Jamaican Family Search Genealogy Research Library
ISLAND RECORD OFFICE: L.O.S. 242 Folio 56
Date of entry of document: 19th December 1770
Date within document: 2 August 1768
Persons Mentioned, Places Mentioned
John Clarke, Retrieve Plantation/Sugar Works in St James 280acres.
John Broadbelt & Elizabeth his wife
Petronella Virgo
Sarah Virgo
William Virgo the elder & wife Mary
William Virgo the younger
James Virgo
James Spence
James Kerr
Ephraim Dunn & wife Clare [?]
Daniel Hine
James Clarke [witness]
Precis:-
See also L.O.S. 242 Folio 63.
This is probably the indenture mentioned in folio 63 in which the Broadbelts transfer Elizabeth's inheritance to John Clarke for £1500 although there is a years difference, 1768/9, in the dates given in each document. Mention is made of a Sarah Virgo who is presumably a sister of Petronella and Elizabeth. A witness to the document is a James Clarke.
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Page "A"
NB: This is a particularly difficult document to read and many words are pure guesswork! TC.
Broadbelt John Esq to John Clarke entered 19th Dec 1770.
Jamaica SS
This indenture made the second day of August in the year of our Lord one thousand seven hundred and sixty eight and in the eighth year of our Lord George the third by the grace of God of Great Britain France and Ireland King and of Jamaica Lord Defender of the faith Between John Broadbelt of the parish of St James in the County of Cornwall in the Island of Jamaica Esquire and Elizabeth his wife (late Elizabeth Virgo Spinster one of the daughters of William Virgo the elder late of the Parish of Hanover but now of the Parish of Saint James aforesaid Esquire of the one part and John Clarke of the Parish of Saint James aforesaid Esquire of the other part/ whereas in part by [--.?] Indentures Tripartite made and mentioned to be made between the said William Virgo the Elder and Mary his wife of the first part James Spence James Kerr and Ephraim Dunn of the second part and Daniel Hine by these several and respective additions therein mentioned of the third part This Witnesseth that for --.. and ------ therein mentioned he the said William Virgo did full finally and absolutely granted bargained assigned confirmed with the said James Spence James Kerr and Ephraim Dunn all that plantation or Sugar Works commonly called or known by the name of the Retrieve situate in the Parish of Hanover in the Island aforesaid and containing by estimation Two [?] hundred and Eighty acres of land the South --.. left therein particularly described butted and bounded with Messuages Buildings Works tenements houses and appurtenances thereunto belonging also all other negroe and other Slaves and the Increases of the female slaves--.. --aforementioned Stock mentioned ..
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Lord One thousand Seven Hundred and Seventy without heirs of her body lawfully begotten then and in that case the several --.. of --. --. and --. five hundred pounds therein issued and limited to be paid unto her the said Elizabeth Virgo should be payable on the days and times therein --.. and --..to be payable to her the said Elizabeth Virgo and to Clare [?] Dunn the wife of the said Ephraim Dunn the said Sarah Virgo and Petronella Virgo the survivors and successors of them and the heirs of their bodies lawfully begotten in equal proportions share and share alike and it is thereby further provided and declared to be the --. --. and meaning thereof that the said several amounts of money therein particularly assessed promised and stipulated to be --.. severally mentioned in lieu of maintenance ------------or interest whatsoever unto or for the use of James Virgo and William Virgo the younger the --------------..the Wife of Ephraim Dunn Sarah Virgo Elizabeth Virgo and Petronella Virgo should not have any interest whatsoever until the respective days and other several--------.where the ----. ----. thereby decided and expected to be paid ------Interest ----. and after the respective days of payment before mentioned ----. and further that the several ----------of--------.therein before respectively ----------..and the --..to be paid annually or otherwise in lieu of ----..or to the --. of the said James Virgo William Virgo the younger Sarah Virgo Elizabeth Virgo and Petronella Virgo should ----..determine in and upon the several days therein mentioned and as to the annual payments stipulated to the said Sarah Virgo Elizabeth Virgo and Petronella Virgo the said ----. to cease and the respective days that such of them should hand ----------the sum of one the said pounds thereinbefore expressed before --..for them to receive------not before anything therein contained to the contrary notwithstanding --.. and they the said in part recited Indenture issued .in the Secretary's Office of the said Island reference being thereunto --------------------..fully and at large appear and whereas the said Elizabeth Virgo hath demonstrated ----------------and John Broadbelt and has by the said----------.the said John Broadbelt and Elizabeth his wife have come to an agreement with the said John Clarke to grant--assign unto the said John Clarke for the consideration hereinafter mentioned the said amount by--..payment of sixty pounds so stipulated to the said Elizabeth in and by the said Indenture ------of the------------------ .made payable ------.. the said respective-------------- .and-------------------- .payable to the said Elizabeth by virtue of the said ------.Indenture --------------------. made payable and all the rights titles and ----.. of ----.. said John Broadbelt and Elizabeth his Wife or either of them ----.. to the ------------.. leaving to the said Elizabeth and her heirs all interest and right in or to any ----. ------------. or Expectancy which may come to her ---------- of the contingencies in the said ----. Indenture mentioned NOW THIS INDENTURE Witnessess that in ------. of the said
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good right of --.. --. and lawful and absolute authority to be --------------------------------------.John Clarke his executors administrators and assigns the said annuity------------------of money aforesaid To hold to him the said John Clarke his executors administrators and assigns in ------..and --------the said John Broadbelt and Elizabeth his Wife or either of them --------any time ----.. heretofore sold assigned ----------..ways discharged charged or incumbered the said annuity ----------..sums of money hereby assigned or intended to be or any part or parcel thereof and also that he the said John Clarke his executors administrators and assigns shall and lawfully may grant------t times and at all times so long as the said annuity is limited to be paid in and by the said ----.. Indenture peaceably and quietly have hold receive and enjoy the same --. For the proper benefit of him the said John Clarke his heirs administrators and assigns and --.. lawfully --.. --.. --.. --. -- -- and enjoy of the said ----.. of the said forever --.. ----.. ----. ----. ----. ----. of him the said John Clarke his administrators and assigns without any thereof --. trouble hindrance --. --.. --. of or by the said John Broadbelt and Elizabeth his wife --. --.. --.of their heirs executors administrators and assigns lawfull --. other --.. aforesaid whatsoever full and --.. absolutely --. of and from all --.. of changes and in and ---- whatsoever and further that they the Broadbelt and Elizabeth his wife and such of their and these and each of their heirs Executors administrators and all and any other paid in and --.. his said heirs Executors and Administrators having or claiming in which shall or may have in claiming right title interest then the said John Broadbelt Elizabeth his wife or either of them shall and will from time to time and at all times hereafter ----.. ----. ---- and at the proper and ---- ---- ----. of the said John Clarke his assigns and administrators issuing and ----. Perform and grant access at --.. --.. --.. performed and executed fill --.. make further and other lawful and was --.. --.. thing and things conveyances and assignes not the lawful ---- further from this better and more perfect assessing and issuing that not --.. enjoyment during the term this ---- made payable as aforesaid as the said sum and sums of money mentioned and made payable as aforesaid unto the said John Clarke his Executors administrators and assigns as --.. and John Clarke his ----. Administrators assigned in his or their lawful entered as their --.. --.. --.. devised and ------that the or they --.. ----.. ----.. ------ to --.. permitted ---- of his lawful ---- for ---- thereof and further ---- ----. ---- him the said John Clarke his executors Administrators and assigns ---- of personal and ---- the said annuity is firstly --.. ---- and --.. of ---- hereby assigned --.. the said John Broadbelt and Elizabeth his wife --. --.. of them both and ---- ----. --.. of --.. ----. --.. ----. ----.. ----. ----.. ----..
agreement and for and in consideration of the sum of one thousand five hundred pounds current money of Jamaica and to begin the said John Broadbelt and Elizabeth his wife in hand well and truly paid by the said John Clarke ----------. before the ------and delivery of these presents the receipt whereof they the said John Broadbelt and Elizabeth his wife do hereby --.. acknowledge and there --. Of every part thereof --. --.. and all --. --. the said John Clarke his heirs administrators and assigns paid formerly by these presents They the said John Broadbelt and Elizabeth his wife and each of them has acknowledged and brought --.. assigned transferred --.. and by these presents do ---- of them --. Grant bargain sell assign transfer --.. ---- same unto John Clarke his executors and administrators and assigns the due annuity --. ---- of sixty pounds current money aforesaid stipulated and made payable to her the said Elizabeth by the said --.. indenture the second ---- --.. ---- ---- ..the day of the date of these --.. --.. and all the --. --.. and of one thousand ----. and five hundred pounds made payable to the said Elizabeth and by the said indenture and also all the Estate rights title interest --------. and shall each of them the said John Broadbelt and Elizabeth his wife either of them --.. and to the said ----. Of yearly rent and in or of said or to the said --.. ---- of one thousand pounds and five hundred pounds hereby assigned and --.. to Have and to Hold --.. and enjoy the ------.. yearly --.. --.. of sixty pounds --.. --.. and John Clarke his heirs administrators and assigns ----. of such ---- and ---- --.. ----. the said Elizabeth and as they the said John Broadbelt and Elizabeth his wife or either of them and --.. ----. --.. of the said recited indenture and to have and to hold --.. enjoy the --. --.. --.. --. of one thousand and five hundred pounds at --.. ---- ---- made payable --. By the said recited Indenture unto the said John Clarke his executors --. ---- and assigns --------. ----------.. -------- --------. .. ----. [ 2 unreadable lines] upon the --.. ----. ----.. aforesaid by and in of the said Indenture --. --.. ---- said Elizabeth and her heirs and interest and rights in or to any --. ----. ---- --.. which may come to her or there --.. of the advantages in the said indenture --. ---- and the said John Broadbelt for himself and for the said Elizabeth his wife their Heirs Executors and administrators doth hereby --. ---- promised and agree to and with --. And John Clarke his Executors Administrators and assigns in manner and form following that is to say that they the said John Broadbelt and Elizabeth his wife in the good--.. ---- ---- and lawful and absolute authority to bargain sell assign transfer and let to the said John Clarke his executors administrators and assigns the said sixty pounds --.. ---- and assigns in manner and form aforesaid and all other they the said John Broadbelt and Elizabeth his wife or either of them --.. ---- or any time without heretofore --.. --.. ---- ---- ---- discharged charged --. --.. the said annuity ---- ---- ---- and sums of money hereby --.
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[1st line illegible] ------------. in the said schedule hereunto annexed To hold --. ---- the said plantation messuages --. Land and --.. thereby granted with the appurtenances unto the said James Spence James Kerr and Ephraim Dunn their heirs and assigns for ever --. --.. ---- --.. --. that is to say upon special --. and ----. that they the said James Spence James Kerr and Ephraim Dunn their heirs and assigns did --. --.. in the first --. --.. --.. the said --. --. --.. .his Executors administrators and assigns to have Hold --. Possess and enjoy the said plantation lands and premises and to --. --. the said issues and profits thereof --. --.. the --.. and --.. and if --. --. --. -- --.. --. the date thereof for the --. --.. --. -- him and them applied --. --. as thereafter is --.. and --.. after the ------.. of the said term of Twenty years --. --. -- --. that this the said James Spence James Kerr and Ephraim Dunn the heirs assigns --.. ---- of the --. Plantation in --. --.. --. --.. --.. --.. --. --.. is thereby bargained and sold with the appurtenances to and for the several --. --. --.. --.. and --.. --.. --.. ---- --.. --.. and as for --. --. --.. of --. --.. --.. --.. --. the said Daniel Hine his executors administrators and assigns as aforesaid of and in the said plantation --. --.. tenements houses and --. Appurtenances as aforesaid It is the ----.. and declared to be upon this special trust and assurance that the said Daniel Hine his heirs and adminisatrators and assigns shall out of --.. issues ---- profits of the said Plantation and --.. in the first place pay all the --. Debts --.. ---- and --. --. the said William Virgo at the sealing and delivery thereof Except --. Excepted --. --. --.. ---- ---- --.. among other things which the said Daniel Hine should pay --. --.. to be paid --. --. --. Elizabeth Virgo and Petronella Virgo daughters of the said William Virgo the Elder the sum of sixty pounds Sterling Money of Jamaica and [3 1/2 illegible lines follow] that he the said Daniel Hine his executors administrators and assigns should --. ..... to be paid to the said Elizabeth Virgo or the heirs of her already lawfully begotten upon the second day of April in the year of our Lord one thousand seven hundred and seventy the sum of one thousand pounds current money aforesaid and --. The said Elizabeth Virgo or the heirs of her body lawfully begotten upon the second day of April in the year of our Lord one thousand seven hundred and seventy four this the further sum of five thousand pounds current money aforesaid and it is ----. in and by --. Indenture provided that if the said Elizabeth Virgo should happen to die before the second day of April in the year of our Lord one thousand seven hundred and seventy without issue of her body lawfully begotten then and in that case the several sums of one thousand and five hundred issued therein --. and --.. to be paid to the said Elizabeth Virgo should be payable on the days and times therein expressed and --.. --. to her the said Elizabeth Virgo and to Ann Wife of the said Ephraim Dunn the --. --.. Petronella Virgo the survivors and those --. of them --.. --.. ---- --.. ----
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the said John Clarke his Executors administrators and assigns the ---- lawfull attorney and attornies --. --.. of them the said the said John Broadbelt and Elizabeth his Wife --. --. --.. --.. --.. --. --.. use of them also the owners of --. --. --.. John Clarke his Executors administrators assigns for his and their use only --. --. --.. --.. --. of and from the said Daniel Hine his Executors administrators assigns and of and from all other premises and ---- ---- ---- ---- ---- ---- of money hereby assigned --.. --.. --.. thereof --.. and --.. ---- ----. for the --.. ---- payment ---- ---- of the --.. money paid --. --.. --.. --.. --.. --.. for the second --. as all --.. --.. --.. --.. --.. --.. and all thing and things --.. ---- for the --.. necessary as the --.. of --. --.. changing the said annuity --.. --.. --.. --.. of money as fully and effectively --. --. --.. and beneficial --.. interest and --. or if they the said John Broadbelt and Elizabeth his Wife had been --.. --.. --.. ---- ---- ---- ---- .. John Broadbelt and Elizabeth his Wife hereby --.. confirming and allowing --.. whatever the said John Clarke his Executors administrators --.. transfer and shall lawfully do --. To be done transferring the principal by --.. of that ----. ----. Whereof the said John Broadbelt and Elizabeth his Wife have hereunto severally --. Set their hands and seals the day and year first mentioned ----.
John Broadbelt Elizabeth Broadbelt
---- and delivered the ---- between
----.. ----. ----.. ----. ----. --.. --
---- ---- ---- ---- --.. --.. --. . ----
George Webb James Clarke ----..
Received the day and year first mentioned of ---- John Clarke the within mentioned sum of one thousand five hundred pounds in full \ £1500
Witness as witness ----
George Webb James Clarke } John Broadbelt Eliz. Broadbelt
Paid --.. ----. The tenth day of August 1768---- ---- --.. --.. John Broadbelt and Elizabeth his Wife and acknowledged that they --.. --.. --.. --.. ---- ---- ----. . --.. --..and --.. --.. ---- --. ----.. ---- and the said Elizabeth being --. --.. --.. and
[2 illegible lines] Chas Taylor.
MODIFICATION OF INDENTURE
JOHN CLARKE TO DONALD MALCOLM
ISLAND RECORD OFFICE: L.O.S. 242 Folio 63
Date of entry of document: 19 December 1770
Date within document: 2 April 1762
Persons Mentioned, Places Mentioned
John Clarke [of St James Esq.] & his wife Petronella [Virgo] [deceased], St James
Donald Malcolm, Hanover
William Virgo & Mary his wife, Retrieve sugar plantation in Hanover
James Spence, James Kerr & Ephraim Dunn
Petronella & Elizabeth Virgo - daughters of William Virgo and his wife.
John Broadbelt [married to Eliz. Virgo]
Precis:-
This document was entered on 19 December 1770 but was made on 10 November 1769. It was made to modify certain terms and conditions made in a Tripartite Indenture dated 2 April 1762. This indenture sold a plantation and sugar works in Hanover called Retrieve with certain conditions. The plantation was owned by William Virgo and his wife Mary and was sold by them to James Spence, James Kerr and Ephraim Dunn. Daniel Hine, planter was the third party although it is not clear how he was involved. The sale was on condition that certain payments be made to Petronella and Elizabeth Virgo, the daughters of Wm & Mary Virgo as follows:- Both to receive £60 per annum with the first payment on 2 April 1763 and to continue until the payments mentioned below were due. On 2 April 1770 Elizabeth or her heirs were to receive £1000 and on 2 April 1774 £500. On 2 April 1771 Petronella or heirs were to receive £1000 and on 2 April 1775 £500.
Between the dates of the original tripartite indenture and the making of this document the following events had taken place:- Petronella had married John Clarke, had one or more children and died. Elizabeth had married John Broadbelt and also had children. On Petronella's death John Clarke had applied for and obtained letters of administration on Petronella's estate.
On 2 August 1769 John & Elizabeth Broadbelt signed an indenture transferring Elizabeth's rights under the original tripartite indenture to John Clarke.
Finally this document transfers all John Clarke's rights to annuities and lump sums from both Elizabeth and Petronella to Donald Malcolm [merchant] for the sum of £3000.
Now this document would seem to prove the identity of Petronella and also, since she has died by the time it was drawn up in 1769 it offers an explanation for John Clarke's second marriage [in 1769] to Elizabeth Gallimore.
NB. This is a particularly difficult document to read & several words may not be correctly transcribed.
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Clarke John to Donald Malcolm Entrd. 19th December 1770 [in the margin]
Jamaica SS.
This Indenture made the tenth day of November in the ninth year of the reign of our sovereign lord George the third by the Grace of God of Great Britain France and Ireland King and of Jamaica Lord defender of the faith and in the year of our Lord one thousand seven hundred and sixty nine between John Clarke of the parish of St James in the county of Cornwall in the said Island Esquire of the one part and Donald Malcolm of the Parish of Hanover Esquire of the parish of Hanover in the county of Cornwall aforsaid Merchant of the other Whereas in and by one certain Indenture Tripartite bearing date on or about the second day of April in the year of our Lord one thousand seven hundred and sixty two and made or mentioned to be paid Between William Virgo of the said parish of Hanover Esquire and Mary his wife by the names of William Virgo of the parish of Hanover in the Island of Jamaica Esquire and Mary his wife of the first part James Spence and James Kerr of the parish of Hanover aforsaid Esquires by the names of James Spence and James Kerr of the said parish Esquires and the said Ephraim Dunn of the parish of Westmoreland in the said Island Esquire of the second part and Daniel Hine of the parish of Hanover planter by the name of Daniel Hine of the parish of Hanover in the Island aforsaid Planter of the third part is acting as therein is recited it is witnesseth that the said William Virgo and Mary his Wife for the consideration therein mentioned did grant bargain sell release convey and confirm with the said James Spence James Kerr and Ephraim Dunn that plantation and sugar works situate lying and being in the parish of Hanover aforesaid and commonly known by the name of the Retrieve therein particularly mentioned [??????] [??????] [??] and described and all Messuages tenements buildings plantations utensils and premisses thereupon and thereunto belonging and allowed[?] and every the negroes and other slaves and other land cattle and stock which were particularly mentioned and set down in a certain schedule hereunto annexed To Hold the said plantation sugar works lands tenements negro and other slaves hereditments and Premisses with the appurtenances unto the said James Spence James Kerr and Ephraim Dunn their Heirs and assigns for ever subject to the several tenets therein after mentioned and expressed and declared among others particularly to secure unto Petronella Virgo and Elizabeth Virgo daughters of the said William Virgo the several and respective sums of money payable upon the several days and times hereinafter mentioned of that is to say / to secure unto the said Petronella and Elizabeth the sum of sixty pounds current money of Jamaica per annum each [???????] mentioned the first payment to commence and begin upon the second day of April in the year of our Lord one thousand seven hundred and sixty three and to so continue yearly until the times thereafter respectively mentioned and also to secure unto the said Elizabeth the Heirs of her Body lawfully begotten upon the second day of April in the year of our Lord one thousand seven hundred and seventy the sum of one thousand pounds current money of Jamaica and the further sum of Five Hundred pounds of like money upon the second day of April in the year of our Lord one thousand seven hundred and seventy four and unto the said Petronella or the Heirs of her Body lawfully begotten the sum of one thousand pounds like money upon the second day of April in the year of our Lord one thousand seven hundred and seventy one and the further sum of Five hundred pounds current money aforsaid upon the second day of April in the year of our Lord one thousand seven hundred and seventy five [?????????? 2 words?] also declared in and by the said [????] indenture that the said yearly annuities of sixty pounds each to the said Elizabeth and Petronella should cease and determine on the days and times when they should respectively become intitled to the payment of the aforsaid [?????] the sum of one thousand pounds each as in and by the said indenture duly executed proved and constituted in the proper office of [?????] this Island [?????] being thereunto [???] [???] and doth more fully and at large appear and whereas the said Petronella afterwards was married with the said John Clarke but hath since departed this life having first attained her age of twenty one years leaving issue of her body lawfully begotten and whereas the said John Clarke hath applied for and obtained from His Excellency Sir William Trelawney Baronet in Ordinary of this Island letters of administration on all and singular the goods and chattels rights and credits which the said Petronella in and by the said letters of administration issued on the Secretarys Office of this Island [??????] being thereunto had may more fully and at large appear and whereas the said Elizabeth Virgo hath since the execution of the aforesaid Indenture of trust [???????] with John Broadbelt of the parish of St James Esquire and hath also attained her age of twenty one years and hath issue of her body lawfully begotten and whereas in and by a certain Indenture having date on or about the second day of August in the year of our Lord one thousand seven hundred and sixty nine and made or mentioned to be made between the said John Broadbelt and Elizabeth his wife by nemes and additions of John Broadbelt of the parish of Saint James in the county of Cornwall in the Island of Jamaica Esquire and Elizabeth his wife (late Elizabeth Virgo Spinster) one of the daughters of William Virgo the elder late of the parish of Hanover but now of the parish of Saint James aforesaid Esquire of the one part and the said John Clarke by the name and addition of John Clarke of the parish of St James aforesaid Esquire of the other part reciting as therein recited it is and by the said Indenture witnesseth [???] the said John Broadbelt Elizabeth his wife consideration therein mentioned did grant bargain sell assign transfer and [????] unto the said John Clarke his Executors administrators and assigns the said annuity yearly cost or sum of Sixty pounds current money aforesaid upon dates and made payable to her the said Elizabeth in and by the said recited indenture as the [????] shall become and from from[?] the day of the date of the said reciting[?] Indenture and also the said several sums of one thousand and five hundred pounds made payable to her the said Elizabeth in and by the said Indenture and also all the estate rights title interest claim and doing whatsoever of them the said John Broadbelt and Elizabeth his wife either of them of in and to the said annuity yearly sum or do or of the said respective sums of one thousand pounds and five hundred pounds thereby assigned or [????] did so to be to receive and enjoy the said annuity yearly [????] sum of sixty pounds unto the said John Clarke his Executors Administrator and assigns for and during such time as she the said Elizabeth did as they the said John Broadbelt and Elizabeth his wife [???] of could or might [???] therein by virtue of the said recited indenture and to hold receive and enjoy the said respective sums of one thousand pounds and five hundred pounds at the [?????] times the same are made payable and by the said recited indenture unto the said John Clarke his Executors Administrators and assigns to and for his use and benefit forever himself forever together with all interest sum and sums of money hereafter to [????] due and be made payable upon the said annuity respectively [???????] by virtue of the said indenture (saving to the said Elizabeth and her heirs all Interest and rights in and to any remainder[??????] or of [??????] which may come to her either upon any of the contingencies in the said recited indenture mentioned) as in and by this said recited indenture duly [???????????????? 4 words?] in the proper office of [????] until of this Island retention being thereunto had more fully and at large appear and [??????] the said John Clarke in [?????] of the said hereinbefore recited indenture of assignment and also in virtue of the administration granted and or committed to have as aforesaid is become intitled to the said several and respective annuities and to the said two several and respective sums of one thousand and four hundred pounds and one thousand and five hundred pounds likewise signed and made payable to the said Elizabeth and Petronella in and by the said Indenture and the same have already and may hereafter respectively become due and payable and whereas the said Donald Malcolm hath come to an agreement with the said John Clarke for an assignment of and to the two said respective annuities [??] [??] [?????] and [?????] made payable to the said Elizabeth and Petronella as the same shall severally become due and payable after the day of the day of date of the [?????] unto and also the said time several other sums of one thousand and five hundred pounds and one thousand five hundred pounds likewise payable to them respectively on the days and times hereinbefore mentioned for the consideration or sum of three thousand pounds current money of Jamaica Now this Indenture witnesseth that the said John Clarke for and in addition of the said sum of three thousand pounds current money aforesaid to him in hand at or in money[?] before the [??] sealing and delivery of these presents well and truly paid by the said Donald Malcolm the receipt whereof the said John Clarke doth hereby fully acknowledge and thereof and therefrom and of and from [????] paid [????] thereof doth acquit [????] exonerate and discharge the said Donald Malcolm for each of these presents he the said John Clarke hath granted bargained sold assigned or transferred and set on and by these presents doth grant bargain sell assign transfer and let unto the said Donald Malcolm his Executors admistrators and assigns the said two several annuities of sixty pounds and sixty seven[?] pounds and made payable to the said Elizabeth Virgo and Petronella Virgo in and by the said deed or Indenture of trust as the same shall respectively [????] and payable [????] and after the day of these presents and also the said two several sums of one thousand five hundred pounds and one thousand five hundred pounds payable and [????] to the said Elizabeth and Petronella in manner as aforesaid and all the rights interest and demands whatsoever of him the said John Clarke in and by the same and many part and parcel thereof to have Hold receive and take the said several annuities of sixty pounds and sixty pounds and also the said two several other sums of one thousand pounds five hundred pounds and one thousand five hundred pounds and all benefit and advantage thereof and all and every sum and sums of money due and to grow due thereon for Interest thereof or otherwise saving and redeeming to them the said John Broadbelt and Elizabeth his wife their heirs executors and administrators and to the said John Clarke and the heirs executors and administrators of the said Petronella his wife all their rights and interest in or to any reversion remainder [?????] under or by virtue of the said Indenture [???] herein before [????????????? 3 or 4 words] the said several and respective sum of money claims and demands aforesaid hereby assigned to and transferred and made over or meant and intended so to be unto the said Donald Malcolm his executors administrators and assigns [???] [????] benefit [??] of the said Donald Malcolm his executors adminstrators and assigns or his and their [????] [????] [????] [????] and for no other [????] purpose whatsoever and the said[?] John Clarke for himself his executors and administrators any of them doth as [????] promise and agree to and with the said Donald Malcolm his executors administrators and assigns in manner and form following that is to say that he the said John Broadbelt and Elizabeth his wife and the said John Clarke have not nor hath any of their other assigns transferred or made [????] of their said several and respective demands herein and hereby assigned or meant mentioned or intended to be or any part or parcel thereof to any person or persons whomsoever or wittingly or willingly done committed [?????] or suffered any [???] deed matter or thing whatsoever whereby or by means hereof these presents or the[?????] content and meaning thereof can be altered changed defeated [???????] rendered void in all or in any part thereof and also that he the said John Clarke his executors and administrators and every of these shall and will from time to time and at all times hereafter make [?????] acknowledge unto the said Donald Malcolm his executors admiinistrators and assigns all and every such further and other lawful and reasonable act and acts deeds or other presents in writing whatsoever which shall or may be for the further better and more perfect assigning transfering and making over all and every the said several demands sum and sums of money herein before assigned transferred and let over or meant mentioned intended to be as by the said Donald Malcolm his executors administrators or assigns or any of them or his or their [????] [?????] [?????] in the law of shal be reasonably devised and advised or required (saving and reserving all rights and interest hereinbefore mentioned and intended to be [????] reserved) and the said John Clarke for the consideration aforesaid and for the better and more effectively enabling the said Donald Malcolm his executors administrators and assigns to recover and receive the several and respective sums of money herein and hereby assigned transferred and made over or meant mentioned and intended so to be doth by these presents make nominate and appoint the said Donald Malcolm his executors administrators and assigns the true and lawful attorney and attorneys of [???] the said John Clarke [?????] in the [?????] to do use exercise and [?????] all and every such act deeds writing and things whatsoever which shall or may be judged necessary or expedient for the recovering and receiving the said several and respective sums of money to the only [?????] benefit and behoof of the said Donald Malcolm his executors administrators and assigns and for releasing and discharging the said several demands sum and sums of money upon payment and satisfaction therefore generally to do [??????] and every lawful act deed matter and thing in the [????] as fully and effectively to all interests and as he the said John Clarke could or might have done before the execution of these presents In Witness thereof the said John Clarke hath hereunto set his hand and his seal the day and year first within written.
John Clarke
Sealed and delivered in the presence of
Wm Marshall
Received the day and year first within written of and from the within signed Donald Malcolm the sum of three thousand pounds current money of Jamaica being the consideration money within mentioned to be paid to me
John Clarke
Witness Wm Marshall
Memorandum this 8th day of October 1770 Personally appeared before me William Marshall of the parish of Hanover in the County of Cornwall and Island aforesaid Gentleman who being duly sworn made oath that he was present and did see the [????] [????] John Clarke sign seal at his act and deed deliver the within written Instrument in writing to which he the [???] is the subscribing witness
Peter Campbell
ISLAND RECORD OFFICE: L.O.S. 242 Folio 34
Date of entry of document: 18th Jan [?] 1770
Date within document: 8th November 1769
Persons Mentioned, Places Mentioned
James Virgo, 140 acres in St James
John Broadbelt
William Virgo & Mary his wife
James Lettice
Precis:-
NB: This is a particularly difficult document to read and many words are pure guesswork! TC.
This document appears to lease 140 acres of land in St James from James Virgo to John Broadbelt for 12 years. It formed part of land originally owned by William and Mary Virgo.
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1st Page [A]
Virgo James to John Broadbelt Entrd. 18 Jany [?] 1770 [in box in margin]
Jamaica SS.
This Indenture made the eighth day of November in the year of our Lord one thousand seven hundred and sixty nine Between James Virgo of the parish of St James in the Island of Jamaica ----. of the one part and John Broadbelt of the parish and island aforesaid planter of the other part Witnessess that the said James Virgo for and in consideration of the Rights ----. and agreements hereafter in --.. and mentioned --. --. in his .. --. final of the said John Brodbelt his Executors Administrators and Assigns are or ought to be paid ---- and possession --. described granted --. --. James Lettice and by these presents .. devise grant and -- forever let him the said John Brodbelt his Heirs Administrators and Assigns --. or fr--. of land bounding South on James ---- East on John ---- on all other sides on part of the same Run of land consisting by estimation one hundred and forty acres being ---- --. half part of a piece or parcel of land sold by William Virgo and Mary his wife of the said parish and Island aforesaid and unto the said James Virgo and .. all residences buildings --.. or to be vested or built as also all such residue sold --. --. ---- K..ff --..and appurtenances whatsoever to the said piece or parcel of land and premises hereby annexed unto the said John Brodbelt his heirs executors and administrators and assigns from the day of the sealing of these presents for and during the full --. & Term of Twelve years from next insuring and fully to be --. --. at --. ended of -- and --.. therefore yearly and every year the said John Brodbelt his heirs executors administrators and assigns to the said James Virgo his heirs administrators --. and assigns the sum of seven pence half penny of --. --. to the said John Brodbelt his heirs executors administrators and assigns shall -- --. --.. --. --.. ---- . [end of page]
2nd page [B]
possessions --. devised granted to James Lettice and by these presents doth devise grant and .. --.. let unto the said John Brodbelt his Heirs Executors Administrators and assigns a piece or parcel of land binding South on James Basely East on John Moulf--? On all other sides on part of the same Run of land consisting by estimation one hundred and forty acres being one ---- or equal half part of a piece or parcel of land sold by William Virgo and Mary his wife of the parish and Island aforesaid unto the said James Virgo with all erections and buildings now erected or to be erected or built as also all woods --. --. waters easements K-- commodities and appurtenances whatsoever to the said piece or parcel of land belonging or in any --. appertaining to have and to hold the said piece or parcel of land and premises hereby annexed unto the said John Brodbelt his heirs Executors administrators and assigns forever the day of the sale of these presents for and during the full --. & Term of Twelve years thence -- --. and fully to be --. at -- -- -- yielding and --.. therefore yearly and every year .. the said John Brodbelt his Heirs Executors administrators and assigns the sum of Seven pence half penny on demand and the said John Brodbelt his Heirs Executors --. and assigns shall and will at the end and expiration of the said term of twelve years peaceably and quietly deliver unto the said James Virgo his Heirs Executors administrators and assigns the said piece or parcel of land hereby described --. Houses or H-- erected and built thereon of the full value of five hundred pounds current money of Jamaica and all twenty acres of Plantain Walk three acres of grain & provisions and six acres of Guinea Grass unto the said James Virgo for himself his heirs Executors administrators and assigns do --.. --.. grant and agree to and with the said John Brodbelt his heirs executors administrators and assigns by these presents that he the said John Brodbelt his heirs executors administrators and assigns pay the yearly sum hereby --. and made [end of page]
[3rd page]
Payable shall and may peaceably and quietly have hold occupy possess and enjoy the said Lands and Parcels of Land and Premisses hereby described with appurtenances
ISLAND RECORD OFFICE: L.O.S. 249 Folio 80
Date of entry of document: 19th March 1772
Date within document: 1st September 1770
Persons Mentioned
Sir Simon Clarke [7th Baronet]
John Fitzgerald Esq.
Fanny & Jenny [mulatto slaves]
Precis:-
In this document Sir Simon Clarke sells two slaves to John Fitzgerald.
_____________________________
[In the margin] Clarke Sir Simon to Fitzgerald John 19th March 1772
Jamaica SS
This Indenture made the first day of September in the tenth year of the reign of our Sovereign Lord George the third by the Grace of Good of Great Britain France and Ireland King and of Jamaica Lord defender of the faith and in the year of our Lord one thousand seven hundred and seventy Between Sir Simon Clarke of the parish of Hanover in the county of Cornwall and Island aforesaid Baronet of the one Part and [end of page]
John Fitzgerald of the Parish of Westmoreland in the county and island aforesaid Esquire of the other Part Witnesseth that the Sir Simon Clarke for and in consideration of the sum of two hundred pounds current money of the island aforesaid to him in hand well and truly paid by the said John Fitzgerald at or immediately before the Ensealing and Delivery of these Presents the receipt whereof the said Sir Simon Clarke doth hereby acknowledge and thereof and therefrom and of all and every Part doth fully and clearly Acquit Release and Discharge the said John Fitzgerald his heirs Executors Administrators and assigns for ever By these presents hath Granted Bargained Sold Conveyed and Confirmed and by these presents Doth Grant Bargain Sell Convey and Confirm unto the said John Fitzgerald his heirs and assigns the two Mulatto women slaves (to wit) Fanny and Jenny with their future offspring and issue To have and to hold the said Mulatto women Slaves named Fanny and Jenny with their future offspring and issue to the said John Fitzgerald his heirs and assigns for ever and to the only Proper use and Behoof of the said John Fitzgerald his heirs and assigns for ever and the said Sir Simon Clarke for himself his heirs Executors and Administrators doth covenant and agree to and with the said John Fitzgerald his heirs and assigns in manner and form following that is to say that He the said Sir Simon Clarke hath himself good right --. ---- and Lawfull Authority to Grant Bargain and sell the two Mulatto women slaves herein Granted Bargained and Sold and that free and clear of all and every other former Gifts Grants Bargains, Sales, Mortgages Dowers or --. and all other Incumberances whatsoever had made Committed done or suffered by him the said Sir Simon Clarke or any other Person or Persons whatsoever And the said Sir Simon Clarke the said two mulatto women Slaves hereinbefore Granted and Sold unto the said John Fitzgerald his heirs and assigns for ever as aforesaid against him the said Sir Simon Clarke his heirs executors and administrators and against all and every other Person or Persons whatsoever shall and will warrant and for ever defend by these Presents In witness whereof the said Sir Simon Clarke hath hereunto set his hand and seal the day and year above written Simon @ Clarke
Conveyed Sealed and Delivered in the presence of Danl. Young
Received the day and year within written of and from the within named John Fitzgerald the sum of two hundred and twenty pounds being consideration money within mentioned to be paid to me
Simon Clarke
Daniel Young
ISLAND RECORD OFFICE: L.O.S. 249 Folio 171
Date of entry of document: 25th August 1772
Date within document: 20th December 1770
Persons Mentioned
Jane Clarke [Widow]
John Hodges [Bricklayer]
Mason Slaves Ishmail & Sharper [?]
Precis:-
This indenture records the sale of two slaves by Jane Clarke, a widow, to John Hodges, a bricklayer for £280
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[In the margin] Clarke Jane to Hodges John Entrd 25th August 1772
Jamaica SS
Know all men by these presents that Jane Clarke of the Parish of St James in the county of Cornwall and island of Jamaica aforesaid widow for and in Consideration of Two hundred and eighty five pounds current money of Jamaica her in hand well and truly paid by John Hodges of the above Parish County and island Bricklayer at or before the Ensealing and Delivery of these Presents the acceptance of which doth hereby acknowledge and thereof and of every Part thereof doth Acquit Release and Discharge the said John Hodges his Heirs Executors and Administrators for ever by these Presents hath Granted Bargained Sold Aliened --. Conveyed and confirmed by these Presents doth Grant Bargain Bargains Let A------ Convey and Confirm unto the said John Hodges his heirs and assigns All those two Negroes Mason Slaves named Ishmail and Sharper late the property of Jonas[?] Clarke late of the county parish and island aforesaid Esquire deceased and Purchased by the said Jane Clarke at publick auction from Robert Gray Esquire Deputy for the parish aforesaid and the Reversion and Remainder and Remainders Rents Issues --.. and Profits of the said two slaves Ishmail and Sharper and each of them and -- all the Estates Right Title Interest Property Possessions Claims and --. Whatsoever of her the said Jane Clarke both in Law and Equity of in to and out of the said two slaves or either of them To have and To hold the said two slaves Ishmail and Sharper hereby granted and each of them unto the said John Hodges his heirs and assigns for ever To the only proper and absolute use and behoof of the said John Hodges his heirs and assigns for ever And the said Jane Clarke for herself her heirs Executors Administrators and assigns by these Presents in manner and form following that is to say that he the said John Hodges his heirs and assigns and every of them shall and may lawfully from time to time and at all and every time and times hereafter have hold Possess Enjoy all and singular the said two Negroe Slaves hereby granted without any manner of Lett Suit Trouble --.. Ejection Disturbance or other nuisance or Mollestation whatsoever of or by the said Jane Clarke her heirs Executors Administrators Assigns or any other Person and Persons whatsoever shall and will warrant and fo ever Defer by these Presents in witness whereof the said Jane Clarke hath to these presents set her hand and seal the twentieth day of December in the year of our Lord one thousand seven hundred and seventy
Jane Clarke@
Sealed and Delivered in the Presence of Jno Franklin
Received the day and year above written of the above named John Hodges the sum of two hundred and eighty five pounds Current money of Jamaica being the full consideration money --. intended to be paid to me
Witness Jno Franklin
Jane Clarke
Memorandum this 6th day of July 1771 Personally appeared before me John Franklin the subscribing witness to the within instrument of Writing and made Oath that he was Present and saw the within named Jane Clarke Sign Seal and Deliver the same as and for her Act and deed
John Kelly
ISLAND RECORD OFFICE: L.O.S. 249 Folio 182
Date of entry of document: 25th December 1772
Date within document: 13th December 1770
Persons Mentioned, Places Mentioned
James Virgo [practitioner in physic & surgery], Fat-Hog-Hole in St James
Cargill Downer Esq.
Benjamin Whitecomb Jnr [original patentor of land]
Jarvis Gallimore [neighbour]
John Worcester [neighbour]
Francis Delap [neighbour]
William Gallimore [neighbour]
Mr. Brodbelt [lessee of part of sold land]
Precis:-
This is a contract for the sale of two hundred and acres of land in St James near an area called Fat Hog Hole. The price is one thousand pounds and a drawing of the land is included with a reference to a place called Pudding Corner at the north east corner of the land. James Virgo is described as a "Practioner in Physick and Surgery" and sells it to a Cargill Downer Esq. It appears that part of the land is leased to a Mr Brodbelt.
____________________________
[In the margin] Virgo James to Downer Cargill 25th December 1772
Jamaica SS
This Indenture made the thirteenth day of December in the Eleventh year of the reign of our sovereign Lord George the third by the grace of God of Great Britain France and Ireland King and of Jamaica Lord Defender of the faith and so forth and in the year of our Lord one thousand seven hundred and seventy Between James Virgo of the Parish of Saint James in the County of Cornwall and Island of Jamaica aforesaid Practioner in Physick and Surgery of the one part and Cargill Downer of the same parish County and Island Esquire of the other part Witnesseth that for and in consideration of the sum of one thousand pounds current money of Jamaica to him the said James Virgo In hand well and truly paid by the said Cargill Downer at or before the Ensealing and Delivery of these presents the receipt whereof he doth hereby Acknowledge and thereof and from every Part and Parcel thereof doth Acquit release and disscharge the said Cargill Downer his heirs Executors and Administrators and Assigns and every of them for ever by these presents by the said James Virgo hath Granted Bargained Sold Alien Release Convey and Consign unto the said Cargill Downer his Heirs and Assigns All that piece or parcel of land situate lying and being near Fat-Hog-Hole in the parish county and Island aforesaid Containing Five Hundred and Eighty Acres being Part and Parcel of a Large Run of Land Patented by Benjamin Whitecomb Jnr One thousand Acres Binding Northerly on Jarvis Gallimore Esquire Easterly on John Worcester Esquire Southerly on Francis Delap Esquire and Westerly on William Gallimore Esquire as by the Platt hereunto annexed will more fully appear together with all houses Outhouses Edifices Erections and Buildings thereon erected and Built or to be Erected and Built and all ways Paths Passages woods underwoods Timber Trees Waters Water Courses Profits Commodities Advantages Emoluments Hereditments and Appurtenances whatsoever to the said pieces or parcel of land belonging or in any wise Appertaining or therewith or to or with any Part or Parcel thereof usually held or Occupied Possessed or enjoyed or Accepted Reputed Denied or other as part parcel or member thereof or of any Part thereof and the revisions and Reversions Remainder and Remainders Rents Issues and Profits thereof and of every part and parcel thereof And also all the Estate Rights Title Interest property Claims and Demands whatsoever both in Law and Equity of him the said James Virgo of in and to the same piece or parcel of Land Hereditments and premisses and every part and parcel thereof and all and every the Deeds Evidences Letters Patent on --.. and writings whatsoever touching or concerning the same or any part or parcel thereof To have and to hold the said piece or parcel of Land Hereditments and Premisses hereby granted and Sold or mentioned or intended to be hereby granted and sold and every Part and Parcel thereof with their and every of their Appurtenances unto the said Cargill Downer his heirs and assigns for ever To the only Proper use and Behoof of the said Cargill Downer his heirs and assigns for ever and the said James Virgo for himself his heirs Executors and Administrators and for every of them doth Covenant and Grant and with the said Cargill Downer his Heirs and Executors Administrators and assigns and to and with every of them by these presents in on --. and from following that is to say that he the said James Virgo now is the true and lawful owner of the said piece or parcel of Land Hereditments and all and singular other the premisses being rightfully and absolutely Seized thereof of a good piece absolute and Indefeasible Estate of inheritance in fee simple without any manner of condition Trust Contingent Covenant Proviso or limitation of use or uses or other restraint Matter or Thing or --.. to Alter Change Charge Determine Incumber defeat or evict the same And that he the said James Virgo hath Good Right Lawfull and absolute Authority himself to grant and convey all and Singular the said piece or parcel of Land Hereditments and Premisses hereby Granted or mentioned or intended so to be good every part and parcel thereof with the Appurtenances unto the said Cargill Downer his heirs and assigns and every of them shall God Lawfully may from time to time and at all times hereafter have hold use occupy possess and enjoy all and singular the said piece or parcel of Land Hereditments and premifes hereby granted mentioned or intended so to be and every part and parcel thereof with all and singular their and every of their appurtenances and all and every of the Rents Issues Profits and Commodities thereof Arising Accruing and Growing to have receive and take without any manner of Let Suit --. Vexation Eviction Disturbance or other Hindrance or Molestation whatsoever lawfully claiming or to claim the said piece or parcel of Land hereditments and premisses or any part or parcel thereof And further that the said piece or parcel of Land Hereditments and Premifes hereby granted mentioned or intended to be hereby Granted as aforesaid and every part and parcel thereof with all and singular their and every of their Appurtenances now are --. from henceforth for ever hereafter shall continue remain and be unto the said Cargill Downer his Heirs and Assigns free and Clear and Truly and Clearly and absolutely free and Acquitted Exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Enfoefments Mortgages Devises Uses --.. Dowers or rights of Dower Intails Legaces Estates rights Titles Rents Quit Rents Averages of Rents A--.. Debts Duties Judgements Executions --. Expenses Extents Charges Titles Troubles Forfeitures --.. and Incumbrances whatsoever had made committed done acknowledged suffered by the said James Virgo or by any other person or persons whatsoever And lastly that for the said James Virgo his heirs and executors and administrators the said piece or parcel of Land Hereditments and Premisses and all and singular other the premisses hereby granted or mentioned or intended so to be and every part and parcel thereof with all and singular their and every of their Appurtenances unto the said Cargill Downer his heirs and assigns against him the said James Virgo his heirs and against all and every other person and persons whatsoever shall and will be --.. and forever Defend by these Presents In Witness whereof the said James Virgo hath heretofore set his hand seal the day and year above mentioned
James @ Virgo
Sealed and delivered in the presence of [ 2 signatures]
Received the day and year first within written of and from the settlement and --. --.. the sum of One Thousand Pounds current money of Jamaica being the full consideration money within mentioned to be paid to me
Witness Neil --.. James Virgo
Memorandum 12th November 1771 Personally Appeared before John --. being one of within subscribing witnesses maketh oath on the holy Evangelist of Almighty God that he --. within --. James Virgo Sign Seal and Deliver -- --. -- of Writings his lawful act of deed within mentioned
John Simpson
[ The diagram shows neighbours as mentioned above and says that the southerly boundary is to land formerly patented by James Barklay now the property of Francis Delap. At the top right hand corner a junction of roads is shown with the words ' milk hardwood & dogwood logs called Pudding Corner' There are other annotations which are difficult to read TC]
Jamaica SS
The above Diagram represents the Form and Bound of Two Hundred Eighty Acres of land belonging to James Virgo Esquire being part of a Larger Run first patented by Benjamin Whitcomb for 1000 Acres situate in the Parish of St James near a place called Fat Hog Hole which said two hundred and eighty acres is Messuaged at request of said Virgo by one hundred and forty acres thereof laid out in the Southern End to be leased to Mr Brodbelt.
Performed this 4th April 1770 and laid down by a Scale of Twenty Chains to an Acre
Rbt Scarlett
ISLAND RECORD OFFICE: L.O.S. 264 Folio 66
Date of entry of document: 6th September 1774
Date within document: 9th August 1774
Persons Mentioned
John Clarke [Planter of Hanover]
Elizabeth [John's wife]
Mary Atkins [Spinster of Hanover]
John Jackson [of London, Merchant]
Slaves:- Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abbie Mammy Quashibar Peggy Clavittah Cesar and Moll
Precis:-
In this Indenture John Jackson, a merchant of London, purchases a number of slaves from John & Elizabeth Clarke and a Mary Atkins who is a spinster. All three come from the parish of Hanover, and John Clarke is a planter.
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[In the margin] Clarke John to John Jackson Enrolled 6th September 1774.
Jamaica SS
To all whom these presents shall come John Clarke of the Parish of Hanover in the County of Cornwall and Island aforesaid Planter Elizabeth his Wife and Mary Atkins of the Parish County and Island aforesaid Spinster Sends greeting whereas John Jackson of the city of London in the Kingdom of Great Britain Merchant hath agreed with the said John Clarke Elizabeth his wife and Mary Atkins for the absolute purchase of the following slaves to witt, Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abbie Mammy Quashibar Peggy Clavittah Cesar and Moll together with the future issue offspring and increase of the said female slaves for and at the price or sum of One thousand and thirty pounds current money of Jamaica aforesaid Now Know ye that the said John Clarke Elizabeth his wife and Mary Atkins for and in consideration of the said sum of one thousand and thirty pounds current money aforesaid to them in hand well and truly paid by the said John Jackson at or immediately before the ensealing of these presents the receipt whereof they the said John Clarke Elizabeth his wife and Mary Atkins each and every of them Do hereby acknowledge and thereof and therefrom and of and from every part thereof Do hereby acquit release exonerate and Discharge the said John Jackson his heirs executors administrators and assigns and every of them of or with by these presents they the said John Clarke Elizabeth his wife and Mary Atkins Have Granted Bargained Sold and Delivered and by these presents Do Grant Bargain Sell and Deliver unto the said John Jackson his heirs and assigns the said negroe slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves and the reversion and reversions remainder and remainders rents profits and hire of the said negroe slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves and all the Estate right title interest use Possession Property benefit claim and demand whatsoever either at law or in Equity of them the said John Clarke Elizabeth his wife and Mary Atkins of in or out of the law To have and To hold the said negroe slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves hereby Bargained Sold and Delivered or meant mentioned or intended so to be unto the said John Jackson his heirs and assigns to the proper use and behoof of the said John Jackson his heirs and assigns for ever and to and for no other use interest or purpose whatsoever and they the said John Clarke Elizabeth his wife and Mary Atkins jointly and severally for themselves their heirs executors and administrators Covenant promise and agree to and with the said John Jackson his heirs and assigns in manner and form following that is to say that it shall and may be lawfull to and for the said John Jackson his heirs and assigns from time to time and at all times hereafter peaceably and quietly To Have hold use feed imploy the said negroe slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves hereby bargained Sold and Delivered or meant mentioned or intended so to be and to receive have and take the Rents Profits and hire of these the said Slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves to and for his and their own use and benefit and Lastly that they the said John Clarke Elizabeth his wife and Mary Atkins and their heirs the said negroe Slaves named Old Bacchus Tommy Scotland Quaw Fool Dianah Cynthia Mannah Rosannah Abby Nanny Quasheba Peggy Clavitah Cesar & Moll together with the future issue offspring and increase of the said female slaves hereby bargained and sold or meant mentioned or intended so to be unto the said John Jackson his heirs and assigns them the said John Clarke Elizabeth his wife and Mary Atkins and every of their heirs and against all and every other person or persons whomsoever shall and will warrant and for ever Defend by these presents In witness whereof they the said John Clarke Elizabeth his wife and Mary Atkins have hereunto Jointly and Severally set their hands and seals the ninth day of August in the year of our Lord one thousand seven hundred and seventy four.
John Clarke @ Elizabeth Clarke @ Mary Atkins @
Sealed and delivered in the presence of Richard Brooke Thomas Hill Junr.
Received the day and year last above written of and from the above named John Jackson the sum of one thousand and thirty pounds current money of Jamaica being the consideration money above mentioned to be by him paid to us
Witness. Rich. Brooke John Clarke
Memorandum this ninth day of August one thousand seven hundred and seventy four personally appeared before me John Clarke and Elizabeth his wife & Mary Atkins parties to the within written Indenture & acknowledged that they did Sign Seal Execute and deliver the Same as their Several ---- Acts and deeds and the said Elizabeth being by me at the same time privately examined apart from her said husband acknowledged that she executed the Same of her own free voluntary will and consent & without any force or compulsion of her said husband
William Anglin
ISLAND RECORD OFFICE: L.O.S. 264 Folio 149
Date of entry of document: 15th September 1774
Date within document: 12th September 1774
Persons Mentioned, Places Mentioned
John Clarke [Mason] of St Anne, Land in St Ann called Sam Clarkes
Elizabeth Clarke [John's wife]
James Henry Esq
Precis:-
In this indenture John Clarke, a mason, and his wife Elizabeth sell 50 acres of land in St Ann called Sam Clarkes[?] for £200 to James Henry Esq. The land is half of 100 acres purchased by a Christian Ulmer from a Samuel Whitehorne.
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[In the margin] Clarke John to James Henry enrolled 15th September 1774
Jamaica SS
This Indenture made the twelfth day of September in the fourteenth year of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King and of Jamaica Lord Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and seventy four between John Clarke of the Parish of St Anne in the County of Middlesex and island aforesaid Mason and Elizabeth his wife of the one Part and James Henry of the Parish County and Island aforesaid Esquire of the other Part Witnesseth that the said John Clarke and Elizabeth his wife for and in consideration of the sum of Two hundred pounds current money of Jamaica to them or one of them in hand paid at or before the Ensealing and Delivery of these presents by the said James Henry the receipt whereof they the said John Clarke and Elizabeth his wife do hereby acknowledge and thereof and therefrom and of and from every part thereof do hereby acquit release exonerate and Discharge the said James Henry his heirs assigns and administrators by these presents Have and each of them Hath Granted Baregained Sold aliened released Enfoeffed Conveyed and Confirmed and by these presents the said John Clarke and Elizabeth his wife Do and each of them Doth Grant Bargain Sell alien release enfoeff convey and confirm unto the said James Henry his heirs and assigns all that piece or parcel of Land situate lying and being in the Parish of St Anne in the Island aforesaid containing fifty acres being the one half of one hundred acres of land purchased by Christian Ulmer of Samuel Whitehorne Esq and butting and bounding East on the road leading to land patented by Gershom Ely Esquire called Sam Clarkes west on Cistern River & North on Thomas Ulmer together wih all houses outhouses Edifices Erections and buildings on the said piece or parcel of land or on any Part or parcel of land or any part thereof now being Standing Erected and built or to be Erected and built and all ways waters watercourses Trees Woods underwoods Easements Profits Commodities Emoluments Hereditments and Appurtenances whatsoever to the said piece or parcel of land or any part thereof belonging or appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and of every part thereof and also the Estate right title Interest Property Trust use Claim and Demand whatsoever both at Law and in Equity of them the said John Clarke and Elizabeth his wife or either of them of unto or out of the said hereby granted and sold premisses or any part thereof To have and To hold the said piece or parcel of Land and all other the premisses hereby bargained and sold or meant or intended to be with their and every of their rights Members and appurtenances unto the said James Henry his heirs and assigns for ever to the only proper use benefit and behoof of the said James Henry his heirs and assigns for ever and to and for no other use --. or purpose whatsoever and the said John Clarke for himself and for the said Elizabeth his wife their executors and administrators Doth Covenant and agree to and with the said James Henry his heirs executors administrators and assigns by these presents that he the said John Clarke and Elizabeth his wife and their heirs and all persons claiming or to claim under him his or them or any of them shall and will from time to time and at all times hereafter at the reasonable request and at the proper costs and charges in the Law of the said James Henry his heirs and assigns make do and execute or cause or procure to do made done and executed all and every such further and other lawfull and reasonable act and acts thing and things Devices Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute Granting Assuring and Conveying the said piece or parcel of land and all other the premisses hereby bargained and sold with their and every of their rights members and appurtenances unto the said James Henry his heirs and assigns as by the said James Henry his heirs or assigns or his or their Council learned in the Law shall be reasonably advised devised or required and further that they the said John Clarke and Elizabeth his wife and their heirs the said piece or parcel of land and all other the premisses hereby granted and conveyed or meant mentioned or intended to be with their and every of their rights members and appurtenances unto the said James Henry his heirs and assigns against themselves the said John Clarke and Elizabeth his wife and their heirs and against all manner of persons whatsoever shall and will well and truly warrant and for ever defend by these presents In witness whereof the said John Clarke and Elizabeth his wife have to these presents set their hands and affixed their seals the day and year above written
John @ Clarke Elizabeth X @ Clarke
The mark of
Sealed and Delivered in the presence of To Munbee Witness T Mcunbee
Received the day and year within written of and from the within named James Henry the sum of Two hundred pounds current money of Jamaica being the full consideration mentioned to be paid
John Clarke
Memorandum this twelfth day of September 1774 personally appeared before me the within named John Clarke and Elizabeth his wife and acknowledged that they signed sealed and as their joint and separate act and deed delivered the within Instrument of Writing for the use and purposes therein mentioned and the said Elizabeth being by me separately and apart privately from her said husband examined declared that she executed the same of her own free voluntary will and consent and without any threats or other means whatsoever used by her said husband to compel her thereto.
T Munbee
ISLAND RECORD OFFICE:
Date of entry of document: 26th September 1774
Date within document: 6th September 1774
Persons Mentioned, Places Mentioned
Elizabeth Clarke [widow], A Pimento Walk called Hopewell near Mango Bueno in Trelawney
Henry Graves [Gentleman]
Precis:-
In this Indenture Elizabeth Clarke leases Hopewell Pimento Walk in Trelawney [100 acres] and nineteen slaves [mentioned by name] to Henry Graves for seven years from 1st January 1775 at a rent of £350 per annum. A condition of the agreement is that Elizabeth Clarke will keep four acres and Henry Graves will build her a house upon it. The cost of the house and the rent of four acres to be deducted from the £350 per annum. The slaves are valued at £1225 and it is agreed that adjustment will be made at the end of the lease for any change in value.
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[In the margin] Clarke Elizabeth to Henry Graves Enrolled 26th September 1774
Jamaica SS
This Indenture made the sixth day of September in the Fourteenth year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King and of Jamaica Lord Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and seventy four Between Elizabeth Clarke of the Parish of Trelawney in the County of Cornwall in the Island of Jamaica widow of the one Part and Henry Graves of the same Parish in the same county and island Gentleman of the other Part witnesseth that the said Elizabeth Clark for and in Consideration of the yearly rents Covenants Clauses Conditions Provisoes Reservations Payments and Agreements hereinafter mentioned Reserved and Contained on the part and behalf of the said Henry Graves his Executors Administrators and Assigns to be paid done kept and performed Hath devised leased let and to farm letten and by these presents Doth devise lease lett and to farm lett unto the said Henry Graves his executors administrators and assigns All that piece or parcel of land or pimento walk Called or Known by the name of Hopewell Situate lying and being near a place called Mango Bueno in the parish of Trelawney aforesaid formerly the property of Henry Burnett deceased and now belonging to the said Elizabeth Clarke under deed of the said Henry Burnett containing one hundred acres more or less Butting and Bounding North on part of the Estate of John Hall deceased East on John Shaw Burnett and on land belonging to the Estate of Samuel Burnett deceased South for part of the said Samuel Burnett --. And on land in the possession of --. --.. Esquire West on the Estate of John Hall deceased or howsoever else the said Law shall butt and bound Also hath devised leased sell and to farm letten and by these presents Doth Devise Lease Sell and to farm lett unto the said Henry Graves his executors administrators and assigns all those nineteen negroes and other Slaves Male and Female Commenly called or Known by the names of Hercules Quaco Duki Cudjoe Cuffee Bacchus Tony Chu Fortune Quagus and Havanna of the male Fanny Quincy Flora Jubas Yabbas Mary Siza and Harriot of the Female To Have and to Hold the said piece or parcel of land or pimento walk called Hopewell and the nineteen Negroes and other slaves of both sexes hereinbefore named hereby devised or mentioned or intended so to be with all houses outhouses negroe houses Tenements Erections and buildings thereon or at any part thereof Erect or built and all Pimento Walks Plantain Walks Provision Grounds Trees Woods Underwoods Paths waters water courses Conveniences and Emoluments whatsoever to the piece or parcel of land or Pimento Walk or in any wise appertaining Together with the future issue offspring and increase of the said female slaves hereinbefore named unto the said Henry Graves his executors administrators and assigns from the first day of January which will be in the year of our Lord one thousand seven hundred and seventy five for and during the Term of Seven years from thence next arising and fully to be complete and ended the said Henry Graves his executors administrators or assigns yielding and paying or cause to be paid to the said Elizabeth Clarke for the time being or to the person or persons intitled by the said Elizabeth Clarke to receive the same during the Term hereby devised the yearly rent or sum of Three hundred and Fifty pounds current money of Jamaica on the first day of January in each and every year the first payment to begin and to be made on this first day of January in the year of our Lord One Thousand seven hundred and seventy six and that without any Deduction Defalcation or abatement whatsoever thereout to be made for or in respect of any repairs of Buildings or making new ones and other improvements that may be made or for or in respect of any Taxes rates duties charges or assessments whatsoever ordinary or Extraordinary already laid raised Taxed assessed or Imposed or hereafter to be laid raised Taxed assessed or imposed upon the said Demised premisses or any part thereof by any power or authority or upon any account whatsoever And the said Henry Graves for himself his executors administrators and assigns Doth hereby promise covenant and agree to and with the said Elizabeth Clarke that the said Elizabeth Clarke reserve to herself Four Acres of the said piece or parcel of land called Hopewell to be measured of from any part of the said one hundred acres that the said Elizabeth Clarke shall or may choose the said Henry Graves is to build a single house upon the said four acres of land and deliver the said House properly Tenantable on the day of in the year of our Lord One thousand seven hundred and seventy unto the said Elizabeth Clarke the said house to be built on the said four acres of land to be valued and deducted or subtracted out or from the yearly rents of the said piece or parcel of land called Hopewell and the said Henry Graves for himself his executors administrators and assigns Doth hereby promise covenant and agree to and with the said Elizabeth Clarke to say that he the said Henry Graves his executors administrators and assigns shall and will truly comply with every part in regard and respect to the four acres of land and house in manner and form aforesaid in these presents And further that he the said Henry Graves his executors administrators and assigns or some or one of them shall and will from time to time during the said Term hereby demised will and fully pay or cause to be paid unto the said Elizabeth Clarke for the time being or to the person or persons intitled by the said Elizabeth Clarke to receive the same the said yearly rent or sum of Three hundred and fifty pounds current money of Jamaica hereby reserved on the several days and times and in manner and form aforesaid limited for payment thereof without any Deduction Defalcation or abatement whatsoever as aforesaid except for the house as aforesaid to be built on the aforesaid four acres of Land as aforesaid And the said Henry Graves for himself his executors administrators and assigns Doth Covenant promise and agree to and with the said Elizabeth Clarke to say that he the said Henry Graves his executors administrators and assigns shall and will upon Failure of the rent or rents in case the said rent or rents should not be regularly paid at the time or times aforesaid reserves that he the said Henry Graves his executors administrators or assigns will surrender and deliver up to the said Elizabeth Clarke the said piece or parcel of land called Hopewell and the nineteen slaves as aforesaid upon a revaluation of the said nineteen slaves and the future issue offspring and increase of the said female slaves and the said Elizabeth Clarke for herself her executors administrators and assigns Doth covenant promise and agree to and with the said Henry Graves to say that upon the failure or neglect of the payment of the said Rents or Rents aforesaid and by the desire of the said Henry Graves that she the said Elizabeth Clarke will receive and take back with her possessions the said piece or parcel of land called Hopewell and the nineteen slaves as aforesaid with the increase as aforesaid at a revaluation of the said slaves and delivered up to the said Henry Graves his executors administrators or assigns such Bonds of the said Henry Graves which the said Henry Graves gives at the executing of these presents for the payment of the said yearly rents aforesaid as shall not be at that time due or grown due And the said Henry Graves for himself his executors administrators and assigns Doth Covenant promise and agree to and with the said Elizabeth Clarke that the said Divised premisses in the same order and condition as they shall be in at six months before the Expiration of the lease shall and will at the end and Determination of the presents devised peaceably and quietly yield surrender and deliver up the said piece or parcel of land called Hopewell with the said nineteen Slaves as aforesaid with the future issue offspring and increase of the said female slaves upon a revaluation of the said mentioned slaves and the future issue offspring and increase of the said female slaves aforesaid making good unto the said Elizabeth Clarke her heirs executors administrators or assigns the full sum of one thousand two hundred twenty five pounds --.. which is the present valuation of the nineteen slaves aforesaid or whatsoever part they shall be deficient in value of the present valuation as will be made known by the revaluation to the said Elizabeth Clarke her heirs executors administrators or assigns for the time being without any waste of the Pimentos or Provisions or Damage done to the buildings reserving unto the said Henry Graves his heirs executors administrators or assigns whatsoever benefit or advantage there shall or may arise by the revaluation of the said slaves to be settled by the said Elizabeth Clarke her heirs executors administrators or assigns or all of them and the said Elizabeth Clarke doth hereby Covenant promise and agree to and with the said Henry Graves his executors administrators and assigns that he the said Henry Graves his executors administrators and assigns paying the said yearly rents hereby reserved on the days and at the times herein limited for payment thereof and performing all and singular the Covenants Articles Clauses Conditions proving limitations and agreements hereinbefore mentioned limited reserved and Contained on the part and behalf of him the said Henry Graves his executors administrators and assigns to be paid done performed fulfilled and kept shall and lawfully may peaceably and quietly have hold use occupy possess and enjoy all the said piece or parcel of land or pimento walk hereby devised without the lett Suit Trouble Denial Eviction Ejection Molestation hindrance or interruption or to the said piece or parcel of land and slaves of from or by the said Elizabeth Clarke or any person or persons acting by from or under her the said Elizabeth Clarke In witness whereof the party to these presents hath hereunto set her hand and seal the day and year first above written
Elizabeth @ Clarke
Signed Sealed and Delivered in the presence of -
The word /Doth/ being first underlined between the seventh & eighth lines at the beginning of the eighth lines of the second sheet of the Indenture and the words Twenty five pounds currency being first intended between the twentieth and Twenty first lines of the last sheet of the Indenture. In the presence of John Woulfe, W B Fishes
Memorandum this tenth day of September in the year of our Lord one thousand seven hundred & seventy four personally appeared before me John Woulfe one of the subscribing witnesses to the within Indenture who by being duly sworn on the holy Evangelists of Almighty God declared that he did see the within named Elizabeth Clarke sign seal and deliver the within Indenture as her act and deed for the purposes within mentioned
Alexr Campbell
Original Jamaica Archives Ref: Liber 310 Folio 18
Dated 2nd April 1781
Entered 11th August 1781
Persons Mentioned, Places Mentioned
William Virgo the Elder (deceased), Water Valley in Trelawny 633 acres
William Virgo the younger [son], St. Jago de la Vega [Spanish Town]
James Virgo [son]
Montague Wisdom Virgo [son]
Mary Virgo [widow & executrix]
Robert Minto [purchaser of the estate]
Neill Malcolm [Merchant & Planter]
Robert Pitcairn [tavern keeper]
Precis:-
This Indenture [conveyance] sells Water Valley Estate to Robert Minto. There are three parties to the transaction - The three sons constitute the first part, Mary Virgo representing the estate of her dead husband is the second part and Robert Minto the third part. However it is complicated by the fact that the parties plus a certain Neill Malcolm had been in a dispute recently decided in the Court of Chancery in the Island. This dispute had been between Robert Minto of the first part and all the others including Neill Malcolm of the second part. The document states that Neill Malcolm was ' formerly of--[hole in document.].. but now of Great Britain' and his name often appears in indentures of this period so I think he was probably a factor acting for the estate [see information below].
The original will of William Virgo senior [Liber 42 Folio 194] which must have caused the dispute is interesting in that after leaving various small amounts to daughters and grandchildren [including William Virgo Clarke the elder] it gives Water Valley Estate to the two brothers James and Montague Wisdom while only leaving an income of £300 per annum to his wife Mary. His son William Virgo the younger is not even mentioned. Another clause states that if any of his children should dispute the arrangements they are to be cut out of the will altogether. William Virgo's will was proved in 1775 and the Chancery Suit was completed in 1781.
The result of the Chancery Suit was as follows:
Firstly it seemed that Neill Malcolm had paid William Virgo the younger £6,429-15-00 and it was agreed that Robert Minto could stand in his stead for this and for the settlement of debts on the Estate amounting to £13,052-16-07 also paid by Neill Malcolm in 1777.
The conclusion of the Master in the Chancery Court was that Water Valley Estate be put up for public auction and that at this auction if Robert Minto were to bid the sum of £24,021 the Master would declare him the purchaser and that all other parties would enter into an agreement to give proper title to Water Valley to Robert Minto with all debts paid.
It seems that on Friday 16th February 1781 between 9am and midday at the house of Robert Pitcairn, tavern keeper, in St Jago de la Vega [now Spanish Town] a 'Public Outcry' was held and Water Valley sold to Robert Minto 'he being the highest and best bidder'.
This indenture takes note of all the above and conveys the title in Water Valley to Robert Minto in consideration of his paying:-
£984-02 06 to the Defendants [this includes interest due from May to the date of completion]
Less £343-07-06 Complainants costs. [paid to the solicitors]
Less £59-15-00 Defendants costs. [paid to the solicitors]
Robert Minto therefore paid the three sons and their Mother Mary Virgo the sum of £581 and got Water Valley in return.
Neil Malcolm (1738-1802) was a prominent Merchant and Planter in Jamaica. He was a Merchant in Lucea, Hanover, and owned Knockalva Estate and several other sugar plantations in
Hanover. In 1765 he married Mary Brissett, the daughter of John Brissett of Hampshire Estate, Hanover, by his wife, Mary Haughton. In 1785 he succeeded his cousin, Dugald Malcolm, as 11th Laird of Poltalloch in Argyllshire, Scotland. He left Jamaica shortly after and returned to Scotland to take up residence at Poltalloch House in Argyllshire. In 1792 he purchased nearby Duntrune Castle, still owned and occupied by his descendants. He would probably have been styled "of Knockalva in Hanover, Jamaica". The plantation was named after Knockalva in Argyllshire, Scotland, an ancestral estate of the Malcolm family. [information on Neil Malcolm supplied by B Ashmeade-Hawkins]
Reading between the lines I would suggest that Neill Malcolm was probably handling both supplies to the plantation from England and the export of the sugar and ending up being owed a large sum of money by the estate either because of bad luck [weather etc] or bad management or a combination of both. Robert Minto must have bought him out at some point with a view to gaining control of the estate. In addition to all this there must have been tensions within the family. Why did his wife only inherit £300 per annum? Why was his son William left out altogether but managed to get £6000 from Neil Malcolm? According to Ray Fremmer in an article in the Gleaner "In 1778 Jarvis Gallimore started the trouble [referring to a court case] by borrowing £6,000 from his neighbour, William Virgo, using his plantation, Greenfield, as collateral. Virgo's plantation, Water Valley, was only two miles from Greenfield. By 1791, 13 years after he borrowed the £6,000, Jarvis Gallimore had only repaid half of it., and he negotiated the transaction , agreeing instead to pay William Virgo £300 per year for the rest of his life." This is interesting, reading again between the lines why did William. Virgo manage to get £6,000 of what he presumably thought was his inheritance in order to lend it to his friend?
In October 1781 Mary Virgo signed a document [LOS 326 Folio 99] in which she relinquishes all claims of any sort on James and Montague Wisdom over her late husband's estate. The Cornwall Chronicle newspaper records her death in 1787 as " an old and respectable inhabitant".
This is on one very large sheet of paper, folded to about A5 size and cut with a jagged edge. On the front of the folded document it says:
Virgo Dated 2nd April 1781
To Conveyance
Minto Entered 11th August 1781
On the back it says:
Enrolled in the office of the Island
11th August 1781 Liber 310 Folio 18
Entrd
[illegible signature]
[In the margin] I do hereby approve of this Deed re J-- to be Executed by the parties thereto Given under my hand this 2nd day of August 1781
Samuel Fawcett MSS
[The main text]
Jamaica SS
This Indenture made the second day of April in the twenty first year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain and Ireland King and of Jamaica Lord Defender of the Faith and in the year of our Lord one thousand seven hundred and eighty one Between James Virgo and Montagu Wisdom Virgo of the Parish of Trelawney in the County of Cornwall and Island aforesaid Esquires two of the sons and Devisees under the last Will and Testament of William Virgo the Elder late of the said Parish of Trelawney in the county of Cornwall in the said Island Esquire deceased and William Virgo the younger of the same parish Esquire one other son of the said William Virgo the Elder deceased of the first part Mary Virgo of the parish of Trelawney in the county and Island aforesaid Widow only acting Executrix of the last Will and Testament of the said William Virgo the Elder deceased of the second part and Robert Minto of the parish of Trelawney in the county and Island aforesaid Esquire of the third part Whereas a certain Suit was lately instituted in the high court of Chancery of this Island where the said Robert Minto was the Complainant and the said Mary Virgo James Virgo Montague Wisdom Virgo William Virgo the younger and Neill Malcolm late of the --.[hole in paper] --. but now of the Kingdom of Great Britain were the defendants And Whereas after sundry proceedings? [hole in paper] having been had in the said Cause the same on or about the third------[hole in paper] January one thousand seven hundred and Eighty one came on to be heard upon the Masters Report for a Final Decree upon reading whereof and on hearing what could be alleged by Counsel on both sides His Excellency the Chancellor was pleased to Declare it as his Opinion that the said Complainant ought to Stand in the place and stead of the said Neill Malcolm in the pleadings mentioned for so much of the sum of Six thousand pounds in the pleadings --. mentioned as the Complainant had paid to the Defendant William Virgo the younger and it appearing to His Excellency the Chancellor from the said Report that the said Complainant had fully paid and Satisfied to the said William Virgo the younger the whole of the said sum of Six thousand and four hundred and twenty nine pounds fifteen shillings for the interest due thereon and had also paid the sum of thirteen thousand and fifty two pounds sixteen shillings and seven pence in Virtue of the Agreement of the seventh of July one thousand seven hundred and seventy seven in the pleadings mentioned in Discharge of the Debts and Legacies of the Testator William Virgo the Elder in the pleadings mentioned His Excellency the Chancellor was pleased to Order Adjudge and Decree as it was thereby adjudged and Decreed that the plantation sugar work called Water Valley and the Land and Premises thereunto belonging with their and every of their Appurtenances saving and always reserving the negroe and other Slaves upon and belonging to the said Plantation should be set up to public sale by and before Samuel Howell Esquire one of the Masters of this Honourable Court and that upon the said Complainant bidding at such public sale the sum of twenty thousand four hundred and twenty one pounds as a Consideration of the purchase and sale of the said Plantation or sugar work and Premises the said Master should report him the purchaser thereof And that the said several Defendants and all other parties interested should join in and Execute a good and sufficient Title to the said Robert Minto of the said Premises to be approved of by the said Master and that the said Complainant should on the Execution of Title pay over into the hands of the Defendants the Representatives of the said William Virgo deceased in the pleadings named the sum of nine hundred and thirty five pounds Eight shillings and five pence with Interest thereon from the nineteenth day of May last being the sum reported to be there remaining in the hands of the said Complainant un appropriated of the said purchase money or sum of twenty thousand four hundred and twenty one pounds the said Complainant first retaining and paying thereof the Complainants and Defendants Costs of the said Suit to be taxed by the said Master and that the said Master should make his Report of the said Sale to the said Court And Whereas afterwards to wit on Friday the sixteenth day of February in this present year of our Lord one thousand seven hundred and Eighty one the said Master did in pursuance of the said Decree at the House of Robert Pitcairn Tavern keeper in the town of St Jago de la Vega between the hours of nine and twelve of the clock in the forenoon of the same day set up to Sale at public Outcry all and every the said plantation or sugar work called Water Valley and the Lands and Premises thereunto belonging in the said Masters report of the said sale and herein after particularly mentioned and sold the same unto the said Robert Minto he being the highest and best bidder at the said sum of twenty thousand four hundred and twenty one pounds current money of Jamaica And Whereas the said Master on the seventeenth day of February in the said year of our Lord one thousand seven hundred and Eighty one made his Report of the said Sale to the said Court and which Report hath by Order of the said Court been since confirmed absolute as in and by the said Decree Reports Orders and other Proceedings had in the
[Continues on the back of the sheet]
Said Cause and the Inrollment thereof of all Records in the Office of the Register of the said Court relation being thereunto had will more fully and at large appear And Whereas the said sum of Nine hundred and thirty five pounds eight shillings and five pence so as aforesaid directed in and by the said recited Decree to be paid by the said Complainant to the said Defendant the Representatives of the said William Virgo the Elder on the Execution of the Title in the said Decree mentioned is still due and owing to the said Defendants and which with Interest thereon from the nineteenth day of May now last past up to the day of the date of these Presents makes the sum of nine hundred and Eighty four pounds two shillings and six pence sum of money of Jamaica And Whereas the said Master hath taxed the Complainants Costs of the said Suit at the sum of three hundred and forty three pounds Seven shillings and sixpence and the Defendants Costs of the said Suit at the at the sum of fifty nine pounds fifteen shillings making together the sum of four hundred and three pounds two shillings and sixpence current money of Jamaica which said last mentioned Sums the said Complainant hath in pursuance of the said Decree paid into the hands of the Sollicitors concerned for the said Complainant and the said several Defendants in the Conduct and manner of the said Cause And Whereas the said Robert Minto hath this day paid over into the hands of the said Defendants the Representatives of the said William Virgo the Elder the sum of Five hundred and Eighty one pounds current money of Jamaica being the money remaining and Decreed to be paid to them after deducting the Complainants and Defendants costs of the said Suit Taxed in manner aforesaid
Now this Indenture Witnesseth that the said James Virgo Montague Wisdom Virgo William Virgo the younger and Mary Virgo in Obedience to the said recited Decree and in Consideration of the sum of Twenty thousand four hundred and Seventy one pounds current money of Jamaica to them or one of them in hand well and truly paid by the said Robert Minto at or before the sealing and Delivery of these Presents the Receipt whereof they do hereby respectively acknowledge and thereof -- therefrom and of and from every part thereof do and each and every of them doth acquit release Exonerate and discharge the said Robert Minto his Heirs Executors Administrators and Assigns and every one of them for ever by these Presents They the said James Virgo Montague Wisdom Virgo William Virgo the younger and Mary Virgo Have and each and every one of them Hath granted bargained sold aliened released enfoeffed conveyed and confirmed and by these Presents Do and each and every of them Doth grant Bargain sell alien release enfeoff convey and confirm unto the said Robert Minto his Heirs and Assigns All that the said plantation or sugar work in the pleadings in the said Cause mentioned situate lying and being in the parish of Trelawney in the County of Cornwall in the Island aforesaid commonly called and known by the name Water Valley containing by Estimation six hundred and thirty three acres by the same more of less and now or late butting and bounding East on Thomas Bayly North on the Estate of Thomas Gallimore deceased and James Morris West on William Sams and South on Samuel West or howsoever otherwise the same is or may be better bounded known or described And all Houses Outhouses Edificies Erections and Buildings Mills Millhouses Boilinghouses Curinghouses Still Houses Trash Houses Storehouses and all other Erections and Buildings upon the said plantation or sugar work and Lands or any part thereon erected and built And also all those twenty six Mules twelve Steers and one Cow upon and belonging to the said plantation and all Wains Carts Waggons Chains Worms tubs Coppers Sadles Skinners Receivers Coolers Mills still heads Pots Pans plantation Utensils and instruments of planting upon and belonging to the said plantation and all Ways Paths Passages Streams Waters Water courses Fishings Fishing places Hedges Fences Ditches Trees Timber Trees Woods Underwoods Easements Rights Profits Priviledges Commodities Advantages Hereditments Emoluments and Appurtences to the said plantation or sugar work and premises belonging or in any wise appertaining or therewith or with any part thereof at any time heretofore usually had held Occupied possessed enjoyed or accepted reputed deemed taken or known as part parcel or member hereof or of any part thereof And all the Estate Right Title Interest Trust use Property possession Inheritance Benefit Power Equity of Redemption Claim and Demand whatsoever either in Lieu or Equity or otherwise howsoever of them the said James Virgo Montague Wisdom Virgo William Virgo the younger and Mary Virgo or of any or either of them of into or out of the said plantation or sugar work and Premises and of every part parcel and member thereof And all Deeds Writings Evidences Escripts or Muniments touching relating or belonging to or in any wise concerning the same or any part thereof To have and to hold the said plantation or sugar work called Water Valley and the land hereunto belonging and every part and parcel thereof with their and every of their Rights Members and Appurtenances and the said Mules Cattle and Stock and all and singular other the Heriditaments and Premises hereby granted and Conveyed or meant mentioned or intended so to be with their and every of their Appurtenances unto the said Robert Minto his Heirs and Assigns To and for the only proper use and behoof of the said Robert Minto his Heirs and
[New sheet of paper attached to the previous by the seals of the Virgos via a piece of tape which passes through the sheets of paper and is sealed by the seal]
Assigns for ever and to and for no other use Trust intent or purpose whatsoever In Witness whereof the said James Virgo Montague Wisdom Virgo William Virgo the younger and Mary Virgo have hereunto severally and respectively set their hands and seals the day and year first above written
James [Seal] Virgo Montague Wisdom [Seal] Virgo Wm [Seal] Virgo Mary [Seal] Virgo
[These are original seals and signatures]
On the back of the document below the jagged edge are the following three entries:-
Sealed Signed and Delivered
In the presence of
David Meredith [original signature]
Received the day and year first within written of and from the within named Robert Minto the sum of Twenty thousand four hundred and twenty one pounds current money of Jamaica aforesaid / £20,421 " "
being the consideration within mentioned to be paid to us /
Witness David Meredith James Virgo
Montague Wisdom Virgo
Wm Virgo
Mary Virgo
[original signatures]
Memorandum this 23rd day of June 1781 appeared before me David Meredith the subscribing Witness to the within Indenture or Instrument of Writing and made Oath that he was present and did see the within names James Virgo Montague Wisdom Virgo William Virgo the younger and Mary Virgo Seal sign and as their several and respective Acts Deeds deliver the same
JW Stogdon [original signature]
Transcribed by Tim Clarke.
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