|Pages 532-556||Pages 585-595|
| Att a general court held at Middle Plantation, September
Present, the right honourable Herbert Jeffreys, Esqr Governour, &c.
|Information being made to this court that Thomas Gordon and John Bagwell, two persons adjudged by act of assembly for their rebellion and treason to appeare at the county court at Rappahannock with halters about their necks, and upon their kness, to acknowledge their said treasons and rebellions against the kings majestie, did, in contempt of the said law and the kings majesties authority in this his colony, appeare in the said court with small tape (instead of halters) about their necks, which was allowed and accepted of by the magistrates then sitting, not only contrary to, but in high contempt of the good laws and his majesties authority here. It is therefore ordered by this court that major Robert Beverley, clerk of the assembly doe make present inquiry into the truth of such information, and as he shall find the same, hee is hereby ordered, commanded and impowered to summons all parties soe offending whether magistrates or others, and alsoe such evidences to prove the matter as he shall finde needfull to the next assembly, to answeare such high contempt before the right honourable the governour and councell, and house of burgesses, to them such contemers, dispisers and slighters of the laws, upon due conviction, may receive condinge punishment of their fault.||Thos. Gordon & Jn. Bagwell who were adjudged to appear in Rappahannock c't with ropes ab't their necks, were permitted to appear with small tape.|
Whereas William Potts, being enjoyned to performe the law for his rebellion and treason, and hee not performing the same, but instead of a halter about his neck, hee wore a Manchester binding, It is ordered that the sherriffe see the said Potts performe the law,
|Wm. Potts permitted to appear in c'rt with a Manchester binding instead of a rope about his neck.|
| with a halter about his neck, next county court at Rappahannock. and that Potts pay all
those persons charges whoe were sumoned to appeare before the governour and councell concerning
the said Potts, according to act.|
[Sir William Berkeley ceased to be governour on the 27th of April 1677, at which time he was sent for by the king. He died shortly afterwards, as may be inferred from the following copy of his will. After his death a suit was instituted by the widow of William Drummond, who had been executed under a sentence of the court martial, against Lady Frances Berkeley for a trespass in taking from the land occupied by Mrs. Drummond, a quantity of corn. The petition of Mrs. Drummond, the answer of Mrs. Berkeley, and the whole of the evidence, are preserved in a book in the office of the general court, labelled "Bonds, &c." from 1677 to 1682, No. 2, pa. 80, 87 et seq. Mrs. Drummond complains of the cruelty of Sir William Berkeley, in the trial, condemnation and execution of her husband, and of the injustice of Mrs. Berkeley in depriveing her of her corn. Mrs. Berkeley on the other hand, justifies, with great zeal, the conduct of her husband, and endeavours to prove that she was entitled to the corn, in consideration of the labor she bestowed on the plantation of Drummond, (who was Sir Wm. Berkeley's tenant) and the preparations which she had made for the same crop before Mrs. Drummond's return to it, and while it lay in a most ruinous state. A verdict was however, found for Mrs. Drummond. The evidence is not confined to the mere action of trespass, but goes fully into the character of Sir Wm. Berkeley, of Drummond and his wife, during the rebellion, and discloses many curious facts in relation to those times. It is to be regretted that want of room prevents its insertion entire.]
|SIR WILLIAM BERKELEY'S WILL.||Sir W. Berkeley's will.|
|In the name of the Almighty, all Merciful God, Amen.|
I Sir Wm. Berkeley, Knt. and by his sacred majesties favour, now governour of Virginia, being in perfect health of body and mind, blessed be God, doe
| make this my last will and testament, not knowing the hower or moment when it shall
please God, in his justice or mercy, to call me out of this world. And first I desire God, who
gave it, to take my soul into his mercy; and that, for the onely merrits and mercies of my
blessed Saviour Christ Jesus. My body I give to the earth from whence it came.
My goods, I thus dispose of. First, I make my deare and most virtuous wife, the Lady ffrances Berkeley, my full and whole executrix of all the goods God has blessed me with in this world, Next, with my goods, I give to her all my lands, houses and tenements, whatsoever; and not onely to her, but to avoid all cavill, to her and her heires forever.* Next, I give to my dear sister, Mrs. Jane Davies, one hundred pounds sterling, in case it appeares my Dear Wife has three thousand pounds sterling to maintaine her in the quallity of my wife.
Lastly, in contemplation of the friendship and kindnesse of Mrs. Sarah Kirkman, that I may be remembered of so virtuous a good woman, I give her tenn pounds to buy her a ring; and tenn pounds to my cozen ffrancilia, to buy her cloaths for wedding. And I doe further make this declaration, that if God had blest me with a far greater estate, I would have given it all to my Most Dearly beloved wife; for my brother, the lord Berkeley's children, have no want of that little I can dispose of; and to the rest of my kindred
|[From a book in the office of the gen. court lab. "Bonds, Comm's," &c. 1677 to 1682 No. 2, page 140.]|
|* This clause was, doubtless, intended as a sarcasm on the absurd decisions of the English courts, in which it was held, that unless there were words of perpetuity added to a devise of land, the devisee would only take an estate for life, and the fee would descent on the heir at law. These decisions having become a rule of property have been long adhered to in opposition to the individual opinions of the judges as to their propriety; though they have been greatly narrowed by subsequent determinations.|
| It appears from the dispositions of this will, that Sir William Berkeley left no children. −− Lady Frances Berkeley, who seems to have been the widow of Samuel Stephens (See ante pa. 321, 322, 323) when Sir Wm. Berkeley married her, after the death of Sir William intermarried with Phillip Ludwell, but still retained her name and title of "Lady Frances Berkeley." −− A deed from Ludwell and her as his wife, under the name of Dame Frances Berkeley reciting this will, is recorded in the office of the general court Deed Book No. 3, pa. 123.|
|(all but my dear sister Davies) I am farr from haveing any obligation to. I do therefore againe, with my hand and seale, confirme this to be my last will and testament Dated the 2d of Mary 1676,|
|WILLIAM BERKELEY, (Seal.)|
|Upon a review of this will, this 20th of March 1676-7, by Sir Wm. Berkeley, he did, being of perfect memory, publish and declare the same to be his last will and testament, in presence of us.|
|The 22d of November 1678, this will proved in court, and a probate granted the executrix, in the will nominated.|
The 21st December 1681, in Council;
WHEREAS he was pleased by his instruction dated in December 6, 1679, to direct the lord Culpeper to signifie his majestys high resentment of a seditious declaration made by the assembly of Virginia during the government of col. Jefferies, whereby they set forth "that his majesty's commissioners having called for and forced from the clerk of the assembly all the original journals of the assembly, which power they supposed his majesty would not grant them, for that they find not the same to have been practiced by any of the kings of England, and did therefore take the same to be a violation of their privileges desireing with all satisfaction to be given them that they might be assured no such violation of their privileges should be offered for the future." To the end therefore that such unwarrantable proceedings of the assembly may not be taken for a president
|The king expresses his displeasure at the declaration made by the assembly, that the seizing of their papers by the king's commiss'rs was a violation of their privileges.|
|hereafter and seem to have his majestys allowance he declares that as he is graciously
pleased to pardon the persons offending therein, so he does wholly disapprove the said
declaration and directs that not only all records to that effect be taken off the file and rased
out of the books in Virginia, and signifies his roial pleasure to the lord Culpeper to propose a
bill in the next assembly condemning the said proceeding and declaring the right of his majesty
and his officers to call for all the public records and journals whenever they shall think it
necessary for his roial service.* (Bland MS. page 474.)
10th of May 1683.
|The declaration of the assembly ordered to be taken off the file
Ld. Culpeper instructed to propose a bill asserting the power of the king and his officers to call for the assembly's papers.
THAT his excellency left Virginia in August 1680, leaving Sir H. Chicheley deputy governour with instructions which were not made known to most of the council, and the government went quietly on till the usual time of shiping tobacco in the year 1681, and then the traders were obstructed in their traffick under color of an act of assembly made in June 1680, which enjoined them to bring their merchandizes to certain places, and from those places to lade all their tobacco, but several masters and traders not finding any reception or shelter for themselves or merchandize did absolutely refuse to comply with the act, and traded as
|Report of the council as to the state of the country, from 1680
Obstructions to trade by the act of June 1680, concerning towns.
|* Tho' the assembly complain of a violation of their privileges, in forcing all their journals and papers from their clerk, yet it is very evident that he retained many of them. Robert Beverley, who was then clerk, absolutely refused to deliver up the records of the assembly, without orders from that body. For his refusal he was persecuted and imprisoned by order of the governor and council, refused the benefit of the habeas corpus, and even at his death in 1687, all the papers were not obtained from him; for the governor and council in that year, made an order directing them to be taken from his widow. His firmness at the commencement of this business cannot, however, be reconciled with the abject submission which he appears afterwards, in 1684, to have made; and which is recorded in the office of the general court in Deed Book No. 3, pa. 130. Papers relating to Beverley's case are reserved for the third volume.|
|they used to do, for which they suffered much inconvenience and trouble, the prosecution being cheifly managed by such persons and their instruments who had a particular regard to their own interests, whereby trade was greatly discouraged, and the best part of the country dissatisfied; afterwards the same persons insinuated with the easiest sort of people how advantageous an act for a cessation of planting for one year. Many people in 3 or 4 counties sign a petition to the governour to call an assembly for that purpose which were favourably, thereupon an assembly summoned without advice of council to meet in April 1682, which met accordingly, but after some time spent in fruitless debates were dissolved and another summoned. Then many persons in Gloster, New Kent and Middlesex petitioning counties fall to cutting up tobacco plants, to prevent which the deputy governour issued several proclamations, the chief actors being inconsiderable people they forbore prosecution, hoping that time would discover the authors and contrivers of this scheme.||Petitions for calling an assembly, for a suspension of planting
Assembly summoned without order from council, in April 1682, but adj'd. without doing any thing.
Inhabitants of certain counties fall to cutting up tobacco plants.
|The present state of the country extremely poor, people not able to buy common necessaries whereby they are led to believe all suggestions, how impracticable soever; at peace with the Indians, but obliged to keep some forces in pay to prevent sudden mischiefs. Propose that the Indian trade should be confined and by his majesty's direction put into the hands of one or 2 persons men of integrity and ability for 5 years, and they to pay for the same towards supporting the government. That no Indian should be a slave, that the bounds of the country may not be encroached on as had been attempted by the government of Carolina and lord Baltimore. They propose for lessening the quantity of tobacco that none should be planted after the 24th of June, and that Maryland may be under the same restriction; and for better security of the country that a garrison and sixty soldiers may be maintained, which would prevent disorders or suddenly suppress them. They supplicate his majesty that he would for the security of the country against pirates direct that a man of war ketch with 12 guns and 40 men be appointed to attend upon the government, whereby many frauds in the exporting tobacco to the plantations||State of the country very poor.|
At peace with Indians.
As to Indian trade.
That no Indian be made a slave.
For preserving the boundaries of the colony.
For reducing the quantity of tobacco.
Petition the king for a vessel of war.
| might be prevented. That whereas his majesty had granted all the quit rents of the
southern part of this colony to the lords Arlington and Culpeper for a certain term of years,
that his majesty would be pleased to give those noble lords something in lieu, and appropriate
the quitrents together with all escheats to the use of the government. That his majesty would be
pleased to take under his consideration the act for towns and signifie his will and pleasure to
the next assembly. And whereas there are many contingent charges which are to be paid for the
support of the government by the assembly, there being no standing revenue to discharge the same,
and the burgesses wages and their officers salarys commonly excede the whole public
Therefore they propose that his majesty will be pleased to direct the general assembly that some more easier method may be settled for discharging the public debts and to provide that the governour and council may be impowerd to raise 20lbs. tobacco per poll for the paying the public debts, and the tobacco so levied for to be accounted for to the next assembly, which would be no greater power than the justices have in every county.
Grant to l'ds Arlington and Culpeper.
Escheats and quitrents.
Act for towns.
|May 4th, 1683.|
January 31st, 1682-3.
| FORASMUCH as by the 13th cap. of the Statue of
Gloster,* it is provided that after such time as a plea shall be moved, in any
court of writ, the tenant shall have no power to make any wast or estrepment of
||Waste prevented by the sheriff, pending a suit.|
|* This was the statute 6 Edward, 1 ch. 13, which is literally adopted in our code. See 1 Rev. Code, Ch. 139, § 8, page 277. See also Cay's abridgmt. vol. 1, tit. "Estrepement."|
|the land in demand, hanging the plea, and if he do, the court in which the action depends shall cause it to be kept, at the suit of the demandant. And whereas there are several suits depending in the general court, between Col. Leroy Griffin and Major Lewis Burwell, plts. and Ralph Wormley Esqr. deft. about the title of what lands Lt. Col. John Burnham died seized, and the 5th day of the next general court being appointed for the final determination of the same; the sheriff of Middlesex is commanded to see the said statute fully observed, by going personally to the messuages and tenements of which the said John Burnham died seized.|
|[From a book in the office of the General Court, labelled, Bonds, &c. from 1677 to 1682, pa. 47.]|
TRUSTY and well beloved wee greet you well. Whereas by our letters of the 25th day of August last past, wee gave you to understand that upon the death of Sir Wm. Berkeley late Governor of Virginia wee had declared Thomas Lord Culpeper Governor of that our colony and plantation in conformity to our Letters Pattent formerly granted unto him for the same, and that he was accordingly to enter upon and enjoy the sallary of Governor from the time of the said Sir Wm. Berkeleys death. Yett to manifest our favourable and gracious intentions towards you we were pleased to declare that you should be noe looser thereby and that noe part of the sallary you now receive should be abridged soe long as you continued in that government. Wee have now thought fitt further to explain ourself in that matter and hereby to give you notice how wee have accomodated the several payments to be made unto you both, to wit, that the said Lord Culpeper shall be paid out of the receipt of our exchequer here after the rate of twelve hundred pounds by the yeare since the time of Sir Wm. Berkeleys death until the 25th of March next ensueing the date
Letter from king Charles II. to Herbert Jeffreys, Esq. announcing the appointment of Lord Culpeper, as governor of Virginia.
|of these presents. And that you shall receive proportionably to the like sum out of the pay appointed for the Governor in Virginia until the said 25th day of March but that from and after that time, vice versa the Lord Culpeper shall be paid wholly in Virginia and you in England for soe long as you shall after that day continue in that service. After which day you are not to intermeddle with any receipts or revenues in Virginia but to let the same remaine in statue quo untill the arrivall of the said Lord Culpeper to whom also wee have thought fitt that all the perquisites belonging to the Governor since Sir Wm. Berkeleys death (as alsoe all arrears not actually received by you before notice hereof) be reserved to be had received and disposed of by him the said Thomas Lord Culpeper. Wee doubt not of your ready compliance with our pleasure herein signified. And so wee bid you farewell. Given at our Court at Whitehall the 27th day of December 1677 in the nine and twentieth yeare of our raigne.|
Patent appointing Thomas Lord Culpeper, baron of Thorsway, governor of Virginia.
[From a book in the office of the General Court, labelled Bonds, &c. from 1677 to 1682, pa. 282, 283.]
|CHARLES the Second by the grace of God King of England Scotland ffrance and Ireland King Defender of the Faith &c. To all to whom these presents shall come Greeting. Know yee that wee for and in consideration of the many good faithfull and acceptable services done and rendered unto us from time to time, as well in forraigne parts as within our dominions by our right trusty and well beloved Thomas Lord Culpeper baron Thorsway eldest son and heir of our late right trusty and well beloved Councellor John Lord Culpeper deceased of whose memory and services we alsoe retain a gracious and favourable sence and for divers other good causes and considerations us||Patent appointing lord Culpeper governor of Virginia.|
|thereunto esspecially moving of our esspecial certaine knowledge and meer motion, have given and granted and by these presents for us our heirs and successors doe give and grant unto the said Thomas Lord Culpeper the office of our Lieut. and Governor General of all that our colony and dominion of Virginia in America with all the rights members and appertenances whatsoever, and him the said Thomas Lord Culpeper our Lieut. and Governor General of all our said colony and dominion of Virginia in America and of all the rights members and appertenances whatsoever we for us our heirs and successors do make ordaine constitute and appoint by these presents, To have hold occupie possesse and enjoy the said office of our Lieut. and Governor General above mentioned with all and singular the rights authorities preheminences jurisdictions proffits sallaries and appertenances whatsoever thereunto belonging and appertaining unto him the said Thomas Lord Culpeper to be executed by himselfe or in his absence by such deputy or deputies as we our heirs and successors shall and will commission thereunto from time to time from and imediately after the death surrender fforfieture or other avoidance of Sir Wm. Berkeley our present Govr. there for and during the natural life of him the said Thomas Lord Culpeper. And for the better support of the dignity of the said office wee do for us our heirs and successors give and grant unto the said Lord Culpeper the yearly fee and salary of one thousand of one thousand pounds of lawfull money of England during his natural life which for us our heirs and successors wee do appoint to be paid from time to time to the said Lord Culpeper and his assigns during his natural live aforesaid out of the first revenews and monies which are or shall be from time to time raised there for the support of the Government and payment of our officers of our said colony and dominion by quarterly payments upon the feast day of St. John the Baptist St. Michal the Archangel the nativity of our Lord God and the annunciation of the Blessed Virgin Mary by equal portions. The first payment thereof to begin and be made upon the first of the said feast days which shall next immediately ensue the death surrender fforfeture and other avoidance of Sir Wm. Berkeley and also all such other fees sallaries allowances profitts|
|perquisites powers authorities priviledges preheminences and jurisdictions whatsoever civill and military as to the said office of our Lieut. and Governor General do and ought to appertaine and in as large and ample manner to all intents and purposes whatsoever as the said Sr. Wm. Berkeley or any other persons hath do or ought to execute and enjoy the same. And lastly we hereby strictly charge and command all our officers ministers and subjects whatsoever in or about the said collony or dominion of Virginia to bee at all and on all occasions obedient aydeing and assisting to the said Thomas Lord Culpeper and such deputy or deputies as shall bee commissioned by us our heirs or successors from time to time as aforesaid touching the due execution of the said office and employment and all the matters and things herein specified according to the tenor purport and intent of these presents any former grants commissions instructions or any other matter or thing whatsoever to the country notwithstanding. Although express mention of the true yearely value or certainty of the premisses or any of them or of any other gifts or grants by us or any of our progenetors or predecessors heretofore made to the aforesaid Thomas Lord Culpeper in these presents is not made or any statute act ordenance provision proclamation or restriction heretofore had made published ordeyned, or provided or any other thing cause or matter whatsoever to the contrary thereof in any wise notwithstanding. In witness whereof wee have caused these our letters to be made pattent. Witness ourselves at Westminster the eight day of July in the seaven and twentieth yeare of our reigne.|
|Per Breevi privato Sigillo −− duplex.|
| James City May the 10th 1680.|
This commission publickly read in Court and Recorded in the Secretarys office.
|Teste HEN. HARTWELL, Cl. Ct.|
The oath of the Governor.
|YOU shall well and truly, according to the best of your skill knowledge and understanding execute and||Oath of governor.|
| performe the place and office of Lieut. and Governor General of the colony and
plantation of Virginia according to a commission granted you by his Majestie bearing date the
eight day of July in the seaven and twentieth yeare of his reigne. And observe such orders and
directions as you shall receave from the King or by his appoyntment from the Laws of his
Majesties Privy Counsell touching and concerning the well ordering and government of that
The 10th of May His excellent Thomas lord Culpeper was sworn Governor.
|HEN. HARTWELL, Clk. Ct.|
The oath of a Councellor.
| YOU shall swear to bee a true and faithfull servant unto the King's
Majestie as one of his Councel of state and to bee aiding and assisting to his Lieut. and
Governor General of Virginia you shall in all things to bee moved treated and debated in the
counsell faithfully declare youre minde and opinion according to your hart, and conscience and
shall keepe secreet all matters committed and revealed unto you concerning the same and that
shall bee treated secretely in the councell untill such time as by the consent of his majesties
Lieut. and Governor general and the full consent of the counsell of state there resident or the
major part of them publication shall bee made thereof you shall to youre utmost beare faith and
allegiance to the king's majestie his heirs and lawfull successors and shall assist and defend
all jurisdictions preheminences and authority granted unto his majestie and annexed unto the
crown against all forreigne princes persons prelates and potentates whatsoever and generally you
shall act and doe in all things as a faithfull and true subject ought to doe to his majestie.
And so keep you God, by the holy contents of this booke.
|Oath of councillor.|
|The 10th of May 1680.|
|Were sworne Councellors.|
|HEN. HARTWELL, Clk. Ct.|
|THE names of his majesties councel in Virginia, appointed by his majestie are. Sir Henry Chicheley, Lieut. Governor, Col. Nicholas Spencer, Secretary, Col. Nathaniel Bacon, Auditor, Col. Robert Smith, Col. William Cole, Col. Augustine Warner, Col. Joseph Bridger, Col. Ralph Wormeley, Col John Custis, Major Richard Lee, Col. Rowland Place, Henry Meese, Francis Lee, Esquires, Mr. Tho. Swann and Col. Daniel Parkes deceaced since the appointment. Attested this 10th day of May 1680.|
|And this is our express command that such persons that shall upon due proof appear to have wilfully followed Bacon during the late rebellion be not admitted into office of trust without good reasons for the same. This is a true copy of one of my private instructions communicated by me to the councell, this 10th day of May 1680.|
Recorded pr. HEN. HARTWELL, Clk. Ct.
Grant to Lord Arlington and Culpeper.
[From book in the office of the General Court, labelled "Deeds 1682 to 1689, No. 3, p. 28.]
|CHARLES the Second by the grace of God of England Scotland France and Ireland King defender of the ffaith &c. To all to whom these presents shall come Greeting, Know ye that wee for and in consideration of the many and faithfull services done to our late Royal ffather, of blessed memory, and to us by our right trusty, and right well beloved cousin, and councellor Henry Earle of Arlington our principall||Grant to lords Arlington and Culpeper|
|secretary of state, and by our right trusty and well beloved Thomas Lord Culpeper, Baron of Thorsway son and heir of John late Lord Culpeper deceaced of whose memory and services wee retaine a favourable and gracious sence, and for divers other good causes and considerations as thereunto especially moving, of our especial grace, certain knowledge and meere motion, have given granted and demized and by these presents for us our heirs and successors doe give, grant and demize unto the said Henry Earle of Arlington and Thomas Lord Culpeper their Executors administrators and assigns all that entire tract territory region and dominion of land and water commonly called Virginia together with the territory of Accomack, and all that part of the bay of Chesapeake, that lyeth betweene the same, or any part thereof and all other the rights members jurisdictions and appurtenencies thereof, situate lying and being in America adjoining to the colony and dominion of Maryland towards the north, to the great ocean, towards the east, to the colony and dominion commonly called Carolina, towards the south, and are bounded towards the west by a line leading from the first spring of the great river commonly called Patawomack to the first spring of the river Rappahanock and from thence to the first spring of the great river of Powhatan otherwise called James River, and from thence in a meridian line to the said colony of dominion called Carolina, as also all those other tracts regions dominions and territories of land and water, situate lying and being beyond the uttermost adjacent limitts of Carolina aforesaid, and the westerne limitts of the lands and countries hereby granted, and the uttermost westerne limitts of Maryland, or any of them betweene about thirty six degrees and one halfe, and forty degrees of northerne latitude to the great sea towards the west, as also all islands whatsoever with all or any the limitts and precincts aforesaid or within ten leagues of any the coastes of any of the said territories, together with the soyle of all and singular the premises, and all woods underwoods timber and trees, wayes, mountains, swamps, waters rivers, ponds lakes, pooles watercourses, streames ffishings, havens, ports, harbours, bays, creeks, wrecks of sea, flotson jetson, and lagon, with all sorts of fish whatsoever,||Extent of grant.|
|as well whales, sturgeons and all other royal ffishes as all others whatsoever in the said seas, bayes, lakes, rivers and waters, and all sorts of deere wild beasts and ffowl, of what nature or kind soever and all royal mines and other mines whatsoever, which now are or any time or times hereafter shall be had found or taken within the limitts prescints or places aforesaid, together with the royalty of the said seas and bays afore granted, as also all and singular the premisses or any parts thereof, that during the continuance of this grant shall in any wise escheat or become forfeit, to us our heirs and successors and all and all manner of quit rents, and other rents, payments duties and reservations whatsoever due or payable to us upon any grant of the premisses or any part or parts thereof made by our selfe, or any of our royal predecessors or by the Govenor and Counsill of Virginia for the time being or any other person or persons whatsoever therein including the rent of six pounds thirteene shillings and four pence per annum reserved upon a grant made by us to Henry Earle of St. Alban and others of certain lands bearing date the eight day of May in the one and twentieth year of our raigne, saving excepting and reserving unto us our heirs and successors one full ffifth part the whole in five parts to be divided of all gold mines and gold oare, and one full tenth part the whole in ten parts to be divided of all silver mines and silver oare hereafter to be had or found within the said regions tracts territories and dominions or any or either of them. TO HAVE HOLD POSSESS AND ENJOY all the said entire tract territory region and dominion of land and water commonly called Virginia together with the territory of Accomack, and all that part of the bay of Chesapeake, that lyeth between the same or any part thereof, and all other the rights members jurisdictions and appurtenances thereof and all other tracts regions dominions and territories of land above mentioned together with all the said quit rents, and other rents, payments duties and reservations, and all and singular other the premisses herein before mentioned and intended to be hereby granted with their and every of their appurtenances (except before excepted) unto the said Henry Earl of Arlington and Thomas Lord Culpeper their executors administrators and assigns from the tenth day of March last past before the date hereof|| |
Escheats and forfeitures.
|for and during and unto the full end and terme of thirty and one years from thence next ensueing fully to be compleate and ended, without impeachment of wast, and with full power and libberty to committ wast; to the only proper use and behoof of them the said Henry Earle of Arlington and Thomas Lord Culpeper their executors administrators and assigns and to noe other use intent or purporte whatsoever yielding and paying therefore yearly and every yeare during the said terme to us our heirs and successors the yearly rent or sum of forty shillings of lawfull money of England, att the receipt of the exchequer att Westminster upon the ffeast day of St. Michaell the Arch Angell, and we doe also give and grant unto the said Earle and Lord Culpeper, their executors administrators and assignes to their own proper sue and behoofe without account all arrears of rents the said quitt rents and other proffitts whatsoever of the premisses and every or any part or parts thereof which accrewed or should have been answered or paid to us since the eight day of May which was in the yeare of our Lord one thousand six hundred sixty nine until the day of the date of these presents, with full power and authority either in the name of us, our heirs or successors but to their own proper use, or in their own name or names to sue for recover compound or discharge the same and every or any part or parcells thereof, and our treasurer receivers and all other our officers or other persons that have received the same or any part thereof, or are chargeable therewith are hereby ordered and required to pay the same to them accordingly. AND wee doe further by these presents of our especial grace certaine knowledge and meere motion, for us our heirs and successors give and grant unto them the said Henry Earle of Arlington and Thomas Lord Culpeper their executors administrators and assigns and every of them by themselves or their deputy or deputies full power lycense and authority from time to time, and att all times hereafter, during the said terme of thirty one yeares by Indenture under the seale hereafter mentioned and registered as is herein after prescribed to give and grant in ffee simple unto any planter or planters or other person or persons whatsoever their heires and assigns for ever, or for any lesser estate such parts||For 31 years. |
Grant of arrears of rents & quitrents.
Power to grant lands in fee simple.
|and parcells of the premisses not already granted, as also such parts and parcells thereof as during the said terme of one and thirty yeares shall escheate or by any meanes become forfeited unto us our heirs or successors as they shall think fitt under the yearely rent of two shillings of lawfull money of England at the least to be paid half yearly in specie and not in tobacco or any other comodity for every hundred acres of land that shall be granted, and so proportionably for a greater or lesser quantity, and with such other reservations provisoes and agreements as they shall think fitt, the said rents and reservations to be made payable and payd to the said Henry Earle of Arlington and Thomas Lord Culpeper, their executors administrators and assignes during the said terme of one and thirty years from the respective times of the granting thereof to their own proper use and behoof without accounting to us our heirs and successors from and after the expiration of the said terme of one and thirty yeares, which said grants shall be as good and effectual in the law to the person and persons to whome the same shall be made theire heires and assignes to all intents and purposes, as if the lands therein mentioned to be granted had been granted by ourself under our great seale, or by the Govenor and Councill of Virginia for the time being. AND alsoe wee doe hereby give and grant unto the said Earle and Lord Culpeper their executors administrators and assignes full power an authority to ratifie and confirme all grants heretofore made to any person or persons of any part or parts of the premisses under the rents therein reserved, although there be more land enjoyned by colour thereof than was expressed or intended to be thereby granted which wee hereby declare shall be as good and effectual in the law to the persons or persons and his or theire heires to whome such grants ratifications or confirmations shall be made as if the same had been passed under our great seale of England. AND wee do alsoe of our especial grace certaine knowledge and meere motion for us our heirs and successors give and grant unto the said Henry Earle of Arlington and Thomas Lord Culpeper theire executors administrators and assigns during the continuance of this demise full power lycence and authority under the seale hereafter mentioned to divide and subdivide the said regions tracts territories|
Reservation of 2 shillings per 100 acres.
Power to confirm former grants.
Power to establish counties, parishes, towns, &c.
|and dominions into counties hundreds parrishes tythings townships hamletts and boroughs and to erect and build upon such parts and places as shall to them seeme fitt and convenient, citties towns, parrishes churches colledges chappells ffree schools alm houses and houses of correction, and to endow them with lands tenements goods and chattles, at their free will and pleasure, which divisions and subdivisions, counties hundreds citties parrishes, tythings townships hamletts, boroughs churches, colledges chappells ffree schools almshouses and houses of correction shall be and remaine forever for the better government and ordering the said country and plantation. AND wee do hereby give and grant for us our heirs and successors unto the said Henry Earle of Arlington and Thomas Lord Culpeper their executors administrators and assigns and every of them that they shall be during the said one and thirty yeares sole and absolute patrons of all and every Church and Churches already build, or hereafter to be built and endowed within the regions tracts territories and dominians above mentioned, and shall and may from time to time dureing this demise nominate and present able and fitt persons to be incumbents of the said Churches and masters of the said Colledges, and upon the avoidance of such Churches masterships of Colledges and ffree schools or any of them whether it shall be by death resignation deprivation or otherwise, to nominate and present such other fitt person or persons to such Churches Chappels Colledges and ffree Schools so happening to be void as to them shall seem fitt and convenient with full power and authority from time to time to nominate and under the said seale to constitute and appoint sherriffs escheators surveyors and other officers in the said regions and countries with such orders and instructions from time to time for the said several and respective officers to perform as they shall think fitt, for the settling and collecting the said rents, and otherwise for and concerning the execution of the powers and authorities hereby granted, which orders and instructions they and every of them are hereby commanded and required to perform and execute, which sherriffs and all other officers shall be admitted and sworne after the usual manner used in the said country of Virginia. Provided allways that if the said Henry Earle of Arlington and Thomas|
Churches, Colleges, &c. may be erected and endowed by grantees.
Grantees, patrons of churches.
May present incumbents.
May appoint sheriffs, escheators, surveyors, and other officers.
On failure to appoint sheriffs, how they are to be appointed.
|Lord Culpeper, their executors administrators and assigns deputies and assignes do neglect or omitt to nominate constitute and appoint sherriffs at the usual times, that then and in such case, they shall be appointed and made after the usual manner in the said country, used for the yeare next ensueing such fayler. AND wee herebey also give power and authority to the said Earle and Lord Culpeper their executors administrators deputies and assignes to make ffaires, marketts, parkes, and warrens in any part or parts of the premisses hereby intended to be granted, at theire ffree will and pleasure, and also that they the said Henry Earle of Arlington and Thomas Lord Culpeper their executors administrators and assignes, shall and may erect or make in or upon any part or parcell of the said regions tracts territories and dominians of land any mannors with courts leet, court baron, and view of ffranck pledge and other perquisites and proffitts whatsoever to mannors court leet, court baron, and view of ffranck pledge respectfully incident or in any wise appertaining. AND our further will and pleasure is, and we doe hereby direct ant appoint that there shall be a seale, such as the said Earle of Arlington and Thomas Lord Culpeper their executors adm'rs. or assignes shall think fitt, which they have hereby power to make and alter at theire pleasure to be from time to time used for sealing the said grants and confirmations of lands, constitution of officers, and otherwise touching the execution of the powers and authorities hereby granted. AND also that there be a booke or several bookes or registors kept by such person or persons as the said Henry Earle of Arlington and Thomas Lord Culpeper their executors or assignes shall from time to time during the said terme nominate or appoint, wherein all grants and confirmations to be made by the said Earle and Lord Culpeper their exors. admnrs. and assignes or any of them to any person or persons whatsoever within the regions dominians and territories aforesaid shall be entered and registered. AND wee doe hereby expressly declare that no grant or confirmation of lands shall be good and effectual in the law, until the same shall be registered and entered as aforesaid, and from the time of such registering or entering only and not before, coppies of which grants and confirmations and other|
Power to make fairs, markets, &c.
To erect manors, courts-leet, court baron and view of frank pledge.
Register of patents.
Copies of registered patents to be evidence.
|things certified under the hand of such register shall be admitted in all courts as good evidence thereof, and pleadable in any court of judicature Provided allways, that these presents or any thing herein contained, shall not extend to be construed to extend to impech, or prejudice the said grant to the said Earle of St. Albin and others, or any other grant or grants heretofore made by us or any of our royal predecessors under the great seale of England to any person or persons whatsoever of any part or parts of the said regions territories lands and premicess the rents and duties thereupon reserved being from time to time during the said terme of one and thirty yeares duly paid to the said Earle of Arlington and Thomas Lord Culpeper, their executors administrators or assignes, nor impeach nor prejudice any grant or grants made by the Govenor and Councill of Virginia for the time being to any other person or persons whatsoever now in possession thereof, whereupon there is reserved and paid to us the yearely rent of two shillings att the feast to be paid in specie and not in tobacco nor any other commodity for every one hundred acres of land, and so proportionably for a greater or lesser quantity, and for the better encouragement of the said Henry Earle of Arlington and Thomas Lord Culpeper, their executors administrators and assignes to augment our revenew by granting the said lands we doe hereby for us our heirs and successors grant unto the said Henry Earle of Arlington and Thomas Lord Culpeper, their executors administrators and assignes all and singular rents quitt rents and other advantages to be from henceforth reserved or payable to us our heirs and successors on any grants of lands to be made by them or any of them for and during full end and terme of one and thirty yeares from the commencement of such grants respectively and without accounpt or any rent to be paid or rendered to us, our heirs and successors for the same after the end or determination of this present demise. AND we doe hereby will and strictly charge and command the Govenor and Councill of Virginia, and all judges and other officers and ministers whatsoever now and for the time to come that they and every of them respectively be from time to time aiding and assiting to the said Earle and Lord Culpeper their executors and administrators deputies and assignes in|
Proviso as to former grants.
Grant of quit-rents for 31 years.
Governor and council and others enjoined to enforce this grant.
|all things touching the settling recovery and collecting of the said rents and arrears of rents and proffitts and otherwise concerning the execution of all and every or any the grants powers or authorities hereby granted. AND that the said Govenor and Councill of Virginia doe from henceforth forbeare to make any more or further grants of any lands or grounds within the regions territories or dominians aforesaid or any of them to any planter or planters or any other person or persons whatsoever. AND that the said Govenor and Councill and the treasurer of Virginia and receiver there, and all other our officers and ministers whatsoever from henceforth doe forbeare to receive any the said rents or any way intermeddle therewith or with any part thereof or with any other matter or thing by these presents granted to the said Earle and Lord Culpeper except the appointing of sherriffs in default of the said Earle and Lord Culpeper, any grant commission act law instructions or other authority matter or thing whatsoever to the contrary in any wise notwithstanding. AND wee doe further for us our heirs and successors covenant grant and agree to, and with the said Earle and Lord Culpeper their executors administrators and assignes, and to and with every of them by these presents that att any time hereafter during the terme of one and thirty years upon humble suite made unto us by the said Earle and Lord Culpeper, their executors and assignes that wee our heirs and successors shall inlarge and confirme these our letters pattents with such favorable concessions and grants as may supply any defects herein contained. AND wee doe hereby further nominate constitute and appoint, the said Earle and Lord Culpeper their executors administrators and assignes our commissioners, and doe give them sufficient power and authority during the time and terme aforesaid to execute all and singular the powers and authorities hereby granted or expressed mentioned or intended by these presents. AND lastly wee doe hereby declare and grant that these presents or the inrolment thereof shall be good and effectual in the law to all intents and purposes whatsoever against us our heirs and successors in all the courts of us our heirs and successors and in all other places whatsoever, and shall be construeed and taken most favourably and beneficially for the said Earle and|
No more lands to be granted by governor and council.
|Lord Culpeper their executors administrators and assignes. Notwithstanding the misnaming or not rightly nameing or mentioning of the said regions territories lands and dominians or any of them. And notwithstanding the not reciting or mentioning, or not true reciting or mentioning of any demise or grant, demises or grants heretofore made of the premisses or any part or parts thereof, whether of record or not of record, and notwithstanding any other defect incertainty or imperfections in the presents contained, or any act statute grant, instructions provissions restraint or other matter or thing whatsoever to the contrary notwithstanding, although express mention of the true yearly value or certainty of the premisses, or of any of them, or of any other guifts or grants by us or by any of our progenitors or predecessors heretofore made to the said Henry Earle of Arlington and Thomas Lord Culpeper in these presents is not made or any statute, act, ordinance provission, proclamation or restriction heretofore had made enacted ordained or provided or any other matter cause or thing to the contrary thereof notwithstanding. In witness whereof we have caused these our letters to be made pattents. Wittness our selfe att Westminster the five and twentieth day of ffebruary in the five and twentyeth yeare of our raigne. By writt of privy seale.|
Deed from Lord Arlington to Lord Culpeper.
|THIS INDENTURE made this tenth day of September in the three and thirtieth year of the reigne of our sovereigne Lord Charles the second by the Grace of God of England Scotland France and Ireland King defender of the Faith, &c. Annoqe Domini one thousand six hundred eighty one. BETWEENE the right Honble. Henry Earle of Arlington Knight of the most noble order of the Garter, and Lord Chamberlaine of his said Majesties Household on the first part, and the Right Honorable Thomas Lord Culpeper Baron of Thorseway his Majesties Lieutenant and Governor General of Virginia on the second part. Whereas his said Majesty by his letters pattents under the||Deed from lord Arlington to lord Culpeper, carrying his interest in the territory of Virginia.|
|great seale of England bearing date the five and twentieth day of February in the five and twentieth yeare of his reigne for the consideration therein mentioned did give grant and demise unto the said Henry Earle of Arlington, and Thomas Lord Culpeper their executors administrators and assigns, all that entire tract territory region and dominian of land and water commonly called Virginia, together with the territory of Accomack and all that part of the bay of Chesapeake, that lyeth betweene the same, or any part thereof, and all other the rights members jurisdictions and appurtenances thereof, and the several other tracts regions dominians and territories therein mentioned, as also all islands whatsoever within tenn leagues of any the coasts of any the said territories, together with the soyle of all and singular the premisses, and all woods underwoods timber and trees, mountains swamps waters rivers lakes bays havens ports creeks wrecks of sea fflatson jetson and lagon, whales and royall ffishes whatsoever, together with the royalty of the said seas and bayes, and all royal mines and other mines whatsoever, as also all and singular the premisses or any parts thereof, which during the continuance of the said grant shall in any wise escheat, or become forfeit to his majesty his heirs and successors and all manner of quitt rents, and other yearly rents payments duties and reservations whatsoever due or payable upon any grants of the premisses, or any part or parts thereof made by his said majesty or any of his royall predecessors or by the Govenor and Councill of Virginia for the time being, or any person or persons whatsoever therein including the rent of six pounds thirteen shillings four pence, reserved upon a grant made by his said majesty to Henry Earle of St. Albans and other bearing date the eight day of May in the one and twentieth yeare of his reigne, as also all powers priviledges grants clauses covenants advantages authorities conditions agreements and other things and matters whatsoever mentioned and granted, or intended to be granted by the said letters pattents excepting and reserving as is therein excepted and reserved together with all arrears of the said quitt rents, and other yearly profitts which accrewed since the said eight day of May as relation being thereunto had it doth|
|and may more att large appeare. To have and to hold all & singular the said tracts regions territories and dominians with all the rights members jurisdictions and appurtenances thereunto belonging, together with all and singular the said quitt rents and other yearely rents payments duties and reservations an other the premisses unto the said Henry Earle of Arlington and Thomas Lord Culpeper their executors administrators and assignes from the tenth day of March then last past before the date thereof unto the full end & terme of one and thirty yeares from thence next ensueing, and fully to be compleat and ended att and under the yearely rentt of forty shillings of lawfull money of England payable as is therein expressed as in and by the said letters pattentts remaining on record amongst divers other covenants grants clauses powers advantages authorities conditions and agreements therein contained relation thereunto had it doth and may more fully and att large appeare.|
|NOW THIS INDENTURE witnesseth that the said Henry Earle of Arlington for and in consideration of a competent sum of lawfull money of England to him in hand paid by the said Thomas Lord Culpeper before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge and thereof and of every part thereof doth acquitt and discharge the said Thomas Lord Culpeper his heirs executors administrators and assignes and every of them forever by these presents, and for divers good causes and valuable considerations him thereunto esspecially moving, hath granted bargained sold assigned released and confirmed and by these presents doth grant bargaine sell assigne release and confirme unto the said Thomas Lord Culpeper in his actuall possession now being all the said entire tract territory region and dominian of land and water commonly called Virginia, together with the territory of Accomack and all that part of the bay of Chesapeake that lyeth between the same or any part thereof, and all others the rights members jurisdictions and appurtenances thereof, and the several other tracts regions dominians and territories therein mentioned as also all islands whatsoever within ten leagues of any the coasts of any the said territories together with the soyle of all and singular the premesses and all woods under woods timber|
|and trees mountaines swamps waters rivers lakes bayes havens ports creeks wrecks of sea, fflotson jettson and lagon whales and royall ffishes whatsoever together with the royalty of the said seas and bayes and all royall mines and other mines whatsoever as also all and singular the premisses or any parts thereof which during the continuance of the said grant shall in any wise escheate or become forfeit to his majesty his heirs and successors and all manner of quitt rents, and other yearely rents, payments duties and reservations whatsoever, due or payable upon any grants of the premisses or any part or parts thereof made by his said majesty or any of his royall predecessors or by the Govenor and Councill of Virginia for the time being, or any other person or persons whatsoever therein includeing the rent of six pounds thirteen shillings four pence reserved upon a grant made by his said majesty to Henry Earle of St. Albans and others bearing date the said eighth day of May in the one and twentieth yeare of his raigne as also all powers priviledges grants clauses covenants advantages authorities conditions agreements and other things and matters whatsoever mentioned an granted or intended to be granted by the said letters pattents, together with the letters pattents themselves and all deeds writings and papers relating or belonging to the same, as also all arrears of rents issues and proffitts thereof whatsoever together with all escheates forfeitures and other perquisites granted by the said letters pattents and incurred and grown due at any time since the abovementioned eighth day of May in the one and twentieth yeare of his now majesties raigne to the date hereof, none of which said rents issues profitts, escheates forfeitures, and perquisites have ever been received by the said Henry Earle of Arlington or come to his use or disposall from the very first beginning to this day, and all the esstate right title interest, trust claime property and demand whatsoever, either in law or equity of the said Henry Earle of Arlington unto the above granted premisses or any part thereof by virtue of the said letters pattents, or otherwise howsoever, with full power and authority to the said Thomas Lord Culpeper, his executors administrators and assignes att his and their own costs and charges either in his or their own name or in the name of the said|
|Henry Earle of Arlington his executors administrators and assignes or in their joint names, but to the only proper sue and behoof of the said Thomas Lord Culpeper his executors admrs. and assignes, to sue for from time to time and to use all legall meanes to recover and receive all and singular the above sold arrears of rents issues profitts escheates forfeitures and perquisites and to give receipts and discharges forthe same att the good will and pleasure of him the said Thomas Lord Culpeper his executors administrators and assignes in as large and ample manner to all intents and purposes whatsoever as they may now jointly doe by virtue of the said letters pattents or as if the name of the said Thomas Lord Culpeper had been originally alone inserted therein. TO HAVE AND TO HOLD all the said entire tracts territories and dominians above mentioned together with all and singular the above sold premisses whatsoever, with their and every of their appurtenances to the said Thomas Lord Culpeper his executors administrators and assignes and to noe other use intent or purpose whatsoever, and the said Henry Earle of Arlington for himselfe his heirs executors administrators doth covenant grant and agree to and with the said Thomas Lord Culpeper his executors administrators & assignes and every of them by these presents that it shall and may be lawfull to and for the said Thomas Lord Culpeper his executors administrators and assignes to have hold receive and enjoy to his and their own proper use and behoof all and singular the above sold premisses with their and every of their appurtenances, together with all the arrears of rents quitt rents issues profitts escheates forfeitures perquisites and advantages whatsoever thereof and every part thereof from the first begining (none having ever been received by the said Henry Earle of Arlington to this day) without the lawfull lett suite trouble interruption molestation incumbrance or denyall of the said Henry Earle of Arlington his heirs executors administrators and assignes or any other person or persons claiming from by or under him them or any of them, as also that upon the request and the proper costs and charges of the said Thomas Lord Culpeper his executors administrators and assignes the said Henry Earle of Arlington|
|his heirs executors and administrators shall and will acknowledge seale and execute such other acts conveyances releaces deeds and other assurances whatsoever as he and they shall think necessary for the more perfect conveying assuring and recovery of the above sold premisses and every part thereof with the appurtenances and all and singular the arrears thereof whatsoever. IN WITNESS whereof the said Henry Earle of Arlington and Thomas Lord Culpeper have hereunto interchangeably sett their hands and seales the day and yeare first above written.|
|May 26th 1683 This day Thomas Bachelier came personally before me Nicholas Spencer Esqr. his Majesties Secretary of Virginia and on his corporall oath did declare upon the Holy Evangelists of Almighty God that he saw the Right Honourable Henry Earle of Arlington, signe seale and deliver the within deed as his act and deed.|
|[Lord Culpeper, afterwards assigned his interest to he King. See ante pa. 521.]|
|Pages 532-556||Pages 585-595|