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1736.

[ 6 ] fold benefits arising to the church of God, together with the welfare of multitudes of his loyal subjects, by the undertaking and vigorous prosecution of plan, tations of foreign parts, and particularly in his dominions of America, by his letters patent, under the great seal of England, bearing date at St. Germains en Ley, the eighteenth day of September, in the first year of his reign, for the confideration therein expressed, had given, granted, and confirmed, unto Ralph Lord Hopton, Henry Earl of St. Alban's, by the then name of Henry Lord Yermyn, Jobr Lord Culpeper, John Lord Berkel:y, of Stratton, by the then name of Sir John Berkeley, Sir William Morton, one of the Justices of his court of King's Bench, by the then name of Sir William Morton, Sir Dudley Wyatt, and Thomas Culpeper, their heirs and assigns, forever, all that entire tract, territory, or parcel of land, situate, lying, and being in America, and bounded within the heads of the rivers Rappahannock and Quiriough, or Potowmac river, the courses of the faid rivers, as they are commonly called and known by the inhabitants, and defcriptions of thole parts, and Chejapeake bay, together with the rivers themselves, 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 courses, fishings, streams, havens, ports, harbours, creeks, wrecks of Sea, fish royal, deer, wild beasts, and fowl, of what nature and kind foever, mines of gold and silver, lead, tin, iron, and copper, and quarries of stone and coal, which then were, or at any time thereafter should be had, coming, being, and arising, renewing, accruing, found, or taken, within the bounds or precincts aforesaid, together with the royalty of hawking and hunting, for themselves, their heirs, and assigns, fervants, and tenants, in and upon the lands and premises aforesaid; faving and reserving to him, his heirs and successors, one full fifth part of all gold mines, or gold ore, and one full tenth part of all silver mines, or silver ore, thereafter to be found within the said tract or territory of land, to have, hold, and enjoy, all the said 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 said Ralph Lord Hopton, Henry, then Lord Jermyn, now Earl of St. Alban's, John Lord Culpeper, Sif John Berkeley, now Lord Berkeley, of Stratton, Sir William Morton, Sir Dudley Wyatt, and Thomas Culpeper, their heirs, and assigns, forever, to their only use and behoof, and to no other use, intent, or purpose, whatsoever ; yielding and paying therefore, yearly, at the feast of St. John the Baptist, to his faid Majelty, his heirs, and succeffors, the sum of fix pounds thirteen Thil. lings and four pence, at the receipt of Jamestown, in the dominion of Virginia, in lieu of all services and demands whatsoever : Reciting also that the said Ralph

Lord Hopton, John Lord Culpeper, Sir Dudley Wyatt, and Thomas Culpeper, beThe death of some of ing dead, and the said Lord Hopton having sold his estate and interest in the prethe firft patentees; Lord mises to John Trethewey, Esq. the said tra&t, territory, or parcel of land, and furrender of the firt all and hngular other the premises, had been surrendered, together with the patent.

said letters patents, to be cancelled, to the intent that his said late Majesty might

grant them new letters patent thereof, with such alterations, provisoes, and Consideration, clauses, as therein after is expresied, he the said late King, in consideration of

the said surrender, and for and in consideration of the many and faithful fervices done to his late royal father, of blessed memory, and to himself, by the said Henry Earl of St. Alban's, John Lord Birkeley, Sir William Morton, and Johns Trethewey, Esq. and for divers other good causes and confiderations, him thereunto especially moving, of his especial 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 'Yonn Tretbewey, their heirs and afsigns, forever, all that entiretract, territory, or parcel of land, situate, lying, and being in America, and bounded by and within the head of the rivers Tappa. hannock, alias Rappabannock, and Quiriough, alias Patowmac rivers, the courses of the said rivers, as they are commonly called and known by the inhabitants and descriptions of those parts, and Chesapeake bay, together with the rivers themíelves, and all the islands within the banks of those rivers, and all woods, under woods, timber, and trees, ways, waters, rivers, ponds, pools, water courses, fishings, streams, havens, ports, harbours, creeks, wrecks of fea, fish royal, deer, wild beast and fowl, of what nature and kind foever, mines of gold and silver, lead, tin, iron, and copper, and quarries of stone and coal, which then were, or at any time thereafter should be had, coming, being, arising, renewing, accruing, found or taken, within the bounds or precincts aforesaid, together with the royalties of hawking and hunting, for themselves, their heirs and alligns, fervants and tenants, in and upon the land and premises aforesaid, and in and upon

The granto

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every part and parcel thereof; saving, excepting, and reserving, to his faid late Majesty, 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 silver 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 said entire tract, territory, or portion of

Habendur. 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 said Henry Earl of St. Alban's, Jobn Lord Berkeley, Sir William Morton, and John Trethewey, their heirs, and assigns, forever, to their

Refervation of renti only use and behoof, and to no other use, intent, or purpose, whatsoever; yielding and paying therefore, yearly, at the feast of St. John the Baptist, to his said late Majeity, his heirs, and successors, the sum of six pounds thirteen Thillings and four pence, at the receipt of Jamestown in Virginia, in lieu of all fervices and demands whatsoever ; with power to divide the said tract or territory of land into counties, hundreds, parilhes, tithings, townships, hamlets, ard boroughs, and to erect and build cities, towns, parish churches, colleges, chapels, free schools, alms houses, and houses of correction, and to endow the fame, at their free wills and pleasures ; and did appoint them full and perpetual patrons of all such churches so to be built and endowed, with power

of

The powers granted to eletting, nominating, and prelenting, any fit person to the office and place of the patentees. master of any college, or schoolmatter of any school so to be founded and endowed; with power also to divide any part or parcels of the said tract or territory, or portion of lands, into manors, and to call the same after their own or any of their names, or by other name or names whatsoever, and within the same to hold a court, in the nature of a court baron, and to hold pleas of all actions, trespasses, covenants, accounts, contracts, detinues, debts, and demands whatsoever, where the debt or thing demanded exceed not the value of forty thillings of current money of England, and to receive and take all amerciaments, fines, commodi. ties, advantages, perquisites, and emoluments whatsoever, to such respective court barons belonging, or in any wise appertaining: And further, to hold within the faid manors a court leet, and view of frank pledge, of all the tenants, residents, and inhabitants, of the hundreds within such 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 sustentation of deer, and otherwild beasts of chale: And further, the said late king, by the said charter, for himself, his heirs, and succeflors, did grant and give license to the faid

Henry Earl of St. Alban’s, John Lord Berkeley, Sir William Mor1on, and John Tretkewey, their heirs, and asigns, freely and without moleftation of him, his heirs, and successors, to give, grant, or by any ways or means fell or alien, all and fingular the premises by these presents granted, and every part and parcel thereof, to any person or persons being willing to contract for or buy the same ; to be holden of the said Henry Earl of St. Alban's, John Lord Berkeley, Sir William Morton, and John Trethewey, their heirs, and aligns, as of any of their aforesaid manors, in free and common soccage, by fealty only, and by suit of court, or by any other lawful tenure or terms used within the , kingdom of England, rendering and paying such rents and other lawful reservations, as shall seem fit and convenient to the said Henry Earl of St. Alban's, Jobu Lord Berkeley, Sir William Morton, and John Trethewey, their heirs, and afligns, notwithstanding the statute, commonly called quia emptores terrarum, or any other tatute, act, or ordinance, or provision, or any other thing, cause, or matter whatsoever, to the contrary notwithstanding. And further, the said late king, for himself, his heirs, and successors, did grant to the faid patentees, their heirs, ex

New patent to be

granted. ecutors, and assigns, to enlarge and confirm the said letters patent, by granting to them and their heirs other new ones, with such favorable concessions and grants as might fupply any defects therein contained; with this proviso, ne. vertheless, that the laid 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, whatsoever, theretofore made or granted by the Governor and Council of Virginia, unto any planters, or other inhabitants, then in the actual poilellion thereot, by virtue of any suca grants made before the nine and twentieth day of September, in the thirteenth year of his reign; but if any part of such lands fo granted thould escheat, or be otherwise forfeited, then the said patentees, their heirs, and aligns, might difpole thereof, for their best benefit and advantage, at their own free wills and Proviss as as feat:rig pleasures ; with chis proviso also, that so much of the said granted premies, 15 within slice, time and space of one and twenty years then 1-4 tuning

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should not be poffefied, inhabited, or planted, by the means or procurement

of the said patentees, their heirs, or asligns, that then the said letters patent Patentees not to inter- should cease, determine, and become void ; and lastly, with this further proviso, meddle with military that the said patentees, their heirs, and asigns, should not act or intermeddie

in the military affairs or forces of or within the said tract of land and premises thereby granted, or any part thereof, or with the government or command of any of the castles, forts, or fortifications thereof, without the order, authority, or command, of the Governor and Council of Virginia, for the time being, or

such other person or persons as his said late Majesty, his heirs, or fucceffors, Inhabitants subject to should think fit to dispose the fame ; and that the Governor, Council, and Af. the payment of taxes.

sembly of Virginia, for the time being, should have full power and authority to impose and lay any taxes and impositions upon the said territories thereby granted, and all the lands and promises thereby meant and intended to be granted, and all and every the pofleffor, inhabitants thereof, for the public and common defence of the said 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 necessity of the said colony Ihould require the same for the comlony,

mon good; and that the said patentees, their heirs, and assigns, and other inhabitants of or in the premises, should be in all things subject and obedient to such laws and constitutions as were or should be made by the said Governor, Council, and Assembly, for or concerning the said colony, or the government thereof; any thing therein before contained to the contrary notwithstanding,

as in the said letters patent more fully is contained. Recital of the patent, II. AND whereas the late King James II. by other letters patent, under 4. J2C 2. which recites the great seal of England, bearing date at Weftminster, the seven and twentieth the Jetters patents, and the day of September, in the fourth year of his reign, reciting the above recited fale to the Lord Cul letters patents; and that the said former patentees, their heirs, and afligns, peper.

had, by good and fufficient conveyance and assurance in the law, for valuable considerations, fold, conveyed, and assured, the said whole tract, territory, and portion of land, and all and singular the premises, and every part and parcel thereof, and all their estate, right, title, and interest therein, together with the faid letters patents, unto Thomas Lord Culpeper, eldest son and heir of John

late Lord' Culpeper, deceased, his heirs, and assigns, forever, who was thereby beThe grant.

come sole owner and proprietor thereof, in fee simple, for the considerations therein mentioned, and did give, grant, and confirm, unto the said Thomas Lord Culpeper, all that entire tract, territory, or parcel of land, situate, lying, and being in Virginia, in America, and bounded by and within the first heads or springs of the rivers of T'appabannock (alias Rappahannock) and Quiriough (alias Patowmack) rivers, the courses of the said rivers, from their faid first heads or springs, as they were commonly called and known by the inhabitants, and descriptions of those parts, and the bay of Chesapeake, together with the said rivers themselves, and all the islands within the uttermoit banks thereof, and the soil of all and fingular the premises, and all lands, woods, under woods, timber, and trees, ways, mountains, swamps, marshes, waters, rivers, ponds, pools, lakes, water courses, fishings, streams, havens, ports, harbours, bays, creeks, ferries, with all forts of hih, as well whales, sturgeons, and other royal fishes, as all others whatfoever, wrecks of sea, Flatfon, Jetfon, and Lagan, and all sorts of deer, wild beasts, and fowl, of what nature or kind soever, and all manner of deodands, goods of felons and fugitives, treasures trove, waifs, strays, fines, forfeitures, escheats, advowsons, royalties, and hereditaments whatsover, with all mines of gold and silver, lead, tin, iron, and copper, and all quarries of stone and coal, within the limits and precincts aforesaid, which then were, or at any time thereafter should be had, coming, being, arising, growing, renewing, accruing, found, or taken, within the bounds, limits, precincts, or places aforesaid ; laving, excepting, and reserving, to his faid late Majetty, his heirs, and fucceffors, one full fifth part of all gold mines, or gold ore, and one full tenth part of all silver mines, and filver ore, then being, or which thereafter should be had or found,

within the said tract or territory of land; to have, hold, and enjoy, all the said Habendumis

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 apportepances thereby granted or mentioned, or intended to be granted (except as before is excepted) to the faid Thomas Lord Culpeper, his heirs, and assigns, for

ever, to his and their only use and behoof, and to no other use, intent, or purReservation of rent. pose whatsoever; yielding and paying therefore, yearly, from thenceforth, on

the feast of St. John the Baptift, to his said late Majesty, his heirs, and fucceffors, the sum of fix pounds thirteen Phillings and four pence, at the receipt of

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