Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Instructions to Philip Ludwell concerning the government of Carolina
Carolina. Lords Proprietors.
November 08, 1691
Volume 01, Pages 381-384

[B. P. R. O. Colonial Entry Book. No. 22. P. 194.]

1. Mr Seth Sothell and the people of Carolina having acted contrary to all the fundamentall Constitutions of the Government and Mr Mathews who pretends to be impowered by the people assureing us the people owne none Wee have made yor Instructions sutable to our Charter from the Crowne and the people desiring a power of proposeing in the parliamt without passing the Grand Councell first Wee know no further use of such a Councell wherefore you are to call none such untill the people shall consent the proposeing power for lawes shall be in the Grand Councill as was directed by the Constitutions.

2. Wee haveing heard that the people of Carolina complaine of hardships and greivances that are upon them You are to Inquire what those hardships and greivances are and represent the same to us and what will be fit to be done by us to redress them.

3. Whereas it hath been insinuated to us in a paper signed by Andrew Percivall Robert Quarry Ralph Izzard George Mus-champ John Harris and John Berresford That James Colleton Esqr 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 yor report thereof in writeing And you are to send the depositions

-------------------- page 382 --------------------
whereon yor report is grounded to us And you are to examine upon oath such witnesses as the sd James Colleton or any for him shall produce to be examined for his owne vindication you are also to Inquire what other Injustice or extortion was practised by the said James Colleton dureing his Govermt and report the same to us how you find it.

4. Wee are Informed that some of the Inhabitants of our Province have killd severall of the Indians wch 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 Indicted and tryed for the same according to law and such punishmt Inflicted as the law apoints to such offenders that wee may bee able to acquitt Ourselves to their Majts and make our Justice knowne to the Indians and all the world.

5. You are to make strict Inquiry upon Oath by what authority Mr Berresford and any other acted as Deputy and whether Mr Sothell refused to suffer any to act as Deputy who had deputations under the hand and seale of any of the Proptors and send us the depositions taken in this matter attested by yorself and you are to take notice that there were no Deputations sent by any of the Lords Proptors by Capt. Dodson except a Deputation from Sr Peter Colleton to Capt. Joseph Blake and the blank Deputation in the custody of James Colleton were Instrusted to him to be filled up by himself onely and noe other.

6. 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 duely derived from us you are not to allow of any Judgemt given by him as legall but look upon them as tryed by no legall order.

7. You are to restore Paul Grimball Esqre to all the places he enjoyed under us and out of which he was put and you are to suffer the sd Grimball 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 Matys and fidelity to us you have a good assurance.

9. If you find the number of offendors in the late disorders in Carolina 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

-------------------- page 383 --------------------
of high treason towards their Majtes and willfull murder) but some few of the most notorious and obstinate offendors 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 wch 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 renteing 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 severall 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 Mr Sothell did grant any Com̄ission to Pyrates for rewards or otherwise wch Jonathan Emery knows as wee are Informed who had twenty guineas for procuring a Comission from sd 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 severall Persons in Carolina not desireing to be Incumbred with a rent are willeing to buy their Land for wch reason 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 Surveyor not to run out land for any man North of Santee River untill you shall receive further orders from us.

16. If you find it needfull you are hereby Impowered to apoint a Deputy in North Carolina

17. You are to use yor uttmost endeavour to reduce the people to a sober vertuous maner of life by punishing all debauchery and profaneness

18. If you find there hath been monays illegally collected or extorted from the people you are to cause restitution to be made in a legall maner and with the least disturbances to the quiett of the place as you can

-------------------- page 384 --------------------

19. You are to put none in Office in Carolina that are suspected not to be friend to the prest Govermt here.

20. You are to make strict enquiry upon oath If Mr Sothell did refuse to governe by our Instructions and send the depositions and yor owne report how you find it to us.

21. You are to use yor uttmost endeavor to make a setlemt of a Towne remote from the Sea to be hereafter the seat of the Govermt

22. You are to make strict Inquiry what rents or other payments are due to us and give us an acct 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 Novber one thousand six hundred ninety one.

CRAVEN. Palatine