Bond and Contract For transport of felons to Virginia
15th April 1746

Transcribed from original document by David Carter 2022

[Spelling remains verbatim. All paragraphs and punctuation added by the transcriber]

= = = = = = = = = =

Convicts:
John Ellis
Mary Fulford
Anne Jeffery
Diana Palmer
Elizabeth Sellick

= = = = = = = = = =

Catalogue entry:

Devon Quarter Sessions
Transportation of Felons
1746 – Bond and Contract for transport of Elizabeth Sellick to Virginia.
Thomas Benson, Northam, Esq., to Clerk of the Peace and Justices.
Devon Heritage Centre Reference number: QS/129/40
https://devon-cat.swheritage.org.uk/records/QS/129/40

= = = = = = = = = =

Transcript:

Whereas At the Generall Quarter Session of the Peace of our Lord the King held in & for the County of Devon at the Castle of Exon the fifteenth day of January in the Eighteenth year of the Reign of our Sovereign Lord George the Second now King of Great Britain of and in the year of our Lord One Thousand Seven hundred & forty four Before Joseph Taylor Esq, William Poore, William Esq Richard Beavis Esq, John Penneck Esq, and others their Companions Justices of the Peace of and for the s[ai]d County &c.

Anne Jeffery was convicted of felony But instituted to the Benefit of Clergy and was ordered and Adjudged to be Transported to some of his Majestyes Colonies and Plantations in American for the Space of Seven years attending to an Act of Parliament made in the Fourth year of the Reign of his late Majesty King George (Intitled an Act for the further Preventing Robbery Burglary and other felonys and for the more Effectual Transportation of felons and unlawful Exportes of Wool and for declaring the Law upon some points relating to s[ai]d path.

AND WHEREAS The said Court in Pursuance of an Act of Parliament made in the sixth year of his said late Majestyes Reign Instituted an Act for the farther preventing Robbery Burglary and other Felonys and for the more Effectual Transportation of Felons) Did Nominate and Appoint Richard Beavis Esq, Caleb Inglett Esq, and John Penneck Esq, three of his Majesty's Justices of the Peace of and for the s[ai]d County or any two of them to Contract with any person or persons for the Performance of the Transportation of the said Felon and to Order and take Care that such Contractor or Contractors should give Sufficient Security to the Satisfaction of the said Justices to be taken by Bond in the Name of the Clerk of the Peace of the said County That he or they will Transport or Cause to be Transported the said Felon Conveyed to him or them by such Contract to One of his said Majestyes Colonies or Plantations in America according to the direction of the said Recited Act.

AND WHEREAS At the Generall Quarter Session of the Peace of our Lord the King held in and for the s[ai]d County at the Castle of Exon the Twenty third Day of April in the Eighteenth year of his present Majestyes Reign before Richard Beavis Esq, William Poore Williams Esq, Francis Drewe Esq and others their Companions Justices of the Peace of and for the said County Elizabeth Selleck was also Convicted of Felony but intitiled to the Benefit of Clergy and was Ordered and Adjudged to be Transported to some of his said Majestyes Colonies and Plantations in America for the like Term of Seven Years according to the s[ai]d Act of Parliament made in the fourth year of his said late Majestyes Reign.

AND WHEREAS The s[ai]d Court of Sessions in the pursuance of the s[ai]d Act of Parliament made in the Sixth year of his s[ai]d Majestyes Reign did Nominate and Appoint the said Richard Beavis, Thomas Balle Esq, Stephen Heston Esq, and John Fursman Clerk four of his Majestyes Justices of the Peace of and for the s[ai]d County or any two of them to Contract with any person or persons for the performance of the Transportation of the s[ai]d Elizabeth Selleck and to order and take care that such Contractor or Contractors should give sufficient Security for the Effectual Transporting of the s[ai]d Elizabeth Selleck according to the direction of the s[ai]d recited Act.

AND WHEREAS at the General Quarter Session of the Peace of our s[ai]d Lord the King held in and for the s[ai]d County at the Castle of Exon the Sixteenth day of July in the Nineteenth year of his s[ai]d present Majestyes Reign before the s[ai]d Richard Beavis, William Poore Williams, and William Clifford Martyn Esquires and others their Companions Justices of the Peace of and for the s[ai]d County Diana Palmer was Convicted of Felony but intitled to the Benefit of Clergy and was also ordered and Adjudged to be Transported to some of his s[ai]d Majestyes Colonies and Plantations in America for the like Term of Seven yeares according to the s[ai]d Act of Parliament made in the fourth year of his said late Majestyes Reign.

AND WHEREAS The s[ai]d Court of Sessions in the pursuance of the s[ai]d other Act of Parliament made in the Sixth year of his s[ai]d Majestyes Reign did Nominate and appoint the s[ai]d Richard Beavis, William Poore Williams, William Clifford Martyn and John Pennock Esquires four of his Majestyes Justices of the Peace of and for the s[ai]d County or any two of them to Contract with any person or persons for the performance of the Transportation of the s[ai]d Diana Palmer and to Order and take care that such Contractor or Contractors should give sufficient Security for the Effectual Transporting of the s[ai]d Diana Palmer according to the direction of the s[ai]d recited Act.

AND WHEREAS At the Generall Quarter Session of the Peace of our Lord the King held for the s[ai]d County at the Castle of Exon the Eighth day of October in the Nineteenth year of his present Majestyes Reign before the s[ai]d Richard Beavis, Joseph Taylor, Stephen Weston, Arscott Bickford, and John Penneck Esquires and others their Companions Justices of the Peace of and for the said County John Ellis was Convicted of Felony But intitiled to the Benefit of Clergy and was also Ordered and Adjudged to be Transported to some of his s[ai]d Majestyes Colonies and Plantations in America for the like Term of Seven Years according to the s[ai]d late Act of Parliament made in the fourth year of his s[ai]d late Majestyes Reign.

AND WHEREAS The said Court of Sessions in pursuance of the s[ai]d other Act of Parliament made in the Sixth year of his s[ai]d late Majestyes Reign did Nominate and Appoint the said Richard Beavis, Joseph Taylor, Stephen Weston, Arscott Bickford, and John Penneck Esquires five of his Majestyes Justices of the Peace of and for the said County or any two of them to Contract with any person or persons for the performance of the Transportation of the s[ai]d John Ellis and to order and take care that such Contractor or Contractors should give sufficient Security for the Effectual Transporting of the s[ai]d John Ellis according to the direction of the s[ai]d recited Act.

AND WHEREAS At the Generall Quarter Session of the Peace of our Lord the King held in and for the s[ai]d County at the Castle of Exon the Eighth Day of this instant April before the s[ai]d Richard Beavis, Stephen Weston & William Clifford Martyn Esquires and John Fursman Clerk and others their Companions Justices of the Peace of and for the s[ai]d County Mary Fulford was Convicted of Felony But intitled to the Benefitt of Clergy and was also ordered and Adjudged to be Transported to some of his Majestyes s[ai]d Colonies and Plantations in America for the like Term of Seven years according to the s[ai]d Act of Parliament made in the fourth year of his s[ai]d late Majestyes Reign.

AND WHEREAS The s[ai]d Court of Sessions in the pursuance of the s[ai]d other Act of Parliament made in the Sixth year of his s[ai]d Majestyes Reign did Nominate and appoint the s[ai]d Richard Beavis, Stephen Weston, William Clifford Martyn and John Fursman Clerk four of his Majestyes Justices of the Peace of and for the s[ai]d County or any two of them to Contract with any 
person or persons for the performance of the Transportation of the s[ai]d Mary Fulford and to Order and take care that such Contractor or Contractors should give sufficient Security for the Effectual Transporting of the s[ai]d Mary Fulford according to the direction of the s[ai]d recited Act.

AND WHEREAS the s[ai]d Richard Beavis, John Penneck & Stephen Weston have contracted to & with Thomas Benson of Northam in the County of Devon Esq for the Effectual Transporting of the s[ai]d Severall and respective Felons to Virginia or some other of his Majestyes Colonies or Plantations in America for the s[ai]d term of Deven years pursuant to the s[ai]d Orders (that is to say) The s[ai]d Richard Beavis and John Penneck have so Contracted for the Transportation of the s[ai]d Anne Jeffery, Diane Palmer & John Ellis, And the said Richard Beavis and Stephen Weston for the s[ai]d Elizabeth Selleck, Mary Fulford.

Witness now these Present that the s[ai]d Thomas Benson doth hereby Contract and agree to accept & take the afores[ai]d Felons for the purpose afores[ai]d and to give Security by Bond as afores[ai]d for the Effectual Transportation of the s[ai]d Felons to Virginia or some other of his s[ai]d Majestyes Colonies & Plantations in America for the Term aforesaid within Three Months from the date hereof.

And the s[ai]d Richard Beavis, John Penneck and Stephen Weston by virtue of the afores[ai]d power given them do hereby agree that the Goaler in whose Custody they are shall forthwith deliver the s[ai]d Felons to him the s[ai]d Thomas Benson or his assigns in Order for their Transportation afores[ai]d.

In Witness whereof the s[ai]d Richard Beavis, John Penneck and Stephen Weston and also the s[ai]d Thomas Benson have hereunto set their hands and Seals the fifteenth day of April in the year of our Lord 1746.

Sealed & Delivered by the s[ai]d Richard Beavis, John Penneck & Stephen Weston in the presence of:
[Signed] Nick Hootton Junr

Sealed & delivered by the above named Thomas Benson in the presence of:
[Signed] John Laskey

[Signed]:
R[ichar]d Beavis
J Penneck
Weston
Tho[mas] Benson

= = = = = = = = = =