Pages 375-399 
|  Pages 425-452
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| Pages 375-399
| Pages 425-452
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| CHAP. XXIV. | ||
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| I. WHEREAS Robert Alexander, of the county of Stafford, deceased, was in his life time, and at the time of his death, seised in fee-simple, of, and in one certain tract or parcel of land, containing by estimation six thousand acres, with the appurtenances, lying and being in the parish of Truro, then in the county of Prince William, but now in the county of Fairfax; and being so seised, did make his last will and testament in writing, bearing date the twenty eighth day of April, in the year of our Lord one thousand seven hundred and thirty five, and thereby, among other things, did give and devise unto his son Gerard Alexander the Island in Prince William county, whereon the said Gerard at that time lived, called Holm's Island; also eleven hundred and twenty five acres of | Intail of certain lands, in Fairfax whereof Gerard Alexander is seised, docked. |
| land joining to the said island, being part of the aforesaid tract of six thousand acres, and devised the remainder of the said trcct, and the residue to his whole estate, which consisted of negroes, &c. to be equally divided between his two sons, John and Gerard Alexander, and their heirs for ever; and by a subsequent clause in the said will, the said Robert Alexander did devise, that all the lands and negroes he had devised by the said will, except those negroes specifically given to Gerard Alexander, should be intailed from heir to heir, as by the said will, duly recorded in the county court of Stafford, may more at large appear: And some time after making the said will, the said Robert died, so seised, after whose death the said John and Gerard Alexander, entered into the said lands, and took possession of the said negroes, and having made partition and division thereof, one thousand two hundred and eighty six acres of land, and four negroes, (all which are since dead) were allotted to the said Gerard, as his part of the land and negroes so to be divided; into which the said Gerard entered, and also those other lands particularly devised to him the said Gerard, by Robert the testator, amounting in the whole to two thousand seven hundred and thirteen acres, and became thereof seised in fee-tail. And whereas the said Gerard Alexander is, and stands seised in fee-simple, of, and in two tracts of land, the one lying in the parish of Frederick, in the county of Frederick, granted by the lord proprietor of the northern neck, to the said Gerard, containing by estimation, eight hundred and seventy three acres; the other in the parish of Cameron, in the county of Fairfax, containing five hundred and forty acres, and upwards, lately purchased of Nathaniel Smith; upon which said tracts he hath made very considerable improvements, and is also possessed of ten slaves, named Robin, Stire, Nell, Nan, David, Will, Milley, Rose, Solomon, and Joe, all Virginia born, as of his own proper slaves; and it will be for the benefit and advantage of the heir in tail, and those claiming in remainder and reversion under the will of the said Robert, to dock the intail of the said tract or parcel of land in the county of Fairfax, and to settle his said other lands, in the counties of Fairfax and Frederick, with the slaves aforesaid to be annexed thereto, being of greater value to the same uses. And forasmuch as |
| notice has been published three Sundays successively, in the several churches in the said parish of Truro, that application would be made to this General Assembly, to dock the intail of the said two thousand seven hundred and thirteen acres of land, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Gerard Alexander, 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 the said tract or parcel of land, with the appurtenances, containing two thousand seven hundred and thirteen acres, lying and being in the parish of Truro, and county of Fairfax, so as aforesaid, devised by the last will and testament of the said Robert Alexander, and whereof the said Gerard Alexancer is seised in fee-tail; be, and the same is hereby vested in the said Gerard Alexander, his heirs and assigns, to the only use and behoof of him the said Gerard, his heirs and assigns for ever. And that the said two several tracts or parcels of land herein before mentioned, the one granted by the Lord proprietor of the northern neck, to him the said Gerard; and the other purchased of Nathaniel Smith; and all and every the slaves before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said Gerard Alexander, and the heirs of his body lawfully begotten; and on failure of such heirs the same shall remain and descend to such person and persons, in the same manner, and under the same limitations and remainders, successively, as the said lands would have remained and descended, by virtue of the said before recited last will and testament of the said Robert Alexander, if this act had never been made. | |
| III. 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 heirs and successors, other than the person and persons claiming under the last will and testament of the said Robert Alexander, all such right title, interest, claim and demand, as they, every, or any of them should or might claim, if this act had never been made. |
| IV. Provided always, That the execution of this act shall be and is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
 CHAP. XXV. | ||
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| I. WHEREAS Richard Perrot late of the county of Middlesex, deceased, was, in his lifetime seised in fee-simple, of, and in one certain tract or parcel of land, called Perrot's-neck, containing by estimation fourteen hundred and fifty acres or thereabouts, being the plantation whereon he lived, with the appurtenances, lying and being in the parish of Christ Church, in the county of Middlesex, aforesaid; and being so seised, made his last will and testament in writing, bearing date the twentieth day of July, in the year of our lord, one thousand six hundred and eighty six, and thereby, among other things, he did give and devise to his wife Margaret Perrot, the said plantation, with the stock thereunto belonging, to be by her used and enjoyed, during her natural life, in full and ample satisfaction of all dower, and title of dower, due to her by the law; and further he did give and devise unto Henry Perrot the elder, son of his son, Richard Perrot, the said plantation he then lived upon, together with the whole tract or tracts of land thereunto belonging, or adjoining thereunto, with all plantations thereupon, and to the heirs of his body lawfully to be begotten, forever, to be held and enjoyed after the decease of his said wife; and for want of such heirs, to Richard Perrot, the brother of the said Henry Perrot, his grandson, and to the heirs of his body to be lawfully begotten, and for want of such heirs, to descend to his right heirs for ever, as in the said will proved and | Intail of certain lands in Middlesex, docked and vested in Robert Chew in fee. |
| recorded in the court of the said county of Middlesex, more fully is contained. And soon after making the said will, the said testator departed this life; after whose death, and the death of his said wife, the said Henry Perrot entered into the said lands with the appurtenances, and died seised thereof without issue, and after his death the said Richard Perrot the grandson, entered into the said lands with the appurtenances, and died thereof seised, leaving issue Henry Perrot, his eldest son, who entered into the same, and died thereof seised, leaving issue Mary Perrot his only child and heir, who hath since intermarried with Robert Chew of the county of Spotsylvania, and the said Robert Chew, and Mary his wife, in right of the said Mary have entered into, and are now seised of the said lands, with the appurtenances, in fee-tail. And whereas the said Robert Chew is seised in fee-simple of a certain tract or parcel of land, containing by estimation four hundred acres, lying and being in the parish of Saint George, in the county of Spotsylvania aforesaid, which he purchased of Achilles Bowker, and Martha, his wife; and of one other tract or parcel of land, containing by estimation, seven hundred and thirty seven acres, lying and being in the parish and county last mentioned, lately purchased by him of Thomas Forster and Elizabeth his wife, adjoining to the last mentioned tract; and of another tract or parcel of land, containing six hundred und fifty acres, in the parish and county last mentioned, which descended to him from his mother, Margaret Chew deceased; and was granted to Harry Beverley, gentleman, deceased, by patent bearing date the twenty seventh day of February, one thousand seven hundred and nineteen; and is also possessed of six slaves, named Captain, Samson, Major, Sarah, Lucy, and Nanny, as of his own proper slaves; which said three tracts of land in the county of Spotsylvania, and six slaves, are of greater value than the said tract of land in the county of Middlesex; and the said Robert Chew, and Mary his wife, are desirous to dock the intail of the said land in Middlesex county, and to settle the said lands in Spotsylvania county, with the slaves aforesaid, to be annexed thereto, to the same uses in lieu thereof; which will be to the advantage of the said Robert Chew, and Mary his wife, and of those claiming under the will of the said Richard Perrot the elder. And |
| forasmueh as notice hath been published in the several churches of the said parish of Christ-Church, that application would be made to this General Assembly, to dock the intail of the said fourteen hundred and fifty acres of land called Perrot's-Neck, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Robert Chew, and Mary his wife, 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 the said tract or parcel of land, called Perrot's-Neck, containing fourteen hundred and fifty acres, with the appurtenances, in the county of Middlesex, so as aforesaid devised by the last will and testament of the said Richard Perrot the elder, be, and the same is hereby vested in the said Robert Chew, his heirs and assigns, to the only use and behoof of him the said Robert Chew, his heirs and assigns forever; and that the said three tracts or parcels of land, herein before mentioned, lying and being in the county of Spotsylvania, containing together seventeen hundred and eighty seven acres, or thereabouts, with the appurtenances, and the six slaves herein before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said Robert Chew, and Mary his wife, to such use and uses, and for such estate and estates, and subject to the like limitations, as the said tract of land called Perrot's-Neck, in the county of Middlesex, is and stands limited by the last will and testament of the said Richard Perrot the elder. | |
| III. Saving to the king's most excellent majesty, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the last will and testament of the said Richard Perrot the elder, all such right title, estate, interest, claim and demand, as they, every, or any of them, should or might have or claim, if this act had never been made. | |
| IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. |
| CHAP. XXVI. | ||
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| I. WHEREAS Thomas Meriwether late of the parish of South-Farnham, in the county of Essex, gentleman, deceased, was in his life-time, and at the time of his death, seised in fee-simple, of, and in one thousand seven hundred and ten acres of land, with the appurtenances, lying and being in the parish of South-Farnham, in the county of Essex, aforesaid, and also of, and in eight lots of land in the town of Tappahannock, in the said county, and being so thereof seised, did make his last will and testament in writing, bearing dat the seventh day of January, in the year of our lord one thousand seven hundred and eight, and thereby, devised the same to his young daughter, who was not then baptized, but was afterwards baptized by the name of Susannah, by the description of all the rest of his lands he had in Virginia, or elsewhere, and to the heirs of her body lawfully begotten, for ever, with divers limitations over, in case of failure of issue of the body of the said Susanna: And some time after making the said will the said Thomas Meriwether died, whereby the said Susannah became seised of the said one thousand seven hundred and ten acres of land, and eight lots aforesaid, in tail, under the limitations and restrictions in the will of the said Thomas Meriwether mentioned. And whereas the said Susanna, after the death of the said Thomas, did intermarry with John Armistead, of the county of Gloucester, gentleman, by whom she had issue, John Armistead her eldest son and heir. And whereas sometime after the death of the said testator, his said daughter Susanna departed this live, whereby the said lands so devised to her, became vested in her said son John Armistead, who is now thereof seised. And whereas John Armistead the father, by his last will and testament in writing, bearing date the ninth day of April, in the | John Armistead authorised to sell certain intailed lands, in Essex, of the inheritance of his mother late Susannah Meriwether. |
| year of our lord, one thousand seven hundred and thirty four, did give and devise unto his daughter Susanna, six hundred pounds sterling, to be paid her when she should attain the age of twenty one years, or marriage: And did also by his said will give and devise unto his son William Armistead, six hundred pounds sterling, and did direct that the same should be paid by the said him by the said John Armistead the younger, when he should arrive at the age of twenty one years. And whereas the said Susanna has since intermarried with one Moore Fantleroy, of the county of Richmond, who soon after his marriage brought suit against the said John Armistead, the younger, in the county court of Gloucester, and obtained a decree against him for the said sum of six hundred pounds sterling, so as aforesaid given tot he said Susanna, by the said John Armistead the elder, with interest thereon from the time of his marriage. And the said William Armistead is arrived at the age of twenty one years, both which legacies still remain unpaid. And whereas the said John Armistead the younger hath not any lands whereof he is seised in fee-simple, or which he can sell in order to discharge the said legacies so as aforesaid given, and it will be very much to the disadvantage of the said John Armistead the younger, and his posterity, if the slaves given him by his said father, were to be sold in order to pay the aforesaid legacies; which if sufficient for that purpose, would render the remaining part of his lands of little or no benefit to him and his posterity. And whereas notice has been published three Sundays successively, in the several churches in the said parish of South-Farnham, that application would be made to this General Assembly, for leave to sell and dispose of the said lands pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said John Armistead, 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 from and after the passing of this act, it shall and may be lawful, to and for the said John Armistead the younger, and in case of his death, his executors and administrators, and he and they, are hereby severally impowered, to sell to any person or persons, who shall be willing to purchase the said |
| one thousand seven hundred and ten acres of land, and eight lots of land aforesaid; and to make and execute all deeds and conveyances necessary in 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 conveyances, and of this act, shall, forever hereafter, peaceably and quietly hold and enjoy the said lands, so purchased, to them and their heirs for ever: But the consideration money shall be paid by such purchaser or purchasers, to Ralph Wormeley, Christopher Robinson, Beverley Whiting, John Page, and Edmund Berkeley, gentlemen, in trust, and shall be by them, or the greater part of them, applied for and towards the payment and discharge of the legacies given by the said John Armistead, the elder, as aforesaid. | ||
| III. Saving to the king's most excellent majety, his heirs and successors, and unto all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person and persons claiming under the last will and testament of the said Thomas Meriwether, deceased, all such right, title, estate, interest, claim and demand, as they, every, or any of them, should or might have had or claimed, if this act had never been made. | ||
| IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. | ||
CHAP. XXVII. | ||
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| I. WHEREAS Lawrence Smith, formerly of the parish of Abingdon, in the county of Gloucester, gentleman, deceased, was in his life time seised in fee-simple |
| of a tract or parcel of land, situate, lying and being in the said parish of Abingdon, and the county of Gloucester, containing by estimation thirteen hundred acres, and being so seised, by a certain deed poll, bearing date the twelfth day of June, in the year of our Lord one thousand six hundred and ninety one, out of the natural love and affection he bore to his son John Smith, and for his future advancement and good livelihood, did give, grant, alien, release, and confirm unto his said son John Smith, and to the heirs of his body lawfully to be begotten, under, and upon the several conditions and limitations in the said deed after set down, and expressed, the above mentioned tract or parcel of land (by the description of all and singular that plantation, tract and seat of land, whereon he then lived, situate and being in the parish of Abingdon, aforesaid, and containing by estimation thirteen hundred acres, be the same more or less) and another plantation and tract of land in the said deed mentioned, with the appurtenances, to have and to hold the aforesaid two plantations, lands, and other the premises, to his said son John, and to the heirs male of his body, to his and their use and behoof for ever. Provided always, nevertheless, and upon this condition, and it was declared to be the true intent and meaning of the said deed, that it should not be lawful for his said son John Smith, nor the heirs male of his body, actually to take possession of either of the aforesaid plantations, or any of the other premises, during the natural life of him the said Lawrence Smith, and Mary his wife, without their allowance, consent, and good liking, any thing in the said deed to the contrary notwithstanding. And further the said Lawrence Smith, by the said deed declared, ordered, willed and appointed, and it was expressed to be the true meaning of that his said deed of gift, that if his said son John Smith should happen to die, without male heirs of his body, then, and in such case, the aforesaid two plantations, with their, and every of their appurtenances, should be, descend, remain, and continue to the next heir male of the said Lawrence Smith, and the heirs male of his body forever, and so in a continued succession, from male heir, to male heir, forever; and in case all his male heirs should fail and be extinct, then the said Lawrence Smith granted all and singular the lands, plantations, and | Intail of certain lands in Gloucester, whereof Lawrence Smith, is seized docked. |
| premises aforesaid, unto the next surviving heir of his blood, and to his, or her, and their heirs and assigns for ever. And lastly, the said Lawrence Smith, for further explaining his intent and meaning of that his said deed of gift, did order and appoint that his said son John Smith, nor the heirs male of his body, or any other of the said Lawrence Smith, his heirs male, into whose hand and possession the said lands should or might happen to come and descend, should not make nor pass any manner of estate of the said lands away, by any means whatsoever, to defeat the next heir male, contrary to the said Lawrence Smith, his true intent and meaning; nor lease out any part of both, or either of the said plantations, for longer time than eleven years; reserving and assuring in such leases, if any made, the ancient and accustomed rents, to the person or persons to whom the lands were descendable, as by the said deed acknowledged by the said Lawrence Smith, in the court of the said county of Gloucester, and remaining of record there may appear: After making which said deed the said Lawrence Smith, and Mary his wife, departed this life, and after their death the said John Smith, by virtue of the said deed, entered into, and was seised of the said tract of land in the parish of Abingdon, and died so seised, leaving Lawrence Smith his son and heir male, of his body begotten, who after the death of the said John Smith, entered into, and was seised of the said tract of land, in the parish of Abingdon, and died so seised, leaving Lawrence Smith, of the said county of Gloucester, gentleman, his son and heir male, of his body begotten, who afterwards entered, and was, and is seised of the said tract of land, in the parish of Abingdon, with the appurtenances, by virtue of the said deed of gift. And whereas the said Lawrence Smith, the great grandson of the above named Lawrence Smith, the donor, is possessed of but a very small number of slaves, which are not sufficient to cultivate and improve the said tract of land in the parish of Abingdon, and without which the same will be unprofitable and chargeable to him and his posterity. And whereas the said Lawrence Smith, the great grandson, and Warner Lewis of the county of Gloucester, gentlemen, have agreed, that in case the intail of the said tract of land in the parish of Abingdon, shall be docked, and the same be vested in |
| the said Warner Lewis, in fee-simple, four thousand acres of land, situate, lying and being in the county of Spotsylvania, whereof the said Warner Lewis is seised in fee-simple, shall be vested in the said Lawrence Smith, the great grandson, and settled to the uses declared in the said deed; and that the said Warner Lewis shall moreover pay the sum of four hundred and fifty pounds sterling, (which sum the said Warner Lewis hath sufficiently secured to be paid to the trustees herein after named) to be laid out in purchasing slaves to be settled to the same uses; which said four thousand acres of land, and slaves, are of greater value than the said tract of land in the parish of Abingdon, and county of Gloucester, and will be more beneficial and profitable to the said Lawrence Smith, the great grandson, and all other persons claiming under the said deed, more especially as the value of the said lands in Spotsylvania, ant he number of slaves to be settled therewith, will be daily increasing. And forasmuch as notice hath been published three Sundays successively, in the church of the said parish of Abingdon, that application would be made to this present General Assembly, to dock the intail of the said lands in the parish of Abingdon, and county of Gloucester, pursuant to your majesty's instructions. | |
| II. May it please your most excellent majesty, at the humble suit of the said Lawrence Smith, the great grandson, and Warner Lewis, 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 from and after the commencement of this act, the said tract or parcel of land, situate, lying and being in the parish of Abingdon, and county of Gloucester, containing by estimation thirteen hundred acres, be the same more or less, which was given by the said Lawrence Smith, the great grandfather, to his son the above named John Smith, by the deed afore recited, with the appurtenances, shall be, and the same is hereby vested in the said Warner Lewis, his heirs and assigns for ever: to have and to hold the said tract or parcel of land in the parish of Abingdon, and county of Gloucester, with the appurtenances, unto him the said Warner Lewis, his heirs and assigns forever, to the only proper use of him the said Warner Lewis, |
| his heirs and assigns for ever. And that the said tract or parcel of land, situate, lying and being in the said county of Spotsylvania, bounded as follows, to wit, Beginning at a corner of the land of the said Warner Lewis and Zachary Lewis, on Pamunkey river; thence by the said Zachary Lewis's line, up to Henry Lewis's corner; thence by his line, to the line of Henry Chiles; thence by Wyat's line; thence to Douglas's run; and thence by Douglas's run, down the same to Pamunkey river; and thence by Pamunkey river, down the same to the beginning, containing four thousand acres, with the appurtenances, shall be, and the same is vested in Mann Page, John Page, Ralph Wormley, Bernard Moore, Samuel Buckner, and Thomas Whiting, gentlemen, and their heirs in trust, to and for the use of the said Lawrence Smith, the great grandson, and the heirs male of his body begotten, and on failure of such heirs in trust, to and for the use of all and every such person and persons, for such estate and estates, and in such manner and form as the said lands in the parish of Abingdon, and county of Gloucester, would have remained, gone and descended by virtue of the limitations in the deed of the said Lawrence Smith, the great grandfather above mentioned, if this act had not been made. | |
| III. And be it further enacted, by the authority aforesaid, That the above named Mann Page, John Page, Ralph Wormeley, Bernard Moore, Samuel Buckner, and Thomas Whiting, or any four of them, after they shall have received the said sum of four hundred and fifty pounds sterling, from the said Warner Lewis, shall lay out the same, in purchasing young negroe, or other slaves, of which one third at least shall be females, and shall cause the names of all the said slaves to be recorded in the court of the said county of Spotsylvania, and after such slaves shall be purchased, the same and their increase, shall be, and are hereby vested n the said Mann Page, John page, Ralph Wormeley, Bernard Moore, Samuel Buckner, and Thomas Whiting, and their heirs in trust, to, and for the several uses herein before declared and expressed; and shall be, and are hereby annexed to the said tract or parcel of land in the county of Spotsylvania, and therewith, from time to time, and at all times hereafter, shall pass, descend, and go to the person and persons, to whom the said tract or parcel of |
| land in the county of Spotsylvania, shall descend and come, provided that the said slaves so annexed to the said land in Spotsylvania, and their increase shall not be liable to be taken in execution, and sold for the satisfying and paying the debts of the said Lawrence Smith, the great grandson, or any other person who shall be tenant in tail of the said land in Spotsylvania, otherwise than the said land in the parish of Abingdon, before the passing of this act was liable. | ||
| III. 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 and persons claiming the lands herein before mentioned, under the said deed of gift of all such right title, estate, interest, claim and demand, as they, every, or any of them should or might have had or claimed, if this act had never been made. | ||
| IV. Provided, That the execution of this act shall be suspended until his majesty's assent thereto shall be obtained. | ||
CHAP. XXVIII. | ||
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| I. WHEREAS David Bray the elder, lat of the parish of Wilmington, in the county of James City, gentleman, deceased, in his lifetime, and at the time of his death, was seised in fee-simple, of, and in four lots of land in the city of Williamsburg, and several tracts or parcels of land, in the said county of James City, containing by estimation nine hundred and fifty acres or thereabouts, and of, and in another tract or parcel lying in the county of Charles-City, containing by estimation, eighteen hundred and fifty acres or thereabouts, known by the name of Nance's-Neck; and being so seised, by his last will and testament in writing, bearing date the twenty first day of October, one | Agreement between Philip Johnson and William Armistead concerning lands in James City county and in Williamsburg established. | |
| ||
| The text in blue above, county and in Williamsburg, was faded in the original volume, and interpolated, here. |
| thousand seven hundred and seventeen, devised all his lands to David Bray his son, and declared his will and meaning to be, that if his said son David should live till he came to the age of twenty one years, and should not have issue of his body lawfully begotten, he should not sell or dispose of any of the said lands, until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both the things should happen, he gave his said son all his lands to him and his heirs forever; but in case he should die, before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body lawfully begotten, and in default of such issue, declared his will to be, that his said lands should be equally divided between the heirs of his said brother James Bray, and the lawful heir of his late deceased sister, Ann Ingles, late wife of Munro Ingles, as by the said will, recorded in the court of the said county of James-City, may, among other things appear. And after the death of the said David Bray the father, the said David Bray the son, entered into the said lands, and died seised thereof, without issue of his body; and the said testator's brother James Bray in the said will named died, leaving issue Thomas Bray, his eldest son, and heir male of his body, who after the death of the said David Bray the son, entered into the said lands, and died seised thereof, without heir male of his body, leaving a daughter named Elizabeth, then and now the wife of Philip Johnson, of the county of King and Queen, gentleman, having first made his last will and testament in writing, bearing date the seventh day of May, one thousand seven hundred and fifty one, and thereby devised the remainder in fee-simple, of one moiety of the said lands to Benjamin Waller, and William Prentis, gentleman, in trust, to, and for several uses in the said will mentioned, as by the said remaining of record, in the said court of the county of James City, may among other things appear. And whereas one Judith Bray Ingles, was heir at law of the said Ann Ingles, the sister of the said David Bray the father, and named in his will, and is intitled to the other moiety of the said lands, and hath lately married one William Armistead, gent. And whereas at a general court, held at the court-house in Williamsburg, the eleventh day of October one thousand seven hundred |
| and fifty two, in a suit in chancery, between the said Philip Johnson, plaintiff, and the said Benjamin Waller, and William Prentis, defendants, it was decreed and ordered by the said court, that the said Benjamin Waller, and William Prentis, should convey unto John Robinson, esquire, all the lands and slaves devised to them by the said Thomas Bray, to hold to the said John Robinson, his heirs and assigns, in trust, as to one moiety thereof, to, and for the use of the said Philip Johnson, during his natural life, and after his decease, intrust, to, and for the use of such child, or children, as the said Philip then had, or might thereafter have by the above named Elizabeth, his wife, to whom he should give or devise the same; by his deed, will, or other instrument in writing, duly made and executed, and to his, her or their heirs and assigns forever; subject nevertheless, to the dower of the said Elizabeth therein; and as to the other moiety in trust, to and for the use of the said Philip Johnson, his heirs and assigns forever, in case he shall pay unto such child or children, of him and the said Elizabeth, all and every such sum and sums of money, as the said Elizabeth, notwithstanding her coverture, shall by any deed or instsument in writing, duly executed by her, give, direct and appoint, according to a proviso and his covenant, contained in a certain indenture of release: But in case the said Philip Johnson, shall not pay such sum of money, then in trust, to and for the use of such child or children aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct and appoint the same: And in case the said Elizabeth, shall execute no such deed or instrument, then in trust to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to, and for the use of such child or children as the said Philip Johnson then had or might thereafter have by the said Elizabeth, to whom he shall give or devise the same, by his deed or will as aforesaid, and to the heirs and assigns of such child or children forever; subject nevertheless to the dower of the said Elizabeth, therein, as by the record and proceedings of the said suit in chancery, remaining in the general court aforesaid may among other things appear: And the said Benjamin Waller, and William Prentis, have accordingly conveyed to the said John Robinson, and his heirs, the said lands and slaves in trust, and |
| to, and for the several uses in the said decree mentioned. And whereas in case partition shall be made of the said lands, between the said Philip Johnson and Elizabeth his wife, and the said William Armistead and Judith Bray, his wife, the value of the said lands will be considerably diminished, and it will be more beneficial to all parties claiming the same, if they shall remain entire; and the said Philip Johnson, and William Armistead, have agreed, that all the said tract of land known by the name of Nance's neck, with the appurtenances, and two of the said lots of land, adjoining the lots of Dudley Digges, gentleman, and James Spiers, in Francis-street, in the said city, shall be vested in the said William Armistead, and Judith Bray his wife, and the heirs of the said Judith Bray; to hold to them in the same manner, and for the same estate, as they would have had and held the moiety thereof, if this act had not been made: And that the other two lots of land lying in the said street, between the lots of Benjamin Harrison, gentleman, and the said Benjamin Waller, and all the said tracts or parcels of land in the county of James City aforesaid, with the appurtenances, shall be vested in the said John Robinson, to hold to him, his heirs and assigns in trust, and to and for the same uses, and in the same manner, as the said John Robinson and his heirs would have had and held one moiety thereof, if this act had not been made: And that the said William Armistead shall pay to the said John Robinson the sum of three hundred and ninety pounds, the value of one moiety of the said tract of land, known by the name of Nance's-neck, more than the value of the said tracts or parcels of land in the said county of James-City, to be laid out by the said John Robinson in purchasing slaves, to be held by him in trust, to and for the same uses, and in the same manner, as the lands and slaves conveyed to him by the said Benjamin Waller and William Prentiss, as aforesaid, which agreement the said Judith Bray, the wife of the said William Armistead, and the said Elizabeth, the wife of the said Philip Johnson, are willing to have confirmed. | |
| 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 the agreement above mentioned between the said parties, be, and is hereby confirmed and established, and shall forever hereafter be valid |
| and binding between them and their heirs, and all others claiming under them. And that all the aforesaid tract of land, known by the name of Nance's neck, and every part thereof with the appurtenances, and the said two lots of land adjoining the lots of the said Dudley Digges and James Spiers, shall be, and the same are thereby vested in, and shall be held, possessed and enjoyed by the said William Armistead, and Judith Bray his wife, and their heirs, and they shall be seised thereof in the same manner, and of, and in the same estate, as they would have had, held, and been seised of, in the one moiety thereof, if this act had not been made. And that all the aforesaid tracts or parcels of lands, in the said county of James City, with the appurtenances, and the said two lots of land, lying between the lots of the said Benjamin Harrison, and Benjamin, Waller, shall be, and the same are hereby vested in, and shall be held by the said John Robinson, his heirs and assigns, and he, and they shall be seised of the same, in the same manner, and of, and in the same estate, and in trust, and to, and for the same uses as the lands and slaves conveyed to him the said John Robinson, by the said Benjamin Waller, and William Prentis, as aforesaid; and that the said John Robinson, his heirs, executors, and administrators, after the above mentioned three hundred and ninety pounds shall be paid to him or them, shall lay out the same in purchasing slaves, and the said John Robinson, his heirs, executors, and administrators, shall hold and be possessed of such slaves so to be purchased, in trust, and to, and for the same uses as the lands and slaves conveyed to him by the said Benjamin Waller, and William Prentis, as aforesaid, a list of the names of which slaves shall be, by the said John Robinson, returned to the court of the said county of James City, there to be recorded. | |
| III. 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, all such right, title, estate, interest, claim, and demand, of, in, or to either of the above mentioned tracts of land, other than the persons claiming under the said Judith Bray, the wife of the said William Armistead, and the last will and testament of the above named Thomas Bray, or either of them, as they, every, or any of them should or might claim, if this act had not been made. |
| ANNO REGNI GEORGII II, Regis, Angliæ, Soctiæ, Franciæ, et Hiberniæ, vicessimo septimo.
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Robert Dinwiddie, esq. Governor. | ||
CHAP. I. | |||
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Edit. 1769, p. 318. | ||
| I. Whereas many of his majesty's faithful subjects have been encouraged by the acts of the General Assembly heretofore made, to settle and inhabit on his lands in this colony, in and near the waters of the river Mississippi, and it hath been represented to this present General Assembly, that the subjects of the | Preamble. |
| French king, and by their instigation, the Indians in alliance with them have encroached on his majesty's said lands, murdered some of his subjects, and taken others captive, and spoiled them of their goods and effects, and are indeavouring to seduce the Indians in friendship with us; and this General Assembly, considering the present exigency, the low circumstance of the treasury, and that the funds already appropriated by law are not sufficient to protect his majesty's subjects from the like cruelties and depredations, but willing to testify our zeal for his majesty's service, and the interest of this country, and to prevent such mischiefs for the future, are desirous that it may be enacted, and, | |
| 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 the treasurer of this colony, shall, and he is herebe impowered and required, to borrow a sum of money, not exceeding ten thousand pounds, or so much thereof as shall be found necessary and expedient, at an interest of six per centum, and that the honourable William Nelson, Thomas Nelson, Philip Grymes, and Peter Randolph esquires, John Robinson, esquire, Charles Carter, Carter Burwell, Benjamin Waller, Richard Bland, James Power, William Digges, Dudley Digges, John Page, and John Chiswell, gentlemen, or any nine of them, shall, from time to time, with the consent and approbation of the governor or commander in chief, for the time being, direct and appoint how the said money shall be applied, towards the protecting and defending his majesty's subjects, who now are settled, or hereafter shall settle, on the waters of the river Mississippi, and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, who is hereby required to pay the same, accordingly: And the said directors shall keep an account of their proceedings, and of the several particular services for which they shall appoint the said money to be laid out in pursuance of this act, and lay the same before the General Assembly when thereto required. And for raising a fund to repay the money to be so borrowed as aforesaid, and interest. | Treasurer impowered to borrow money at 6 per cent. Directors appointed. |
| III. Be it further enacted, by the authority aforesaid, That from and after the passing of this act, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony and dominion for sale, either by land or water, from any part or place whatsoever, by the buyer or purchaser, after the rate of five per centum, on the amount of each respective purchase, over and above the duty already laid upon slaves imported as aforesaid; which said additional duty shall be paid, collected and accounted for, in such manner and form, and according to such rules, and under such penalties and forfeitures, as are mentioned, prescribed, and appointed, for the paying, collecting and accounting for the duty already raised and imposed upon slaves imported, by the several acts of Assembly now in force, and made for that purpose; and that every article, rule and clause contained in the said acts, concerning the paying, collecting and accounting for the said former duty shall be used, exercised, and put in practice, for paying, collecting and accounting for the said duty hereby imposed, as if the same articles, rules, and clauses were inserted in this act: And moreover, the duty of twenty shillings for every coach, chariot, and other four wheel carriage (waggons excepted) and ten shillings for every chair, and two wheeled chaise, by the owner or proprietor thereof, and that every such owner or proprietor, some time before the tenth day of April yearly, shall deliver a list of each and every such carriage to the clerk of the court of the county wherein the owner shall reside, under the like penalty, and to be recovered in the same manner as is directed by the act of the General Assembly in the case of concealing tithables; which clerk shall forthwith transmit a copy of such list to the treasurer, and deliver another copy thereof to the sheriff of the county, which duty shall be by such sheriff collected levied and accounted for, and paid to the treasurer, in the same manner as the duties abovementioned: and also the further duty of twenty shillings for every ordinary licence, to be paid down by the person obtaining the same, to the clerk of the court where such licence shall be granted; and two shillings and six pence for every original writ in any action or suit at common law, and subpœna in chancery, in the general court, for every summons on | Additional duty on slaves, imported, On wheel carriages. On ordinary licenses. |
| a petition for lapsed lands, and for every caveat entered in the secretary's office, and one shilling and three pence for every such writ or subpœna in the county, or other inferior court, to be paid down by the plaintiff in such suit, to the clerk of such court, before such writ, subpœna, or summons shall be issued, or caveat entered, but not taxed in the bill of costs; and together with the duties upon ordinary licenses accounted for upon oath, and paid by such clerk, to the said treasurer, in the months of April and October yearly, deducting after the rate of five per centum for his trouble in receiving, accounting for, and paying the same. And if any such clerk shall neglect or refuse to account for, and pay the said duties by him received, according to the directions of this act, it shall be lawful for the general court, or the court whereof he is a clerk, upon a motion to them made by the treasurer, to give judgment against such clerk, for all the said duties so by him received, and thereon to award execution. | On process at law. |
| IV. Provided that ten days previous notice be given of such motion. | Proviso. |
| V. And for encouraging persons to lend money on this occasion, Be it further enacted, by the authority aforesaid, That the revenues or duties arising by the importation of liquors and slaves, and all the other duties imposed by this act, shall, and are hereby declared to stand, be, and remain as a security for the payment of the money so to be borrowed as aforesaid, and the treasurer is hereby required to repay the money so to be borrowed, with interest, out of the first public monies that shall come to his hands, either by receipt of the duties aforesaid, or otherwise. | Duties to remain as a security for payment of the money borrowed. |
| VI. And be it further enacted, by the authority aforesaid, That this act as to so much thereof as relates to the raising and imposing the duties, and collecting and paying the same, shall continue and be in force, for and during the term of three years, and no longer. | Continuation of this act. |
| CHAP. II. | ||
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| I. FOR establishing a better method of appointing patrollers, and for declaring their duty, 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 for the chief officer of the militia, residing in every county, and he is hereby required, some time before the tenth of June yearly, to appoint an officer, and so many men of the militia as to him shall appear to be necessary, not exceeding four, once in every month, or oftener if thereunto required by such chief officer, to patrol and visit all negroe quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, and other disorderly persons, and such patrolers shall have power and authority to take up any such slaves, servants, or disorderly persons, as aforesaid, unlawfully assembled, or any other strolling about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace, who if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her bare back well laid on: And in case one company of patrolers shall not be sufficient, to order more companies for the same service: And after every patrol the officer of each party, shall return to the captain of the company whereunto he belongs, a report in writing, upon oath, (which oath such captain is hereby impowered to administer) of the names of those of his party who are upon duty, and of the proceedings in such patrol; and each captain shall once in every month, deliver such patrol returns to the county lieutenant, or chief commanding officer resident in his county, by whom they shall be certified and delivered to the next court-martial; and if they shall adjudge the patrollers to have performed their duty according to law, the chief officer shall certify | Chief officer's duty in appointing patrollers. Patrollers authority and duty. |
| the same to the county court, who upon such certificate, are hereby impowered and required, at the laying of their county levy, to allow to, and levy for every one of the patrollers, ten pounds of tobacco for every twenty four hours they shall so patrole; and moreover such patrollers shall be exempt from attendance at private musters, and from the payment of public, county, and parish levies for their own persons, for those years in which they shall be employed in that service. | Their allowance. | |
| II. And be it further enacted, by the authority aforesaid, That if the chief officer of the militia, residing in any county, shall fail to appoint patrollers, according to the directions of this act, such officer shall forfeit and pay the sum of five pounds; and every person appointed to patrol in pursuance of this act, failing to do his duty therein shall pay the sum of five shillings for every failure, which fines shall be laid by the court martial of the county, and shall be collected, levied, accounted for, and appropriated, as by an act of Assembly made in the twelfth year of the reign of his present majesty, intituled, An act for the better regulation of the militia, is directed for fines imposed by the said act. | Penalty on officer not appointing patrollers. Penalty on patrollers not performing their duty. | |
| IV. And be it further enacted, That so much of the said recited act as relates to any thing within the purview of this act, be, and the same is hereby repealed. | Repealing clause. | |
CHAP. III. | ||
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| I. WHEREAS by one act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's account it should appear, that there are | Burgesses wages payable in money. |
| monies sufficient, in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, saving and reserving in the hands of the treasurer over and above the said payment a balance of one thousand five hundred pounds at least, then every Burgess elected, and serving for a county or corporation within this dominion, should be paid out of the public money the sum of ten shillings for each day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large directed. | |
| II. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, and the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll, 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 the Burgesses wages for this present session of Assembly, shall be paid by the treasurer on the twenty-fifth day of April, in the year of our lord, one thousand seven hundred and fifty five out of the public monies then in his hands, according to the directions and regulations in the said recited act, mentioned, any thing in the said act, to the contrary thereof in any wise notwithstanding. | |
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