An Act Enabling the Sale and Purchase of Land

In 1680 Captain Charles Barham moved his family to James City County and acquired land in Martin's Hundred. Captain Barham made his will on July 5, 1682, and died late in 1683. A copy of the portion of his will which dealt with his land in James City County which he bequeathed to his eldest son, Charles (2) Barham, as an entitled estate, was found in the Public Records Office in London, England.

The records in London stated that Charles (2) Barham entered the land, then sold it. Evidently, as he had sons of his own, he was of the opinion that the entail on the land was no longer valid. The 1704 Quit Rent Roll for James City County listed no land in the name of any Barham. It is not known when Charles (2) Barham died or where. Also, there appear to be no records to show to whom he was married or if she survived him. It is known that Charles (3) Barham was his eldest son and heir, which indicates that there were other sons and possibly daughters.

By 1732, Charles (3) Barham had recovered the land in Martin's Hundred, James City County, which his father, Charles (2) Barham had heired as an entitled estate of his father, Captain Charles (1) Barham. At this time Charles (3) Barham was interested in having a Bill passed by the House of Burgesses to enable him to sell part of the said tract and buy other land in lieu of the land which he had inherited as the eldest son and heir of his father. He stated at the time that the woods and timber had been cut from the tract and that it had lost it's value. He also stated that he had an opportunity to buy other land in the same vicinity from which the timber had not been cut and which contained much woodland. He also said that the entail, which had been part of the inheritance would be placed on the new land, which he proposed to purchase.

A record in the Public Records Office in London gave an account of the proposal of Charles (3) Barham. In 1732, the petition to the House of Burgesses in Virginia was admitted for consideration. The Bill was presented by Mr. William Harwood on Thursday June 8, 1732. An account, which appeared in "The Laws of Virginia" being a supplement to Hening's Statutes at Large 1700 - 1750, compiled by Wavery R. Winfrey, pub. 1971, gives the description of the land which Charles (3) Barham intended to buy in lieu of the land he wished to sell.


The Laws of Virginia

Being a supplement to Hening's The Statutes at Large 1700 - 1750

May 18 to July 1, 1732

An act to enable Charles Barham to sell certain entailed Lands therein mentioned and to purchase other Lands therein, also mentioned to be settled in lieu thereof to the Same Uses.

Whereas Charles Barham late of Martin's Hundred in the county of James City, deceased, was in his life time seised in Fee simple of and in four hundred and Thirteen Acres of Land with the Appurtenances, and Fifty Acres of Marsh thereunto adjoining lying and being in Martin's Hundred aforesaid, and so being seised, by his Last Will and Testament in Writing, bearing Date the Fifth Day of June in the Year of Our Lord MDCLXXXII, devised the same to his son, Charles Barham, and the Heirs of his body, and for want of such Issue to his two daughters, Elizabeth and Prissilla, and to the Heirs of their Bodies, and if all three should die without such Heirs, then to his son, Robert, and his Heirs for ever, as by the said Will more fully more (i.e. may) appear, And died seised, after whose Death the said Charles Barham, the Son, entered and was thereof seised, and so being seised, sold the same, and died leaving Issue, Charles Barham, his Eldest Son and heir, after whose death he said Charles Barham, the Grandson, received the said Land and Premises and is now seised thereof.

And whereas the said Land is all cleared, and for want of Wood and Timber, is become of little value to the said Charles, And the said Charles hath and opportunity of purchasing one Plantation and parcel of Land with the Appurtenances, lying and being in Martin's Hundred aforesaid, near the said Lands, containing by Estimation Two Hundred and Fifty Acres more or less, the greatest part of which is Woodland, whereof Grave Parks, Mariner, lately died seised, which he purchased in his life time of one John Holden, And to enable him to make that Purchase, hath applied to this General Assembly for an act to be passed to impower him to sell part of the said entailed Lands with the Appurtenances, and for as much as the said Charles Barham hath made Publication of his Design three Sundays successively In the Church of the Parish where the said entailed Lands lie, and no Person hath appeared to oppose the same.

May it please your most excellent Majesty, at the Humble Suit of the said Charles Barham, That it may be enacted.

And be it enacted by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and by the Authority of the same, that all that part of the said four hundred and thirteen Acres of Land, which lies between the Road leading through Martin's Hundred and the Land which was formerly Samuel Pond's, Whereof the said Graves Parks, likewise, died seised, including the old Church Yard with the Appurtenances, shall be and is hereby, vested in and upon the said Charles Barham and his Heirs, to the use of his, his heirs, and assigns forever, and the said Charles Barham shall have full power and Authority to sell and dispose of the said parcel of Land with the Appurtenances to any Person or Persons that shall be willing to purchase the same, and such Purchaser and Purchasers, and his or their Heirs or Assigns, shall forever thereafter peaceably and quietly hold and enjoy the same, against all and every Person and Persons, claiming under the Will of the said Charles Barham, deceased, Provided alwaies, and be it further enacted by the Authority aforesaid, that the Money arising by such Sale shall be laid out and applied for purchasing the said Parcel of Land which the said Graves Parks purchased of the said John Holden, and when the same shall be purchased, the said Charles Barham and his Heirs shall be and stand seised thereof, to the uses mentioned in the Last Will of the said Charles Barham, the Grandfather, And the same shall forever thereafter pass in descent, Reversion, and Remainder, according to the Limitations in the said last Will expressed.

Saving to the King's Most Excellent Majesty, His Heirs, and Successors, and all and every other Person or Persons, Bodies Politic and Corporate, their respective Heirs and Successors (Other than the Person or Persons claiming under the said Will of the said Charles Barham, deceased) All such Right, Title, Estate, Interest, and Demand of, in, and to all or any of the Premises before mentioned, as they, every or any of them, had, should, or might have enjoyed, if this Act had never been made.

Provided nevertheless that the Execution of this Act shall be suspended until the King's Approbation thereof shall be obtained.

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