404 Stratton Ma MARCH 24, 1655. [This was the session of March, 1654-5.-The preceding session was that of March 10th, 1655-6, as appears both from the date in page 403 and from the adjournment mentioned in page 407.-They are here published in the order in which they were arranged in the MS. the mistake not having been discovered in time.] PUBLIC ORDERS OF ASSEMBLY.† · ORDERED, That from Poropotank to Mattapony jor parish es- vpward (vizt) on the north side of Yorke river be a distinct parish by the name of Stratton Major. tablished. ORDERED, That no surveyor or surveyors be elected but such as are chosen by the comissioners of such counties where such occasion shall be offered, and those so chosen to be recommended to the said com❜rs. by persons well experienced in the faculty, and such as at the present are not sufficiently qualified for the purpose aforesaid to be devested of such imployment or imployments and the comissioners to judge and determine of theire qualifications after such cognizance given as aforesaid. VPON the petition of the Isle of Wight Burgesses in behalfe of the inhabitants of that county, It is ordered, That 3 of the comiss'rs. of each county, (that is to say) of Nanzemund and the Isle of Wight county shall meet att a sett time before the next Assembly to Under the title of "Public Orders of Assembly" are inserted promiscuously, the Journals of the House of Burgesses, containing the appointment of committees, &c. the Resolutions of the Assembly on general and local subjects, which have the force of laws, and the decisions of the house on appeals in civil actions. To insert the whole of these orders, would occupy too much room.-Such parts, therefore, as merely relate to individuals, and will throw no light on the history or jurisprudence of that period, are omitted. lay out the bounds of each county, and in case of difference to render account thereof to the next Assembly that it might be determined. ever or fee IN the case of John Bromfeild, plt. and widdow Broomfeild vs. Crumpe defendant, It being found that the will of Crumpe. Richard Buck, from whence the land descends to the Construction orphant, there does not appeare any estate past to Brid- of a will, get Bromfeild, late wife of John Burrowes otherwise which not using the then for terme of life onely: there being not mention words heirs, in the said will of heires, assignes for ever, nor in fee assigns for simple, &c. Likewise it being found, that this very simple, &c. case in November 29, 1642, was adjudged by the Go- held that the vernour and Councill to be but an estate for tearme of devisee took life and soe thrice voted in this Grand Assembly: an estate for Likewise it being further found that there were 5 other guardians of the said Buck's children by the said will and that they never claimed an estate in ffee simple but onely for tearme of life: It is therefore ordered that the said Elizabeth Crumpe continue her possession without any further molestation in the premisses, it being voted and concluded as aforesaid. life only. IN the difference between Capt. Streeter, who marri- Streeter vs. ed Mrs. Burbage, the relict of Capt. Thomas Burbage, her Burbage's It is ordered, That the plantation of the said Burbage att Nansemund be equally devided in quantity and Dower, how quality both land and houseing, and all other lands assigned and of the said Burbage be divided according to quantity what proporand quality as aforesaid into thirds by a jury vpon the lands. place of both which being soe devided the said Streeter's wife is to chuse which halfe of the plantation att Nansemund and which thirds of the other land she pleaseth to enjoy; the same only for her life: And Wm. Burbage to take the remainder as heire att lawe, the charges of those divisions to be bearen according to each others proportions. Hyggan vs. Norwood. In the difference between Carbery Kyggan and Wm. Norwood, It is ordered, That Kyggan pay the charge of the jury and what was incident therevnto: but that Norwood satisfie the said Kyggan 700 lb. of tobacco for damages the said Kyggan susteined in the creed. Specific performance de Com'wealth vs Swann. Homicide ture. house, orchard and the ffence belonging to the corne ffeild, and that each partye since the said jury bear their own charges, And that Norwood deliver vp Kyggan's bill, it appearing alreadie satisfied, and make a firme conveyance of the land bought of him by Kyggan to his heires and assigns for ever. WHEREAS Leift. Coll. Tho. Swann at a sessions holden by commission from the Governour the second per misadven- day of July last, in Surry County, accused & impeached for the death of his servant one Elizabeth Buck, The fact found by the jury homicide per misadventure whereby he is by law of England to sue out his pardon of course vnder the broad seale from the chancellor, ffor obteyning of which he hath now humbly addressed himselfe to the Governour and Councill Vpon consideration thereof had Pardon grant ed by the as sembly, there being no chancellor or pub lic seal in the colony. Whereas this collony is not as yet settled with such officers as belong to passing such pardons and noe publick seale being in the countrey, The Governour, Councill and Burgesses of this present Grand Assembly conceive it sufficient to declare, That the said Thomas Swan be discharged from further trouble, and be restored to the like condition he was in before the said homicide per misadventure comitted by him, and that he may safely acquiesse herein as if his pardon had bin sued out formally. And as concerning his goods and chattles to be forfeited thereby, they likewise conceive and declare that the rigor and forfeiture hereof shall not be taken, and that he shall be acquitted for the same. BY THE ASSEMBLY: The Assembly desire to be informed whether legall proceedings were had in the tryall of Left. Coll. Tho. Swan by those judges appointed by the Governour's comission. ed. The legality being averred it is ordered to be record CHARLES NORWOOD, Clk. Assem. of assembly. ORDERED that this Assembly be adjourned till Adjournment the 10th day of March next, 1656, And in case any of the present Burgesses are now elected sherriffs the inhabitants of such countyes are to proceed to new elections. ATT A GRAND ASSEMBLY, HELD AT JAMES CITTIE. Deed from Berkeley to net for a KNOW all men by these presents, That I Sr. William Berkeley, Knt. doe by these presents in consideration of the quantity of seaven and twenty thousand five hundred pounds of tobacco to me in hand paid house at Jas. the receipt whereof I hereby acknowledge and divers City. good causes and considerations me therevnto mooveing give and grant, bargaine and sell vnto Richard Bennett, Esq. Governour of Virginia and to his heires and assignes for ever all my right, title and interest that I have or may have in my house in James Cittie, lately in the tenure of William Whittby being the westermost of the three brickhouses which I there built: To have and to hold the said third brickhouse with the appurtenances and land therevnto belonging to the said Richard Bennett, his heires and assignes for ever.And I the said Sr. William Berkeley further agree & promise to make any further assurance in law vpon reasonable demand as by counsell learned in the lawes shall be thought fitt, In wittness whereof I have herevnto sett my hand and seale the thirtieth day of March, one thousand six hundred fifty five. WILLIAM BERKELEY: Signed, sealed and delivered in the WILLIAM CLAYBORNE. presence of vs, THO. BRERETON, STEPHEN GRAY, THOMAS ELLIS. The 30th of March, 1655. Livery of seizin. LIVERY and seizin was the day and yeare abovewritten given and delivered to the said Richard Bennett, Esq. by the within named Sr. William Berkeley, Knt. of the House within named, In the presence of vs, William Clayborne, William Waters, Thomas Brereton, Stephen Gray, Thomas Ellis. CHA: NORWOOD, Clk. Assem. ATT A GRAND ASSEMBLY, HELD ATT JAMES CITTY, MARch 31, 1655. Clerks to give receipts for papers received by them. Ordered the Governour and Councill be as followeth :* EDWARD DIGGS, Esq. GOVERNOUR. Coll. Wm. CLAYBORNE, Secretary and next in Council. Capt. John West, Coll. Bridges ffreeman, Coll. Edward Hill, Capt. Wm. Gooch. ORDERED that the clerke or clerkes of the coun ty court in James Cittie, and all other courts withie this collony shall give a receipt of what draughts or writings they shall receive of any person or persons whatsoever. *This is the second election of Governour and Council, which appears to have been made since the existence of the commonwealth. Richard Bennett was elected the first Governour, on the 30th of April, 1652, (see ante pa 371) and held that office till the election of Diggs on this 31st of March, 1655. |
