Pages 54-72 
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| Pages 54-72
| Pages 90-107
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| CHAP. XIX. | ||
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| I. WHEREAS, it was enacted, by one clause of the act, made at the last session of the general assembly, For the relief of certain persons who were sufferers in the loss of the Records of the County of Nansemond, that to the end, other persons, who had not then been able to produce witnesses before the commissioners appointed by a commission issued under the great seal of the colony, pursuant to the act of assembly made in the eighth year of his majesty's reign, intituled, An Act, for the relief of such persons as have suffered; or may suffer, by the loss of the records of Nansemond County, lately consumed by fire, in relation to their deeds and other evidences, which may have been lost among the records of the said county, one other or more commissions should and might be issued and continued by the governor and commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings, recorded in the said county court, where the original has been lost, pursuant to the last mentioned act of assembly, to be executed and returned, as in the said act is directed. And whereas, pursuant thereto, a commission hath issued, under the great seal of the colony, bearing date at Williamsburg, the twenty seventh day of October, in the tenth year of his said majesty's reign, to William Wright, and eleven others, directed, who have made a return of their proceedings in the premises, whereby it doth appear, that they have |
| examined divers witnesses to sundry deeds, and other matters, and that the several deeds, and other matters, mentioned in a schedule to this act annexed, have been well and sufficiently proved: Therefore for making the same more effectual, | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That from henceforth, the proofs of the several possessions, purchases, deeds, and wills, in the said schedule mentioned, shall and may be given, in evidence, in any court of law, or equity; and shall avail for the benefit and advantage of all persons claiming under them, as much as the same can or ought to avail. And to the end, that those persons who have not yet been able to produce witnesses before the said commissioners, in relation to their deeds and other evidences, which have been lost among the records of the said county, may be relieved. | |
| III. Be it further enacted, by the authority aforesaid, That one other or more commissions shall and may be issued and continued by the governor, and commander in chief, of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings, recorded in the said county court, where the original has been lost, pursuant to the act of assembly made in the eighth year of his majesty's reign; to be executed and returned, as in the said act is directed. | |
| A schedule, containing the proofs of several deeds, and other matters, made before certain commissioners, by virtue of a commission, under the seal of the colony of Virginia, bearing date the twenty seventh day of October, in the tenth year of his majesty's reign, pursuant to an act of assembly in that case made and provided. | |
| William Cadawgon, by deed proved and recorded, in Nansemond county court, sold and conveyed unto John Brothers, the elder, a parcel of land, on the south side of the western branch of Nansemond river, containing one hundred acres, or thereabouts; and the said John Brothers, by his last will and testament, which was likewise proved and recorded in the said county court, some time in the year 1692, gave the said land to his son John Brothers, and his heirs, for ever: And the said John Brothers, the son, dying without will, leaving three children, who all died under the age of twenty | Anno 1675. |
| one years; the said land descended and came to Richard Brothers, grandson, and heir at law, to the said John Brothers, the elder, who entered, and is now in peaceable possession thereof. | |
| John Cotten sued out a patent for a parcel of land, on the south side of Cedar Swamp, in the county of Nansemond; and by assignment on the back of the said patent, which was recorded in the court of the said county of Nansemond, made over the said land to David Lewis, deceased; and David Lewis, son and heir to the said David, is now in possession thereof. | 1711. |
| Robert Hooks, by deed of gift, acknowledged and recorded, in the court of the county of Nansemond, gave unto his brother John Hooks, during his natural life, and after his decease, unto his son John Hooks, the present possessor thereof, a parcel of land, which he had formerly purchased of one Thomas Altman, lying on the Cyprus swamp, near the mouth of Summerton creek, then in the county of Nansemond, but now in the province of North Carolina. | 1718. |
| William Robinson, by indenture of bargain and sale, conveyed to John Thomas, who is now in possession thereof, one hundred acres of land, more or less, being the moiety of two hundred acres of land granted to Jonathan Robinson, by patent, some time in the year of our lord 1703; which land then lay in the upper parish of the county of Nansemond, but now in the province of North-Carolina. | 1726. |
| Sarah Meredith, widow and executrix of John Meredith, late of Elizabeth City county, deceased, by deed, acknowledged and recorded in the court of the county of Nansemond, conveyed unto Joseph Meredith, one hundred and ten acres of land, being part of four hundred and forty acres of land, formerly granted, by patent, to Sampson Meredith, lying on the Back swamp, at Summerton, in the said county of Nansemond: and, some time in the year 1732, the said Joseph Meredith, by his deed, acknowledged and recorded in the said court, sold and conveyed the said land, to Henry Copeland, who is now in possession thereof. | 1728. |
| William Bridger, by deeds of lease and release, proved and recorded in the court of the county of Nansemond, conveyed unto Thomas Davis, a piece of land, containing three hundred acres, more or less, lying in | 1730. |
| the upper parish of Nansemond county, on the south side of the poplar swamp. | ||
| Isaac Carnal, and Catharine his wife, by deed of bargain and sale, proved and recorded in the court of the county of Nansemond, sold and conveyed unto Abraham Carnal, jun. two hundred acres of land, more or less, lying on Jaringan bridge run, in the upper parish of Nansemond county, which land formerly belonged to Abraham Edwards, father of the said Catharine, and by him given to his said daughter; and the said Abraham Carnal is now, and hath from the time of the said conveyance, been in peaceable possession thereof. | 1732. | |
| John Moore, by deed of bargain and sale, recorded in the court of the county of Nansemond, conveyed to his brother, William Moore, who is now in possession thereof, a plantation and parcel of land thereto belonging, containing one hundred and ten acres, or thereabouts, lying in the fork of the southern branch of Nansemond river, in the upper parish of the said county, being the plantation that formerly belonged to John Moore, father of the said John and William; and by his last will and testament given and devised to his said son John. | 1732. | |
| CHAP. XX. | ||
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| I. WHEREAS, by reason of the large extent of the two adjacent parishes of Southwark, and Lawn's Creek, in the county of Surry, the ministers and inhabitants thereof labour under great difficulties and inconveniences: For the removal of which, for the future, | ||
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of January, in the year of our lord one thousand seven hundred and thirty eight, the said parishes of Southwark, and Lawn's-creek, shall be divided by the river Black water: And those parts of the said parishes, situate on the north side of the |
| said river, united and erected into one distinct parish, to be called the parish of Southwark: And those parts thereof on the south side of the said river, united and erected into one other distinct parish, to be called the parish of Albemarle. | |
| III. And be it further enacted, by the authority aforesaid, That all and every the said parishes of Southwark, and Lawn's-creek, as the same stand undivided, ans shall continue so to be 'til the said division shall take place, shall be vestrymen of the said new parishes of Southwark, and Albemarle, wherein they shall dwell, respectively. And that for compleating the number of vestrymen, in the said parish of Albemarle, the freeholders and house-keepers thereof, shall meet, at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the said county of Surry, before the first day of February next following; and then and there elect such and so many of the most able and discreet persons of their parish, as will make up the number of vestrymen in the said parish, twelve, and no more: Which vestrymen, so continued and elected in the said parish of Albemarle, and the vestrymen continued in the said new parish of Southwark, although exceeding the number of twelve, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall to all intents and purposes, be deemed and taken to be the vestries of the said parishes, respectively. | |
| IV. Provided always, That no new election shall be made, in the room of any of the said last mentioned vestrymen, that shall die, or remove out of the said parish, 'til they shall fall under the number of twelve; and thenceforth, that number and no more, shall be kept up. And forasmuch, as there will be two tracts of glebe land in the said new parish of Southwark; one lying on lower Chipoak's creek, and the other near the head of Gray's creek, joining to the land of Gilbert Gray; and one other tract of glebe land, in the said parish of Albemarle, lying on the north side of Nottoway river: Neither of which will be convenient for the residence of a minister, | |
| V. Be it further enacted, by the authority aforesaid, That the said three tracts of land, with the appurtenances, be, and are hereby vested in the vestry of the said |
| parish of Albemarle, when the same shall be completed, and qualified, as aforesaid, and in the vestry of that parish, for the time being, in trust, that they shall sell, and by deeds of bargain and sale, convey, for the best price that can be got for the same, the said three tracts of land, with the appurtenances, by such descriptions as they shall think fit, to any person or persons, who shall be willing to purchase the same: to hold to such purchaser or purchasers, in fee simple: And when the same shall be so sold, and conveyed, in trust for purchasing with two thirds of the money arising by such sale, a convenient tract of land for a glebe, for the use of the parson of the said parish, for the time being; and the other third part of the said money, for building thereon, according to the directions of the act of assembly in such case made and provided. And they are further impowered, and made capable, to take, receive, and hold, any lands, tenements, or hereditaments, to be purchased, or given, for a glebe, for the use of the parson of the said parish of Albemarle, for the time being, for ever. | |
| VI. And be it further enacted, by the authority aforesaid, That the vestry of the said new parish of Southwark, shall, in their next parish levy, raise and pay unto the vestry of the said parish of Albemarle, fifteen thousand pounds of tobacco, free from deductions; to be applied towards the lessening the levy in their parish, by the poll; and to be in full of all demands, which the said parish of Albemarle might have against the said new parish of Southwark. | |
| VII. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collectors of the said parishes of Southwark and Lawn's-creek, as the same now stand divided, to make distress for any levies, or other dues, which shall be due from the inhabitants of the said new parishes of Southwark, and Albemarle, after the said first day of January, in the same manner, as by law, they might have done, if this act had never been made. Any thing herein contained; or any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| VIII. And whereas, two small tracts of land, lying and being in the parish of Saint Paul, in the county of Hanover; the one containing one hundred, and the other ninety five acres, are appropriated for a glebe for |
| that parish; but being inconveniently situated, the vestry with the assent of the parson, are desirous to sell the same, to enable them to purchase a more convenient glebe. | ||
| IX. Be it therefore enacted, by the authority aforesaid, That the said two tracts of land, with the appurtenances, be, and are hereby vested in the present vestry of the said parish, and the vestry of the said parish, for the time being; in trust, that they shall sell, and by deeds of bargain and sale, convey for the best price that can be got for the same, the said two tracts of land, with the appurtenances, by such descriptions [as] they shall think fit, to any person or persons, who shall be willing to purchase the same; to hold to such purchaser or purchasers, in fee simple: And when the same shall be so sold and conveyed, in trust, for purchasing, with the money arising by such sale, a convenient tract of land, for a glebe, for the use of the parson of the said parish, for the time being; and for building thereon, according to the directions of the act of assembly, in such case made and provided. And they are further impowered, and made capable, to take, receive, and hold, any lands, tenements, or hereditaments, to be purchased, or given, for a glebe, for the use of the parson of the said parish of Saint Paul, for the time being, for ever. | ||
| CHAP. XXI. | ||
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| I. WHEREAS great numbers of people have settled themselves of late, upon the rivers of Sherrando, Cohongoruton, and Opeckon, and the branches thereof, on the north-west side of the Blue ridge of mountains, whereby the strength of this colony, and it's security upon the frontiers, and his majesty's revenue of quit-rents, are like to be much increased and augmented: For giving encouragement to such as shall think fit to settle there, | ||
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That |
| all that territory and tract of land, at present deemed to be part of the county of Orange, lying on the north west side of the top of the said mountains, extending from thence northerly, westerly, and southerly, beyond the said mountains, to the utmost limits of Virginia, be separated from the rest of the said county, and erected into two distinct counties and parishes; to be divided by a line to be run from the head spring of Hedgman river, to the head spring of the river Potowmack: And that all that part of the said territory, lying to the northeast of the said line, beyond the top of the said Blue ridge, shall be one distinct county, and parish; to be called by the name of the county of Frederick, and parish of Frederick: And that the rest of the said territory, lying on the other side of the said line, beyond the top of the said Blue ridge, shall be one other distinct county, and parish; to be called by the name of the county of Augusta, and parish of Augusta. | |
| III. Provided always, That the said new counties and parishes shall remain part of the county of Orange, and parish of Saint Mark, until it shall be made appear to the governor and council, for the time being, that there is a sufficient number of inhabitants for appointing justices of the peace, and other officers, and erecting courts therein, for the due administration of justice; so as the inhabitants of the said new counties and parishes be henceforth exempted from the paiment of all public, county, and parish levies, in the county of Orange, and parish of Saint Mark; yet, that such exemption be not construed to extend to any of the said levies laid and assessed, at or before the passing of this act. | |
| IV. And be it further enacted, That after a court shall be constituted in the said new counties respectively, the court for the said county of Frederick be held monthly, upon the second Friday; and the court for the said county of Augusta, be held upon the second Monday, in every month: And that the said counties and parishes respectively shall have and enjoy all rights, privileges, and advantages whatsoever, belonging to the other counties and parishes of this colony. And for the better encouragement to aliens; and the more easy naturalization of sch who shall come to inhabit there, | |
| V. Be it further enacted, That it shall and may be lawful, for the governor, or commander in chief, of |
| this colony, for the time being, to grant letters of naturalization to any such alien, upon a certificate from the clerk of any county court, of his or their having taken the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy; and taken and subscribed the oath of abjuration, and subscribed the test, in like manner as he may do, upon taking and subscribing the same before himself. | |
| VI. And for the more easy paiment of all levies, secretary's, clerks, sherifs, and other officers fees, by the inhabitants of the said new counties, Be it further enacted, That the said levies and fees shall and may be paid in money, for tobacco, at three farthings per pound, without any deduction. And that the said counties be and are hereby exempted from public levies, for ten years. | |
| VII. Provided nevertheless, That from and after the passing of this act, no allowance whatsoever shall be made to any person, for killing wolves, within the limits of the said new counties. Any law, custom, or usage, to the contrary hereof, notwithstanding. | |
| VIII. And, for the better ordering of all parochial affairs in the said new parishes, Be it enacted, by the authority aforesaid, That the freeholders and house-keepers of the same, respectively, shall meet, at such time and place, as the governor, or commander in chief, of this dominion, for the time being, with the advice of the council, shall appoint, by precept under his hand, and the seal of the colony; to be directed to the sherifs of the said new counties, respectively, and by the said sherifs publickly advertised; and then and there elect twelve of the most able and discreet persons of their said parishes, respectively: Which persons so elected, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said new parishes, respectively. |
| CHAP. XXII. | ||
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| I. WHEREAS, the chief magistrates, and other inhabitants, of the borough of Norfolk, are now listed, and compelled to serve, under the command of the officers of the militia, in the county of Norfolk, without the said borough: And forasmuch, as the same may be very inconvenient, and may render the said borough defenceless in time of danger, | ||
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no inhabitant of the said borough shall hereafter be compellable to make his or their appearance at any muster of the militia, out of the said borough, or the limits thereof: But all and every inhabitant and inhabitants, shall be listed and trained within the said borough, or the limits thereof, according to the laws of this colony, under the command of such person or persons as shall be appointed for that purpose, by the governor, or commander in chief, of this colony, for the time being: And such persons so listed and trained, shall be liable to the same fines, penalties, and punishments, for not attending at musters; or for not doing their duty at such musters, as soldiers listed in the militia of the county, are, or shall be subject to. | ||
| III. Provided always, That such person [persons] shall not be compelled to go out of the said borough, on any military service, without the express order of the governor, or commander in chief, of the said colony and dominion, for the time being; or in case of any invasion or insurrection, without the express order of the lieutenant of the county of Norfolk. | ||
| IV. And be it enacted, by the authority aforesaid, That the maior, recorder, and aldermen, of the said borough, or the major part of them, in their court of hustings, to be held yearly, in October, upon the complaint of any officer or officers appointed to command the militia, within the said borough, upon sufficient |
| proof, shall and may give judgment against any person or persons listed under the command of such officer or officers, for the fines which such person or persons shall be liable to, by means of his or their not appearing, or not doing his or their duty at any muster, or upon any other service, within the said borough: Which fines shall and may be levied and appropriated by the said court, in the same manner, as the fines, by the judgment or sentence of any court martial, are, shall, or may be levied and appropriated. | |
| V. And whereas, divers of the inhabitants of this colony, are employed as sailors or seamen, on board ships and other vessels, and the compelling them to serve in the militia, during the time they are emploied in such service, would be a great inconveniency and prejudice to trade. | |
| VI. Be it therefore further enacted, by the authority aforesaid, That no person, who shall be emploied as a sailor or seaman, on board any ship or vessel, within this colony, shall, during the time he is in actual pay, on board such ship or vessel, be compelled to serve in the militia, in any county, city, or borough, where such person is an inhabitant. Any thing contained in this, or any former, or other act, to the contrary, in any wise, notwithstanding. | |
| CHAP. XXIII. An Act, for allowing Fairs to be kept in the Town of Fredericksburg. | |
| I. WHEREAS, allowing fairs to be kept in the town of Fredericksburg, in the county of Spotsylvania, will be very commodious to the inhabitants of those parts of Virginia, and greatly increase the trade of that town: | |
| II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That for the future, two fairs shall and may be annually kept and held, in the said town of Fredericksburg, on the first Tuesday in June, and the first Tuesday in October, in every year; each to continue for the space of two days, for the sale and vending of all manner |
| of cattle, victuals, provisions, goods, wares and merchandizes, whatsoever: On which fair days, and on two days next before, and two days next after each of the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares and merchandizes, shall be exempt and priviledged, from all arrests, attachments, and executions, whatsoever: Except, for capital offences, breaches of the peace, or for any controversies, suits and quarrels, that may arise and happen, during the said time; in which cases, process may be immediately issued, and proceedings thereupon had, in the same manner, as if this act had never been made; any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise notwithstanding. And that this act shall continue and be in force, for two years, and from thence to the end of the next session of assembly, and no longer. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter, or infringe the roial power and prerogative of his majesty, his heirs or successors, of granting to any person, or body corporate or politick, the privilege of holding fairs or markets, in such manner as he or they, by his or their roial letters patents, or by his or their instructions to the governor, or commander in chief, of this dominion, for the time being, shall think fit. | ||
| CHAP. XXIV. | ||
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| WHEREAS, John Wallop, alias Wadlow, was seised, in fee, of one thousand nine hundred and eighty five acres of land, or thereabouts, with the appurtenances, lying and being in the county and parish of Accomack; and being so thereof seised, did make his last will and testament, in writing, bearing date the fourth day of April, in the year of our lord, one thousand |
| six hundred and ninety three; and thereby, amongst other things devised the same, by such descriptions as therein are expressed, to his son, Skinner Wallop, alias Wadlow, for and during his natural life, the remainder to the heirs of his body, lawfully begotten; the remainder to his daughter, Sarah Wallop, alias Wadlow, as aforesaid: And some time after the making the said will, the said John Wallop died, and the said Skinner Wallop entered into the said land, and was thereof seised, for the term of his life; after whose death, John Wallop, son and heir of the said Skinner Wallop, entered into the said land, and was thereof seised in fee tail, by force of the remainder expressed in the said will: And being so seised, did, by indenture, bearing date the fifth day of June, in the year of our lord, one thousand seven hundred and thirty two, pursuant to an agreement made between him, and one John Kendall, of the county aforesaid, for the consideration of ninety pounds current money, convey to the said John Kendall, three hundred acres of land, parcel of the said one thousand nine hundred and eight five acres; to have and to hold to the said John Kendall, his heirs and assigns, for ever, to his and their own proper use and behoof: Which said John Kendall, some short time before his death did make his last will and testament in writing, bearing date the twelfth day of March last; and thereby reciting, that he had lately purchased the plantation and land he then lived on, of the said John Wallop; who had publicly advertised his intentions to apply to the next general assembly, to dock the entail thereof; and that the same might be vested in the said John Kendall, in fee, did direct, that in case he should die before the same should be effected, the said three hundred acres of land should be settled and secured to his son Joshua Kendall, his heirs and assigns, for ever. And whereas, it will be greatly to the advantage, not only of the said John Wallop, the grandson, but of all other persons claiming under the last will and testament of the said John Wallop, the grandfather, that the said three hundred acres of land, with the appurtenances, should be vested in the said Joshua Kendall, in fee simple, according to his said father's will, upon the said John Wallop's settling certain slaves, of greater value, to the same uses as the remaining entailed lands are settled by the last will and testament of |
| the said John Wallop's, the grandfather. And, forasmuch as notice has been given, in the several parish churches, wherein the said entailed lands lie, that application would be made to this present general assembly, to dock the entail of the said three hundred acres of land, May it please your most excellent Majesty, at the humble suit of the said John Wallop, and Joshua Kendall, that it may be enacted, and be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said three hundred acres of land, with the appurtenances, so as aforesaid conveied, or intended to be conveied, to the said John Kendall, be and are hereby vested in the said Joshua Kendall, his heirs and assigns, to the only use and behoof of him the said Joshua Kendall, his heirs and assigns, for ever. And that the following negro men slaves; (to wit,) Jack, Guy, and George, and Nan, a mulatto woman, and her increase, so long as any of them shall be living, shall pass in descent, remainder, and reversion, to such person and persons, and for such estate or estates, as the said remaining entailed lands shall or may pass and descend, by force of the last will and testament of the said John Wallop, the grandfather. Saving, to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person claiming under the last will and testament of the said John Wallop, the grandfather, all such right, title, estate, interest, claim, and demand, as they, every, or any [of] them, should or might claim, if this act had never been made. Provided always, That the execution of this act shall be suspended, 'til his majesty's approbation thereof, shall be obtained. | ||
| CHAP. XXV. | ||
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| WHEREAS John Wormeley, late of the county of Middlesex, esquire, deceased, father of the said Ralph Wormeley, was seised, in his life time, of a very |
| valuable estate in lands, in the counties of Middlesex, Gloucester, King William, and York; and of a parcel of land, in the county of Caroline, containing, by estimation, one thousand acres, or thereabouts; and also of the reversion, expectant upon the death of one Elizabeth Lomax, of and in two thousand acres of land, in the county of King George: And being possessed of divers slaves, and some personal estate; and apprehending he had an estate in fee-simple, in the said lands, did make his last will and testament, in writing, bearing date the fifteenth day of April, in the year of our lord, one thousand seven hundred and twenty five; and thereby among other things did devise to his wife Elizabeth, eight hundred pounds sterling; and to each of his daughters, Judith, Sarah, and Agatha, five hundred pounds sterling; to be paid at their respective ages of twenty one years: And directed, that his said daughters should be maintained out of the estate given by the said will to his son Ralph, 'til they should arrive to the age of twenty one years, or be married; and ordered and appointed that his son John should be sent to England, and be there educated and maintained, out of the profits of the said estate given to his said son Ralph, 'til he should arrive to the age of twenty one years; and after he arrived to that age the said testator devised to him an annuity of one hundred pounds sterling, for fifteen years; to be paid out of the same estate given to his said son Ralph: And devised all his real estate to his said son Ralph, in tail male, with divers remainders over, as in the said will more fully is contained. And whereas the said testator was greatly indebted, at the time of his death, more than his personal estate amounted to; and since his death, during the minority of the said Ralph Wormeley, his son, a large sum of money hath been raised out of the profits of the real estate devised, as aforesaid, which hath been applied towards the paiment of the debts, and maintenance of the children of the said testator: But the portions, so as aforesaid devised to the said testator's daughters, still remain unpaid, and unsatisfied; nor can the same be now raised out of the said testator's estate, in any other manner than by the sale of his slaves. And whereas the said John Wormeley had really no more than an estate tail, in the lands so as aforesaid devised |
| by him; and therefore had no power to devise or charge the same, in the manner he has done, in and by his said recited will, the said lands after his death vesting in the said Ralph Wormeley, his son, as next heir in tail; nevertheless, the said Ralph Wormely is very willing and desirous, that the debts of his father should be paid, and his will performed. And whereas it is doubted, whether the slaves left by the said testator, if sold, would raise money sufficient to pay the several portions devised by the said testator to his daughters, as aforesaid, and to reimburse the said Ralph Wormeley, the money raised out to the profits of his lands during his minority, and applied towards the paiment of his father's debts, as before is mentioned. And whereas the said Ralph Wormeley has only an estate tail, in the lands whereof his said father was seised, as aforesaid, and is intitled to the same under the will of his grandfather Ralph Wormeley, esq. deceased; which will bears date the twenty second day of February, in the year of our lord one thousand seven hundred: And the said Ralph Wormeley having no lands, whereof he is seised in fee simple, or which he can sell or dispose of; it will be very much for the advantage of the said Ralph Wormeley, and his posterity, to preserve the slaves left by his said father, for the improvement and cultivation of his lands; and the selling of the said slaves will not only greatly distress the said Ralph Wormeley, and render his lands of little use or benefit to him; but the provision herein before mentioned to be made by the said testator, John Wormeley, for his younger son, will be thereby also defeated. And whereas the lands herein before mentioned to be lying and being in the counties of Caroline and King George, lie remote from the other lands of the said Ralph Wormeley: And the said Elizabeth Lomax, who has an estate for life, in the said lands in the county of King George, is still living; so that the said premises are now of little value to the said Ralph Wormeley. And whereas notice has been published three Sundays successively, in the several parish churches where the said lands lie, that application would be made by the said Ralph Wormeley, to this general assembly, for leave to sell and dispose of the said lands, pursuant to your majesty's instructions: Therefore, for encouraging the good and laudable design of the said Ralph Wormeley |
| to pay the debts and fulfil the will of his father the said testator, John Wormeley, and the better to enable him so to do; and to the end, the slaves left by the said testator, may be preserved for the use of the said Ralph Wormeley, for the cultivation of his lands, May it please your most excellent Majesty, at the humble suit of the said Ralph Wormeley, that it may be enacted, and be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful, to, and for the said Ralph Wormeley, and in case of his death, his executors or administrators, and he and they are hereby severally impowered to sell to any person or persons who shall be willing to purchrse the same, the said piece or parcel of land, lying and being in the county of Caroline; the same containing by estimation, one thousand acres, or thereabouts; and is situate upon Rappahanock river, between and adjoining to the lands of Elizabeth Lomax widow, called Portobago, and the lands of one William Taliaferro: And also the reversion of the lands lying and being in the said county of King George, containing by estimation two thousand acres, be the same more or less: Which said last mentioned lands are part of five thousand two hundred and seventy five acres of land, granted to one Thomas Chetwood, and John Prosser, by letters patent under the seal of the colony, bearing date the twenty eighth day of September, one thousand six hundred and sixty seven. And be it further enacted, That the said Ralph Wormeley, and in case of his death, his executors or administrators, shall and may, and he and they are hereby further impowered to make and execute all deeds and conveiances necessary in the law, for assuring unto such purchaser or purchasers, a good estate in fee simple, in the lands so to be purchased. And such purchaser or purchasers, by virtue of such deeds and conveiances, shall, for ever after, peaceably and quietly hold and enjoy the land so purchased, to them and their heirs, for ever: And the money paid by such purchaser or purchasers, shall be applied, in the first place, for and towards the paiment and discharge of the debts of the said testator John Wormeley, if any are now remaining unpaid; and afterwards, for and towards the paiment and discharge of the several legacies and portions, given and devised by the said testator to |
| his four daughters; and the annuity given and devised to his son John, as herein before is mentioned. Saving to the king's most excellent majesty, his heirs and successors, and unto all and every other person and persons, bodies politic or corporate, their heirs and successors (other than the persons claiming under the last wills and testaments of the said Ralph Wormeley and John Wormeley, deceased, or either of them) all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to all or any of the lands before mentioned and described, as they or any of them had, should, or might have had, if this act had never been made. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| Pages 54-72
| Pages 90-107
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