4. It would seem that this is the place where it is proper to speak of the sale which some of the English lightly say was made to them by the natives of the country under discussion, alleging that for this reason they have the right to lordship over it. 5. It is true that the Indian Niquesalla sold to the English the territory of Santa Elena, with all the solemnities of documents, and with the ceremonies of pulling, and planting, and moving earth, which are usual in such contracts. But not having solid and true reasons, it is necessary for them to make use of inventions and unsubstantial and false foundations. The truth of the matter is that the Indian mentioned was not even a native of the country, but was a mere youth belonging to the Chicora nation, who lived in the province of this name to the north of Santa Elena. Being of a captious temper and ambitious for fame, he had made himself a bandit chief and joined the English. After conducting Captain Henry N. [Woodward] and his companions to Santa Elena, he executed the above-mentioned sale with the formality stated. 6. It might be believed that if the English were blameless in this contract and ignorant of the rights of the vendor, they might accept the sale as legal and just, notwithstanding that it was irregular. But, admitting all this, it is not credible that they should not know that for more than a hundred years the King of Spain had enjoyed possession of that territory, and that the recent abandonment by the Spaniards did not despoil his Catholic Majesty of his dominion. Neither is it credible that they would purchase that land with all the formality with which they bought it without previous sound and authentic proof of the hereditary or acquired ownership of the vendor, indispensable requisites to legalize the alienation. And since this was impossible, as he had no right of sovereignty, either near or remote, it is inferred that the English executed the formalities of purchase as mere ceremonies, and that by natural law the sale was null and void. 7. Leaving out of consideration the rights of the Spaniards as conquerors and settlers, which they had not lost through the mere accident of having evacuated the land in question, for every one knows that the owner of a possession is privileged to leave it unoccupied or in disuse if he so wishes, whether or not he has cause for it, without for this reason losing his right of ownership; and, granting that the Indian Niquesalla had the right to sell the land, that is to say, as chief and lord of it, so that the sale would be valid; even then the English would only be owners of Santa Elena and its jurisdiction, and not of Guale, the province farther south, a distinct domain and separate jurisdiction, where Spaniards were actually living, unless the said Indian clandestinely sold this land in the same way that he sold that of Santa Elena, which does not appear to have been done.