Septima Pars Patentium de Anno Regni Regis Iacobi Secundi Quarto.

IAMES the Second, D' Con' Thome Dno Colpepper. by the Grace of God King of England, Scotland, France, and Ire­land, Defender of the Faith, &c. To all to whom these Presents shall come, Greeting. Whereas Our late Royal Brother of Blessed Memory by His Letters Patents under the Great Seal of England, bearing Date at Westminster, the eighth Day of May, in the one and twentieth Year of His Reign, for the Considerations therein expressed, did give, grant, and confirm unto Henry Earl of St. Albans, Iohn Lord Berkeley, Sir Wil­liam Morton and Iohn Trethewy, their Heirs and Assigns for ever, all that intire Tract, Territory, or Parcel of Land, situate, lying, and being in America, and bounded by and within the Heads of the Rivers Tappahanock aliàs Rapa­hanock and Quirriough or Pattawomacke Rivers; the Courses of the said Rivers, as they are commonly called or known by the Inhabitants and Descriptions of those Parts, and Chesapoyocke Bay; together with the Rivers themselves, and all the Islands within the Banks of those Rivers; and all Woods, Underwoods, Timber, and Trees, Ways, Waters, [Page 2] Rivers, Ponds, Pools, Water-Courses, Fishings, Streams, Ha­vens, Ports, Harbours, Creeks, Wrecks of Sea, Fish, Royal Deer, Wild Beasts and Fowl of what Nature and Kind soever; Mines of Gold and Silver, Lead, Tinn, Iron and Copper, and Quarries of Stone and Coal, which then were or at any Time then after should be had, coming, being, arising, renewing, accrewing, found, or taken within the Bounds and Precincts a­foresaid; together with the Royalties of Hawking and Hunting, for themselves, their Heirs and Assigns, Servants and Tenants, in and upon the Lands and Premisses aforesaid, and in and upon every Part and Parcel thereof; saving, excepting, and reserving to Himself, His Heirs and Successors, one full fifth Part of all Gold Mines or Gold Oare, and one full tenth Part of all Silver Mines and Silver Oare thereafter to be had or found within the said Tract or Territory of Land: To have, hold, and enjoy all the said Tract, Territory, or Portion of Lands, and all and singu­lar other the Premisses, with their and every of their Appurte­nances thereby granted or mentioned, or intended to be granted (except as before is excepted) to the said Henry Earl of St. Al­bans, Iohn Lord Berkeley, Sir William Morton and Iohn Tre­thewy, their Heirs and Assigns for ever, to their only Use and Behoof, and to no other Use, Intent, or Purpose whatso­ever; yielding and paying therefore Yearly on the Feast of St. Iohn Baptist, to Him, His Heirs and Successors, the Sum of Six Pounds Thirteen Shillings and Four Pence, at the Receipt of Iames-Towne in the Dominion of Virginia, in lieu of all Services and Demands whatsoever, as by the same Letters Pa­tents, amongst several other Grants, Powers, Authorities, Pri­vileges, Licences, Clauses and Provisoes therein contained, re­lation being thereunto had, more fully and at large it doth and may appear, in which amongst several other Things there is particularly inserted this Proviso following: Provided also, that as to so much, and such Part and Parts of the Pre­misses hereby intended to be granted, as within the Time and Space of one and twenty Years now next coming shall not be possessed, inhabited, or planted at or by the Means or Procurement of the said Henry Earl of St. Albans, Iohn Lord Berkeley, Sir William Morton, and Iohn Tre­thewy, their Heirs and Assigns, these Presents, and the Grant hereby made shall cease, determine, and be void; And we, Our Heirs, and Successors, may dispose thereof to any other Person or Persons whatsoever, any Thing herein contained to the [Page 3] contrary notwithstanding. And whereas the said Henry Earl of St. Albans, Iohn Lord Berkeley, Sir William Morton, and Iohn Trethewy, their Heirs and Assigns, have by good and sufficient Conveyances and Assurances in the Law, for valuable Considerations, sold, conveyed and assured the said whole Tract, Territory, and Portion of Land, and all and singular the Premisses and every Part and Parcel thereof, and all their Estate, Right, Title and Interest therein, together with the said Letters Patents unto Thomas Lord Culpepper, eldest Son and Heir of Iohn late Lord Culpepper deceased, his Heirs and As­signs for ever, who is thereby become sole Owner and Proprietor thereof in Fee Simple, to whom we are willing to give all due Encouragement and Assistance, by confirming and enlarging the said Letters Patents, and releasing the last before mentioned Proviso. Now know ye, That We, for and in Considera­tion of the many faithful and acceptable Services done unto Our late Royal Father and Brother of Blessed Memory, by the said Iohn Lord Culpepper, as also by the said Thomas Lord Culpepper to Our said late Royal Brother and Our self, and all along from Time to Time, and for divers other good Causes and Conside­rations Us thereunto especially moving, of Our especial Grace, certain Knowledge, and mere Motion, have given, and granted, and confirmed, and by these Presents for Us, Our Heirs and Successors, do give, grant and confirm unto the said Thomas Lord Culpepper, all all that entire Tract, Territory or Parcel of Land, situate, lying, and being in Virginia in America, and bounded by and within the first Heads or Springs of the Rivers of Tappanhanocke aliàs Rappahanocke, and Quiriough aliàs Pa­tawomacke Rivers, the Courses of the said Rivers, from their said first Heads or Springs, as they are commonly called and known by the Inhabitants, and Descriptions of those Parts, and the Bay of Chesapoyocke, together with the said Rivers themselves, and all the Islands within the outermost Banks thereof, and the Soil of all and singular the Premisses, and all Lands, Woods, Underwoods, Timber and Trees, Ways, Moun­tains, Swamps, Marshes, Waters, Rivers, Ponds, Pools, Lakes, Water-Courses, Fishings, Streams, Havens, Ports, Harbours, Bays, Creeks, Ferries, with all Sorts of Fish, as well Whales, Sturgeons, and other Royal Fishes, as all others whatsoever, Wrecks of Sea, Flotson, Jetson, and Lagan, and all Sorts of Deer, Wild Beasts, and Fowl, of what Nature or Kind soever; and all Manner of Deodands, Goods of Felons and Fugitives, [Page 4] Treasure Trove, Waifs, Strays, Fines, Forfeitures, Escheats, Advowsons, Royalties and Hereditaments whatsoever, with all Mines of Gold and Silver, Lead, Tin, Iron and Copper, and all Quarries of Stone and Coal within the Limits and Precincts aforesaid, which now are, or at any Time or Times hereafter, shall be had, coming, being, arising, growing, renewing, accrewing, found, or taken within the Bounds, Limits, Pre­cincts or Places aforesaid: Saving, excepting, and reserving to Us, Our Heirs and Successors, one full fifth Part of Gold Mines, or Gold Oare, and one full tenth Part of all Silver Mines, and Silver Oare, now being, or hereafter to be had or found within the said Tract, or Territory of Land; To have, hold and enjoy all the said Tract, Territory, or Portion of Land, and every Part and Parcel thereof, and all and singular other the Premisses, with their and every of their Appurtenances hereby granted or mentioned, or intended to be granted, ex­cept as before is excepted, to the said Thomas Lord Culpepper, his Heirs and Assigns for ever, to his and their only Use and Behoof, and to no other Use, Intent or Purpose whatsoever, yielding and paying therefore yearly from henceforth, on the Feast of St. Iohn Baptist, to Us, Our Heirs and Successors, the Sum of six Pounds thirteen Shillings and four Pence, at the Receipt of Iames-Town in Our Colony of Virginia▪ in lieu of all Ser­vices and Demands whatsoever, the first Payment thereof to be made on the Feast Day of St. Iohn Baptist next ensuing the Day of the Date of these Presents. And We do hereby, for Us, Our Heirs and Successors further give, grant, ratify and confirm to the said Thomas Lord Culpepper, his Heirs and As­signs for ever, all and singular the Grants, Powers, Au­thorities, Privileges, Licences and Clauses in the said herein before recited Letters Patents mentioned, granted, or con­tained, in as large and ample Manner to all Intents and Pur­poses whatsoever, as if the same and every of them had been particularly granted and expressed in these Our Letters Pa­tents, except only the above mentioned Proviso. And We do further of Our especial Grace, certain Knowledge, and mere Motion, for Us, Our Heirs and Successors, fully and absolutely for ever release and discharge the said above men­tioned Proviso, and every Part thereof, and every Matter and Thing therein contained, in as large and ample Man­ner to all Intents and Purposes whatsoever as if the same had never been made, hereby declaring the same to be null [Page 5] and void. And the said Thomas Lord Culpepper, his Heirs and Assigns, and the said Tract, Territory and Premisses, and every Part thereof, to be for ever freed, cleared, and dis­charged from the same, so and in such Manner, that the said Thomas Lord Culpepper, his Heirs and Assigns, may freely and absolutely enter into, have, hold, occupy, possess and en­joy the said Tract, Territory, and all and singular other the Premisses freed and discharged of the said Proviso, and all Right, Title, and Equity thereupon, to be had in as large, ample, be­neficial Manner to all Intents and Purposes, as if the same Proviso had been never had or made, any Thing in the said recited Letters Patents, or any Thing therein or herein con­tained to the contrary thereof in any wise notwithstanding. And We do for Us, Our Heirs and Successors, fully and ab­solutely release and discharge the said Thomas Lord Culpep­per, his Heirs and Assigns, and the said Tract, Territory and Premisses, and every Part thereof, from all Arrears of the said Rent of six Pounds thirteen Shillings and four Pence due at any Time before the Day of the Date hereof, and from all other Claims and Demands whatsoever, except what is in these Pre­sents excepted and reserved to Us, Our Heirs and Successors. And We do hereby, for Us, Our Heirs and Successors, straight­ly charge and command the Governor and Council of Virginia now and for the Time being, and all Judges, Sheriffs, Es­cheators, and other Officers whatsoever, now and for the Time being in Our said Colony severally and respectively, that they, or any of them, do not intermeddle with the Dis­posal, or disturb the said Thomas Lord Culpepper in the full and quiet Enjoyment of the afore mentioned Tract and Ter­ritory, or any Part thereof, or of the hereby granted Escheats, Advowsons, Royalties and Premisses, or any of them; but that they and every of them in their respective Places and Stations be aiding and assisting to him the said Thomas Lord Culpepper, his Heirs and Assigns, in and about the same, and in the Execution of all and singular the Grants, Pow­ers and Authorities hereby granted and confirmed, or men­tioned or intended to be hereby granted and confirmed, ac­cording to Our Royal Intent and Meaning herein before de­clared. And lastly, We do for Us, Our Heirs and Succes­sors, declare and grant that these Our Letters Patents, or the Enrollment thereof, shall be in and by all Things firm, valid, and effectual in the Law, according to the Tenor and [Page 6] true Meaning of the same, notwithstanding the not describ­ing or setting forth, or not rightly or truly describing or setting forth of the said Tract, Territory or Parcel of Land, or any other the Premisses hereby granted, or of the Buttings, Boundaries, or Situation of the same, or of any Part thereof, or of any Tenants, Farmers, or Occupiers of the Premisses, or any Part thereof, or any other Defect, Omission, Non-Recital, Mis-recital, Incertainty, or Insufficiency in these Our Letters Patents, or any Act, Statute, Ordinance, Provision, Usage, Custom, Restriction, or any other Matter, Cause or Thing whatsoever to the contrary in any wise notwithstanding. And although express Mention, &c.

In Witness, &c.

Witness the King

By Writ of Privy Seal.

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