1689 and nine months longer as aforesaid and not having made proof of her built and property as by y® forementioned Act COLONIAL RECORDS. 504 is directed that she shall he lyable to such prosecution and forfeiture as any foreigne ship, except Prizes condemned in our High Court of Ad- miralty) would for trading with our plantations by y® said law be lyable unto with this Proviso that all such ships as have been or shall be taken at Sea bv Letters of Mart or Reprisall and Condemnation thereof made in our High Court of Admiralty of England as lawfull shall be regis- tered specially, mentioning y® capture and condemnation instead of y® time and place of building with proof also upon oath that y® entire property is English before any such Prizes be allowed y® privilege of an English built ship according to y® meaning of y® said Act, and that no ships names registered be afterwards changed without registring such ships de novo (which by y® said Act is required to be done upon any Transfer of property to any other Port) and delivering up y® former cer- tificate to be cancelled under y® same penaltys and in like Method and that in case of any alteration of Property in y® same Port by y® sale of one or more shares in any ship after registring thereof such sale shall always be acknowledged by endorsem 1 on the certificate of Register be- fore two witnesses in order to prove that y® entire Property in such ship remaines to some of our subjects of England if any dispute shall arise concerning y® same. 17. And whereas notwithstanding y® many good Laws made from time to time for preventing of frauds in y® plantation trade which have been enumerated in these and former Instructions it is manifest that very great Abuses have been and continue' still to be practiced to y® prejudice ofy® same w ch abuses must needs arise from y® Insolvency ofy® persons who are accepted for security, or from the remisness or conivance of such as have been or are Governors in y® severall Plantations who ought to take care that those persons who give bonds should be duly prosecuted in case of nonperformance. He is to take notice that wee take y® good of our Plantations, and y® Improvem 1 of y® trade thereof by a strict and punc- tual! observance of y® severall laws in force concerning y® same to be of so great importance to y® Benefit of England and to v® advancing ye dutys of our Customes here that if wee shall hereafter be informed, that at any time there shall be any failure in y® due observance of those Laws within our Province of Carolina by any will full fault or neglect on your part, wee shall look upon it as Infraction of those Laws tending to y® forfeiture of our Letters Patent for y® Government of that our said Pro- vince. 1 By his Majesty’s Comand JA. VERNON. COLONIAL RECORDS. 505 [B. P. R. O. Va. B. T. 7. C. 2. (8.)] BOUNDS BETWEEN VIRGINIA & NORTH CARO- LINA ANNO DOm 1699. Att a Councill held at James Cittv the 24 th of February 1698 [-9] The Hon ble Col. Robert Quary from the Hon ble Thomas Harvy Deputy Governour and the Councill of the Province of North Carolina acquaints his Excellency and the Councill that the said Deputy Governour and Councill of North Carolina had received orders from England for sur- veying & laying out the bounds between this his Maj. Colony and Domin- ion of Virginia and that Province of North Carolina and that they would in a short time send some of the members of the Councill to this govern- ment to be joyned with such persons as should be appovnted here to lav out and settle the said bounds A prayed that his Excellency & the Coun- cill would be pleased to appoint A empower such persons as shall be thought necessary for that service to proceed therein when those gentle- men shall arrive to which his Excellency by the advice of this Board did answer that the setling of the bounds between these two Colon ves is a matter of very great importance and publiclc coneerne A most proper to be done by the advice & consent of a general 1 Assembly, that a Generali Assembly was to meet at James Cittv /ipon Thursday the 27 th day of Aprill next A therefore he desired that those gentlemen from Carolina would be by the 29 th of the said month of Aprill and they might then be sufficiently empowered from that governi 1 to lay out and settle the said bounds. Edmond Jennings His Excellency haveing received a letter from the Hon hl ° Thomas Harvy Esq r Deputy Gov r of North Carolina dated the 16 th day of March 60 Present His Excellency William Bird John Light foot 'i Edward Hill Mathew Page Esq" Edmond Jennings j i i May 2 d 1699 Present His Excellency Richard Lee William Bird Edward Hill 506 COLONIAL RECORDS. 1698 wherein he acquainted Lis Excel l cy that he had appointed Daniell Akehurst Esq r '& Capt. Henderson Walker members of their Councill to waite upon his Excellency with .their charter in order to the setting the bounds between these two governments He was pleased to comuni- cate the same to the Councill and also to acquaint them that the said Akehurst & Walker were come to James C ’ i tty & desired that they would consider & advise what was necessary to be done in that affair and what method should be observed in treating with those gentlemen whereupon it was agreed and resolved that before any proceedings were entered into with them it was requisite and necessary to enquire how they were im- powered to treat and conclude with anv such persons as should be ap- pointed by this govern ni‘ and particularly that it may be enquired of them whether their Governour was approved by his Maj ty and had taken the oath according to the Act of Parliam 4 of the seventh and eighth years of the reign of his present Maj ty entituled An Act for preventing frauds and regulating abuses in the Plantation trade & for their better satisfac- tion tis also thought necessary that his Maj. letters Patents appointing his Excellency Francis Nicholson Esq. his Lieid and Govern 1 of this his Colony & dominion of Virginia be communicated to them and in order thereunto the Clerk of the Councill is directed to waite upon them and desire them to be at the Councill Chamber this afternoon. POST MERIDIEM His Excellency and the Councill being acquainted that according to their desire M r Akehurst & Capt Walker were in the Hall ready to wait upon them the said Akehurst A Walker were desired to walke up into the Councill chamber whither being come his Excellency laid his Comicon before them that they might be satisfyed he was fully impow- ered to act under his Maj ty sis Lt. & Gov r Generali of this his Maj. Colony & dominion of Virginia and desired to know of them how they were impowered to act in the affair they came about, whereupon they produc’d a Comicon under the hand and seale of Thomas Harvey Esq" Deputy Govern 1, of North Carolina which being read His Excellency caused the Act of the seventh and eighth years of the reign of his pres- ent Majesty to be read and desired to know whether the said Deputy Governor was qualified according to that Act to which they answered that he was not approved of by the King as that Act directs then his Excellency desired them to withdraw and he would advise with his Maj tys Hon ble Councill what was proper to be done and acquaint them therewith and accordingly they withdrew. COLONIAL RECORDS. 507 Then the Councill entered upon the debate & consideration whether it was convenient to treat any further with those gentlemen from North Carolina and forasmuch as it appears that the Governour by and under whome they are comiconated is not qualifyed according to law the Coun- cill are of opinion that he cannot give sufficient power to any persons to act under him in this affair and to make a finall conclusion and determi- nation thereof and therefore it is not convenient to proceed any further therein at this time but that the Gov r of North Carolina be desired to procure sufficient power and instructions from England for settling the bounds between these two Governments as soon as may be and that there may be the less trouble hereafter, when it is to be done if M r Akehurst and Capt. Walker will agree thereto, It is thought convenient that the Charter of the Proprietors of Carolina be recorded in the Sec" y ’ s office and accordingly the said Akehurst and Walker being called in and ac- quainted with the proceedings of the Councill herein they consented to the recording their Charter and having told his Excellency they would wait his commands by a letter to their Govern 1 they withdrew Ordered that the Clerk of the Councill doe prepare a letter from his Excellency To the Hon ble Thomas Harvy Deputy Govern" 1 of North Carolina acquainting him with the proceedings of his Excellency and the Councill with the Gentlemen from that government and the reasons they have proceeded upon, And also to signify to him his Excellency’s power of making a Judge and other Officers of the Court of Admiralty in that Province, that accordingly they are appointed and if there be any occa- sion for a Court to be held there that his Excellency should be acquainted therewith in order to his giving such directions therein as are necessary. A letter from the Hon ble Thomas Harvy Esq Deputy Governor of North Carolina to his Excellency the Govern" of Virginia May it please yo" Excellency My honored friend Coll Quary hath given me account of yo" Excel- lency’s readiness to concur with us in the setting the bounds between this government and Virginia and also of vo" Excellency’s offering all offices of kindness and good neighborhood towards us for which I shall at all times be ready to express my thankfullness and to concur with yo" Ex- cellency in any thing that may prosecute the same In answer to Yo" Ex- cellency’s Order of Councill I have with the advice of the Councill ap- pointed the Hon bIe Daniel Akehurst Esq A Capt. Henderson Walker members of the Councill to waite upon Yo" Excellency with the Charter 508 COLONIAL RECORDS. at the time proposed by the said Order with full power to setle that affair and am Yo r Excellency’s Humble Servant THOMAS IIARVY North Carolina March the 18 th 1698(-9.) To His Excellency Francis Nicholson Escj. his Maj. Governor of Virginia COPY OF TIIEIIt COIllISSION. North Carolina — ss. BY THE HON ble THE DEPUTY GOVERNOR In pursuance of an Order of Council! bearing date the 16 th day of this instant month of March I doe hereby comissionate and appoint you Daniell Akehurst Esq r & Capt. Henderson Walker on behalf of this Governm* to go to James Citty in his Maj. Colony of Virginia to treat conclude and agree with that government concerning the laying out and setling the bounds between this Province of Carolina and his Maj. Col- ony of Virginia aforesaid according to the charter granted to the Lords Prop" of Carolina hereby fully authorizing you & impowering you to proceed there by such ways and methods as you shall see convenient Given under my hand and seale the 17 th day of March in the eleventh year of the reign of our Soveraigne Lord William the third King of England &c. Annoque D m 1698(-9.) THOMAS HARVY A letter from his Excellency the Governor of Virginia to the Deputy Governour of North Carolina Hon ble Sir Virginia James Citty May 3 rd 1699 I received yours to me of the 16 th of March last in answer to an Or- der of myself in Councill dated at James Citty the 24 th day of Febru- ary last transmitted unto you by Coll Quary pursuant also to what you advise in that letter upon the 28 th of the last month arrived at this place M r Akehurst & Capt. Walker the gentlemen appointed by you & the Coun- cill of your Province to agree upon settle the bounds between His Maj. Colony & Dominion of Virginia '& yo r said Province of Carolina I shall at all times be very ready to doe anything that is requisite on COLONIAL RECORDS. 509 my part for the perfecting of a worke which I take to be so very neces- sary and soe much contributing to the peace A quiet of both these Col- onys But at present it is the opinion of myself and His Maj. Hon ble Council 1 of State for this his Colony and Dominion of Virginia that I cannot safely Comissionate any persons to treat with the Gentlemen from your Province about this affair We have not any designe of delaying soe good a worke but we are desirous that when it is done it may be effect- ual 1 and valid in all time comeing and that we think the Gentlemen appointed by you are not sufficiently qualif'ved to doe. Our reason for this opinion is ground'd upon an Act of Parliament of the 7 th A 8 th years of his present Maj ty entitled An Act for preventing frauds and regulating abuses in the Plantation trade which 1 have given to the gentlemen for your more particular satisfaction herein By this Act it is enacted that all the then present Governors or Comanders in chiefe of any English Colonys or Plantations shall before the 25 th day of March 1(597 take a solemn oath Ac. as in the said Act is more at large directed and by another clause in the said Act it is directed that all Gov- ernours nominated A appointed by any persons or propriet rs who shall be entituled to make such nominaeon shall be allowed and approved of by his Majesty his heirs A successors signified by his or their Order in Couneill and shall take the Oathes enjoyned by this or any other Act to be taken by the Governours or Comanders in Chief in other his Maj. Colonys A Plantations By this Act you may please to observe it is re- quired that you be approved of by His Maj ty to be signified as is afore- mentioned and that you likewise take the said Oathes before you can be sufficiently qualifyed to execute the Office of Governour or Cofiiand r in Chiefe of any Propriety And forasmuch as it doth not appeare that you have complyed therewith we are of opinion that it is not convenient with us to treat with any person or persons by you appointed to agree upon and settle this affair between these two Colonves Therefore all further pro- ceedings therein must for the present be suspended untill von can give an account thereof to those persons for whoiue you are concerned and shall obtein such approbation A qualification as by the Act of Parliament aforementioned is directed and required I on my part shall take care that our proceedings herein may be laid before his Majesty for his further comands thereupon And I hope by the next fall to receive such directions as shall be thought necessary I desire likewise that you on your part will take care to obtaine such qualifications and Instructions as are re- quisite for you By the consent of M r Akehurst and Capt. Walker I have caused the exemplification of your Proprietors Charter to be recorded 510 COLONIAL RECORDS. here, soe that there will not be occasion any more to hazard that upon soe long a journey as to send it hither for our satisfaction therein. I must further acquaint von that by a Comicon under the Great Seale of the High Admiralty of England dated the 26 th of .June in the yeare 1697 directed to Sir Edmond Andros Knt his Maj. Lieut and Gov r Gen- erali of Virginia and to his Maj. Lieut, and Gov r Generali of Virginia for the time being His Maj. hath been pleased to grant to the said Lieut and Gov r Generali of Virginia for the time being power and authority to appoint Judges Registers Marshalls and Advocates for the Admiralty Courts of Virginia, Carolina & the Bahama Islands bv virtue of which said Comicon the said Sir Edmond Andros by several 1 Comicons did ap- point the Hon ble Edward Hill Esq™ Judge Miles Cary Gen Register, Michael Sherman Gen Marshall and John Taylor Gent. Advocate of the Court of Admiralty in this his Maj. Colony and Dominion of Virginia and the Province of North Carolina and I herewith send you copyes of the said severall Comicons for vour better information therein and I doe recomend the same to your care that when any matters shall happen re- quireing the presence & service of the said Judge and Officers you will give me tymely intimation thereof that I may give such directions as shall be necessary therein which is all at present from Yo r affect® friend and humble servant For his Maj ties FR. NICHOLSON speciall service To the Hon Ue Thomas Harvy Esq™ Deputy Governor of his Maj. Province of North Carolina Whitehall. July the 3 rd 1699 M r Thornburgh attending as he had been desired and being asked about the present Governor in Carolina, how it comes to pass that he has not his Maj. approbation as required by the Act for preventing Frauds Ac He said the present Governor is not so by virtue of any Commission or Deputation from the body of the Lords Proprietors but only by virtue of the Constitution as being a Proprietor himself But that the Lords Proprietors are thinking to depute one ere it be long COLONIAL RECORDS. 511 [B. P. R. O. Va. B. T. Vol. 8. D. 55.] N° 45. VIRGINIA North Carolina July 28 th 1699. May it please Yo r Excellency The continual sickness of the Hon ble Thomas Harvey Esq late Dep- uty Governor of which he dyed on the 3 rd of this instant letted him from returning yo r Excell® 7 an Answer to vo r last Now these are to as- sure yo r Excellen cy y' y e Councill acknowledges yo r Excel l cy,a Kindness in putting forward y e business of y® bounds between v® Governments and y' we shall not fade to give y e Lords Proprietors a full account of it and of y e state wherein y® business stands And further we crave leave to represent to yo r Excell cy a very great hardship that hath been lately put upon an Officer of this Govern 1 in Princess Ann County by one Maclen- ahan of y‘ place the ground thereof from the beginning was this. Some years ago y° said Maclenahan came into this govern* and commenced snit against one Fullwood and process was issued out and return made but upon what motives we know not he waived his suit here and obtained an attachment from a Magistrate in y® aboves d County and procured y® Under Sherrif to come to Crow Island in this Governin' 1 and attach y° goods and chattels of y® said Fullwood and complaint hereof being made to a Magistrate in this Government y® Deputy Marshall Win. Bray was commanded to rescue the goods being within the jurisdiction of this Gov- ernment which he accordingly did and took into custody y® Deputy Sherrif till he gave bond for his appearance Ac w° h bond was readily dis- charged upon application made to this Government bv Capt. Cork y® high Sherif of Princess Ann County And it was upon this occasion that S r Edmund Andros raised the dispute about y® bounds of v* Govern' 8 which we hope vour Excel® 7 will sec happily ended Now y® s d Win. Bray makes complaint but v‘ being lately in v® aboves d County he was arrested at y® suit of v® s d Maclenahan for y® rescue he made within y® jurisdiction of this governin' and by command of v® same as afores 4 and was compelled to find surety for his appearance there to answer I therefore with v® ad- vice of y® Council do offer this matter to your Excel® 7 ’ 8 consideration hoping v‘ your Excel oy will grant him relief and not suffer v® Officer to be damnified by doing an Act v‘ he was lawfully commanded within o r Governin' to doe I have nothing further to add not in y® least question- ing yo r Excel® 5 ’ 8 favour herein saving y' all endeavours possible shall be COLONIAL RECORDS. 512 used to raentain an amicable correspondence between y° two govern- ments by Yo r Excellency’s most humble and obedient Servant 1 1 ENDERSt )N W A LK ER I am further informed that some of v® Magistrates of Princess Ann County seem to discourse in those parts as if we had no further than a copy of y® Patent and y* it was no confirmacon which we believe causes this breach I desire if y r Excel® 7 pleases to signify to y* s d Magistrates what y r Excel 07 hath seen of y® patent y* there may be no further trouble I cannot but return my acknowledgin' 8 for y r Excel 07 ’ 8 great favours to me when I was last in yo r government and am heartily glad to hear y' yo r Excel oy ’s noble designs for y® good of y* Country go on so success- fully for 1 am well satisfyed in my own thoughts that Virginia in after ages will be hound to return thanks to y® Allraighty for those generous designs of w oh you have been y® only promoter If any thing in these parts may be serviceable be pleased to lay yo r comands w ch shall be assuredly obeyed by Id EX I ) E RSON \Y A LEER. May it please yo r Excellency Brav being arrested at the suit of Maclenahan for a rescue committed in Crow Island pretended to be in v® govern* of North Carolina but al- leged by y e said Maclenahan to be in the governin' 1 of his Maj. Colony and Dominion of Virginia and y® difference appearing to arise from y® unsettlement of y® bounds between the two Governments I am of opinion y* y® defendant Bray may plead y® special matter either to y® jurisdiction of y® Court or in justification upon which v® triall of y® cause ought to be deferred till y® bounds between y® two governin' 8 are better settled & Known BARTH. FOWLER, Att 7 Gen 1 James Town August 17 th 1699 Norfolk Town. Aug* 22 nd 1699 This letter and report is referred to the Worshipful] his Majesties Jus- tices of Princess Ann County who at y® next County Court are to make a report of y® whole matter to COLON I A L RECORDS. 513 Memorandum That the charter which Daniel Akehurst and Hender- son Walker Esqr produced to me and his Maj. Hon bU Council was an exemplification of y e Charter granted by King Charles 2 nd which ap- peared and is taken by us to be an authentick one It is upon record in y® Secretary’s Office in James City where any per- sons that have a mind may either see or have a copy thereof without any further order from Hon ble Sir, His Excellency being at present very much indisposed with a leaver has commanded me to acquaint you y‘ he has received yo r letter dated at North Carolina 28 th July 1699 ^ M r Kendal and has taken care to doe what in him properly lies in order to redress the grievance complained of by your Goverment in relacon to y e difference between Maclenahan and Bray. He referred y e matter to me as Attorney Gen 11 to which I made a Report according to y° inclosed Copy And since y‘ his Excellency has not only caused a copy of yo r letter and mv Report to be referred to y® Court of Princess Anne County but has certified to v m y‘ y c Charter you produced to Him & his Maj tys Hon bl ® Couneill was in their opinion an authentick exemplification of y° Charter Grant in James City where any person may have a copy thereof without any further Order so y‘ it must be Bray’s own laches if any thing is done to his disadvantage or to y® prejudice of yo r Goverment therein. His Excellency has heard nothing of Mad® Smith and Negros supposed to be run away & harboured in yo r Govern m 4 which he expected he should before this and has allso com- manded me to acquaint you that several servants and slaves are daily running from hence into your Governm 4 and are there concealed w oh he hopes you will take care to prevent by a proclamation to y 4 purpose or such other method as you shall judge most expedient. He allso returns you thanks for yo r good opinion of him & assures you that nothing on his part shall be wanting to men tain the good correspondence you desire Here’s no news etc. Yo r Hon” most humble Servant BARTH. FOWLER Virginia August 27 th . 1699. Copy of a letter to y® Deputy Govern® of North Carolina May it please Yo r Excellency. I received from M r Fowler acc 4 of yo r Excellency’s care in Bray’s business and return you our hearty thanks And as to what M f Fowler 61 514 COLONIAL RECORDS. intimates concerning runaways however the matter may have been mis- represented to yo r Excellency I assure you v‘ neither our laws nor prac- tise deserves such an imputation of evil neighbourhood neither are there any runaways harbored here y‘ we can discover upon diligent enquiry nor shall any such thing be suffered so far as it is in our power to pre- vent it We have (besides statutes against Vagrants) a particular law y‘ injoyns all persons on a penalty to apprehend runaway Negros and pro- hibits y® harboring of them on y c penalty of ten shillings every night over & above all damage y* can be proved & I purpose to recommend it to y e next Assembly if any thing may be done more effectually to pre- vent such a mischief Not long ago information was made to me