A Collection Transcribed
and Digitized
by Edmund Berkeley, Jr.
List of Letters
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Summary
Power of Attorney from Thomas Lord Fairfax and William Cage to Robert Carter, July 5, 1721
This "Coppy" of a power of attorney from Thomas Lord Fairfax and William Cage to Robert Carter, July 5, 1721, gives Carter the authority to act for Fairfax and Cage to administer the Northern Neck proprietary with virtually unlimited powers including the right to grant lands in their names, and particularly, to collect debts due them from Edmund Jenings. The lengthy document states the chain of title of ownership of the proprietary to Fairfax and Cage (as executor of Lady Catherine Fairfax), and thus their right to grant power of attorney. It refcers to an indenture dated June 27, 1720, in which they had "lett" the propriety to Carter for a term of six years "for the Consideration therein mentioned."
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[County Kent, England]
[. . . fifth day of July . . . 1721]
To all Christian People
to whome --
these Presents shall come We the Right Hon:ble Thomas
Lord Fairfax of Leeds Castle in the County of Kent and
Baron of Cameron in Scotland And William Cage
of
Milgate in the Parish of Bearsted in the said County of
Kent Esquire Executor of the last Will and Testament of the
late Right Hon:ble Catherine Lady Fairfax
Deceased
Baroness Dowager of Cameron in Scotland the only --
Daughter and Heir of Thomas Late Lord and Margaret
Late Lady Culpeper Deceased Send Greeting
in our Lord God Everlasting: Whereas
the late
King Charles the second by his Letters Pattents under the
the great Seal of England bearing Date att Westminster --
the Eighth day of May in the One and Twentieth Year
of his Reign for the Consideration therein Expressed
Did Give Grant and Confirme unto Henry Earl of St:
Albans, John Lord Berkeley Sr: William Morton and
John Treathway their Heires and Assigns for Ever
All that Entire Tract Territory and Parcell of Land
Situate lying and being in America and bounded by
and within the Heads of the Rivers Tophanock als:
Rappahan: and Quirconough or Potowmack Rivers the
Courses of the said Rivers as they are Commonly Called
or known and the Inhabitants and Descriptions of
these Parts and Chesapeak York bay Together with
the Rivers themselves, and all the Islands within the
Banks of those Rivers And all Woods Underwoods Timber
and
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and Trees Wayes Water Rivers Ponds Pools Water Courses
Fishing Streams Havens Ports Harbours Creeks Wrecks
of the Sea Fish Royall Dear Wild Beasts and Fowles of
what Nature or kind soever Mines of Gold and Silver
Lead Tinn Iron & Copper & Quarries of Stone & Coal
which then were or att any time hereafter should be
had Coming being Ariseing Renewing Acrueing --
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 Parcell thereof Saving and Excepting One full
and Equal fifth Part of Gold Mines or Gold Oar
and One full Tenth Part of all Silver Mines and
Silver Oar To Have
hold and Enjoy all the
said Tract Territory or Portion of Land and all and
Singular the Premisses with their and Every of their
Appurtenances thereby Granted or mentioned to be
Granted (Except as before is Excepted) to the said
Henry Earl of St:Albans, John Lord Berkeley Sr.
William Morton and John Treathway their Heires &
Assigns for Ever Yielding
and paying therefore
yearly on the Feast of St: John the Baptist
to him the
said late King his Heires and Successors the Summ
of six Pounds thirteen shillings and four pence
att the Receipt James Town in the Dominion of
Virginia, in Lieu of all Services and Demands
whatsoever as by the same Letters Pattents Amongst
severall other Grants Powers Authorities Priviledges
Licenses Clauses and Provisoe's therein Contained &
thereby Granted unto the said Earle of St. Albans-
John
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John Lord Berkeley Sr: William Morton and John Treathway
their Heires & Assigns appears And Whereas
the
said Henry Earl of St: Albans, John Lord Berkeley Sr: Wm:
Morton and John Treathway did by good and Sufficient
Conveyances and Assurances in the Law for Valuable
Considerations Sell Convey Assure and Transferr the said
whole Tract Territory and Portions of Land and all
and singular the Premisses and Every Part and --
Parcell thereof and all their Estate Right Title and
Interest therein together with the said Letters Pattents
and all the Powers Authorities and Priviledges --
thereby Granted and Given unto Thomas Lord --
Culpeper Eldest Son and Heir of John late Lord
Culpeper deceased his Heires and Assignes for Ever
who did thereby become sole Owner and Proprietor
thereof in Fee Simple And Whereas
the
late King James the second by his Letters Pattents
under the Great Seal of England bearing date the
Twenty Seventh day of September in the fourth Year
of his Reigne for the Consideration therein mentioned
Did Give Grant Release and Confirme unto the said
Thomas Lord Culpeper All That the said Intire Tract
Territory or Parcell of Land Situate lying and being
in Virginia in America above Mentioned and
Described and all and Singular the Powers Priviledges
and Promises aforesaid Freed and Discharged of a
Provisoe Contained in the said First Letters Pattents
Saving and Excepting one full Sixth Part of Gold
Mines and Gold Oar and one Full Tenth Part of
Silver Mines and Silver Oar To Have Hold
and Enjoy all the said Tract Territory or Portion of
Land and Every Part and Parcell of the same and all and
Singular other the Premisses with their and Every of their
appurtenances
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Appurtenances and Powers Authorities and Premisses
thereby Granted and Confirmed (Except as before Excepted)
To the said Thomas Lord Culpeper his Heirs and
Assignes for Ever to his and their Only Use and
Behoof
and to no other Use Intent or Purpose --
whatsoever Yielding
and Paying from --
thenceforth Yearly on the Feast Day of St: John --
Baptist to him the said late King James his Heirs
and Successors the Summ of six Pounds Thirteen
Shillings and four pence att the Receipt of James
Town in his Collony of Virginia in Lieu of all services
and Demands whatsoever, the first Payment thereof
to be made on the Feast Day of St. John Baptist then
next Ensuing the day of the Date of the said Letters
Pattents as by the said Letters Pattents amongst other
things therein Contained may more fully and att
large appear And Whereas
Alexander
Culpeper being Seized in Fee and Law full possessed
with one full Sixth Part of the said whole Tract --
Territory and Portions of Land and all and Singular
the Premisses by Descent from Thomas Culpeper Esqr:
his Father Deceased Did Consent and Agree with the
said Thomas Lord Culpeper that the said last Recited
Letters Pattents should and might be had and taken
in the Name Only of him the said Thomas Lord
Culpeper he then having in himself five Parts (the
Whole in Six Parts to be Divided of the said Tract --
Territory and Portions of Land and Premisses And
for the better Enabling so to do he the said Alexander
Culpeper Did Surrender his Conveyance Right and
Interest for in and to the Premisses unto the said
Thomas Lord Culpeper And the said last Recited Letters
Pattents were had and taken accordingly in the Name of
the said Thomas Lord Culpeper and whereas
the
said
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said Thomas Lord Culpeper did thereupon Contract and
Agree with the said Alexander Culpeper that when and
as soon as the said last Recited Letters Pattents should
be had and obtained He the said Thomas Lord Culpeper
should and Would by good Conveyance and Assurance
in the Law Reconvey and Reassure unto the said --
Alexander Culpeper and his Heirs one full sixth part
of the said Tract Territory or Portions of Land and all
and Singular the Premisses And Whereas
the
said Thomas Lord Culpeper Dyed before he Executed such
Conveyance or Assurance Leaving the said Catherine Lady
Fairfax his only Child and Heir at Law on whome the
whole Premisses after his Death Descended and became
Seized in Fee thereof Accordingly And Whereas
the
said Catherine Lady Fairfax whilst sole by the Name of
Catherine Culpeper hath since the Death of The said
Thomas Lord Culpeper her Father in Pursuance and
Performance of the said Agreement made between him
and the said Alexander Culpeper Conveyed one Sixth part
(the whole into six Parts to be Divided) of the said Tract
Territory Portion of Land and Premisses unto the said
Alexander Culpeper and his Heirs. And Whereas
the said Alexander Culpeper in and by his last Will and
Testament bearing Date the One and Twentieth day
of January In the Year of Our Lord One Thousand
Six Hundred Eighty and Nine Did Give and Bequeath
the said sixth Part of the said Tract and Territory with
all and singular the Rents Issues Proffitts Advantages
and Appurtenances whatsoever then due accruing or by
any Wayes or means whatsoever arising from by or to
the same unto Judith Culpeper his wife To Have &
to Hold
unto the said Judith Culpeper and her Assignes
for and During the Terme of her Naturall Life And from
and-
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And after the Deceased Did Give and Bequeath the
said sixth part of the said Tract of Land with all and
singular the Appurtenances whatsoever unto the Right
Hon:ble Margarett Lady Culpeper and Relict of the
Right Hon:ble Thomas Lord Culpeper Deceased and to
her Heirs for Ever as in and by the said Will and --
Testament Relation being thereunto had [sic
]
appears --
And Whereas
the said Alexander Culpeper
and Judith Culpeper are both since Departed this life
so that the said Right Hon:ble Margarett Lady Culpeper
was by vertue of the said Will Entitled to the said
sixth part of the said Tract Territory Portion of
Land and Premisses that was so Conveyed to the said
Alexander Culpeper Deceased as aforesaid And
Whereas
also the said Margarett Lady Culpeper
is since departed this Life so that the said Catherine
Culpeper then Dowager Lady Fairfax became Entitled
to five Six [th] parts of all and Singular the said whole Tract
Territory Portion of Land & Premisses herein before
mentioned and the other Remaining sixth part of the
said whole Tract Territory Portion of Land and Premisses
was bequeathed by the said Margarett Lady Culpeper
to the said Right Hon:ble Thomas Lord Fairfax:
And Whereas
we the Right Hon:ble Thomas
Lord Fairfax of Leeds Castle in the County of Kent and
Baron of Cameron in Scotland and William Cage
of Milgate in the Parish of Bearsted in the said
County of Kent Esquire Executor of the last Will &
Testament of the Right Hon:ble Catherine Lady
Fairfax Deceased as aforesaid In and by [a] Certain
Indenture made (on or about the Twenty Seventh day
of June Anno Dom: One thousand seven hundred and
Twenty for the Consideration therein Mentioned Have
Demised
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Demised Granted and to Farm Lett unto Robert Carter of
Virginia Esquire his Executors Administrators and Assignes
All that Tract of Land Called the Northern Neck Lying
between Rappahannock & Petowmock Rivers in Virginia
aforesaid and also all and Every the Rents Quit Rents
Fines
Services Forfeitures Escheats
Deodands
Proffits Emoluments
Perqauisites Benefits and Advantages thereunto Belonging
or Issuing Growing or Ariseing by from and out off the said
Tract of Land with their and Every of their Appurtenance [s]
To Have
and to Hold
the said Tract of Land and
to Receive Perceive and Take the said Rents Quitt Rents Fines
Services Forfeitures Escheats Deodands Proffits Emoluments
Perquisites Benefits and Advantages thereunto belonging or
Issuing Growing or Ariseing by from and out off the said Tract
of Land with their and Every of their Appurtenances unto
the said Robert Carter his Executors Administrators and
Assignes from the Feast Day of St: Michael
the Arch Angel
then last part for and during and unto the full End and
Term of Six years from thence next Ensuing and fully to be
compleat and Ended And Whereas
We the said
Thomas Lord Fairfax and William Cage in and by the said
Indenture for the Consideration therein mentioned did also
assigne Transfer and Sett over unto the said Robert Carter
his Executors Administrators and Assignes as well all
such Summ and Summs of Money due and to Grow due to
the said Thomas Lord Fairfax and William Cage or either
of us from Edmond Jennings of Virginia aforesaid Esquire
or from any other Person or Persons in Virginia aforesaid
for or in Respect of the said Tract of Land hereby Demised
or out of the Rents Quitt Rents Arrears of Rents and
Quitt Rents Profitts Fines Forfeitures Escheats or Deodands as also all the Arrears of rents & Quitt Rents
and all Fines, Forfeiture Escheats Deodands
Profitts Emoluments Benefits and Advantages whatsoever
due oweing and belonging and which shall be due Oweing
or belonging to us the said Thomas Lord Fairfax --
and
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and William Cage or Either if Us Or which we the said
Thomas Lord Fairfax and William Cage or Either of us
were is or shall be Entitled unto Ever since the said
Feast day of St: Michael the Arch Angell last past
before the Date of the said Indenture To Have
to Hold
Receive Perceive and Take the said
and Summs of money of and from the said Edmond
Jennings his Executors and Administrators and also
the said Arrears of Rents and Arrears of Quitt Rents
Fines Forfeitures Escheats Deodands Proffitts Emoluments
Benefits and Advantages unto the said Robert Carter
his Executors Administrators and Assignes to his &
their own proper Use and Behoof As in & by the said
Indenture Relation being thereunto had doth & may
appear Now Know Yee
That We the said
Thomas Lord Fairfax and William Cage Reposing
much Trust and Confidence in the Integrity and fair
Dealings of the said Robert Carter do hereby Jointly
and Severally Name Constitute and Appoint the said
Robert Carter our True and Lawfull attorney for Us &
in Our Names or in the Names of Either of us and to
the Only Proper Use and Behoofe of the said Robert
Carter To Aske Demand Sue for Recover and Receive
of and from the said Edmond Jennings of Virginia --
aforesaid Esquire and of and from all our or Either of
our Agent or Agents Receive or Receivers there, and of
and from all other our or Either of our Agents and
Receivers Tennants and all other Persons whatsoever
all Summ and Summs of money in their Either or any
of their hands Received by them as aforesaid And also
the said Arrears of Rents and Arrears of Quitt Rents
and all Fines Forfeiture Escheats Deodands and Proffitts
now due to us the said Thomas Lord Fairfax William Cage
or
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or either of us as aforesaid And to Aske Demand Sue for --
Recover and Receive of and from the said Edmond Jennings
his Executors or Administrators to and for the use of use the
said Thomas Lord Fairfax and William Cage all and --
Every the Pattents Grants Titles Writings books and
Papers Whatsoever belonging to us the said Thomas --
Lord Fairfax and William Cage Either of us and upon
Receipt of any of the said Summ and Summs of
money and Premisses to make Seal and Deliver one
or more Acquittances or other Discharges for the same
in due forme of Law But in Case of Refusal or Delay
by any Person or Persons whom it shall or may Concern
to make payment of any Rent or Rents Summ or
Summs of money or other Dutys whatsoever due or to be
due or belonging to use the said Thomas Lord Fairfax
and William Cage or Either of us out of or by Reason of
the Premisses to Use all Lawfull Wayes and Means
for Recovery thereof by Action Suit Arrest Bill Plaint
attachment Distress Reentry or otherwise as fully and
Amply in Every Respect As We the said Thomas Lord
Fairfax and William Cage might or Could do if Personally
present And to Sue Implead make Answer Prosecute &
Demand in any Court or Courts of Law and Equity --
before any Judge or Justices in any Suit or Suits all
Matters and Causes whatsoever for us or against us as
the Cause shall Require Touching or Concerning the said
Tract Territory or Portion of Land and Premisses or
any of them or any Rents or Dutys ariseing or payable
thereout or for or in Respect thereof And Likewise for
us the said Thomas Lord Fairfax and William Cage or
Either of us And in Our or Either of our Name or Names
to Demise and Grant the said Tract or Territory Portion of
Land and Premises or any Part thereof to such Person or
Persons --
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Persons for such Summ or Summs of Money as to our --
said attorney shall be thought meet and Reasonable to the
Uttermost and best Proffits and Commodity of us the said
Thomas Lord Fairfax and William Cage or Either of us
Provided that upon any Such Grant or Demise there be
thereby Reserved and made payable during the Time and
Terme thereby Granted unto us the said Thomas Lord
Fairfax and William Cage or Either of us our or Either
of our Heirs and Assignes the Summ of Two shillings of
Lawfull English money att least or the True Vallue thereof
for Every Hundred Acres of the Premisses that shall
be by our said attorney Granted or Demised and the
Deed and Deeds of the said Estate so to be made for us
the said Thomas Lord Fairfax and William Cage or
Either of us And in Our or Either of our Names or Names
to Seal And as our or Either of our Act or Acts Deed or
Deeds to Deliver unto the Partys to whome the same
shall be so made or to any other to their use and Uses
and the Counterparts of the Same for us or Either of
us and in Our or Either of Our Name or Names to
accept and Receive all such Fines and other Summ and
Summs of money and Dutys as shall Grow Due for the
same for us or Either of us And in Our or Either of our
Name or Names to the Use of us the said Thomas Lord
Fairfax and William Cage or Either of us Our or Either
of our Heirs Executors Administrators and Assignes To
Collect Gather Receive and Take with Power also in our
or Either of our Names to Our or Either of our Use and
uses To put into Execution and Take Advantage of the
Powers Authorities and Priviledges Granted & Confirmed
by the said Letters Pattents or Either of them and that
in as large and Ample Manner and as fully and
Effectually to all Intents and Purposes whatsoever --
as --
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as if we the said Thomas Lord Fairfax and William --
Cage or Either of us were personally present Subject --
Nevertheless to the Covenants Articles and Agreements in the
last Recited Indenture mentioned which is nevertheless
to be and remains in Full Force during all the Time and
Terme therein and thereby Granted And we the said
Thomas Lord Fairfax and William Cage Do Hereby
Jointly and Severally Further Fully Authorize and --
Impower the said Robert Carter with all and Every
Person and Persons whom it shall or may Concerne
in and for and about the Premisses and all matters and
things thereunto relating To Account and to View Settle
and Adjust all Accounts and the Ballance thereof
to Receive upon Recovery and Receipt to Give one or
more Acquittances or other Sufficient Discharges in --
due form of Law But in Case of Refusal or Delay by
any Person or Persons whome it shall or may Concerne
To make and Render Just and True Account and
Payment and Satisfaction in the Premisses him her
or them thereunto to Compell by all Lawfull Wayes
and means Soever Also if Need be to appear before
all Lords Judges and Justices in any Court or Courts
there to answer Defend and Reply in all matters &
Causes touching or Concerning the Premisses to do say
Pursue Implead Seize Sequester attach Arrest Imprison
and to Condemne and out of Prison again to Deliver
also to Compound Conclude and Agree by Arbitration or
otherwise as Our said attorney shall think fitt And
Generally
in and Concerning the Premisses to do
Performe and Execute all and whatsoever shall be Requisite
and Necessary as Fully Amply and Effectually To all --
Intents Constructions & Purposes As we the said Thomas
Lord
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Lord Fairfax and William Cage or Either of us might
or Could do if Personally Present And that Altho'
the Cause should Require more Ample or Especiall Power
then as herein before Particularly Expressed with
Power to Substitute one or more attorneys under him
with like or Limited Power and the same again to
Revoake We the said Thomas Lord Fairfax and
William Cage Jointly and Severally do hereby Promise
to Ratify Confirme and Hold for Good & Vallid all
and whatsoever our said attorney or his Substitutes
shall lawfully Do or Cause to be Done in or about
the Premisses by Vertue of these Presents In
Witness
whereof We the said Thomas Lord
Fairfax and William Cage have hereunto sett our
hands and Seals this fifth day of July and in
the Seventh Year of the Reigne of Our Soverigne
Lord George by the Grace of God of Great Brittain
France and Ireland King Defender of the --
Faith &c: Anno Domini 1721 -- --
Sealed & Delivered (by the Right Hon:ble }
Thomas Lord Fairfax In the Presence of }
Sealed & Delivered (by William Cage Esqr: In the preseence of) W. Cage [seal]
Cha: Chisell Ja. Roscow
Geo. Bingley
Coppy
NOTES
Source copy consulted:
Personal Papers. Fairfax Family Northern Neck Proprietary Papers (Acc. No. 24062), box 2, folder 59. Library of Virginia, Richmond. The document is endorsed on the back of the last page, "Copy of Proprs Power 5th July |1721."
[1] Catherine Culpeper, widow of the fifth Lord Fairfax (d. 1710); from her father, the 2nd Lord Culpeper, she had inherited about 1689 his five-sixths interest in the Northern Neck Proprietary in Virginia. Lord Fairfax consulted Micajah Perry about the affairs of the Propietary, and Perry had recommended Robert Carter to be the Virginia agent in 1702. He held the post until 1710 when Lady Fairfax transferred the agency to Edmund Jenings with Thomas Lee as the deputy agent. When she died in 1719, she bequeathed her Virginia property to her son Tom, but she made Wiliam Cage and Edward Filmer, trustees of the proprietary. Filmer soon died, and Cage, a kinsman of the 6th Lord Fairfax, became the sole trustee. From his grandmother, Margaret Lady Culpeper, the 6th Lord Fairfax inherited the other one-sixth of the Proprietary. Cage consulted Perry, and Robert Carter was again made agent in 1721, holding the post until his death ten years later.
[2] The Feast of St. John the Baptist fell on June 24th.
[3] "Behoof" as used here means "Use, benefit, advantage." ( Oxford EnglishDictionary
)
[4] Demise as a legal term means the transfer of an estate by lease or will ( "Answers.com," 8/7/2006
)
[5] Quit rent was the term used for the payment due from the holder of land to the "lord of the manor," in this case, to the proprietors of the Northern Neck. Carter as the proprietor's agent, collected these payments. No services were required of the landholder as had been true in mediaeval times.
[6] An escheat is the reversion of land to the lord of the manor, or in this case,to the proprietors of the Northern Neck, because of the death without heirs of the holder of the lands.Anyone wishing to patent escheated lands had to pay a fee to Carter as the agent of the proprietors.
[7] "(Old Eng. Law) A personal chattel which had caused the death of a person, and for that reason was given to God, that is, forfeited to the crown, to be applied to pious uses, and distributed in alms by the high almoner. Thus, if a cart ran over a man and killed him, it was forfeited as a deodand." ( "The Free Dictionary." http://www.thefreedictionary.com/Deodand. 8/9/2006.
)
[8] The feast of St. Michael, or Michaelmas, is on September 29th.
This text revised June 24, 2009.