The death of fome of the first patentees; Lord furrender of the first Hopton's fale; and the patent. Confideration. The grant. fold benefits arifing to the church of God, together with the welfare of multitudes of his loyal fubjects, by the undertaking and vigorous profecution of plantations of foreign parts, and particularly in his dominions of America, by his letters patent, under the great feal of England, bearing date at St. Germains en Ley, the eighteenth day of September, in the firft year of his reign, for the confideration therein expreffed, had given, granted, and confirmed, unto Ralph Lord Hopton, Henry Earl of St. Alban's, by the then name of Henry Lord Jermyn, John Lord Culpeper, John Lord Berkeley, of Stratton, by the then name of Sir John Berkeley, Sir William Morton, one of the Juftices of his court of King's Bench, by the then name of Sir William Morton, Sir Dudley Wyatt, and Thomas Culpeper, their heirs and affigns, forever, all that entire tract, territory, or parcel of land, fituate, lying, and being in America, and bounded within the heads of the rivers Rappahannock and Quiriough, or Potowmac river, the courfes of the faid rivers, as they are commonly called and known by the inhabitants, and defcriptions of thofe parts, and Chesapeake bay, together with the rivers themfelves, and all the islands within the banks of those rivers, and all woods, under woods, timber, and trees, ways, waters, and rivers, ponds, pools, water courfes, fhings, ftreams, havens, ports, harbours, creeks, wrecks of Sea, fish royal, deer, wild beafts, and fowl, of what nature and kind foever, mines of gold and filver, lead, tin, iron, and copper, and quarries of ftone and coal, which then were, or at any time thereafter fhould be had, coming, being, and arifing, renewing, accruing, found, or taken, within the bounds or precincts aforefaid, together with the royalty of hawking and hunting, for themselves, their heirs, and affigns, fervants, and tenants, in and upon the lands and premises aforefaid; faving and referving to him, his heirs and fucceffors, one full fifth part of all gold mines, or gold ore, and one full tenth part of all filver mines, or filver ore, thereafter to be found within the faid tract or territory of land, to have, hold, and enjoy, all the faid entire tract, territory, or portion of land, and all and fingular other the premises, with their and every of their appurtenances, thereby granted or mentioned, or intended to be granted (except as before is excepted) to the faid Ralph Lord Hopton, Henry, then Lord Jermyn, now Earl of St. Alban's, John Lord Culpeper, Sir John Berkeley, now Lord Berkeley, of Stratton, Sir William Morton, Sir Dudley Wyatt, and Thomas Culpeper, their heirs, and affigns, forever, to their only use and behoof, and to no other ufe, intent, or purpose, whatfoever; yielding and paying therefore, yearly, at the feast of St. John the Baptift, to his faid Majefty, his heirs, and fucceffors, the fum of fix pounds thirteen fhillings and four pence, at the receipt of Jamestown, in the dominion of Virginia, in lieu of all fervices and demands whatfoever : Reciting also that the faid Ralph Lord Hopton, John Lord Culpeper, Sir Dudley Wyatt, and Thomas Culpeper, being dead, and the faid Lord Hopton having fold his eftate and intereft in the premiles to Jobu Trethewey, Efq. the faid tract, territory, or parcel of land, and all and fingular other the premises, had been furrendered, together with the faid letters patents, to be cancelled, to the intent that his faid late Majesty might grant them new letters patent thereof, with fuch alterations, provifoes, and claufes, as therein after is expreffed, he the faid late King, in confideration of the said surrender, and for and in confideration of the many and faithful fervices done to his late royal father, of bleffed memory, and to himself, by the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Trethewey, Efq. and for divers other good caufes and confiderations, him thereunto especially moving, of his efpecial grace, certain knowledge, and mere motion, did give, grant, and confirm, unto the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Trethewey, their heirs and af figns, forever, all that entire tract, territory, or parcel of land, fituate, lying, and being in America, and bounded by and within the head of the rivers Tappa. bannock, alias Rappahannock, and Quiriough, alias Patowmar rivers, the courses of the faid rivers, as they are commonly called and known by the inhabitants and defcriptions of thofe parts, and Chesapeake bay, together with the rivers themfelves, and all the islands within the banks of thofe rivers, and all woods, under woods, timber, and trees, ways, waters, rivers, ponds, pools, water courses, fifhings, streams, havens, ports, harbours, creeks, wrecks of fea, fish royal, deer, wild beaft and fowl, of what nature and kind foeyer, mines of goid and fiiver, lead, tin, iron, and copper, and quarries of ftone and coal, which then were, or at any time thereafter thould be had, coming, being, arifing, renewing, accruing, found or taken, within the bounds or precincts aforefaid, together with the royalties of hawking and hunting, for themselves, their heirs and affigns, fervants and tenants, in and upon the land and premifes aforefaid, and in and upon Habendum. The powers granted to every part and parcel thereof; faving, excepting, and referving, to his faid late Majefty, his heirs, and fucceffors, one full fifth part of the whole, in five parts to be divided, of all gold mines, or gold ore, one full tenth part of all filver mines, and filver ore, thereafter to be had or found within the said tract or territory of land, to have, hold, and enjoy, all the faid entire tract, territory, or portion of land, and all and fingular other the premises, with their and every of their appurtenances, thereby granted or mentioned, or intended to be granted (except as before is excepted) to the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Tretheruey, their heirs, and affigns, forever, to their only use and behoof, and to no other ufe, intent, or purpofe, whatfoever; yield. Refervation of rent. ing and paying therefore, yearly, at the feaft of St. John the Baptift, to his faid late Majefty, his heirs, and fucceffors, the fum of fix pounds thirteen fhillings and four pence, at the receipt of Jamestown in Virginia, in lieu of all fervices and demands whatsoever; with power to divide the faid tract or territory of land into counties, hundreds, parishes, tithings, townships, hamlets, and boroughs, and to erect and build cities, towns, parish churches, colleges, chapels, free schools, alms houses, and houfes of correction, and to endow the fame, at their free wills and pleasures; and did appoint them full and perpetual patrons of all fuch churches fo to be built and endowed, with power of electing, nominating, and prefenting, any fit perfon to the office and place of the patentees. mafter of any college, or schoolmaster of any school fo to be founded and endowed; with power alfo to divide any part or parcels of the faid tract or territory, or portion of lands, into manors, and to call the fame after their own or any of their names, or by other name or names whatsoever, and within the fame to hold a court, in the nature of a court baron, and to hold pleas of all actions, trefpaffes, covenants, accounts, contracts, detinues, debts, and demands whatsoever, where the debt or thing demanded exceed not the value of forty fhillings of current money of England, and to receive and take all amerciaments, fines, commodities, advantages, perquifites, and emoluments whatfoever, to fuch refpective court barons belonging, or in any wife appertaining: And further, to hold within the faid manors a court leet, and view of frank pledge, of all the tenants, refidents, and inhabitants, of the hundreds within fuch respective manors, to be holden twice in every year, and to erect fairs, markets, courts of pipowder, with all things incident thereto; and to erect parks for breeding, feeding, and fuftentation of deer, and other wild beasts of chafe: And further, the faid late king, by the faid charter, for himself, his heirs, and fucceffors, did grant and give licenfe to the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Trethewey, their heirs, and affigns, freely and without moleftation of him, his heirs, and fucceffors, to give, grant, or by any ways or means fell or alien, all and fingular the premifes by thefe prefents granted, and every part and parcel thereof, to any perfon or perfons being willing to contract for or buy the fame; to be holden of the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Trethewey, their heirs, and affigns, as of any of their aforefaid manors, in free and common foccage, by fealty only, and by fuit of court, or by any other lawful tenure or terms ufed within the kingdom of England, rendering and paying fuch rents and other lawful refervations, as fhall feem fit and convenient to the faid Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Tretheway, their heirs, and affigns, notwithstanding the ftatute, commonly called quia emptores terrarum, or any other ftatute, act, or ordinance, or provifion, or any other thing, caufe, or matter whatfoever, to the contrary notwithstanding: And further, the faid late king, for himself, his heirs, and fucceffors, did grant to the faid patentees, their heirs, executors, and affigns, to enlarge and confirm the faid letters patent, by granting to them and their heirs other new ones, with fuch favorable conceffions and grants as might fupply any defects therein contained; with this provifo, nevertheless, that the faid letters patent, or any thing therein contained, should not extend, or be conftrued to extend, to infringe, make void, or otherways prejudice, any contract or contracts, grant or grants, whatfoever, theretofore made or granted by the Governor and Council of Virginia, unto any planters, or other inhabitants, then in the actual poffeffion thereof, by virtue of any fuch grants made before the nine and twentieth day of September, in the thirteenth year of his reign; but if any part of fuch lands fo granted fhould efcheat, or be otherwife forfeited, then the faid patentees, their heirs, and affigns, might dispose thereof, for their best benefit and advantage, at their own free wills and Provifo as to feating pleafures; with this provifo alfo, that fo much of the faid granted premises, as within the time and fpace of one and twenty years then next following New patent to te granted. affairs. fhould not be poffeffed, inhabited, or planted, by the means or procurement of the faid patentees, their heirs, or affigns, that then the faid letters patent Patentees not to inter- fhould ceafe, determine, and become void; and laftly, with this further provifo, meddle with military that the faid patentees, their heirs, and affigns, fhould not act or intermeddle in the military affairs or forces of or within the faid tract of land and premises thereby granted, or any part thereof, or with the government or command of any of the caftles, forts, or fortifications thereof, without the order, authority, or command, of the Governor and Council of Virginia, for the time being, or fuch other perfon or perfons as his faid late Majefty, his heirs, or fucceffors, Inhabitants fubject to fhould think fit to difpofe the fame; and that the Governor, Council, and Afthe payment of taxes. fembly of Virginia, for the time being, fhould have full power and authority to impofe and lay any taxes and impofitions upon the faid territories thereby granted, and all the lands and premises thereby meant and intended to be granted, and all and every the poffeffor, inhabitants thereof, for the public and common defence of the faid colony of Virginia, and the territory and lands thereby granted, as upon other parts of Virginia, proportionably, when and And the laws of the co- as often as the neceffity of the faid colony fhould require the fame for the comlony. mon good; and that the faid patentees, their heirs, and affigns, and other inhabitants of or in the premifes, fhould be in all things fubject and obedient to fuch laws and conftitutions as were or fhould be made by the faid Governor, Council, and Affembly, for or concerning the faid colony, or the government thereof; any thing therein before contained to the contrary notwithstanding, as in the faid letters patent more fully is contained. II. AND whereas the late King James II. by other letters patent, under the great feal of England, bearing date at Westminster, the feven and twentieth day of September, in the fourth year of his reign, reciting the above recited letters patents; and that the faid former patentees, their heirs, and affigns, had, by good and fufficient conveyance and affurance in the law, for valuable confiderations, fold, conveyed, and affured, the faid whole tract, territo, and portion of land, and all and fingular the premises, and every part and parcel thereof, and all their eftate, right, title, and intereft therein, together with the faid letters patents, unto Thomas Lord Culpeper, eldest fon and heir of John late Lord Culpeper, deceased, his heirs, and affigns, forever, who was thereby become fole owner and proprietor thereof, in fee fimple, for the confiderations therein mentioned, and did give, grant, and confirm, unto the faid Thomas Lord Culpeper, all that entire tract, territory, or parcel of land, fituate, lying, and being in Virginia, in America, and bounded by and within the first heads or fprings of the rivers of Tappahannock (alias Rappahannock) and Quiriough (alias Patowmack) rivers, the courfes of the faid rivers, from their faid firft heads or fprings, as they were commonly called and known by the inhabitants, and defcriptions of those parts, and the bay of Chesapeake, together with the faid rivers themfelves, and all the iflands within the uttermoft banks thereof, and the foil of all and fingular the premises, and all lands, woods, under woods, timber, and trees, ways, mountains, fwamps, marshes, waters, rivers, ponds, pools, lakes, water courfes, fifhings, ftreams, havens, ports, harbours, bays, creeks, ferries, with all forts of fish, as well whales, fturgeons, and other royal fishes, as all others whatfoever, wrecks of fea, Floatfon, Jetfon, and Lagan, and all forts of deer, wild beafts, and fowl, of what nature or kind foever, and all manner of deodands, goods of felons and fugitives, treafures trove, waifs, ftrays, fines, forfeitures, efcheats, advowfons, royalties, and hereditaments whatfover, with all mines of gold and filver, lead, tin, iron, and copper, and all quarries of ftone and coal, within the limits and precincts aforefaid, which then were, or at any time thereafter fhould be had, coming, being, arifing, growing, renewing, accruing, found, or taken, within the bounds, limits, precincts, or places aforefaid; faving, excepting, and referving, to his faid late Majefty, his heirs, and fucceffors, one full fifth part of all gold mines, or gold ore, and one full tenth part of all filver mines, and filver ore, then being, or which thereafter fhould be had or found, within the faid tract or territory of land; to have, hold, and enjoy, all the faid entire tract, territory, or portion of land, and every part and parcel thereof, and all and fingular other the premises, with their and every of their appurtenances thereby granted or mentioned, or intended to be granted (except as before is excepted) to the faid Thomas Lord Culpeper, his heirs, and affigns, for ever, to his and their only use and behoof, and to no other ufe, intent, or purpofe whatsoever; yielding and paying therefore, yearly, from thenceforth, on the feast of St. John the Baptift, to his faid late Majefty, his heirs, and fucceffors, the fum of fix pounds thirteen fhillings and four pence, at the receipt of Jamestown, in the colony of Virginia, in lieu of all fervices and demands whatfoever, the first payment to be made on the feaft day of St. John the Baptist next enfuing the date of the faid letters patent: And his faid late Majesty did thereby for himself, his heirs, and fucceffors, further give, grant, ratify, and confirm to the faid Thomas Lord Culpeper, his heirs, and affigns, for ever, all and fingular the grants, powers, authorities, privileges, licenfes, and claufes, in the faid herein before recited letters patents mentioned, granted, or conveyed, in as large and ample manner, to all intents and purposes whatfoever, as if the fame, and every of them, had been particularly granted and expreffed in thefe his letters patent, except only the abovementioned provifo; and his faid late Majefty did further, of his efpecial grace, certain knowledge, and mere motion, for himfelf, his heirs, and fucceffors, fully and abfolutely, for ever, release and discharge the faid abovementioned provifo, and every part thereof, and every matter and thing therein contained, in as large and ample manner, to all intents and purpofes whatfoever, as if the fame had never been made, thereby declaring the fame to be null and void; and the faid Thomas Lord Culpeper, his heirs, and affigns, and the tract, territory, and premifes, and every part thereof, to be for ever freed, cleared, and difcharged, from the fame, fo and in fuch manner that the faid Thomas Lord Culpeper, his heirs, and affigns, might freely and abfolutely enter into, have, hold, occupy, poffefs, and enjoy, the faid tract, territory, and all and fingular other the premifes, freed and difcharged of the faid provifo, and all right, title, and equity, thereupon to be had, in as large, ample and beneficial manner, to all intents and purposes, as if the fame provifo had been never had or made, any thing in the faid recited letters patent, or any thing therein, or in the laft mentioned letters patent, to the contrary thereof, in any wife notwithftanding, as in the faid laft recited letters patent is more fully contained. III. AND whereas the Right Honourable Thomas Lord Fairfax, baron That the validity of of Cameron, in that part of Great-Britain called Scotland, heir at law to the faid grants made by the Thomas Lord Culpeper, is now become fole proprietor of the faid territory, agents or attornies of with the appurtenances, and the above recited letters patents; and whereas and his predeceffors have the prefent proprietor divers great quantities of land have been granted to adventurers and planters been questioned. within the faid territory, in fee fimple, by the agents and attornies of the faid Lord Fairfax, and his predeceffors, former proprietors of the faid territory, and letters patents, by virtue of divers letters of attorney, from time to time, by them refpectively given and granted to their faid attornies and agents, but now of late, after long poffeffions, and great and valuable improvements made upon the faid lands, by fuck grantees, queftions are like to arife between them and the faid prefent proprietor touching the validity of fuch grants, as well in respect to a construction fet up and maintained, of the faid letters of attorney, that the powers therein contained were not full and fufficient to enable and warrant the faid agents and attornies to pafs away eftates in fee fimple, as in refpect of the faid Lord proprietor's eftate in the premises, the fame being now held by him as tenant in taille, under the will or wills of fome of his ancestors, whereby the minds of many of his Majefty's good fubjects, poffeffors of lands and tenements within the faid territory, are greatly difquieted, and many controverfies and expenfive lawfuits may probably enfue: For the prevention whereof, and for fettling peace between his Lordship and his said tenants, IV. BE it enacted, by the Lieutenant Governor, Council and Burgeffes, of this A confirmation of these prefent General Affembly, and it is hereby enacted, by the authority of the fame, grants. that from henceforth all and every grant and grants, heretofore duly and regularly made and passed by any of the agents or attornies of the proprietors of the faid territory, or any of them, shall be good, available, and binding in law, to pafs fuch eftate or eftates as therein have been granted; and the grantees, their heirs, and affigns, refpectively, fhall for ever hereafter peaceably and qui etly have, hold, and enjoy, the fame granted premifes, according to fuch granted eftates, under the rents and fervices by the faid grants referved, notwithstanding the infancy, coverture, or any mifprifion or mistake of the names, dignity, or title, of the faid proprietors, or either of them, or any mif-recital, omiflion, or defect, in the faid grant or grants, or any of them, fo as the fanie have been made and úgned by the agents or attornies of the faid proprietors, or the husband, guardian or guardians, truftee or trustees, of any of them, and paffed under the common feal of the office kept by them for that purpose. At a General Affembly begun and held at the College in Williamsburg, the 27th Day of October, in the 22d Year of the Reign of George the Second, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord 1748. CHAP. IV. An At for confirming the Grants made by his Majefty within the Bounds of the I. W boundaries of the feveral letters patent granted by their late Majeflies 7HEREAS in the late difpute and controversy touching the limits and King Charles the Second, and King James the Second, unto the ancestors of the Right Honourable Thomas Lord Fairfax, it hath been adjudged and determined by his prefent Majesty in Council, that the faid letters patent do include all that tract or territory of land between the rivers Potomac and Rappahannock, and the line now marked from the head fpring of the faid river Potomac, to the head fpring of Rappahannock, commonly called the Conway, in which faid tract or territory of land, as is before defcribed, many adventurers and planters have taken up great quantities of land, and obtained grants and patents thereof from the Crown, under feal of this colony; and whereas the faid Thomas Lord Fairfax hath consented before the King, in Council, that the feveral grants and patents, made by the Crown, of the lands included in the boundary aforefaid, fhould be confirmed to the feveral grantees, their heirs and affigns, to be held nevertheless of the faid Lord Fairfax, under the like rents, fervices, profits, and emoluments, as should be paid, done, and arise, by and from the faid grants made by the Crown: II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgefes, of this prefent General Affembly, and it is hereby enacted, by the authority of the fame, that all grants and patents whatsoever under the feal of this colony, for lands fituate and lying within the limits and boundaries of the letters patent granted to the ancestors of the faid Lord Fairfax, as the fame are now fettled and determined, heretofore made and granted by the Crown, fhall be held, deemed, and taken, to be valid and effectual; and the adventurers and planters to whom the fame were granted, their heirs and affigns, fhall for ever hereafter peaceably and quietly have, hold, and enjoy the faid granted premifes, refpectively, according to fuch granted eftates, under the rents and fervices in the faid grants referved, to be paid and performed to the faid Thomas Lord Fairfax, his heirs and affigns for ever, any mis-recital or defect in the faid grants notwithstanding. IN THE THIRD YEAR OF THE COMMONWEALTH. CHAP. V. An Act to empower the freeholders of the feveral Towns not incorporated, to fupply the Vacancies of the Trustees ana Directors thereof.t I. BE [Paffed the 11th of December, 1778.] E it enacted by the General Affembly, That upon the death, removal out of the country, or other legal difability of any one or more of the Trustees and Directors of the feveral towns within this ftate not incorporated, fuch vacancy, fo often as the fame fhall happen, fhall hereafter be fupplied in manner following, that is to fay: The furviving Trustees and Directors, or one of them, fhall give immediate notice of fuch vacancy to the sheriff of the county wherein fuch town may be, who within twenty days thereafter fhall notify the fame to the freeholders of the faid town, in fuch manner as he may think beft, requiring them to appear at a certain place therein, and on a certain day, not less than ten days thence next following, then and there to elect a * Vide ante, chap. 3, and notes thereto. ↑ Revifed Code, 1785, pa. 87. |