Land in early Virginia was considered to be an "extension" of the manor of
East Greenwich in County Kent, England. It was a way to extend existing
English law and practice to the colony. That's probably not quite the right
terminology, but it's the jist. There is an article on the topic in The
American Historical Review, vol. 11, (1905), pages 29-35. I have a copy of
the article at home; unfortunately our library doesn't own that journal that
far back for me to check the particulars right now. It is an interesting
oddity of early Virginia history.
Eric G. Grundset
Library Director
DAR Library
1776 D St., N.W.
Washington, DC 20006-5392
202-879-3313
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-----Original Message-----
From: Janet Hunter [SMTP:[log in to unmask]]
Sent: Monday, August 12, 2002 3:47 PM
To: [log in to unmask]
Subject: 1745 Patent Language Query
Fellow Virginia Researchers:
I have a 1745 patent in Amelia County for John Bentley that has the
following
phrase referring to East Greenwich, County of Kent about which I
have a
couple of questions (my shaky transcription of most of the patent
found at
the LVA website is appended at the end):
"To have hold Possess Enjoy the said Tract or parcel of Land and (?)
all
other the before granted promised and every part thereof with their
and every
part of their appurtenances unto the said John Bentley and to his
Heirs and
assigns forever to the only use and behalf of him the said John
Bentley his
heirs assigns forever to be held of us our Heirs and Successors as
of our
mannor of East Greenwich in the County of Kent of free and common
Soccage and
not in capite or Knights service"
My questions/comments on this passage:
(a) I have been told by other seasoned researchers and a
lawyer/genealogist
that the above use of the phrase "mannor of East Greenwich in the
County of
Kent" does not in any way imply or confirm that John Bently owned a
mannor in
or originally haled from County Kent in England. They say in
essence that
the phrase is, to simplify in summary, there for comparison purposes
if you
will. If Bently reneges on the terms of the Virginia patent
ownership of the
land reverts to (King George's representatives) the government of
Virginia
Colony, just as in England the "mannor" in East Greenwich, County
Kent would
revert to the Crown if the terms of its possession were not met (or
possibly
if the King was displeased for whatever reason?).
Does anyone disagree with this or have additional comments?
(b) In further support of the above conclusion with respect to
conclusions
regarding John Bentley and Kent Co England and the patent language,
I note
that the next two patents after John Bentley's also have the same
boilerplate
on "East Greenwich in the County of Kent". Would anyone have any
idea about
that phrase in patents in terms of origins, author or time?. From
his
biographies it appears that the much respected Sir William Gooch was
from
Yarmouth, which I believe is in Norfolk County. He could, of
course, also
have land in East Greenwich which would have been on the outskirts
of London
at the time?
I thank you in advance for your thoughts. FYI, for any Bentley
researchers in
1700s in Virginia. At issue here is the accuracy of a report done
some 50
years ago by a reportedly professional outfit in New York called the
"Academy
of Genealogy". The only Academies of Genealogy I found doing a
search were
in Italy and Mexico, maybe Germany.
The report says that Samuel Bentley of Amelia County was the
immigrant and he
had three sons Samuel, John and William (these three brothers part
is fine).
It says he immigrated from East Greenwich in the County of Kent
England,
where he had a mannor. I believe the latter statement is likely a
misunderstanding of the language in the patent. That a Samuel is
the father
of the three brothers Samuel, John and William may be the result of
misreading a deed in 1735 from Samuel Bentley to John Bentley for
six acres
of land (including a water course) for one corn cob. The deed I
have been
told by someone who checked the microfilm at LVA, does not identify
John as a
son. Furthermore, the research reflects the absence of a thorough
review
of: Christ Church Parish registers, Bristol Parish Registers, North
Farnham
Parish registers, Amelia Co tax lists, and Richmond Co records --
all of
which point to yes, three brothers John, William and Samuel, but
they are the
sons of Daniel and Anne of Richmond Co. Daniel in turn was a son
probably of
"Daniel of the County of GLOSTER, planter" who purchased land on
Farnhame
Creek in Richmond Co from Samuel Samford and Richard King in 1704.
The news
that Daniel was from Gloucester County was not warmly received as a
boon for
our research efforts.
The first part of the Academy of Genealogy report can be found here:
http://genforum.genealogy.com/bentley/messages/2959.html
Some of the Richmond (and a few other) records are here:
http://genforum.genealogy.com/bentley/messages/2871.html
I welcome any of your thoughts.
Best Regards,
Janet (Baugh) Hunter
From Library of Virginia website. I transcribed this, and
transcription of
old documents is still something I do with trepidation so if someone
sees
something off let me know. I know I did not follow the
capitalization in all
cases from the original document.
http://lvaimage.lib.va.us/cgi-bin/drawer?retrieve_image=LONN&
dir=/LONN/LO-1/021/021&image_number=0334&offset=-553&
name=Patents+No.23+1743-1745+(VOL.1+%26+VOL.2)&dbl_pgs=no&round=
Virginia Patent Book 23, pp. 887-888 Note that the East
Greenwich/Kent
language is found in the next two patents on page 889 and 890
(accessible at
the site the above link leads to).
(In Margin) John Bentley 200 acres
George the Second by the Grace of God of Great Britain France and
Ireland
King Defender o the Faith To all to Whom These presents shall come
greetings
Know Ye that for divers good cause and consideration but more
Especially for
and in consideration of the sum of Twenty Shillings of good and
lawful money
for our use paid to our Receivor General of our Revenues in this our
Colony
and Dominion of Virginia We have given granted and confirmed and by
these
presents for us our heirs and Successors & give grant and confirm
unto John
Bently one certain Tract or parcel of Land containing 200 acres
lying and
being in the county of Amelia on the Heads of Pruitts Creek between
the lines
of William Gates, William Davis, William Kendrick (Hendrick?) and
William
Hurt...[did not transcribe ensuing description of the location of
land].. With
all woods and ???? swamps Marshes Low grounds Meadows Feedings
(??) and
his due Share of all Veins mines and Quarries as well as discovered
or not
discovered within the bounds aforesaid and being part of the said
Quantity of
two hundred acres of Land and the Rivers waters and water courses
therein
contained together with the Privileges of Hunting Hawking Fishing
Fowling and
all other Profits Commodities and ??????? whatsoever to the same or
any part
thereof belonging in anywise or appertaining To have hold Possess
Enjoy the
said Tract or parcel of Land and (?) all other the before granted
promised
and every part thereof with their and every part of their
appurtenances unto
the said John Bentley and to his Heirs and assigns forever to the
only use
and behalf of him the said John Bentley his heirs assigns forever to
be held
of us our Heirs and Successors as of our mannor of East Greenwich in
the
County of Kent of free and common Soccage and not in capite or
Knights
service...Yielding and Paying unto us our Heirs and Successors for
every fifty
acres of land and so proportionably for a lesser or greater Quantity
than
fifty acres the fee rent of one shilling yearly to be paid upon the
Feast of
Saint Michael the arch angel and also Cultivating three acres part
of every
fifty of the Tract above mentioned within three years after the Date
of these
Presents Provided always that if three years of the said Fee Rent
shall at
any time be in arrears and unpaid or if the said John Bently his
Heirs or
assigns do not within the space of three years next coming coming
after the
Date of these presents cultivate and improve three acres part of
every Fifty
of the Tract above mentioned then the Estate hereby Granted Cease
and be
utterly Determined and thereafter it shall and may be lawful to and
for us
our Heirs and Successors to grant the same lands and Premises with
the
appurtenances unto such other Person or Persons as we our Heirs and
Successors shall think fit In Witness whereof we have caused our
Letters
Patent to be made Witness our Trusty and well beloved William Gooch,
Esq.,
our Lieutenant Governor and Commander in Chief of our said Colony
and
Dominion at Williamsburg under the Seal of our said Colony the tenth
day of
July one thousand seven hundred and forty five in the Nineteenth
year of our
Reign
William Gooch
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