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23-652: Theodorick Bland of Westover , Walter Aston , and William Byrd I are buried near the original site of the Westover Church. The tomb of Benjamin Harrison IV has also been reported to be on the grounds. Between 1611 and 1613, as the colonists moved west from Jamestown, several small parishes were formed, Weyanoke, Wallingford, and Wilmington, among others. These parishes later merged and became Westover Parish in 1625 [1] . In 1724 Westover Parish became and remains coterminous with Charles City County . The predecessor of

46-456: A federal judge and congressman. Born in London , the ninth son of prominent merchant John Bland (1573-1632) and his wife Susan. Although his father died when he was a boy, his eldest brother John Bland (d.1680) succeeded their father as head of the family's mercantile firm. His birth family included sixteen children. Bland received a private education appropriate to his class. His father had been

69-522: A house lot in the colonial capital at Jamestown. Lawne's Creek and Chippoakes plantations are in Surry County, as probably was Sunken Marsh. Basse's Choice plantation is in Isle of Wight County. Charles City County voters first elected Bland as one of their representatives in the 1660 House of Burgesses session, and fellow members elected him as their Speaker . Thus Bland presided over the legislature during

92-835: A member of the Virginia Company of London and Bland joined his family's business, becoming its agent in Spain and the Canary Islands while in his early twenties. He moved to the Virginia colony in 1653, to replace his brother Edward , who had been the enterprise's Virginia factor, but died in 1652. Bland initially lived on the Berkeley Hundred (until 1665 as discussed below) and traded in Charles City County . Upon this man's death, as discussed below, his nephew Giles Bland emigrated to

115-616: A mixture of indentured and enslaved labor, he operated that plantation until 1688. In that year, the brothers sold their 1,200 acres to William Byrd I for £300 and 10,000 pounds of tobacco and casks. A successor Westover Church (built 1730) is on the National Register of Historic Places , although rebuilt outside the Westover plantation grounds. Bland remains buried in the graveyard near Walter Aston and Captain William Perry. Some of

138-653: A period of decline. Westover Church was finally abandoned in 1803, and later even used as a barn for a period, during the three decades that services of the Protestant Episcopal Church of Virginia lapsed completely in Charles City County. However, in about 1833 religious services were revived by a missionary to the county, the Reverend Parke Farley Berkeley . At this time the Church structure

161-583: The Bland family's papers are held by the Swem Library of the College of William and Mary . A selection of papers from his son Richard has been published. Lease and release A lease and release is a form of conveyance of real property involving the lease of land by its owner to a tenant, followed by a release (relinquishment) of the landlord's interest in the property to the tenant. This sequence of transactions

184-797: The Maryland legislature. Virginia Governor Effingham used Sarah Bland's litigation to limit the judicial powers of the Virginia Governor's Counsil. Ann Bennett Bland Codd died at Wharton's Creek in Maryland in November, 1687. The "Bland family" became one of the First Families of Virginia , and his son and grandson of the same name would also sit in the Virginia General Assembly. Pursuant to primogeniture , his eldest son, Theodorick , inherited Westover plantation. With his brother, Richard and

207-452: The Statute made for transferring Uses into possession". This, without any enrolment, makes the bargainor stand seised to the use of the bargainee, and vests in the bargainee the use of the term. Then, the Statute of Uses operates to execute the use and annexe the possession. Being thus in possession, the bargainee or lessee is capable of receiving a release of the freehold and reversion , made to

230-517: The Virginia colony to handle the family's Virginia estates and business, but was executed in 1677 for his part in Bacon's Rebellion . Meanwhile, in 1662, the Virginia General Assembly passed an export tax of 2 shillings per hogshead of tobacco, and Bland became its first collector. In 1665, Englisman Sir John Pawlett, by deeds of lease and release , sold 1,200 acres known as Westover Plantation in Charles City County to Bland for £170, and Bland soon gave

253-465: The assembly's name. During the next legislative session, Bland was not re-elected speaker and represented newly formed Henrico County . In 1664, Bland accepted promotion to the legislature's upper body, the Governor's Council and resigned in 1671, shortly before his death. He also served as a justice of the peace for Charles City County through at least 1664, the justices of that day jointly administering

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276-410: The bargainee in possession ; and, accordingly, the next day a "release" is granted to him by the bargainor. As the lessee now owned both the current and future interests in the land, the lease and release amounted to a conveyance and was held to be equivalent to a feoffment. The original lease and release was devised by Sergeant Moore for the benefit of Lord Norris, "to avoid the unpleasant notoriety of

299-755: The county and fellow parishioners a church and ten acres of land. Herring Creek and Kimeges plantations also were in Charles City County, and marked by historical markers; Jordan's plantation was in King George County after Charles City County was divided in this man's lifetime. Bland later invested in real estate further upstream on the James, York and Blackwater rivers in the Tidewater region. Bland's will named his plantations as Bartletts, Kimeges, Herring Creek Mill, Jordans, Westeffer [sic], Upper Chipppoakes, Sunken Marsh, Basse's Choice, Lawne's Creek, and Bland also owned

322-510: The county in addition to their adjudicative duties. Bland married Anna Bennett, the daughter of Governor Richard Bennett and his heiress wife Ann Utie (daughter of the late burgess John Utie ). They had three sons: Other Bland descendants include Roger Atkinson Pryor . Bland died at his Westover plantation in 1671 or 1672 and was buried in the chancel of the original Westover Church (which he had built). However, his financial affairs were not in order at his death, in part because of

345-459: The enactment of the Statute of Uses . It was a way of avoiding the Statute of Enrolments which required enrolment of a bargain and sale. A lease , in fact being a bargain and sale upon some pecuniary consideration for one year or some other nominal term, is made by the bargainor of a whole freehold (with no fetter on alienation ) to a lessee who is in fact the bargainee (buyer) , "by the force of

368-588: The existing Westover Church was constructed between 1630 and 1637 on the grounds at Westover . The present sanctuary was completed circa 1730 at its present site on Herring Creek about 1 ½ miles north of the Westover mansion. The ending of support by public taxation for the Church at the start of the American Revolution in 1776, followed by the disestablishment of the Church of England in America in 1784 resulted in

391-479: The transatlantic nature of the family's business, unresolved debts and his failure to distinguish his own property from that of the company which his brother headed in England. His widow, Ann, contacted his brother John and asked him to help settle the financial affairs. Instead, John Bland sent his son, Giles Bland, who proved sharp-tongued (antagonizing his aunt, Governor Berkeley and many others) and politically inept and

414-524: The transition from the Cromwell Protectorate to the restored government of Charles II , with Governor Berkeley after extensive negotiations accepting the legislature's offer to serve as interim governor until resolution of the English succession, and further agreeing to call the assembly into session at least every two years and not dissolve it without the house's consent, as well as to issue all writs in

437-559: The widower St. Ledger Codd , a lawyer and military officer responsible for constructing defenses of the Potomac River area and who had a plantation near the border of Lancaster and Northumberland counties. Codd would briefly represent both counties in the House of Burgesses, but would flee to Maryland with his wife and family because of financial difficulties in Virginia (some probably related to this litigation), but later sat in both houses of

460-536: Was a planter, merchant and politician in colonial Virginia who served as Speaker of the House of Burgesses, as well as in both houses of the Virginia General Assembly . The founder of the Bland family of Virginia, his son and grandson of the same name also served in the Virginia General Assembly before the American Revolutionary War, and later descendants sharing the same name would become

483-507: Was commonly used to transfer full freehold title to real estate under real property law . The lease and release was a mode of conveyance of freehold estates formerly common in England and in New York . Between its parties it achieves the same outcome as a deed of grant/transfer/conveyance. The lease and release is said by Blackstone to have been invented by Serjeant Moore , soon after

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506-923: Was repaired and restored, principally through the efforts of the Harrison family of nearby Berkley Plantation and the Carters of Shirley Plantation a few miles west. During the American Civil War the church was badly damaged by Federal troops, who used the church as a stable for their horses. Following the war, services were restored in 1867 and Westover Church has been used faithfully ever since. Worshipers at Westover have included farmers, plantation owners, slaves, as well as US Presidents George Washington , Thomas Jefferson , William Henry Harrison , John Tyler , and Theodore Roosevelt . Theodorick Bland of Westover Theodorick Bland (January 16, 1629 – April 23, 1671), also known as Theodorick Bland of Westover ,

529-489: Was ultimately executed following his participation in Bacon's Rebellion. After John Bland died in 1680, his widow Sarah Bland then sailed to the Virginia colony to obtain redress. This man's widow Ann, had powerful political connections, both through her father (a member of the Virginia Governor's Council, which was also the appellate body of the state legislature), as well as through her Utie half brothers. Furthermore, she had married

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