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May
04

Winchester VA established

By
When:
April 20, 2017 all-day
2017-04-20T00:00:00-04:00
2017-04-21T00:00:00-04:00
Where:
20 N Loudoun St
Winchester, VA 22601
USA

Compiled, written by Jim Moyer 5/4/2017, 5/5/17, 5/7/17, 5/9/2017

Winchester VA is Established

April 20, 1752

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As of this writing 5/7/2017 Apple Blossom festival is wrapping up, Scroll down to the section on “Fairs?”

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Photo by Jim Moyer. Click on Photo to enlarge.

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Visitors will see Founded 1744 on the Welcome sign at Route E. 50 Millwood Ave.

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Then, at the center of the town they see Established 1752 at Old Town Mall on Loudoun Street intersecting on the South end at Cork St or on the North end at Piccadilly Street.

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Click on Photo to enlarge.

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Frederick County was created out of Orange County in 1738 but by 1744  there was enough development to have their own courthouse, which after a short time on James Wood’s Glen Burnie, moved very close to where the 1840 Courthouse now stands.

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Source of photo: http://oldtownwinchesterva.com/

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CHRONOLOGY OF “FOUNDING”  AND “ESTABLISHED”  DATES


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Garland Quarles detailed a good chronology of Winchester’s origins in 1952, “Streets of Winchester,” later re-published by the Winchester Frederick County Historical Society in a 1996 book, titled, “Winchester Virginia, Streets, Churches, Schools,”  pages 39-45. Orange is Quarles’ actual text.

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1735

James Wood  states he secured a grant  of 1300 acres in 1735 on the branches of Opequon Creek from the Governor and Council of VA.  – p 39.

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March 9, 1744

Quarles quotes James Wood: “laid off from the tract of land on which he now dwells at Opeckon.”  This “tract of land” comprises 26 lots. Twenty-four of the 26 numbered lots were conveyed to the Justices of the County with the understanding that “they or their assignes, shall within two years of the day of the sale of the said lots, build or cause to be built on each lot one house either framed work or squared logs, dovetailed, at least of the dimension 20 ft. by 16 ft.”  The other four unnumbered lots were reserved for public purposes, and on them were ultimately built the courthouse, the jail, the market house and the chapel of the established Church.”  p 39-41.

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The two streets in the map Loudoun, and Boscawen were not named until 1758, according to Quarles. p 41.

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February or April 20, 1752?

So what month and date was Winchester VA “established” ?

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Quarles states February, but as you will see it is because the law was printed as February because that month was the start of that session of the House of Burgesses. See further below on the 3 readings of the bill that didn’t become law until April 20.  p 42.

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See this link to confirm Februrary 27 was the start of the session of the House of Burgesses and scrolling thru March you will see 3 readings of the bill which then gets approved by the Governor and Council on April 20, 1752.    And scroll to bottom of page 268 for the law you will see this link shows February because it is the session that started in February.

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ABOUT THE MAP SUBMITTED TO THE HOUSE OF BURGESSES 1752

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Even though James Wood received a tract granted by the Governor and Council of VA, he knew Lord Fairfax was going to win in court and so he settlled quickly with Lord Fairfax and together in 1752 they presented this map to the House of Burgesses. From Quarles p 42-43. CLICK ON IMAGE TO ENLARGE

By the time of this map, overlapping ownership claims were resolved between James Wood  who received a grant from the Governor and Council of VA, and  Lord Fairfax who had his grant from the King by inheritance.

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Joist Hite, however, didn’t want to surrender his claim nor pay Lord Fairfax any quit rent. Law suits on this went on and on until even after Lord Fairfax’s death in 1781, p.6.

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Here is a copy made of the 1752 map presented by both James Wood and Lord Fairfax to have the town of Winchester chartered by the House of Burgesses.  p 43.

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Side detour from discussion on dates:

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Lot 77 is bought by George Washington on 13 May 1753, where in 1756 he puts a blacksmith shop to forge the iron for Fort Loudoun nearby. p.44.

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By the way, many lots were sold on that date of 13 May 1753.  A big day for Clerk of Court James Wood.

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Lot 76 is where a prison sat on what is now the back parking lot of Wells Fargo.  Source: Frederick Morton,”The Story of Winchester in Virginia, The Oldest Town in the Shenandoah Valley”, first published 1925, reprinted by Heritage Books 2007, PAGE 82.

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Of this prison, GW writes Lt Gov Dinwiddie, “As your Honor was pleased to leave to my discretion, to punish or pardon the criminals, I have resolved on the latter; since I find example of so little weight, and since those poor unhappy criminals have undergone no small pain of body and mind, in a dark prison, closely ironed!3

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Lot 45 is our Captain George Mercer’s lot. He was GW’s aid de camp too.  p.44.

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One more complication on Dates, especially the Year


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1751 was the last year when the first day of the new year was regarded as March 25.

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CALENDAR CHANGE: JULIAN TO GREGORIAN

1752  was the first year the English empire officially used January 1 as the first of the new year instead of March 25th.  

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England finally passed a law to catch up with a calendar change first introduced by Pope Gregory XIII in 1582, which was already out of wack with seasonal holidays back then.

In September of this year 1752, eleven days were lost.

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FAIRS ?


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DAR (Daughters of the American Revolution) float passing in front of Kurtz building during 1925 Apple Blossom Festival parade. photograph contributed by Frances Unger. Published in More Images, p. 47b. CAPTION AND PHOTO FROM HANDLEY LIBRARY ARCHIVES. Click on photo to enlarge.

Ever since Saturday, May 3, 1924,  this town shuts down on the first Saturday of May and calls it Apple Blossom.

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Click on Source of Apple Blossom parade photo .

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But this town wasn’t established in 1752 without a little help.

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In the same law establishing this town, an economic boost with a fair, was decreed twice a year.

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From Hening’s Statutes Volume 6, CHAP. XXVI page 269

http://vagenweb.org/hening/vol06-13.htm#top

 

III. And whereas allowing fairs to be kept, in the said town of Winchester, will be of great benefit to the inhabitants of the said parts, and greatly increase the trade of that town, Be it further enacted, by the authority aforesaid, That for the future, two fairs shall and may be annually kept, and held, in the said town of Winchester, on the third Wednesday in June, and the third Wednesday in October, in every year, and to continue for the space of two days, for the sale and vending all manner of cattle, victuals, provisions, goods, wares, and merchandizes, whatsoever; on which fair days, and two days next before, and two days next after, the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempted, and privileged, from all arrests, attachments, and executions, whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, or quarrels, that may arise and happen during the said time, in which case process may be immediately issued, and proceedings thereupon had, in the same
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Page 270
manner as if this act had never been made, any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

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Did you catch the “exempt from arrests” line?

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From Hening’s Statutes Volume 6, CHAP. XXVI page 269

http://vagenweb.org/hening/vol06-13.htm#top

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James Wood did the homework


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And the law gave him credit for it.

WHEREAS it hath been represented to this General Assembly, that James Wood, gentleman, did survey and lay out a parcel of land, at the court house in Frederick county, in twenty six lots of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons, who have since settled and built, and continue building and settling thereon

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Source:

From Hening’s Statutes Volume 6, CHAP. XXVI bottom of page 268

http://vagenweb.org/hening/vol06-13.htm#top

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Our Guys in the House of Burgesses


 

1752-1755

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CLICK ON PHOTO TO ENLARGE

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George William Fairfax

He is named as introducing the bill for establishing Winchester as a town with its fairs therein to be read at the House of Burgesses.

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He married “Sally” Sarah Carey, the one George Washington adored. See his letters to her.

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Source of Photo –

https://www.geni.com/people/George-Fairfax/6000000004047263119

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Gabriel Jones

is the other Frederick County representative at the time of introducing the bill establishing the town of Winchester and its fairs therein.

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Every lawyer in the area knows this guy.  And you can see his picture in the Winchester Frederick County Court House on top left towards ceiling of first floor.

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Source stating the two representing Frederick Co VA:
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=13

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Chronology

of Passing the bill that established the Town of Winchester and its Fairs therein.


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Saturday March 14, 1752

Bill read for first time
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Mr Fairfax reported, That the Persons appointed, had, according to Order, prepared a Bill, For For establishing the Town of Winchester, and appointing Fairs therein, and delivered the ame in at the Table, where it was received, and read the first Time, and ordered to be read a second Time.

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Source:

Bottom of Page 34 (70 in internet link)
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=70

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Monday March 16th, 1752

Bill read a 2nd time.

A Bill For establishing the Town of Winchester, and appointing Fairs therein, was read a second Time. Resolved that the Bill be engrossed

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Source:

Top middle of p 38 (74 in internet link)

https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=74

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Thursday March 19, 1752

Bill read 3rd time.
An engrossed Bill, intituled, An Act for the establishing the Town of Winchester, and appointing Fairs therein, was read a third Time. Resolved that the Bill do pass. Ordered that Mr Fairfax do carry it to the Council for their Concurrence.

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Source:

Page 44 (80 in internet link)
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=80

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Friday March 20, 1752

Final presentation.
And also to to the Bill, intituled, An Act for the establishing the Town of Winchester, and appointing Fairs therein, without any Amendment.

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Source:

Page 46 (82 in internet link)
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=81

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Monday April 20, 1752

Presented to Council and Governor.
The Governor commands the immediate Attendance of this House in the Council-Chambers command that you bring with you such Bills as are ready for his Assent.
Mr Speaker, with the House, went up accordingly, and the Governor was pleased to give his Assent to the following Public and Private Bills.

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Scan down page for the 20th in the list.
20. For establishing the Town of Winchester, and appointing Fairs therein.

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Source:

Page 97 (133 in internet link)
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=134

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And thus the Assembly was porogued to the last Thursday of October next.

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Source:
https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=136
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THE COMPLETE LAW

ESTABLISHING
THE TOWN OF WINCHESTER

AND ITS FAIRS THEREIN


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From Hening’s Statutes Volume 6, CHAP. XXVI III page 268
FEBRUARY 1752

25th year of KingGeorge II.
Source: http://vagenweb.org/hening/vol06-13.htm
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Although Henings Statutes shows this date at top of each page, it is just that the session began that month:
LAWS OF VIRGINIA, FEBRUARY 1752−

25th (year of King) GEORGE II

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But the law establishing Winchester

was not passed until April 20, 1752.

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Source:

See the line on 20, then scroll upwards to see the date this bill from the House of Burgesses received approval from the upper council and  Lt Gov Robert Dinwiddie., who was acting Governor from November 21, 1751–January 1758.

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https://babel.hathitrust.org/cgi/pt?id=uva.x001603340;view=1up;seq=134

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READ THE LAW ESTABLISHING WINCHESTER VA AND ITS FAIRS

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Page 268 bottom
CHAP. XXVI.

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An Act for establishing the town of Winchester, and appointing Fairs therein.

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WHEREAS it hath been represented to this General Assembly, that James Wood, gentleman, did survey and lay out a parcel of land, at the court house in Frederick county, in twenty six lots of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons, who have since settled and built, and continue building and settling thereon; but because the same was not laid off, and erected into a town, by act of
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Page 269
Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges, enjoyed by the freeholders and inhabitants of other towns in this colony;

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II.

BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said parcel of land, lately claimed by the said James Wood, lying and being in the county of Frederick aforesaid, together with fifty four other lots of half an acre each, twenty four thereof to be laid off in one or two streets, on the east side of the former lots, the street or streets to run parallel with the street already laid off, and the remaining thirty lots, to be laid off at the north end of the aforesaid twenty six, with a commodious street or streets, in such manner as the proprietor thereof,

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Lord Fairfax. Thomas Fairfax, 6th Lord Fairfax of Cameron (October 22, 1693 – December 9, 1781) was a Scottish peer. He was the son of Thomas Fairfax, 5th Lord Fairfax of Cameron and of Catherine, daughter of Thomas Colepeper, 2nd Baron Colepeper. The only resident peer in late colonial America, Fairfax administered his vast Northern Neck Proprietary — a Virginia land grant dating back to 1649 — from his wilderness estate at Greenway Court, Virginia. CLICK ON PHOTO TO ENLARGE. Source of photo and caption is from wikipedia,

the right honourable Thomas Lord Fairfax, shall think fit, be, and is hereby constituted, appointed, erected, and established, a town, in the manner already laid out, and described to be laid out, to be called by and retain the name of Winchester, and that the freeholders of the said town, shall, for ever hereafter, enjoy the same privileges, which the freeholders of other towns, erected by act of Assembly, enjoy. .

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III.

And whereas allowing fairs to be kept, in the said town of Winchester, will be of great benefit to the inhabitants of the said parts, and greatly increase the trade of that town, Be it further enacted, by the authority aforesaid, That for the future, two fairs shall and may be annually kept, and held, in the said town of Winchester, on the third Wednesday in June, and the third Wednesday in October, in every year, and to continue for the space of two days, for the sale and vending all manner of cattle, victuals, provisions, goods, wares, and merchandizes, whatsoever; on which fair days, and two days next before, and two days next after, the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempted, and privileged, from all arrests, attachments, and executions, whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, or quarrels, that may arise and happen during the said time, in which case process may be immediately issued, and proceedings thereupon had, in the same
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Page 270
manner as if this act had never been made, any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

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IV.

Provided always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter, or infringe, the royal power and prerogative of his majesty, his heirs and successors, of granting to any person or persons, body politic and corporate, the privileges of holding fairs, or markets, in any such manner as he or they, by his or their royal letters patent, or by his or their instructions, to the governor, or commander in chief of this dominion, for the time being, shall think fit.

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From Hening’s Statutes Volume 6, CHAP. XXVI III page 268
FEBRUARY 1752

25th year of KingGeorge II.
Source: http://vagenweb.org/hening/vol06-13.htm

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LINKS

followup for later research

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James Wood’s Survey Book, Orange County Survey Book, 1735-1740,

Surveys, 1735 – ca. 1750—James Wood, Sr.

This small collection of miscellaneous surveys includes an index to the survey book of James Wood, Sr. The Clerk of the County Court in Winchester maintained the original survey book.  It has been called various titles, including James Wood’s Survey Book, Orange County Survey Book, 1735-1740, or just the plain title Survey Book. Occasionally the book is called the Bayliss Survey Book, because two surveys of the town of Winchester by John Bayliss are appended to Wood’s surveys.

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SOURCE:

http://www2.youseemore.com/handley/contentpages.asp?loc=723

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ORANGE COUNTY VA

https://archive.org/details/historyoforangec00scot

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Shenandoah Valley Pioneers and Their Descendants

A History of Frederick County, Virginia

(ILLUSTRATED)

From its Formation in 1738 to 1908

Compiled Mainly from Original Records of Old

Frederick County, now Hampshire, Berkeley,

Shenandoah, Jefferson, Hardy, Clarke,

Warren, Morgan and Frederick

T. K. Cartmell Clerk of the Old County Court

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http://files.usgwarchives.net/va/frederick/history/homesteads02.txt

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http://www.genealogical.com/newsletters/genealogy_pointers_11-2-10.pdf

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The February date on the law was explained up above.

The  March, 1743 date is probably March 1744 under the New Style calendar, also explained above.

“The original plat of the Town of Winchester and of the Commons, surveyed by  John Baylis December 10, 1752,” is of record in the Clerk’s office of the County Court of Frederick in Deed Book No. (2) 24, page 91.  … but that date of Dec 10, 1752 follows after the April 20, 1752 date of establish Winchester as a town.

https://www.winchesterva.gov/sites/default/files/documents/government/city_code/HISTORST.pdf

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Robert and William Walker and the “Ne Plus Ultra”: Scottish Design and Colonial Virginia Furniture, 1730–1775

http://www.chipstone.org/article.php/559/American-Furniture-2006/Robert-and-William-Walker-and-the-%E2%80%9CNe-Plus-Ultra%E2%80%9D:-Scottish-Design-and-Colonial-Virginia-Furniture,-1730%E2%80%931775

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Good list of resources on early Virginia

Adventurers of Purse and Person, Virginia, 1607-1624/25, Fourth Edition. In Three Volumes, by John Frederick Dorman Volume One, Families A-F

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