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1736.

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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 Fermyn, 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 Potomac river, 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, and rivers, ponds, pools, water courses, fifhings, ftreams, havens, ports, harbours, creeks, wrecks of Sea, fifh 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 themfelves, 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, there after 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 premifes, 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 ufe and behoof, and to no other ufe, intent, or purpose, whatfoever; yielding and paying therefore, yearly, at the feaft of St. John the Baptift, to his faid Majelty, 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 alfo that the faid Ralph The death of fome of ing dead, and the faid Lord Hopton having fold his eftate and intereft in the Lord Hopton, John Lord Culpeper, Sir Dudley Wyatt, and Thomas Culpeper, bethe first patentees; Lord mifes to John Trethewey, Efq. the faid tract, territory, or parcel of land, and furrender of the first 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 Majefty 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 faid furrender, 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 Jobz Trethewey, Elq. and for divers other good caufes and confiderations, him thereunto efpecially 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 affigns, 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. hannock, alias Rappahannock, and Quiriough, alias Patowmac rivers, the courfes of the faid rivers, as they are commonly called and known by the inhabitants and defcriptions of thofe parts, and Chefapeake 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 courfes, fifhings, ftreams, havens, ports, harbours, creeks, wrecks of fea, fish royal, deer, wild beaft 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, arifing, renewing, accruing, found or taken, within the bounds or precincts aforefaid, together with the royalties of hawking and hunting, for themfelves, their heirs and affigns, fervants and tenants, in and upon the land and premifes aforefaid, and in and upon

Hopton's fale; and the

patent.

Confideration,

The grant.

pre

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Habendum.

The powers granted to

every part and parcel thereof; faving, excepting, and referving, 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 filver mines, and filver ore, thereafter to 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 all and fingular other the premifes, 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 Trethewey, their heirs, and affigns, forever, to their only use and behoof, and to no other ufe, intent, or purpose, whatfoever; yield- Refervation of renti ing and paying therefore, yearly, at the feast of St. John the Baptift, to his faid late Majesty, 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 houfes, and houfes of correction, and to endow the fame, at their free wills and pleafures; 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 whatsoever, 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 suftentation of deer, and other wild beafts 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 Morson, 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 Trethewey, 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, ne. vertheless, 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 should efcheat, or be otherwife forfeited, then the faid patentees, their heirs, and affigns, might difpofe thereof, for their beft benefit and advantage, at their own free wills and Provifo as to feating pleasures; with this provifo alfo, that fo much of the faid granted premies, as within the time and space of one and twenty years then next following

New patent to ba granted.

1736.

affairs.

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fhould not be poffeffed, inars, or affid, by the means or procurement

of the faid patentees, their

Patentees not to inter- fhould ceafe, determine, and become void; and laftly, with this further provifo, that then the faid letters patent meddle with military that the faid patentees, their heirs, and affigns, fhould not act or intermeddie in the military affairs or forces of or within the faid tract of land and premifes 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 Inhabitants fubject to fhould think fit to difpofe the fame; and that the Governor, Council, and Affuch other perfon or perfons as his faid late Majefty, his heirs, or fucceffors, the 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 premifes 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 And the laws of the co- as often as the neceffity of the faid colony fhould require the fame for the comthereby granted, as upon other parts of Virginia, proportionably, when and

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lony.

Recital of the patent,

mon good; and that the faid patentees, their heirs, and affigns, and other inhabitants of or in the premises, 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.

4 Jac. 2. which recites the great feal of England, bearing date at Westminster, the feven and twentieth II. AND whereas the late King James II. by other letters patent, under 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 faid former patentees, their heirs, and affigns,

the beforementioned

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peper.

The grant.

Habendum,

Refervation of rent.

had, by good and fufficient conveyance and affurance in the law, for valuable confiderations, fold, conveyed, and affured, the faid whole tract, territory, and portion of land, and all and fingular the premifes, 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, eldeft fon and heir of John late Lord Culpeper, deceafed, 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 thofe parts, and the bay of Chesapeake, together with the faid rivers themfelves, and all the iflands within the uttermoit banks thereof, and the foil of all and fingular the premises, and all lands, woods, under woods, timber, and trees, ways, mountains, fwamps, marfhes, 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 fifhes, as all others whatfoever, wrecks of fea, Flatfon, 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 premifes, 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 ufe and behoof, and to no other ufe, intent, or purpofe whatfoever; yielding and paying therefore, yearly, from thenceforth, on the feast of St. John the Baptift, to his faid late Majesty, his heirs, and fucceffors, the fum of fix pounds thirteen fhillings and four pence, at the receipt of

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