Augusta County, VA - Land Patent for Thomas Millsaps, 1749 File submitted for use in the USGenWeb Archives by: Erma Day ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ 400 Acres on Branch of Smith Creek Land Office Patents Bk 27, p 326, 327 George the second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith To all to whom these Presents shall come Greeting. Know ye that for divers good Causes and Considerations but more especially for and in Consideration of the sum of Forty Shillings of good and lawful Money for our Use paid to our Receiver 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 Do Give Grant and Confirm unto Thomas Millsaps one certain Tract or Parcel of Land containing four hundred Acres lying and being in the County of Augusta on a Branch of Smith Creek and bounded as followeth to wit, Beginning at three Hicory Saplins in a Line of the Land of Benjamin Borden and with the Lines of the same North twenty Degrees East to two white oaks and North East one hundred Poles to the dividing Line between Us and Lord Fairfax and with the same North forty six Degrees West two hundred and forty Poles to three Pines thence South West two hundred and fifty Poles and South forty six Degrees East three hundred and twenty Poles to the beginning With All Woods Underwoods Swamps Marshes Longrounds Meadows Feeding and his due Share of All Veins Mines and Quarries as well discovered as not discovered within the Bounds aforesaid and being Part of the said Quantity of four hundred acres of Land and the Rivers Waters and Watercourses therein contained together with the Privileges of Hunting Hawking Fishing Fowling and all other Profits Commodities and Hereditaments whatsoever to the same or any Part thereof belonging or in any wise appertaining To have hold possess and enjoy the said Tract or Parcel of Land and all other the before granted Premises and every part thereof with their and every of their appurtenances unto the said Thomas Millsaps and to his Heirs and Assigns forever To the only Use and Behoof of him the said Thomas Millsaps his Heirs and assigns forever To be Held of us our Heirs and Successors as of our Mannor of East Greenwich in the County of Kent in free and common Soccage* and not in Capite* * or by Knight's Service Yielding and paying unto us our Heirs and Successors for every fifty Acres of Land and so proportionally 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 and improving 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 Thomas Millsaps his Heirs or assigns do not within the space of three Years next 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 shall cease and be utterly determined and thereafter it Shall and may be lawful Land 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 these our Letters Patent to be made Witness our trusty and well beloved Thomas Lee Esq. President of our Council and Commander in Chief of our said Colony and Dominion at Williamsburgh under the seal of our said Colony the fifth Day of September one thousand seven Hundred and forty nine In the twenty third Year of our Reign Thomas Lee P. Examd. Transcriber's notes: By comparing this land patent to others the words capite and soccage are correctly spelled. The following definitions are from Webster's Dictionary * Soccage: The holding of lands in consideration of services certain or definite in nature and amount. The principal kind of title to land recognized by modern English law. * *A tenant in Capite is one who holds immediately by the King.