&c. and some few persons embarked with him and sailed to the Summers islands ** But on the way to Eleutheria one Capt. Butler a young man who came in the ship from England made use of his liberty to disturb all the Company when they arrived at one of the Eleutheria Islands and were intended to settle, he made such a Faction as enforced Captain Sayle to remove to another island & being near the harbour the ship struck & was cast away. The persons were all saved save one but all their provisions & goods were lost, so as they were forced (for divers months) to lie in the open air & to feed upon such fruits & wild creatures as the island afforded. But finding their strength to decay & no hope of any relief, Captain Sayle took a shallop & eight men & with such provisions as they could get & set sail, hoping to attain either the Summers Islands or Virginia or New England; and so it pleased the Lord to favor them, that in nine days they arrived in Virginia, their provisions all spent &c. Those of the Church relieved them & furnished them with a bark & provisions to return to relieve their company left in Eleutheria." [Winthrop's History New England, 2, page 335] Rivers S. C., page 386.' Capt: Sayle** leaving Providence sailed along the coast of Carolina where he observed several large navigable rivers and a flat country covered with woods. He attempted to go ashore in his boat, but seeing some savages on the bank of the River he was obliged to drop his design. Hewit S. C. Car. Col., I, page 8. About 1660 Wm. Hilton sailed along the coast to Cape Fear and entered and explored Charles River. THE FIRST CHARTER Granted by King Charles the II to Edward earl of Clarendon &c. * 11665? Since I petitioned for these islands which was six years ago * Capt: Sayle and others obtained a patent, went to an island he called Illutheria, where his ship was wrecked but his people saved. “I saw him after his escape in a small boat of 3 tons, recovering Virginia, where he procured a pinnace of near 25 tons, with which he carried relief to those he left on the islands" * * But understood from said Sayle afterwards that none of them knew the place or were ever there before &c. [Gen'l Desc'n Bermudas and Bahamas] Am. & W. I., 110. Lords Proprietors of Carolina, march 20, 16623. Printed Stat. S. C., I, pages 22, 31. N. C. Records, I, page 21.1 2. That he be allowed until some other way be found for his subsistance twenty shillings weekly to be paid him by Sir Jno. Colleton. 3. That Sir Jno. Colleton be paid from each respective Propryator 25 to be by him disburst as he shall receave ord' from the Major parte of the Propryators. 4. That there be reserved in every setlem' for ye Propryators the quantity of 20000 Acres in such place or places as they or there Agents shall see fitt to take up and that the same be bounded & leyed out for them in ye beginning of each Setle ment. 5. That in each Setlement the Court howses & howses for publique meetings be setled on the land & taken up & leyed out for the Propryators. 6. That mapps be printed of the Province and some declaration drawne to invyte the planters with the conditions before mentioned & both published. [P.R. O. Col. Ent. Bk., Vol. 20, page 1.] N. C., I, 33. SIR JOHN COLLETON TO DUKE OF ALBEMARLE 10 JUNE 1663. May it please your 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 but that there is another like to that Province started by one Mr. Mariot, steward 'For some account of the Lords Proprietors see River's S. C., page 63. 'General George Monk, the restorer of the Monarchy, one of the Lords Proprietors and Palatine of Carolina, died 1670. to the Duke of Norfolk, grounded on a patent granted in the yeare 1629 now above thirty foure years to Sir Robert Heath and by him assigned to the Ancestors of the now Duke of Norfolk weh 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 Mr. 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 certainely 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, weh by the patent to S Robert Heath cannot bee granted them and they cannot settle under the patent least the 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' Grace and the other noble persons concern'd. Yo' Grace's most humble servant, Cockpitt, 10 June 1663. JNO. COLLETON.1 [Col. Papers, Vol. 17, No. 39.] N. C. Rec., I, page 34. STATE OF THE CASE OF THE DUKE OF NORFOLK'S PRETENSIONS TO CAROLINA [inclosed in above letter]. The 13th of 8ber in ye 5th year of King Charles the First was granted to Sir Robert Heath the reagion or Province of Carrolina leying within the latitude of 31 and 36 inclusive upon the condition y ye said S Robert Heath or his assignes plant ye s Province according to such Articles or Instructions as his then Majesty had given him under his sign Manuell & privie Signett signed by his Secretary of State bearing date with the grant afores". Mr. Samuell Vassell had as he pretends an Assignem' from S Robt. Heath for a tearme not yet expyred for ye lattitude of 31 'Another Lord Proprietor. Born 1608; fought for the King, raised a regiment and expended £40,000 in his service; retired to Barbadoes, where he acquired large estates, but returning at the Restoration was made a Baronet. He married Katherine, daughter of William Amy, of Exon. Died 1666. & 33 and ye heires of S' Richard Greenefeild' for ye remayneing part being 34, 35 & 36 who say they never heard of any pretence by Mr. Howard or any of his Ancestors untill within these three monthes, neither hath Mr. Howard shewn any pattent or grant for ye same but pretends by discourse abroad y' ye pattent to S' Robert Heath' was taken in trust by s Heath for some of his Ancestors. Mr. Howard shews no right nor the Artickles or Instructions by weh he was to plant although often sent for by Mr. Atturney Gen" to Mr. Merriott Mr. Howards Sollissiter. Neither hath S' Robt. Heath, Mr. Howard or any of his Ancestors Mr. Rich. Greenefeild or Mr. Vassell or any of their Assignes planted any part of this Province, there being about 35 years past since ye grant. Severall persons have a desire to plant in ye s Province under the pattent granted by his now Maj. to my Lord High Chancellor, ye Duke of Albemarle & others but refusing to plant under the pattent to Sir Robt. Heath & forbare to plant under the latter untill ye first be made voyde least when they have planted they shall receave trouble by ye first pattent by meanes whereof the settlement of that hopeful collony wil be lost. It is therefore to be humbly desired y' his Maj. wil be graciously pleased by an Act of Councell to resume ye pattent to S' Robt. Heath & all Grants from it because they have not planted nor doe not shew ye Artickles or Instructions mencioned in s pattent whereby ye settlem' may goe forward whylst many people have stronge desires to it we will otherwayse dye and hardly be revyved againe. FROM LONDON, AUGUST 1663. AT A MEETING OF London, Thursday, August the 6th 1663. 'Sir Richard Grenville. See also Coxe's Carolana. 'Memoranda by Lord Ashley, 1671? Sir Robert Heath's patent of Carolina is dated 30th October, 5 Car., I. The articles to which it refers of the same date in the Signet Office. If it refers to text, is not extant, makes the patent void. Several references in the patent to the Instructions. The consideration, the propagating the Gospel industria et impensis suis, the honor and profit of the King. There are both articles and Instructions. The first of the date of these presents, the other of a letter to be signed. [S. P. IX, B'dle 69.] A. & W. I., 391. of New England, subscribed themselves as adventurers for the carrying on a plantation in Charles River on the coast of Florida. 1. Whereas a paper in the name of the Right honorable the Earl of Clarendon &c. to whom the whole coast of Florida hath been lately granted &c. hath been sent down to the said adventurers &c. * * * 3. That as they were invited at first to be subscribers to the said plantation of Charles River, by several persons of New England so the great motive that did principally induce them &c. was &c. 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 Florida, & had settled & had 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 foot in that particular harbor and that did find out the entrance and discovery of the said river * * * At present the undertaking of the plantation of Charles River lieth under some obloquy, that hath given a check to it, some that were sent from New England thither, in order to the carrying on the said settlement, being come back again without so much as sitting down upon it; &c. N. C. Rec., Vol. I, pages 36-39. AT THE COURT AT WHITEHALL THE 12 DAY OF AUGUST 1663. His Matie this day taking into Consideracon the State & p'sent Condicon of the Province or Region called Carolina in America & his Grant of the same by his Letters patents under the Great Seale of England, to the Right Honoble the Lord High Chancellor of England, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of the Excheqr' Sr George Carteret Kn' Vice Chamberlain of his Maties Household S' William Berkeley, & S' John Colladon Kn". And upon Informacon that all p'tenders to former Grants of the said Province, haveing been sumoned (according to former Orders of this Board) to bring or send to his Maties Attorney Generall such Letters patents, Writings, or other Evidences as they or any of them had, setting forth their p'tended |