Hamincrsley in this capacity became the adminis- 

 trator ol' Brent's affairs, and accordingly it was agreed 

 that 13,000 pounds of tobacco should be paid to him 

 in exchange for the 50 acres of town land owned by 

 Brent.'" 



Actually, 52 acres were surveyed, "two of the said 

 acres being the Land belonging to and laid out for 

 the Court House according to a former Act of As- 

 sembly and the other fifty acres pursuant to the late 

 Act for Ports." The "former Act of Assembly" 

 which had been pas.scd in 1667 had stipulated the 

 allotment of two-acre tracts for churches and court- 

 houses, which in case the lots "be deserted y'' land 

 shall revert to y" 1st proprietor . . . ." " For the 

 extra two acres Hammersley was given 800 pounds of 

 tobacco in addition. Of the total of 13,800 pounds, 

 3450 were set aside to compensate Malachi Pcalc for 

 the loss of his leasehold. 



The order for the survey to be made was a formality, 

 since the plat had actually been drawn ahead of 

 time by Biickner on .-Vugust 16, nearly two months 

 before; clearly the Staffordians were eager to begin 

 their town. Buckner's plat was copied by his superior, 

 Theodorick Bland, and entered in the now-missing 

 Stafford Survey Book. John Savage, a later sur- 

 veyor, in 1 731 provided John Mercer with a duplicate 

 of Bland's copy, which has survived in John Meiccr's 

 Land Book (fig. 2).'^ 



On February 11, 1692, the feoffees granted 27 lots 

 to 15 applicants. John Mercer's later review of tlic 

 town's history in this period states that "many" of the 

 lots were "built on and improved." '•' Two ordinaries 

 were licensed, one in 1691 and one in 1693, but no 

 business activity other than the Potomac Creek ferry 

 seems to have been conducted." Any future the 

 town might have had was erased by the same adverse 

 reactions that had killed the previous port acts. The 

 merchants and shippers used their negative influence 

 and on March 22, 1693, a "bill for suspension of 

 y'^ act for Ports &c till their Maj" pleasure shall be 

 known therein or till y" next assembly" passed the 

 house. In due course the act was reviewed and re- 

 turned unsigned for further consideration. William 



I" Stafford County Order Book, 1689-1694 (MS bound with 

 order book for 1664-1688, but paginated separately), pp. 17"), 

 177, 180, 189. 



II "Mills," F//.V/ (Richmond, 1903), vol. 10, pp. 147-148. 



"John Mercer's Land Book (MS., Virginia State Library). 



" J//B, 1742-1747; 1748-1749 (Richmond, 1909). pp. 285- 



•im. 



" Stafford County Order Book, 1689-1694, pp. 184, Vjl. 



Fitzhugh, on October 17, 1693, dutifully read the 

 reconmiendation of the Committee of Grievances and 

 Properties "That the appointment of Ports & in- 

 joyneing the Landing and Shipping of all goods 

 imported or to be exported at & from the same will 

 (considering the present circumstances of the Country) 

 be very injurious & burthensome to the Lihabitants 

 thereof and traders thereunto." ''' Doubtless dictated 

 Ijy the Board of Trade in London, the recommendation 

 was a defeat for those who, like Fitzhugh. sought by 

 tiie establishment of towns to break tobacco's strangle- 

 liold on \'irginia. 



THE ACT FOR PORTS OF 1705 



AND THE NAMING OF MARLBOROUGH 



Nevertheless, the town idea was hard to kill. 

 In 1705 Stafford's port town, along wath those in 

 the other counties, was given a new lease on life 

 when still another Act for Ports, introduced by 

 Robert Be\erley, was passed. This Act repeated 

 in substance the provisions of its immediate fore- 

 runner, but provided in addition extravagant in- 

 ducements to settlement. Those who inhabited 

 the towns were exempted from three-quarters of the 

 customs duties paid by others; they were freed of 

 poll taxes for 15 years; they were relieved from military 

 mustering outside the towns and from marching 

 outside, excepting the "exigency" of war (and then 

 only for a distance of no more than 50 miles). Goods 

 and "dead provision" were not to be sold outside 

 within a 5-mile radius, and ordinaries (other than 

 those within the towns) were not permitted closer 

 than 10 miles to the towns" boundaries, except at 

 courthouses and ferry landings. Each town was to 

 be a free "burgh," and, when it had grown to 30 

 families "besides ordinary keepers," "eight principal 

 inhabitants" were to be chosen by vote of the "free- 

 holders and inhabitants of the town of twent\-one 

 years of age and upwards, not being servants or 

 apprentices," to be called "benchers of the guild- 

 hall." These eight "benchers" would govern the 

 town for life or until removal, selecting a "director" 

 from among themselves. When 60 families had 

 settled, "brethren assistants of the guild hall"' were 

 to be elected similarly to serve as a common council. 

 Each town was to have two market da\s a week and 

 an annual five-day fair. The towns listed under 

 the Act were virtually the same as before, but this 



" Hening, op. oil. (footnole 1), vol. 3, \>p. 108-109 



