Old Kecoughtan, Elizabeth City County, VA - Old Records; Wm. & Mary Qtrly, Vol. 9, No. 2 Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** OLD KECOUGHTAN. 83 There are in the records of Elizabeth City county the details of a suit in ejectment, which are interesting not only for the legal phases that illustrate the course of law in the colony, but for the information they give about the early settlement of Elizabeth City county. When the first emigrants arrived in Virginia, they found an Indian village near Point Comfort, called Kecoughtan, or Kicoughtan, or Kiccotan. There was in the neighborhood a large open country of two or three thousand acres in which the Indians raised their corn, beans and tobacco. Only July 9, 1610, because the Indians of Kecoughtan captured and killed Humphrey Blunt at the point on James River in Warwick county, ---------- 84 WILLIAM AND MARY COLLEGE QUARTERLY. which still bears his name, Sir Thomas Gates set upon the Indians, whose chief was Pochins, a son of Powhatan, and drove them away from their habitations. To secure his new conquest, he erected, at the mouth of Hampton River, two small stockades, "about a musket shot apart," and about two miles from the fort, called Fort Algernon, already established in 1608 at Point Comfort, and called them Fort Charles and Fort Henry. When these forts were abandoned, the field about Fort Henry, called "Fort Field," consisting of 100, or, as it is otherwise expressed, 110 acres, was granted in 1637 to Captain Francis Hooke, Esq., of the Royal Navy, commander at Point Comfort, and one of the Council of State. It was described as "lying on the Strawberry Banks, beginning at a well, known by the name of the Plackett Well, which is upon the creek side, which runneth up by the Gate house west, and soe to a place where a house stood where one Powell lived and from thence directly to a spring in the banke of the creek right against the house of one Thomas Oldis east." A grant in 1648 to Major Richard Moryson, brother-in-law of Lucius Cary, Lord Falkland, and one of Captain Hooke's successors in command at Point Comfort, is more definite. The land is here described as "lying south upon the Main River from the mouth of a creek com- monly called Hook's creek alias John's creek unto Sandy Point, bounded on the West side from the Sandy Point with a creek that parteth the land of Thomas Coniers and the Glebe land from this land, bounded on the north with the land late belonging to Thomas Oldis gent. by marked trees to a tree near the bridge that leadeth to the dwelling house of said Oldis from (sic) to the mouth of said John's creek, on the east side." These bounds are the bounds of the present Soldier's Home, on Hampton Roads, for the creek on the east side of that property still retains the name of John's creek. On the west of John's creek was a tract of one hundred acres granted formerly to Capt. Thomas Grayes for his personal adventure as an ancient planter and assigned by him in 1635 to Lieut. Thomas Purify, one of the Council of State and a representative of the Purifys, of Dray- ton, in Leicestershire, and by Purify, about 1637, assigned to Capt. Francis Hooke. It became the property of Thomas Oldis, a member of the House of Burgesses, who owned an adjoining tract of fifty acres; and in 1691 the whole 150 acres was devised to Jacob Walker and George Walker, Jr., his brother, by Thomas Oldis, grandson of the first Thomas Oldis. In the grant to Purify, his land is described as "lying west on a small creek dividing the same from the fields called Fort Henry," and the fifty acre lot adjoining easterly was the land of Capt. Christopher Calthorpe, who came to Virginia, a lad of fifteen years, in 1622. This last was second son of Christopher Calthorpe, Esq., of Norfolk county, England, and grandson of Sir James Calthorpe and Barbara Bacon his wife. Beyond Oldis, situated on the "Strawberry Banks" (the country from the mouth of Hampton River to the mouth of Mill Creek), was a tract of fifty acres, leased in 1627 to Dictoris Christmas, assigned by him in 1628 to Lionel Rowlston, and assigned by Rowlston in 1630 to ---------- OLD KECOUGHTAN. 85 John Neale, merchant. At the east side of this land, on the shore, about 100 poles or 500 yards from John's Creek, was the "look-out tree," where a sentinel watched the distant capes for approaching vessels. In 1628, Lieut. Edward Waters, whose romantic career had begun in 1609, with the wreck of the "Sea Venture," and his discovery on the Bermuda Is- lands of a vast piece of ambergris worth three million dollars, patented 100 acres adjoining. These two tracts, making 150 acres, or 165 acres as the surveys showed, became vested in George Downes and were long known as Downes' Field (see plat by John Lowry). On the east side was a marsh or gut called Thomas' Creek, still to be seen to the east of Mrs. Phoebus' residence, near the town of Phoebus. Some distance above this, about 500 poles from John's Creek, was a tract of 100 acres, patented in 1644 by William Wilkinson "minister of God's word." "It lay in or neare Buckerowe," a term, like "Strawberry Banks," originally meaning a considerable region of country, and afterwards used to designate a single plantation. This tract extended along Mill Creek (originally Point Comfort Creek) for 75 poles till it reached 300 acres, called in the suit below "Buckroe," "late in the tenure of Dr. Calvert, and now (1644) in the possession of Anthony Elliott." Further above, it seems, was an Indian Spring, on the shore side of Mill Creek, about a mile and a quarter from a branch of Harris' Creek. At the head of John's Creek was the Glebe land, lying on the north side of the present trolly car line from Hampton to the town of Phoebus. A grant to Robert Partin, in 1637, locates his lease of 40 acres as "south on the Fort field, and north towards the church," and this was the same land as Thomas Coniers', which was described, in the patent to Major Richard Moryson for Fort Field, as parted from the Glebe Land by a creek making in from Sandy Point (Soldiers' Home Point). So it seems the church in 1637, was standing somehwere in the neighborhood at the Butler School. A new church was afterwards erected at Pembroke Farm, about 1667, and in 1727 the church in Hampton Town was erected. In 1619, 3,000 acres were assigned at Hampton for the use of the company, and 100 acres for a glebe;* and 1,500 acres were reserved for the common lands. These lands were on the easterly side of Southamp- ton River, and stretched along Mill Creek as far as the Bay. They were at first only leased for a term of years. In 1625, there were 349 inhabi- tants at Elizabeth City, and Captain William Tucker was commandant of the plantation. The first minister was Rev. William Mease (1610- 1620), the next was Francis Bolton, in 1621; the next, George Keith, 1623-25, and the next was Jonas Stockton. "Mr. Fenton minister," died at Elizabeth City September 5, 1624. ______________________________________________________ *In 1696, William Armistead (son of Capt. Anthony Armistead, and grandson of William, the emigrant) sold to Henry Brooks, mariner, thirty-three and two-third acres on the east side of Hampton River, "fronting over against Hampton Town, adjoining the Glebe land, and first granted to Henry Hawley" (who came to Virginia in 1635, aged thirty-four years). ---------- 86 WILLIAM AND MARY COLLEGE QUARTERLY. Mr. Stockton, who came to Virginia in 1620 was the son of Rev. William Stockton, of Barkewell, County Warwick, England. He was the author of a letter several times printed, which forewarned the col- onists of the massacre of 1622, and announced the belief of the futility of any attempt to convert the Indians, until their head men were put to death. He appears to have been the earliest exponent of the idea that "the only good Indian is a dead Indian." He had a lease of 50 acres in 1627 "within the company's land at Elizabeth City," southerly upon a creek parting the same from the land called "The Indian House Thicket." This last was a neck of land on the east side of Hampton River, between two creeks. In 1625, it was occupied by Capt. Jabez Whitaker, one of the Council, and son of William Whitaker, headmaster of St. John's College, Cambridge; then in 1627, by Capt. Thomas Flint, and in 1633 by Lancelot Barnes. It appears to be the irony of fate that an Indian school should now be seen near where once was an Indian thicket, and where the prophetic Stockton announced his conviction of the original depravity of the Indian. On the west side of the river lived in these early days that very quaint character in our early history, called William Capps, who re- sided at "Little England," anciently known as Capps' Point, and who in 1619 represented Kecoughtan in the first American Legislature. Above him, on two tracts of land, together aggregating 150 acres, and separated from Capps by a creek, was the most famous of all the early settlers of this region. This man was the celebrated William Claiborne, surveyor, Treasurer of Virginia and Secretary of State. Here, on the very site of the present Hampton Town, he had his storehouse for trade with the Indians up Chesapeake Bay and elsewhere, and from this store- house his sloops, loaded with good in exchange for skins and furs, sailed to many points in Maryland, Nansemond and the Eastern Shore. It was a patent obtained by Claiborne for his wife on the Strawberry Banks that brought much trouble to various persons resident many years later in that beautiful region. It conflicted with the patent of Major Richard Moryson, and the conflict broke out with several law suits, which culminated, in 1745, in the suit below between John Selden and Samuel Galt. Selden claimed under the patent of Moryson, and Galt under the patent of Col. Claiborne. In Buck Roe were seated in 1621 the French Vignerons, sent over to instruct the settlers how to raise grapes and make wine to better ad- vantage. These men had been selected by John Bonall, silk-worm raiser to the King at Oakland, England, and had been sent over by him, under the charge of his kinsman, Anthony Bonall. In 1619, on the petition of the inhabitants, who did not like the heathen name of Kecoughtan, the name Elizabeth City was given to one of the four great corporations in which all the settlements were in- cluded, and this name was afterwards applied to the county formed out of a part of this corporation. But the name "Kecoughtan" adhered to that section of country lying on Hampton River, during all of the seventeenth century, and part of the eighteenth. The town of Hampton ---------- OLD KECOUGHTAN. 87 (from Southampton) was not regularly established till 1680, when it was laid out on the west side of the river, at the place where Colonel Claiborne had lived. A ship captain called Thomas Jarvis was living there then on "a trading plantation" of 200 acres. The General Assem- bly condemned fifty acres for the proposed town. This Jarvis was the second husband of Elizabeth Duke, daughter of Sir Edward Duke, and widow of the celebrated Nathaniel Bacon, Jr. They had only one son, Thomas, who, it is believed, was ancestor of the North Carolina family of that name. Not long after (in 1704) the well-known preacher and scholar, George Keith, who, it is believed, was a descendant of the minister of that name, one of the early residents of this neighborhood, visited his son-in-law, George Walker, on the Strawberry Banks, and "preached in the church at Kickotan." SELDEN VS. GALT. In Trespass and Ejectment, August 4, 1747 Elizabeth City County, ss: Memorandum, that at a Court held for the County aforesaid at the Court-house of the said County the eighteenth day of June one thousand Seven Hundred and forty Six, before Alexander McKenzie, Gent. and the rest of the Justices of our Lord, the King, of the said County as well to keep the Peace as to hear and determine all Suits, Controversies & Debates between Party and Party legally assigned, came John Goodright by William Nim- mo(1) his attorney, and brought into Court his Bill against Sam- uel Galt(2) of a Plea of Trespass and Ejectment, which said Bill follows in these words, to wit: Elizabeth City County ss. John Goodright complains of Samuel Galt in custody &c for that to wit: Whereas, John Selden(3) of the County aforesaid, Gent. on the first day of January, one thousand Seven Hundred and Forty five at the Parish and County of Elizabeth City aforesaid has demised and to farm Let unto the said John Goodright one Messuage, one Dwelling House, one Kitchen, one Garden, with one Hundred and Sixty acres of land commonly known and called by the name of Downes' field, or Strawberry Banks situate & being in the Parish and County aforesaid to be held by the said John Goodright and his assigns from the said Day and year aforesaid until the said Term of Seven years thence next ensu- ing and fully to be compleet and Ended by virtue of which De- mise aforesaid the said John Goodright into the said messuage, House and Land with all Appurtenances did enter, and thereof ---------- 88 WILLIAM AND MARY COLLEGE QUARTERLY. was possessed until the said Thomas (Samuel?), afterwards, that is to say, at the Parish and County aforesaid on the fifteenth day of January and year aforesaid with Force of Arms & into the Land and tenements aforesaid in and upon the Possession of the said John Goodright did enter and him did eject, Expell & amove from the same his Farm aforesaid therein not then nor yet being ended and the said John Goodright thereof so being ejeted, the said Thomas (Samuel?) still hath and doth hold out and other wrongs to the John Goodright, then and there the said Samuel did and caused against the Peace of our now Lord, the King, and to the damage of the said John Goodright one Hundred Pounds and theron he brings Suit &c. Thereupon, came the said Samuel Galt by Benjamin Waller(4) his atte, and defends the force and injury when and where he ought, and saith that he is not thereof Guilty in manner and Form as the said John Goodright against Him hath complained of this he puts himself upon the Country and the said Pet. like- wise therefore, let a Jury of the Bystanders be impannelled here on the third Wednesday in next month according to the Form of the Act of the General Assembly in such case made and pro- vided by whom &c, and who neither &c, to recognize &c, because as well &c, the same Day is Given the Parties aforesaid here &c. From which Day till this Day to wit: the Sixteenth day of July in the year aforesaid the Jury was respited and the Cause afore- said continued by the mutual consent of the Parties and with the assent of the Court, And that on the twentieth day of August in the year aforesaid the Jury was respited and the cause aforesd continued by the mutual consent of the parties and with the assent of the Court and that on the Eighteenth day of September in the year aforesaid the Jury was respited and the cause afore- said continued by the mutual consent of the parties and with the assent of the Court. And that on the Nineteenth day of No- vember in the year aforesaid the Jury was respited and the cause aforesaid continued by the mutual Consent of the Parties and with the assent of the Court, and that on the Twenty first day of January in the year aforesaid the Jury was further respited and the Cause aforesaid was continued by the mutual Consent of the Parties and with the assent of the Court, And that on the Eighteenth day of February in the year aforesaid the Jury was further respited and the cause aforesaid continued. And that ---------- OLD KECOUGHTAN. 89 on the Eighteenth day of March in the year aforesaid it was ordered that a commission be awarded the Deft. de bene esse. and the Jury aforesaid further respited and the cause aforesaid continued; and that on the fifth day of May in the year of our Lord one thousand Seven Hundred & forth Seven the Jury was further respited and the cause aforesaid continued by the mutual consent of the Parties and with the assent of the Court, And that on the Second Day of June in the year aforesaid the Jury was further respited and the cause aforesd continued by the mutual consent of the parties and with the assent of the Court. And that on the Seventh Day of July in the year aforesaid it was ordered that this suit should not abate by the Death of either of the Parties and the cause aforesaid was continued by the mutual consent of the Parties and with the assent of the Court. And that on the fourth Day of August in the year last mentioned came the parties aforesaid by their attornies and agreed with the assent of the Court to waive the Tryal of the Issue by a Jury & in Lieu of a Special Verdict mutually agreed a Case which is as follows to wit: "We agree an order of the General Court Dated the 17th of June 1642, to Capt. Richard Morrison(5), for 150 acres of Land called the Fort Fields, and to Robert Morrison for a Patent for 100 acres of Land at the Strawberry Banks, which said order of Council is in these words vis:" At a Court holden at James City ye 17th June 1642. PrSent Sr Willm Barkeley. Knt: Govor &c. Saml. Matthews Richd. Bennet Christ: Wormeley Esqr. Hump Higginson Esqr. Will Pierce Will Bernard Thos. Pettus The Court hath ordered that Capt. Richard Morrison shall have a Patent for One Hundred and fifty acres of Land called the Fortfields and Mr. Robert Morrison shall have a Patent for one Hundred acres of Land at the Strawberry Banks heretofore in the Possession of George Downs, dec'd, both which parcels of Land were formerly Granted unto them by Lease and are con- firmed by Patent for their better incouragement in case of Lands deserted. Coia Test. C. C. Thacker Cl. Gen Cur. ---------- 90 WILLIAM AND MARY COLLEGE QUARTERLY. And that the said one Hundred acres at the Strawberry Banks is the Land in Dispute, We agree a Patent granted to the said Richard Morrison by Sr. William Barkeley, Governor for one Hundred & Sixty acres of land called Downs' Field, being the Land in Dispute, with all clauses therein to which we refer and dated the 3d June 1645. vise. -- To All &c, Whereas &c, now know ye that I, the said Sir William Barkeley Kn't, do with the advice and consent of the Councill & State accordingly Give and Grant unto Majr Richard Morrison one Hundred and Sixty acres of Land lying and being in Eliza. City County commonly called Downehis field being on the Strawberry Banks, beggining at a Ceder Stump formerly called the Lookout tree by Pine Comfort Creek Side near the round mill, so running North west by North two Hundred and fifty Poles along the land formerly Mr. Neales by marked trees to the marked trees of the Glebe Land, from thence one Hundred and Eight Poles Northeast by the marked trees of the Glebe Land into the Swamp from thence Two Hun- dred and Sixty-four poles Southeast by South by marked trees down to the Point of Downehis Creek mouth, from thence South- west by West Ten Poles to the first Ceder stump, the said one Hundred and Sixty acres of Land being due unto the said Majr Morrison as followeth: an Hundred & fifty acres by the trans- portation of three Persons into this Colony whose names are in the record mentioned under this Patent of one Hundred and Ten acres bearing date with these presents, there remaining still Due upon the Certificate thirty acres. To have and to hold &c to be held &c, yielding and paying &c, which payment is to be made Seven years after the date hereof and not before date the 3rd of June 1648. Vera Copia Teste C. C. Thacker, Cl. Gen. Cur. We agree the Last Will and Testament of the said Richard Morrison proved in Eliza City County 27th December 1648. Whereby the Land in controversy is devised unto Richard Morri- son, the Son of the said Testator in Fee, to which Will we refer &c which said Will follows in these words vise: In the name of God Amen; I, Richard Morrison Esq. being in pft. memory (but very weeke in body thanks be God) doe bequeath my soul into the hand of my God and Savior, Jesus Christ, and my body ---------- OLD KECOUGHTAN. 91 to be decently Burried at the descrestion of my Executrix who is hereunder mentioned. First, I will and bequeath unto my well beloved wife Winefred Morryson after my just debts are satisfied, the thirds of my whole Estate (except my land) and the remainder to be equally divided between my children. Secondly, I will & bequeath unto my said wife during her natural life the House and Plantations whereon I now live. Thirdly, I will & bequeath unto my Sonne, Richard Mor- ryson, my plantation, commonly known by the name of Downes' Plantation, and to be delivered unto my said sonne when he shall be of full age, by my Executrix for him and his heirs forever. Fourthly, I will and bequeath unto my sonne Richard and to his Heirs forever my Plantation whereon I now live and to be delivered unto him after the decease of my said wife, and of this my Last Will and Testament, I do make my well beloved wife, Winifred Morryson, my sold Executrix, And I do desire my well beloved friends Maj. John Chandler and Richard Hull to be my Overseers of this my Last Will and Testament. In Witness hereof I, the said Richard Morryson have hereunto sett my Hand and Seal the Ninth day of September, Annog Dom. 1626. Signed and Delivered Rich: in the presence of Morryson L.S. William Wilkinson William South Tho. Lorymer Pbat. William Wilkinson & Tho. Larymer, 27th Septembris 1646. Test me Henry Poole Cler, Cur. Recorded &c Triga die Mensis Septembris 1648 Pr me, Henry Poole. Copa Test, H. Irwin Cl. Cur. And that the said Devisee entered and was seized thereof as the Law requires. We agree that after the death of the said Rich- ard Morryson, the Devisee aforesaid, the Lands in Controversy did Descend to Charles Morryson his Nephew (sic?) as Heirs-at-Law to the said Richard, the devisee and that the said Charles entered therein and was seized thereof till the time of his death which ---------- 92 WILLIAM AND MARY COLLEGE QUARTERLY. Happened in the year 1688. We agree the will of the said Charles hereunto annexed dated the 28th November 1688 together with the proofs thereof also hereunto annexed which is as follows: In the name of God Amen : I, Charles Morryson of the County of Elizth City in Virginia being very Ill & Indisposed in body, but, blessed be the Almighty in Perfect Sense & Memory, Do make, Constitute & ordain this my last Will & Testament, in manner & form following: first, I give & bequeath my Soul into the hands & Protection of my blessed Lord & Savior Jesus Christ & my Body to be buried in a piece of Flannel, desiring Doctor Sellers to Preach my Funeral Sermon and to Pen the same down to be sent to my wife for which I request Mr. Brooke to answer satisfaction according to usance, and as for my worldly Estate after my just debts are paid I give & Bequeath in general both Personal & Real to my Dear & well beloved wife Rebecca Morry- son her Heirs, Exors. adm'ors & assigns or whoever else she shall be pleased to bestow it on Notwithstanding a former Will made & left in the Country of Virginia, Nullafying & making void all those legacies and bequests therein bequeathed except it should so happen that they shall deserve what is therein Bequeathed, but in case that it should please God that my dear wife should be deceased before this my Will come to Virginia then that former Will to stand in full force & Power making my wife whole & Sole Executrix, desiring my good & Loving Friend, Colonel Phillip Ludwell to be an assistant to her. In Confirmation hereof I do hereunto set my Hand & Seal this 20th of Mar. in the Town of Plymouth 1688 & in the fourth year of his majesty's Reign. Chas Moryson (Seal.) John Brunskill Comandr Drury Smith mercht Edward Falwell mercht Proved in Cur. of Eliza City County the 18th July 1689, by the oath of Capt. John Bruns- kill & several substantial Circumstances & writings Test. Chas Jenings Cl. Cur. Copy Test Thos Everard(6) Cl. Cur. June the 9th 1689. Then appeared before us Captn John Brunskill and made oath ---------- OLD KECOUGHTAN. 93 upon the Holy Evangelist that he saw the within Charles Mory- son Signe, Seal & deliver the within writing as his last Will & Testament he being then in Perfect Sense & memory. John Brunskill Sworn before us the day and year above written P. Bert. Servant Baldwin Sheppard. I, John Brunskill, master of the Margaret, do upon my Sol- emn oath declare that I was present at the signing & sealing of the last Will & Testament of Collo Chas Moryson, Dated the 28th day of Novr 1688, and to my best understanding Collo Moryson then was endowed with his reason & understanding and did hear him declare according to the Contents of the foresaid Will that it was his will and pleasure that everything should be done re- lating to his estate Moveables and Heretables, relating to the foresaid Will as was there Exprest and I do further declare that I did also see the other two Evidences who signed this Will named Drury Smith and Edward Flawell also sign the foresaid Will and that this is the truth upon my Solemn Oath declare and that the Will was written by Drury Smith, his desire in making of his will he being suddenly taken was as he said be- cause he had in a former Will given several Legacies to Several Persons which he judge'd, might not deserve the said Legacys. John Brunskill. Sworn in Cur. of Eliz. City County the 18th July 1689. Teste Chas. Jenings, Cl. Cur. Copy Test : Thos Everard Cl. Cur. We agree that Rebecca, widow of the said Charles Moryson, in- termarried with Collo John Lear, and that she held the Lands in Controversy as Devisee of the said Chas Moryson, during her life -- and that she dyed without Issue. We agree that by an Inquisition Dated the 28th day of December 1697 it is found by a Jury that the said Charles Moryson dyed seized of the Land now in Dispute. We agree that Francis Ballard(7) Lessee of Samuel Selden, & Rebecca, his wife, Cousing & heir-at-law to Re- becca, the widow and Devisee of Charles Moryson recovered the Land in Controversy of Robert Beverley Gent. to whom the said ---------- 94 WILLIAM AND MARY COLLEGE QUARTERLY. Land had been granted by Patent as Escheated from the said Charles Moryson, and by Order of the General Court dated 21st October 1704, was put in Possession of the same as by the record hereunto annexed to which we refer and that the said Charles Moryson and those claiming under him and his title have been in Possession of the Land & Premises in Dispute since the year 1671 & upwards, which record is as follows: Virginia Sct: At a General Court held at the Capitol in Williamsburg the 22d day of April 1703. Ballard vs. Beverly In the Ejectione firme brought hither by a Certiorari from before the County Court of Elizth. City County between Francis Ballard, Gent. Plt. & Robert Beverly, admitted Deft. in the room of John George, Gent., for two plantations commonly known by the name of Buck Roe and Downes his Field, three dwelling Houses, three Gardens, four hundred & Sixty acres of Land. three Hundred acres of Woodland, One Hundred & Sixty acres of Pasture with the appurts in Eliz. City County aforesaid, now in possession of the said Robert, which the Plt. says in his Declaration was late in the Possession of John Lear & Rebecca, his wife, which Samuel Selden & Rebecca, his wife, Cousin & Heir-at-law to Rebecca, the said wife of the said John Lear, Demised unto him the said Pla. for a Term not yet expired, and for Five Hundred Pounds Sterling Damage for ejecting him from the same, the Plt. joyning in the Demurrer put in the other Day by the Deft. the same was argued & thereupon the Court being of Opinion as heretofore that the Will of Charles Moryson be given to the Jury to weigh what it will with them. The Deft. to make out his title produced the counterpart of his lease of One Plantation containing about three Hundred acres of Land called Buck Roe situate at Point Comfort in the said County dated the 20th December 1697, unto Bertram Servants(8), signed by the said Servants, which being owned by the said Servants upon oath, the same was read, then the Deft. produced a Lease of the said Tract of Land called Buck Roe as also one other Tract lying in the aforesaid County called Fort Field ---------- OLD KECOUGHTAN. 95 containing by Estimation One Hundred acres of Land be the same more or less & one other Tract of Land lying in the said County called Downes Field on the Strawberry Banks containing by Estimation One Hundred & Sixty acres of Land, made to him by Henry Moryson dated the 20th day of December 1698 which the Pla. excepted against as not being Legally proved but it appearing to the Court by an attestation of the clerk of the said County Court that the same was therein proved by the oaths of three of the Witnesses to the same viva voce It is adjudged that the same is well proved to be the Deed of the said Henry Moryson & therefore to be given together with a Release of the said Lands from the said Henry Moryson to the Defend. dated the 30th day of December 1698 in evidence to the jury; then the Deft. produced the Deposition of Rachel, Viscountess Dowager Faulkland, the Deposition of Edward Moryson being Heir of Charles Moryson, dec'd which were disallowed by the Court to be given in Evidence not being proved here by witnesses viva voce. Where- upon, Mordecai Cook, William Wilson, & the said Servants being sworn in behalf of the Deft. he, the Deft. produced the Record of a Patent of Three Hundred acres of Land called Buck Roe dated the 24th July 1645, granted to Anthony Elliott, Gent., which being Read he the Defendt. also produced the Will of one William Elliott, dec'd. attested by three witnesses and by them proved at a General Court held the 15th October 1700. whereby the said William Elliott as Heir apparent of his Father be- queathed all his Lands, wherever not therein before bequeathed, to Mr. William Lowry & his Heirs for ever & thereupon the said Witnesses being asked several questions relating to the said William Elliott's being the son of the said Anthony Elliott, dec'd & the Defendt produced a Deed of Sale made to him by William Lowry dated the 29th day of March 1700 for all that Seat or Tract of Land called Buckroe at or near Point Comfort aforesaid which said deed said Lowry acknowledged in Court to be his act & Deed; then the Defendant moved that a copy of a Deed produced by the Plt. made in behalf of Willm Batt of Barlsand in the County of York, Esq. &c., Martha Batt of Bark- well in the said County, Spinster, Sister of the said William Batt to Collo Chas. Moryson, might be read, which was admitted to be read accordingly, after all which the evidence being summed ---------- 96 WILLIAM AND MARY COLLEGE QUARTERLY. up by the attorneys on both sides the jury was sent out & after some time came again into Court & returned their verdict in these words "We find the Defendt is guilty for all the Lands, Houses and Plantations in the Declaration mentioned, to the plaintiffs Damage One Hundred Pounds Sterling," which ver- dict upon the Plt.'s motion whereupon the Deft. moved that Judg- ment be stayed till tomorrow & assuming not to take any ad- vantage if any may happen to be given, by the Court's not pro- ceeding now to give Judgement, Judgement is accordingly stayed till tomorrow. At a Gen'l. Court held at the Capitol in Williamsburg the 24th day of April 1703. Ballard vs. Beverly In the Ejectione firme brought hither by a Certiorari from before the County Court of Elizabeth City County between Francis Ballard, Gent. Plt. and Robert Beverly admitted De- fendant in the Room of John George Gent. for two Plantations commonly known by the name of Buckroe & Downs his Field, three dwelling Houses, three Gardens, four Hundred & Sixty acres of Land three Hundred acres of Wood Land, One Hundred & Sixty acres of Pasture with the apurts in Eliz: City County aforesaid, now in Possession of the said Robert which the Plt. says in his Declaration was late in the Possession of John Lear & Rebecca, his wife, which Samuel Selden & Rebecca, his wife, cousin & Heir-at-law to Rebecca, the said wife of the said John Lear Demised unto him the said Plt. for a Term not yet expired & and for five Hundred Pounds Sterling Damage for ejecting him from the same, wherein the jury found the Defendt guilty for all the Lands, Houses, & Plantations in the Declaron men- tioned to the Plt. Damage One Hundred Pounds Sterling the 1st & 2d Reasons put in by the Defendant to stay entering the Judge- ment upon the verdict of the Jury given for the Plt. in this cause as aforesaid being overruled & the third Reason (to wit) It doth not appear by the Pannel of the names of the Jurors re- turned by the Sheriff with the writt of venire that it is a Pannel of Jurors names in the Cause between the Plt & Defendt which by law it ought to be together with the arguments on both sides, ---------- OLD KECOUGHTAN 97 thereupon being taken into Consideration the Plt. replying that all those mistakes were aided by the Statute of 21st King James. Cop : 13. Entitled an Act for the further Reformation of Jeo- fayles (which Statute was read) & that the Pannel was returned in like form of others in the Court & annexed to the Writt, but the Defendt producing Dalton's Office of Sheriff (shewing what a Pannel was) to make out his said Reason & forasmuch as the writt of venire is a new writt in this Country & according to the English form & the usual Form of Tryals in common cases being by Juries summoned by the Sheriff for Tryall, of all the causes for the Day according to the 37th Act of Assembly in the Printed Laws, the Court are of opinion that the Return of the same should be according to the English Form produced by the De- fendt & that for want of such Form it cant be taken for a Legal Pannel & therefore does not come within the said Statute, The Plt. also objected that the Jury being struck in Court by Con- sent of both Parties, the Faults in the Return were thereby aided which was overruled, Whereupon the said Reason is allowed & that no Judgement be entered upon the said verdict. His Excellency was pleased to declare his opinion & Command it be entered that by the Pleadings the mistakes in the Pannell wre aided by the said Statute of Jeofayles & that a Case that at Tryall was mentioned between Swan & Wilson was no more like this case than a Horse is like a man. Examd by C. C. Thacker Cl. Genl Cur. At a General Court held at the Capital in Williamsburg the 26th April 1703. Ballard vs. Beverly. Upon the Petition of Francis Ballard, Gen. praying an appeal from an order of this Court made on the 24th of April Instant in the Cause in Ejectione Firma, between the said Francis Ballard, Gent. Plt. & Robert Beverly, admitted defendt in the room of John George Gent. that no Judgement be entered upon the ver- dict of a Jury for the Lands, Houses, Plantations & premises in the Declaration in the said Cause mentioned and One Hun- dred Pounds Sterling Damages to the Queen in her privy Coun- cill the Land in question being above the value of three hundred ---------- 98 WILLIAM AND MARY COLLEGE QUARTERLY. Pounds Sterling ordered that an appeal be allowed him accord- ingly giving security whereupon a Bond being prepared was approved of by the said Robert & Samuel Selden & Bertram Servants having signed the same as securities for the said Bal- lard and acknowledged the said Bond in Court it is ordered that it be recorded & the appeal thereupon allowed. Exam P C. C. Thacker Cl. Genl. Cur. At a General Court held at the Capitol in Williamsburg the 16th day of October 1704. His Excellancy produced an order of her Majesty in Council on the appeal in the action in Ejectione Firma between Francis Ballard Plt. and Robert Beverly admitted Defendt in the Room of John George which was in the following words viz: At a Court at St. James's the 20th January 1703. Present. The Queen's most Excellent Majesty, His Royal Highness Prince George of Denmark Lord Arch-Bishop of York Duke of Bolton Lord Keeper Lord High Chamberlain Lord Treasurer Lord Chamberlain Lord President Earl of Northampton Lord Privy Seal Earl of Stamford Lord Steward Earl of Berkley Duke of Somerset Earl of Rodnor Earl of Nottingham Lord Coningsby Earl of Abingdon Mr. Bayle Earl of Scarbrough Mr. Secretary Hodges Earl of Romney Lord Chief Justice Hall Lord Powlet Master of the Rolls Lord Gempsey Lord Chief Justice Trevor Ballard Queen in vs. Council Beverly Order Upon Reading this Day at the Board a Report from the Lords of the Committee of the Whole Council for hearing appeals from the plantations upon having heard the parties concerned in the Petitions and appeal of Francis Ballard, Lessee of Samuel Selden ---------- OLD KECOUGHTAN 99 & Rebecca, his wife, on the behalf of himself & Lessors from Pro- ceedings of the General Court in Virginia, in the Cause between the Petitioner, Robert Beverly, touching two Plantations of Land in that Colony, which appeal was referred to the said Committee by her Majesty's order in Council the 13th of December last, Her Majesty with the advise of her Privy Council approving what is proposed by the said Report is thereupon pleased to order that the Judgement or order given by the General Court of Virginia the 24th day of April 1703. in said Cause & all Issues & Proceedings thereupon be reversed & declared null & void, as the same is according to her majesty's Pleasure hereby reversed & declared null & void & of none effect & her majesty is further pleased to order as it is hereby accordingly ordered that Judge- ment be given in the Cause for the appellant with five Pounds for Costs of this appeal to be paid by the Defts to the Plt on the said appeal. But that nevertheless the parties or either of them be at liberty to bring the said cause to Triall again in the Courts of Virginia, and that in case upon such Triall either of the said Parties shall desire it, the matter be found specially by the Jury to the end that if either Parties shall think fit to appeal to her Majesty in Council, her Majesty may be more fully informed & that the Governor & Council of Virginia & all others whom it concern are to take notice of this her majesty's Pleasure & to govern themselves herein accordingly. John Povey Whereupon it is ordered that the Plt. & Deft. or their attor- nies be served with a Copy of her Majesty's said order in Coun- cil, as also with this order & that the cause be referred till Thurs- day. At a General Court held at the Capitol the 21st of October 1704. Ballard vs. Beverly The action in Ejectment between Francis Ballard, Plt & Robt Beverly Deft for Land in Elizath City County the Parties being both called & being served with the copies of Her Majesty's order in Council Dated the 20th of January 1703 whereby the Judgment or order of this Court made the 24th or April 1703. is Declared null & void. The Deft not appearing the Plt. by his ---------- 100 WILLIAM AND MARY COLLEGE QUARTERLY. Council moved that the said Judgement of April Court might be reversed & that a writt of Habere facias Possessionem might issue, Whereupon on consideration of her majesty's aforesaid order in Council, It is considred that the said Judgement of the 24th of april 1703. be made null & void & that her majesty's Writt of Habere facias Possessionem be awarded & that the Deft pay the five Pounds Costs allowed by her majesty's aforesaid order with all other Damages & costs als. Exo. Eliza. City County Oct 30th 1704. Then in obedience to the above order have put into posses- sionem Mr. Francis Ballard, quallifyed as aforesaid into all the Lands & tenements that is mentioned in the said order of the Honble the General Court & according to the Tenor thereof. P Henry Royall, Sheriff Vere Record Copy Teste Teste C. C. Thacker Rober Dixon Cl. Genl. Cur. P Ben Waller We agree that Rebecca the wife of the said Samuel Selden was Cousin & Heir at Law of the said Rebecca the Wife & Devisee of the said Coll : Charles Morryson & afterwards of Coll. John Lear(9), and that the said Samuel and Rebecca his wife became seized of the Land and Premises in Controversy as the Law re- quires. We agree as Special Verdict in an Action of Ejectment, bought by John Doe Lessee of James Servant agt. Barth. Selden who claimed under the Said Samuel Selden for Land dispute found at a Court held for Elizabeth City County the 18th Day of August 1725 with all Clauses Tracts & Deeds therein contained to which we refer with the Judgment thereon. We also Agree Deeds made between the said Samuel Selden of the one part and Samuel Selden Junr. Eldest Son & Heir at Law of the said Samuel Selden Senr. and Rebecca his Wife for the Land in Dispute dated the 10th and 12th Days of Sept. 1714 with all Clauses therein to which we refer and that the said Samuel Selden Jun. became & seized thereof as the Law requires wch said Deeds are as follows. The Indenture made the Tenth day of September in year of our Lord God One Thousand Seven Hundred & Fourteen Be- tween Samuel Selden of the Parish & County of Elizabeth City ---------- OLD KECOUGHTAN. 101 Senr. of the one part and Samuel Selden of the same Parish & County Afores'd Junr. and son of the above s'd Samuel of the other p.t. Witnesseth that the said Samuel Selden Senr. for and in Consideration of the Natural Love and Affection that he beareth to his Son Samuel Junr. and for his better Lively hood & for divers other good Considerations and thereunto, especially moveing Hath given Granted and to Farm lett and by these Presents doth give, grant and Farm lett, unto the said Saml Selden Junr. All that his Tract of Plantation of Land called Strawberry bank situate & Lying on Mill Creek in the Parish and County aforesd, To have and to hold this plantation & Tract of Land with the Apur'ts unto the said Saml. Selden Junr. his Executors and administrators from the day next before the Date of these Presents into the full and P term of One whole Year from the next ensuing & fully to be Compleat & Ended yeilding & paying therefore unto the s. Samuel Selden Sen. his Heirs & Assigns the Cost of five Shillings if the same be Lawfully de- manded to the Intent & purpose that the s. Samuel Selden Junr. may be in the actual possession of the hereby granted premises and may hereby and by force of the Statute for Transferring uses into Possession be enabled to take a Grant or Rebate of the Reversion & Inheritance of the same to him & his Heirs & As- signs for Ever In Witness whereon I have hereunto set my hand and seal the day and year aboves'd 1714. the mark of Samuel Selden Senr. (L. S.) Mary (M) Sayyer Ack: the above Lease at a Court held 15th Day of Sept:r 1714 & Order'd to be Recorded Test C. Jenings. Clk. This Indenture made the Twelfth day of Sept:r in the year of our Lord One Thousand Seven Hundred & Fourteen Between Sam- uel Selden of the Parish and County of Elizabeth City Senr. of the one part and Saml. Selden of the same Parish & County afores'd Junr. and the Son of the afores'd Saml of the other part. Witnesseth that the s. Sam' Selden Senr. for and in Considera- tion of the Natural Love & Affection that he beareth to the s. Saml. Selden Junr. being his Eldest Son & for his more Com- fortable and better Livelyhood & other good Considerations him there unto moveing Hath Granted Released & Confirmed and ---------- 102 WILLIAM AND MARY COLLEGE QUARTERLY. by these Presents Doth Grant, release and Confirm unto the s. Saml Selden Junr. All that Tract & Plantation of Land called Strawberry banks situated and lying on Mill Creek in the Parish and County afores'd and now being in actual possession of the same by force and Virture of a Bargain & Lease thereof to him made by the s. Saml. Selden Senr by Indenture and bearing dated the tenth day of Septr in the year of Our Lord One Thousand Seven Hundred & Fourteen being from the day next before the date of the same Indenture for one year and by Force and Statute of Transferring Uses into Possession and to his Heirs and As- signs and all the Estate, Right, Titles & Interest Property Claim & Demand whatsoever of him the s. Saml. Selden Senr. of in & to the same Premises & every part thereof To have & to hold the s. Plantation & tract of Land being One hundred and Sixty Acres by Patent with the Appurts without Impeachment of any man- ner of wast unto the s. Saml Selden Junr his heirs & Assigns for Ever & to no other use Intent or purpose whatsoever In Witness whereof I have hereunto set my Hand & Seal the day & year first above written 1714. Saml Selden Sen (L. S.) Test Mark of Mary M. Sayer. Ack: The above Release at a Court held the 15th day of Septr 1714 by the s. Saml Selden Sen. unto his Son Saml. Selden Junr. and his heirs and Ordd to be Recorded Test. Chas. Jenings(10) C. Cur. We agree Deeds made between the s. Saml Selden Jun of the one part and & Barth Selden Brother of the said Saml Selden Jun of the other part for the Land in Dispute dated the 11th & 12th days of May 1715 with all clauses therein to wch we refer & that the said Bartholomew became seized thereof as the Law requires. This Indenture made the Eleventh day of May in the first year of the Reign of our Sovereign Lord George of Great Britain France & Ireland, King defender of the faith & Between Saml Selden of the Parish & County of Eliza City Co. Junr of the one part & Barth. Selden of the same brother of the s. Samuel of the ---------- OLD KECOUGHTAN. 103 other part. Witnesseth that the s. Saml Selden for & in Con- sideration of the sum of ten Shillings to him in hand paid the Receipt whereof he doth hereby acknowledge & the s. Bar- tholomew thereof doth acquit and discharge &c and for divers other good considerations hath given granted Bargained Sold assigned & set over and by these Presents doth grant bargains sell & set over unto the s. Bartholomow Selden All that Tract of Land lying & being in Eliza City Containing one Hundred & sixty Acres of Land and commonly called & known by the name of Strawberry Banks late in the Tenure of their father Samuel Selden & the Reversion & Reversions Remainder & Remainders Yearly and other Rents & Profits reserved in & payable upon Demise Lease or Leases of the Premises of every part thereof to have & to hold the s. Messuage & Tenament & Premises with their appurts unto the s. Bartho Selden his Executors & As- signs from the Tenth day of this Instant May the day before the Date of these Presents unto the full end & term of one whole year from those next following & fully to be compleat & Ended yielding & paying therefore unto the s. Samuel the Yearly Rent of one Ear of Indian Corn at the Parish of St. Michael if de- manded to the Intent and purpose that the s. Bartholomow Sel- den may be in actual possession of the premises and may be hereby & by force and virtue of the Statute for Transferring uses into Possession be enabled to take a Grant or Rebate of the Re- version & Inheritance of the same to him the said Bartholomow & his Heirs & assigns forever In Witness whereof of the S. Sam- uel Selden hath hereunto set his Hand & Seal the day & year first above written. Anna Domo: 1715 the words (or releas'd) interlined before deliver hereof---------- Saml Selden Jun. (L. S.) Signed Sealed & delivered in the Presence of us --- Geo: Yeo: Jun(11) Saml White Mary Selden Ack -- At a Court the 18th May 1715, by Saml. Selden Ju. to Bartho. Selden & his Heirs & the same is Ordd. to be Recorded Test. Chas Jenings C. Cur. Recd 2. day June 1715 & C. Jenings C. Cur. ---------- 104 WILLIAM AND MARY COLLEGE QUARTELRY. This Indenture made the Twelfth day of May in the first year of the Reign of our Sovereign Lord George over Great Britain France & Ireland King defender of the Faith &c between Saml Selden of the Parish & County of Eliza. City Junr of the one party &c Barth. Selden of the same Parish and County afores'd Brother of the s. Samuel of the other Party Witnesseth that the s. Saml. Selden for and in Considerations of the Natural Love and Affection he beareth to the s. Bartholomow And also for Consideration that Samuel Selden Our Father hath at the En- sealing and delivery of these Presents together with Rebeckah Our Mother transferred made over and confirmed unto him the s. Samuel Selden Junr. One Tract of Land called Fort field in Lieu of and for the Land hereby hereafter mentioned and by the s. Samuel Selden Junr. granted doth give Grant Transfer Re- lease and confirm unto the s. Bartholomow Selden all that Tract of Land lately Conveyed to him by his afores'd Father by Certain Deeds of Lease and Release and commonly called and known by the name of Strawberry Banks Containing by Patent One Hun- dred and Sixty acres of Land and now in the Tenure of the s. Bartholomow by lease for one year to him thereof by the s. Sam.l Selden Junr. made bearing date the tenth of May two days before the date thereof and from these and beginning and by Virtue thereof and by Virture of the Statute for Transferring uses unto Possession actually possessed thereof and to his Heirs and Assigns for Ever and all the Right, Estate Title Interest Claim and demand whatsoever of him the s. Saml. Selden Junr of in and to the same Premises To have and to hold, the s. tract of Land & Premiseds with the Appurtenances & Privileges without Impeachment of any manner of Wast unto the s. Bartholomow Selden and his Heirs and to no other use Intent or Purpose Whatsoever In Witness whereof the s. Samuel Selden Junr hath hereunto set his Hand & Seal the Day and Year first above writ- ten. Anno Dom. 1715 Saml. Selden. (L. S.) The words Released Interlined before delivery hereof & also the words. (tenth of May) Signed Sealed & Delivered in Presence of us: Geo. Yeo. Jun. Saml White. Mary Selden. Ack: Released by s. Saml. Selden. ---------- OLD KECOUGHTAN. 105 Junr. at a Court held for Eliza. City County the 18th Day of May 1715 unto the s. Bartho. Selden & his Heirs &c. The same was Ord. to be Recorded: Recd 2nd June 1715. Test: C. Jenings. Clk Cur. Chas. Jenings C. Cur. We find the Last Will & Testament of the said Bartholomow Selden wherein he being seized of the said Land in Dispute as aforesaid devised among the Things as follows Viz Item, I give unto my beloved Wife the Land I now live on and my Land wch is at Hampton (that is the Land in Dispute) during her life but if she proves with Child as I expect She is My Will is that the Child Lawfully begotten of my Body to Inherit the Land after her Decease to him or her Heirs forever. Item, it is my Will that if my Wife should not prove with Child I give all my forementioned Land after her Decease to my Brother John Selden to him and his Heirs for ever and that the Testator afresd Died so seised We Agree that the Wife of the said Bartholomow Selden did not prove with Child nor had any Child by the said Bartho. Selden after the Decease of the said Bartho. and that the Lessor of the Plt. is the Brother and Devisee afs. of the s. Bartho. We Agree a Release made between William Edwards and Sarah his wife which said Sarah was the Widow of the said Bartho. Selden of the one Part and the said John Selden Lessor of the Plt. and Brother & Devisee afs. of the said Barth. of the other Part bearing date the 25th day of October 1743 for the Land in Dispute with all Clauses therein hereunto annexed to which we refer & is as follows, and that the said John Selden by Virtue thereof and of the Devisee of the said Bartho. Selden aforesd: entered and became seized of the Land in Dispute as the Law requires. This Indenture made the Twenty-fifth day of October In the Year of our Lord Christ One Thousand Seven Hundred & forty three Between William Edwards of the County of Surry and Sarah his Wife of the One Part and John Selden of the County of Elizabeth City Gent.n of the other Part Whereas, the said Sarah Wife of the said William Edwards by Virtue of the Last Will and testament in Writing of Bartholomew Selden her former Husband is and stands seized for her Life of and in a Certain Plantation or Tract of Land lying in the Parish and County of Elizabeth City aforesaid on Mill Creek on the Straw- ---------- 106 WILLIAM AND MARY COLLEGE QUARTERLY. berry Banks Commonly known by the name of Downs' fields Containing by Estimation One Hundred & Sixty Acres and whereas the said John Selden stands Seized in fee of the Re- version of the said. Tract or Plantation of Land after the De- termination of the Estate aforesd of the s. Sarah in and to the same NOW THIS INDENTURE WITNESSETH That the said William Edwards and Sarah his Wife for and in Consideration of the Sum of Five Shillings Currt money of Virginia to them in hand paid by the said John Selden before Sealing and delivery of these Presents the Receipt whereof the s. William Edwards doth hereby acknowledge And thereof and of every part thereof Doth Exonerate and Discharge the said John Selden his Heirs Ex- ecutors and Admors for Ever Have granted Revised Leased and forever quit Claimed And by these Presents for themselves and for their Heirs do fully clearly and Absolutely Grant Remise Re- lease and for Ever quit Claim unto the said John Selden and to his Heirs and Assigns All the Estate Right Title Interest claim & Demand whatsoever as well in Law as in Equity of them the said William Edwards and Sarah his Wife and of either of them of in or to or out of the said Land and Plantation aforesd with the Appurt or any part or parts thereof And of in and to the Rents Reversion and Reversions Remaindr. and Remainders Rents issues & Profits of the same and all Deeds Writings and Evidences of or Concerning the same or any part thereof: To Have & to Hold the said Plantation or Tract of Land and Prem- ises with the Appurts and every part thereof unto the said John Selden his Heirs and Assigns To the only proper use and behoof of the said John Selden his Heirs and Assigns for Ever. In Wit- ness whereof the said William Edwards adn Sarah his Wife have hereunto sett their Hands and Seals the day and year first above written William Edwards (L. S.) Sarah Edward (L. S.) Sealed and Delivered in the Presence of ---- James Wray Virga. At a General Court held at the Miles Cary Capitol Octo. 27th 1743. Thos. Everard This Indenture was Acknowledged by William Edwards and Sarah his Wife Parties thereto she being first privily Examined as the Law directs and Ordered to be Recorded. Test. Ben. Waller Ck. Cur. OLD KECOUGHTAN. 107 We Agree the Lease Entry & Oaths as in the Declaration set forth We Agree the Depositions of Eliz. Waller Eliza. Sheppard and Mary Taylor hereunto Annexed taken by Virtue of a Deds. dated the 8th Day of July 1699 and Recorded in the General Court with all matters therein to wch we refer & is as follows -- Whereas by Act of Assembly It is Provided for the greater Ease of those who Live remote from James City That a Dedimus Potestatem should issue from the Secretary's Office Signed by one of the Council directed to three or more such indifferent Persons as be of the County where the Witnesses inhabit -- These are therefore in his Maj. name to Authorize and require you to Cause to be Summoned to Appear before you all such Persons as Robert Beverly of Elizabeth City County Gent. shall nominate unto you and of all such persons so Summon'd you shall take the Depositions in a Cause depending to the fourth day of the next General Court upon a Bill of Indictment found against him the said Robert Beverly by the Grand Jury for the Body of this his Ma.s Colony and Dominion of Virginia for a forcible Entry into certain Lands lying in Eliza City County on behalf of the Deft., the Plt : having Lawful Notice of the time & place of taking the same and all Depositions by you so taken you shall together with this Writt in due time return to the Secretarys Office Herein you are not to fail Given under my Hand this 8th day of July 1699. Edw. Hill. To Antho. Armistead, Pascho Curle(12), Augustine Moore(13), Thomas Curle and Jno Minson Gent. or any three of them --- I do appoint the 21st day of this Instant July 1699 for the Exe- cution of the within Dedimus at the Court House of Eliza City County. Anthony Armistead. July 8th 1699. According to the Writt and directions indorsed I gave Notice to Barth. ffowler Esq. Attorney General of the Execution to be made thereof at the time, and place above mentioned. P Otho Cobbs Sub Sh. El: C. Co'y July 10 1699 Eliza City County According to this Writt & the directions indorsed I gave No- tice to Mr. Bertram Servant of the Execution to be made thereof ---------- 108 WILLIAM AND MARY COLLEGE QUARTERLY. at the time and place above mentioned. He the said Mr. Servant not being at home leaving a Note thereof. Coleman Brough Sherif Sumond Mrs. Elizabeth Walker, Mrs. Mary Taylor and Mrs. Elizabeth Shepard -- Evidences P Simon Hollier Sub. Sher Eliza City County Sct. By Virtue of the within Dedimus We have taken the Deposi- tions of Eliza. Walker, Eliza. Shepard and Mary Taylor, hereunto annexed in presence of Mr. Bertram Servant this 21st of July 1699 which with the said Dedimus We hereby Certifie to the Secretaries Office Anthony Armistead Augustine Moore Pascho Curle Thomas Curle Ino Minson Eliza. City County Sct: The Deposition of Elizabeth Walker(14) aged Sixty Years or thereabouts Examined & Sworn saith That on or about the Time of Sr. William Berkeley coming into Virginia after the Revolution The Depont. bought of Capt. Wm. Claybourn Junr. a Certain Tract of Land the Patent thereof being Seven Hundred Acres more or less lying on Mill Creek in Elizabeth City County being the Land whereon Mr. Bertram Servant now Liveth, at whc. time, the s. Claybourn made an Exception of a Parcel of Land whereon John Proby lived for that the sd. Claybour said to her the Dept. that the said land did belong unto Coll. Charles Morrison being part of the Land in the afores'd Patent. And the Depont. lived on the Land so bought by her some small time, and had the same in Possession about a Year and afterwards Mr. James Lassells had the Land, and gave a Bill to the Depont. or her Husband for so much as She the Deponent paid for the Land And further saith not. Elizabeth Walker. The Deposition of Elizabeth Shepard Aged Forty Years or there abouts Examined and Sworn saith That the Depont. hath often heard her Husband say and de- ---------- OLD KECOUGHTAN. 109 clare that the Land whereon John Proby Senr. lived on Straw- berry Banks did belong unto Coll. Charles Morryson and that the said Proby acknowledged the said Morryson to be his Land- lord and paid the said Morryson Yearly Rent for the s. Land And further saith not. The Deposition of Mary Taylor Aged Sixty one years or there- abouts. Examined & Sworn saith That the Depont. being Born within a Mile where John Proby lived on the Strawberry Banks, and lived there almost all her life time and saith that the Land where John Proby Lived was always reputed to belong to Coll. Chas. Morryson and paid the sd. Morryson as it was said Yearly Rent for the same. And saith that She knew Coll. Wm. Claybourn(15) and Capt. Wm. Clay- bourn very well and that She never knew that the Claybourns ever claimed the Land that the said Proby lived on, And further saith that She never knew that any Person concerned themselves with the said Land but only the Morrysons. And the Depont. saith that her Brother and Sisted Lived on the said Land about two years before Proby but knows not to whom they paid Rent. And further saith that the said Claybourn went out of the County five or six Years before Proby lived on the said Land And that the said Proby was a Servant to Mr. Mallory two or three Years after Claybourn went away to the best of her knowledge And farther saith not. ye mark of Mary Taylor Test Charles Jenings Cl. Cur. Vera Copia Test : C. C. Thacker Cl. Gen. Cur. We Agree the Deposition of Col. Thos. Milner(16) taken in Suit between Bertram Servant under whom the Deft. Claims & Coll. John Lear under whom the Plt. Claims by Virtue of a Deds dated the day of with all Clauses therein to which We refer and is hereunto annexed and is as follows Nansemond Interrogatorys put to Lgt Coll. Thos. Milner Court House Augt. ye 14th 1693 By Vertue of a Dedimus in a difference Depending Betwixt Bertram Servant Plant. and Coll. John Lear and Rebeckah his Wife Executrix of Coll. Chas. Morrison Defendants on Behalf of the Defendants. Imp. Did you not when you were about to Survey Downs' ---------- 110 WILLIAM AND MARY COLLEGE QUARTERLY field for the Defendt Mr. Servant having notice (& being by) hear it told sd Servant that we were now come to Survey the Land there belonging to Coll. Chas Morryson & the s. Servant Reply thereto saying with all my Heart. I own you must have 100 Acres here and Coll. Claybourn when I purchased mine told me as he Reserved or Excepted Coll. Morryson's 100 Acres & here it is for you pointing from ye Cedar Stump (the beginning place of ye old Survey of Mr. Woodward up along the Mill Creek. 2ndly. Did not Coll. Lear Soon after Desire you to be Sure to Remember ye Words of the sd. Servant before Recited and Ser- vants free Concession & owning the s. Hundred Acres when s. Lear told him the Survey was for Ninety in Part of a Hundred Servant answered here (pointing up by Mill Creek side of the Bank) take your Ten Acres more to make up your Hundred I never was against it nor had not opposed it before but that I was not at the running this first Line or words to this purpose & did not Coll. Lear desire you to take Memorandum to yourself in Writing Concerning these very matters And did you not Write down Memorandums about it. 3dly. Were you not shown sevl. old Marked Trees by the Neigh- borhood in the Line on the Cedar Stump Agreeable to the Course of the Antient Survey & did not the Widow Rickets show and direct you to a Markt Tree standing in her own Corn field and said Her father had told her that it was a Markt Tree belonging to Coll. Morrison Land & were you not by ye Course brought soe as the said Tree Answered very well with the Antient Survey. 4thly. Did you not Circumspectly and with all Care Possible Survey the Land Commonly called Downs his field for the De- fendt. According to ye Express bounds & Courses of the Antient Survey made by Mr. Thos. Woodward Surveyor as Appears Under his Hand bearing date the 31st day of July 1651 for Mrs. Winni- fred Morrison. The Answer of Thomas Milner to the Interrogatories of Coll. John Lear hereunto annexed to the first the Depont. saith That upon the 21st of Septr 1691 He went with Coll. Lear upon this Request to Survey a Parcel of Land Called Downes' field lying upon Mill Creek in the County of Elizabeth City And Mr. Ber- tram Servant having Notice thereof was then & there present And the Depont. began to Survey at a Cedar Stump by the Creek ---------- OLD KECOUGHTAN. 111 side and preceded by Several Old mark'd Trees According to the Survey of the said Land for 90 Acres have by Mr. Thos Wood- ward for Mrs. Winnifred Morrison the Mother of Coll. Charles Morrison deced during our proceeding in the s. Survey upon Discourse Coll. Lear had with Mr. Servant about the Survey of the sd Land Mr. Servant said that he did know that Coll. Claiborn in his Sale of the Land, did reserve or except out of the Sale 100 acres of Land to Coll. Morrison And he was Contented he should take it there or Words to that purpose. To the Second the Depont. saith that Coll. Lear did desire the Depont. to make a Memorandum of what discourse past from Mr. Servant upon the Matter above related and answered so far as the Depont. remembers in the Answer to the first In- terrogatory. To the Third the Depont. saith That as well at this Survey as at one began some years since for Coll. Morrison sevl old Markt trees in the Line from the Cedar Stump were shown the Depont. by some of the Neighbours & particularly at this Survey One Markt tree in the Line in Mrs. Rickets Corn field showed by her which was Agreeable to Mr. Woodwards Survey upon which I had run the same Line before in Coll. Morrisons Line as is before said. To the fourth the Depont. saith that he with all due Circum- spection & Care did Survey the said Land from the Cedar Stump as near as was possible to be done According to the Survey of the 90 Acres made formerly by r. Woodward which I had then to direct me And I gave a Plat thereof to Coll. Lear under my Hand and further saith not. Sworn the 14th Day of Augt 1693 before us ---- Thos. Godwin Tho. Milner Rich. Londyroud. Edmons Godwin. We Agree a Patent from Sir William Berkeley Knt. to Eliza. Claibourne the Wife of Capt. Wm. Claiborne Esq. his Majesty's Treasurer of the Colony of Virginia for Seven Hundred Acres of Land dated the 27th of Novr. 1647 to which we refer & is as fol- lows -- To all etc., Whereas etc., Now know ye that I the said Sir Wm ---------- 112 WILLIAM AND MARY COLLEGE QUARTERLY. Berkeley Knt. do with the Advice and Consent of the Council of State accordingly give and grant unto Eliza Claiborne the Wife of Capt. Wm Claiborne Esq. his Majs. Treasurer of this Colony of Virginia Seven Hundred Acres of Land Situate lying & being in the Corporation of Eliza City on the East side thereof partly on the Land Commonly called Strawberry Bank partly on the Land of Buck Roe and Abuts Easterly and Northerly on the Land of Wm Wilkenson Clarke according to the known and appointed bounds there dividing the same and thence bounded on the East- erly and Southerly Side thereof by Point Comfort Crook. Ex- tending by the Water Side Four Hundred Pole & Sixteen foot & a half to a pole unto the Land late in the Possession of Thomas Oldis & none (?) of his Heirs and bounded on the Westerly and southwesly side by the bounds and marks from the sd Thos Oldis Land and into the Land Abutting on the Glebe Land in the Main Woods the s. Seven Hundred Acres of Land being due by and for the Transportation of the Fourteen Persons into this Colony All whose Names are in the Record mentioned under this Patent and made and granted unto the sd Eliza. Claiborne by her sd. Husband Capt. Wm Claiborne in Nature & Heir of a Jointure according to a former Order of Court ye 7th of June 1644 to have & to hold etc. to be held etc. Yielding and paying etc. pro- vided etc. dated the 26th Xber 1647 Wm Berkeley We Agree that the Lands in Dispute are Part of the 700 acres granted in the above mentioned Patent to Eliza. Claiborne. We Agree a Deed from Wm Claiborne Gent. and Eliza. Clai- borne aforesd to Bertrand Servant for the above mentioned 700 acres of Land Dated the first of March 1668 and a Power of Attorney from the said Eliz Claiborne to Wm Claiborne Junr dated the 1st March 1668 Recorded in New Kent County to wch we refer & is as follows -- Know All Men by these Presents that We Coll. Wm Claiborne Senr of the County of New Kent in Virginia and Elizabeth Claiborne his Wife for a Valuable Consideration in hand paid by Bertram Servant of the County of Eliza. City in Virginia the Receipt whereof the said Wm Claiborne & Elizabeth Claiborne doe hereby Acknowledge and themselves therewith fully satisfyed and paid Have Bargained Sold Alliened Enfeoffed & Confirmed ---------- OLD KECOUGHTAN. 113 unto the said Bertram. Servant All that Plantation or Dividend of Land Containing by Estimation Seven Hundred Acres be it more & Less Situate Lying & being in the County of Elizabeth City and bounding according to a Patent bearing date the 26th day of November 1647 To have and to hold Occupy possess & enjoy the said Land to him the s. Bertram Servant his Heirs and Assigns for Ever from us the said Coll. William Claiborne & Eliza. Claiborne our Heirs Executors & Admors with Warranty of the said Land from us or any of us clear & free from all former and other Bargains & sales & Incumbrances whatsoever and also from all Jointures Dowers or Title of Dowers and from the Interest Titles Claims and demand of any Person or Persons whatsoever that shall or may Claim by from or under us or any of us according to fformr Articles of Agreement made between Capt. Willm. Claiborne Junr. & Eliza. Tudman bearing date the 19th day of November 1661 & Ratified and Confirmed & Sub- scribed unto by us the sd Coll. Wm. Claiborn & Elizath Claiborn the 10th day of December 1661 and no farther or otherwise as Witness our Hands & Seals the first day of march 1668 the word (nor further or otherwise) interlined before signing & Sealing William Claiborne the Seal Elizabeth Claiborne the Seal Signed Sealed & Deliver'd in the Presence of us Wm. Claiborne C. Turner New Kent the 1st March 1668 Acknowledged in Court by Coll. Wm Claiborne Junr. in behalf of Mrs. Elizabeth Claiborne Wife unto the said Coll. Wm. Claiborn by Virtue of a Letter of Attor- ney impowering him to that purpose and is Recorded P Tho. Hall(17) A true Copy from the Record. Job Howes C. Cur. Know All Men by these Presents that I Elizabeth Claiborne Wife of Coll. William Clayborne Senior of the County of New Kent have Constituted Ordained & Appointed my Son Capt. William Claiborne Junr. of the Same County my true and Law- ful Attorney for & in my Name, Stead & behalf to Acknowledge unto Bertram Servant of the County of Elizabeth City or to his ---------- 114 WILLIAM AND MARY COLLEGE QUARTERLY. Attorney or Attornies a Certain piece of Land Sold by my Hus- band Coll. William Claiborne & me Eliza. Claiborn as by a Bar- gain & Sale under our Hands & Seals bearing the date with these Presents may appear as Witness my hand & Seal this first day of March 1668. Eliza. Claiborne (L. S.) (Test) Leonard Claiborne C. Turner 1st March 1668 Recorded Thos Hall. C. Cur. We Agree that the s. Bertram Servant after the Execution of the Deed afd. entered etc. -- Was seized thereof as the Law requires and that he died so seized -- We agree the Will of the s. Ber- tram Servant dated the 1st of November 1707 Proved and re- corded in Eliza. City County Court to which we refer which said Will is as follows IN THE NAME OF GOD AMEN The first Day of November In the year of our Lord God 1707 I Bertram Servant in Elizabeth City County in Virginia Gentle- man being very Sick and Weak in Body but of Perfect mind & memory Thanks be given to God. therefore calling unto mind the mortality of my Body & knowing that is appointed for all Men once to Die, do make & Ordain this my last Will & Testa- ment (That is to say) principally & first of all I give & recom- mend my Soul into the Hands of God that gave it and for my Body I recommend to the Earth to be Buried in a Christian like and Decent manner, at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the Mighty Power of God. And as touching such Worldly Estate wherewith it hath pleased God to bless me in this Life, I give, devise & dispose of the same in the following man- ner and form -- Imprimis. I give & Bequeath to my Dearly Beloved Daugh- ter Frances George the sum of One Hundred Pounds Sterling to be raised & levied out of my Estate. Item I give and Bequeath to my Dearly beloved Daughter Mary Ballard the sum of One Hundred Pounds to be Raised & Levied out of my Estate. and the benefit of Half the Stock upon the Plantation and to Enjoy the Plantation peaceably between ---------- OLD KECOUGHTAN. 115 Mary and my Son James til he comes of Age at Twenty Years and that if Francis Ballard my Son-in-Law will go to the charges of Recovering the Plantation that Saml. Selden has called the Strawberry Banks to keep it and enjoy it for himself & his Heirs. And in case that the Goods come in safe from England which are mine to be divided between my three children Francis George, Mary Ballard & Son James Servant but my Grand Chil- dren to have Fifty Pounds more. Item. To my Daughter Mary Ballard I give Martinique & Hannah & sue for Her & Her Heirs. Item. I give and be- queath to Elizabeth Marcinburgh my cow Browning & a feather Bed wth Bolster Pillows & Blankets belonging. Item. I give & Bequeath each of my Grand Children the Sum of Fifty pound a piece and in case my Goods arrive safe from England here I give & Bequeath to Each of them Fifty Pounds more, to Peter Porby Fifty Pounds, to Bertram Proby Fifty Pounds, to Thos. Proby Fifty Pounds, Rebeckah Long Fifty Pounds ownly and to my Grand Children Servant Ballard & Francis Ballard fifty Fifty Pounds each but in case the good come safe Fifty pounds more Rebeckah Long Excepted I give to my Grand Daughter Frances George the Sum of Fifty Pounds & Fifty Pounds more in case the goods come safe. Item I give and bequeath to my dearly Beloved Son James Servant all my Lands and Houses in Town (yt and my Plantation) and Houses in Town to him & his Heirs Tony, Judy. Emmanuel Jack. Sampson & Taffe these Negroes to him for Ever I Likewise make Appoint & Constitute & Ordain my Executors of this my Will and Testament my Friend and Loving Son James Servant and Francis Ballard and my Loving Friend James Burtall and Jn. George my sole Execu- tors of this my Last Will & Testament by them to do Justice and I do hereby utterly Disallow Revoke Disannul all every other former Testaments Wills and Executions Desire James Burtell to manage my sons Businesses for him till he come of Age Soe I disallow any Executors By me any Ways before this Testament Willed & Bequeathed Ratifying & Confirming this and no other to be my Last Will & Testament. In Witness hereof set my Hand and Seal the day & year above written. Signed Sealed Published & Pronounced & Declared by the s. Bertrand Servant (L.S.) as his Last Will & Testament ---------- 116 WILLIAM AND MARY COLLEGE QUARTERLY. in the Presence of us the Subscribers Proved in Curt. (vizt) Josha Curle Eliza City 18th of November 1707 James Howard County by the Oathes of Thos. Faulkner. Josh Curle & Thos Faulker too of the witnesses & admitted to Record Test. Chas Jenings Cl. Cur. Proved in Court the 19th of Feby 1707 by the oath of James Howard one of the Witness subscribers. Test. Chass. Jenings Cl. Cur. We agree a Plat of a Survey made by John Loury Gent. Sur- veyor of this County between John Doe Plaintiff and Bartholo- mew Selden Deft. by Order of Eliza. City County Court dated the 19th of July 1725 and that the same includes the Bounds of the Lands now in Dispute to which we refer & is as follows. July 19th 1725 Eliza City County Whereas it was Ordered by the Court of this County the 16th of June 1725 that the Surveyr of the County should lay off Jno Doe. Plant. and Bartho. Selden Deft. Pattents according to their Pretensions. In obedience to the said Order I did first lay off the Plantt. pattent & did begin at a Mulberry Stump on the side of Mill Creek at A (as Exprest in the Plan) & did Run the Distance along the said Creek 200 Chains as mentioned in the Plantts pattents to the Land of George Walker at B which formerly did belong to Thomas Oldis (as will appear by the Plantts. Pattent) and from the side of Mill Creek at B. N 38: deg W 110 (120?) chains along a Line of Mark'd Trees of the sd George Walkers Land to a black Gum at C a corner Tree of Walker's Land & from thence the same Course continued 18 Chains to D joining on the Gleabe Land (but without any Mark'd trees) & thence North forty five Degrees East Sixty Six Chains still joining on the Gleabe & without any Marked Trees til it Interferes with Col. Broughs Line at E then along the said Broughs Line East 15 Chains to a Corner Red Oak at F thence along the said Broughs Line North 20 Chains to another Red Oak at G thence along a Line of mark'd Trees N. 42 degrees E. 108 ---------- INSERT GIF 117 ---------- 118 WILLIAM AND MARY COLLEGE QUARTERLY. Chains to two Pines at H abutting on a piece of Waste Land taken up by Mr. George Walker thence S. 40 degrees E. 138 Chains along a Line of Mark'd Trees wch parts this from the Land of Mr. George Walker wch formerly did belong to one Wilkinson to the beginning place at A & doe find within these Bounds 708 acres of Land &c. I did also according to the sd Order begin to Lay off the Defts Patton according to the Bounds & Mark'd Trees thereof & be- ginning at a Cedar Stump mentioned in the Defts. Patton for the beginning place & within the Bounds of the Plaitts Pattent as is set down in the Plan at the Letter I & Run from thence North 40 degrees West 125 Chains along a Line of Mark'd Trees to a Corner Red Oak at K thence North 45 degrees East along a Line of Mark'd Trees 38 Chains to L being there stop by John Roe Soe that I did not lay off the P Patton. P Jno Lowry Suryr. Augt. 16th 1725 In Obedience to an Order of Court Dated the 21st July 1725 I did begin at the place where I was stopt & run the course & distance mentioned in the Defts Pattent to M thence S 38 degrees E. 120 Chains to the Mouth of a Gutt on Mill Creek & thence along the Creek to the beginning place & do find within these bounds One hundred & sixty five Acres &c. Jno Lowry. Suryr. We Agree a Deed of Gift from James Servant Dated the 16th Day of July 1730 to Lucy Clealand then the Wife of James Clealand with all the Clauses therein to which we refer. We agree that the said last mentioned Deed was acknowledged and Recorded in Elizabeth City County Court the said sixteenth Day of July 1730. We agree that the said James Clealand is Dead & that the said Lucy Clealand after his death intermarried with Samuel Galt the Defendant in this Cause and is now alive & that the said Samuel and Lucy are in Possession of the Land in dispute in Virtue of the Deed of Gift aforeseaid -- We agree the Deposition of Samuel White to which we refer and is as follows. Samuel White aged about sixty six years Deposeth & saith that he came into this County with M. Samuel Selden about the year 1699 -- and remember as he believes about the year 1700 Mr. Selden and this Deponent boarded at Mr. Bertrand Servants and ---------- OLD KECOUGHTAN. 119 as the said Selden and Servant were going to Court this Depo- nent present heard them speaking of an Action that Mr. Beverly had brought against Servant for a piece of Land called Straw- berry banks and then heard Servant tell Selden that Mr. Beverly was a very Powerful & overbearing Man & that he would call Selden to vouch for him if Selden would take no advantage thereof & that Selden then promised that he would not & that Selden & Servant then calld this Deponent to bear Witness of the same Samuel White. Sworn to in Eliza City County Court 19th June 1745. Thos. Everard Cl. Copy Test Thos Everard Ck. We agree on Articles of Agreement from William Claiborne & Eliza his Wife & Eliza Tudman dated the 19th day of November 1661 and recorded in New Kent County in the Colony of Vir- ginia with all the Clauses therein to which we refer and if upon the whole matter the Court shall adjudge the Law to be for the Plt. we agree that Judgment shall be entered for him & sixpence Damage otherwise we agree that Judgment shall be entered for the Defendant William Nimmo Benjamin Waller And that on the said 4th day of August in the year last mentioned came the Parties aforesaid by their attornies and the matters of Law arising from the Case agreed being Solemnly Argued & the Ques- tion being first put the Court were divided in their Opinion & the cause Continued for a fuller Court & that on the first day of September in the year afore said this Cause having been Agreed at the last Court & the Court being divided in their opinions -- Ordered at the request of the Parties that this Cause be remitted to the Hon the General Court for that Court to De- termine the same. Test W. Wager Ck. [DEPOSITIONS] Rachel Viscountess Dowager ffaulkland aged sixty yeares or thereabout make the oath yt haveing married wth Harry late Lord ffaulkland who was sonn to one of ye Daughters of Sr. Richard Morryson, She ye said Lady ffaulkland was well acquainted with severall of ye said Sr. Richard Morrysons relacons & has been informed & is well satisfied yt ye said Sr Richard Moryson had five sonnes namely Henry Eldest who was afterwards knighted & died wthout Issue Richard ye Second Sonn who died Leaveing Issue Charles Morryson, who as shee has been Informed lived in ---------- 120 WILLIAM AND MARY COLLEGE QUARTERLY. Virginia and dyed wthout Issue at Plymuth ffrancis ye third Sonn who dyed Leaveing Issue Henry Morryson his Eldest sonn who is now a Lewt. Coll. in ye Lord Cutts Regemt of ffort Guards Robert ye ffourth sonn and ffines ye fifth sonn & the said Lady ffaulkland ffarther maketh oath that shee is well satisfyed & really believes yt ye Last menconed Henry Morryson is ye only Surviveing heire of ye said Sr. Richard Morryson and of Charles Morryson likewise who dyed at Plymuth as aforesd. Ra : ffaulkland Jurat 28th die Decembr, 1698 Coram Myles Cooke Recorded 22d of July 1699 P Cha : Jenings Cl Cur. Edward Morryson gentleman maketh oath yt he this depont being a descendant and relacon of Sr Richard Morryson hath been informed & doth really believe that ye said Sr Richard Morryson had (amongst others) Issue a Sonn called Richard, wch last sd Richard had Issue a sonn called Charles who lately lived in Virginia in parts beyond ye Seas and dyed at Plymuth & this depont further sayth that he is very well acquainted with Lt Coll Henry Morryson in ye Second Regiment of ffort Guards who is eldest Sonn to ffrancis Morryson Esq deed whoe was another of ye sonns of ye said Richard Morryson, and is very well satisfied yt ye said Henry is heire at Law to the said Charles. Edward Morryson. Jurat 24 die Decr 1698 coram Miles Cook Recordd. ye 22th of July 1699. P Chas. Jenings Cl Cur. These are to Certify Whome it may Concern yt Henry Morry- son Sonn of ffrancis Morryson late of Bpps Waltham in ye Countie of South'ton Esq deceased was baptized at Bpps Wal- tham aforesd ye one & twentieth day of October in ye yeare of our Lord God 1669 as appeares by ye register booke of ye sd Par- ish of Bpps Waltham. Given under our hands ye 16th day of March 1696 Meredith Reynolds Curate; Robert Harris Clerke of ye said parrish. Wee whose names are herewith Subscribed Inhabitants of the aforesaid parrish of Bpps Waltham doe hereby Certify that ye above written Certificate is true and yt ye above named Henry Morryson is the Eldest son of ye above named ffrancis Morryson and yt ye said ffrancis Morryson is dead Witness our hands ye 16th ---------- OLD KECOUGHTAN. 121 day of March 1696 James Bleakely, John Horner, James Hamp- ton, John Grapmill. Recordd. ye 22th July 1699 P Cha: Jenings Cl Cur. John Brunskill Late Commandr of ye Ship Margarett aged ffifty yeares or thereabouts upon his Solemn Oath taken upon ye Evanlest of Almighty God deposes & declares yt when the de- pont was commandr of ye Ship Unicorne & designed to Virginia Coll. Charles Morryson Late of Elizabeth City County in Vir- ginia designed to goe to Virginia as a passenger in ye Said ship Unicorne but ye said Ship being Unfortunately lost in a storm off of Plymuth the said Charles Morryson soon after fell sick of the Small Pox and in about five dayes after dyed thereof and in ye time of ye said Charles Morrysons Sickness the depont often urged him ye said Charles to make a will, & thereby to Settle his Estate to which ye said Charles alwayes replyed that at his Leave- inge of Virginia he had made a will and in that will had disposed of his Estate as he thought fitt and yt he would make noe other will and yt he had left ye will soe made in his wifes custody but withall desired ye depont to advise his wife not to deliver the Legacyes which he had bequeathed in ye said will to William Mallory, giveing this for a Reason that he thought the said Mallory had not deserved ye same from him, and to the Intent ye sd Mallory might not receive ye said Legacyes a Paper was drawne up and signed by ye said Morryson wherein he cutt off the said Mallory from ye said Legacy, and the only purport of ye said paper was to prevent the said Mallory from receiveing ye said Legacy and this depont further deposes that he knowes not of any other will made by ye said Charles Morryson but only that will menconed by the said Charles to have been left with his wife in Virginia & the said depont was by or neere the said Charles the whole time of his sickness and was at ye charge of and saw him buried in ye new Church yard in Plymuth. John Brunskill Jur. 20th die Apr. 1697 Coram me Magr. Counsller Rob : Legard Recordd ye 22th of July 1699 P Cha : Jenings Cl. Cur. NOTES. 1. William Nimmo was a lawyer who came from Linlithgow, Scot- land to Virginia. He resided in Williamsburg, where his will was proved in the General Court September 12, 1748. James Nimmo, of -------- 122 WILLIAM AND MARY COLLEGE QUARTERLY Princess Anne county, Va., was his uncle. For Nimmo family, see QUAR- TERLY, V., p. 134; VI., p. 123; VIII., p. 274. 2. Samuel Galt was a goldsmith, and is said to have been the son of a Scotch Covenanter, who shared in the defence of Londonderry. He married Lucy Clealand, the widow of James Clealand, and, as the record in the above suit appears to show, a daughter of James Servant, son of Bertram Servant. In 1735, Samuel White and others were appointed, by the same order of court, to appraise both the estates of James Ser- vant and James Clealand. In the Virginia Gazette for June 2, 1738, there is an advertisement that "Samuel Galt makes and mends all sorts of clocks and watches, gold, silver and jeweller's work, also billiard balls and dice, for cash gold or silver, tobacco, port, wheat or corn either at his own house on Mill Creek, near Hampton, or Mr. John McDowell's, in Hampton." He had issue by Lucy Servant, (1) Sarah, (2) William, father of Gabriel Galt, (3) James, who married Mary Inglish. James was the first superintendent of the Hospital for the insane at Williams- burg, the oldest institution of its kind in the United States; and (4) John Minson Galt, surgeon, who married Judith Craig, daughter of Alexander Craig (and Marie Maupin), of Williamsburg. For Galt see QUARTERLY, I., p. 15; VIII., p. 259. See also the wills of John Keef and William Inglish, York County Records. 3. Selden. This family originated with Samuel Selden, who appears in the records as a lawyer. He boarded in 1699 on Mill Creek with Mr. Bertrand Servant. His son John, the plaintiff in this suit, was also a lawyer. For Selden pedigree see QUARTERLY, V., pp. 60, 264; VI., p. 234. 4. Benjamin Waller was, like William Nimmo, a distinguished law- yer, and took a leading part in the American Revolution. He was son of Co., John Waller, of Spotsylvania county, and a grandson, it is be- lieved, of Dr. John Waller, of Newport Pagnall, Bucks. For Waller family see QUARTERLY, IV., p. 61; VIII., p. 79. 5. Moryson Family. Among the residents on Mill Creek none were more interesting than Major Richard Moryson, and his brothers, Lieut. Robert Moryson and Col. Francis Moryson, who, with Col. Charles Mory- son, son of Major Richard Moryson, successively commanded the fort at Point Comfort. They were sons of Sir Richard Moryson, a member of Parliament, and lieutenant-general of the ordnance. Sir Richard married Elizabeth, daughter of Sir Henry Harrington. They had issue, (1) Sir Henry, (2) Major Richard, of Virginia, appointed commander of the fort at Point Comfort, March 20, 1638, and in February, 1641, was a member of the Council in the place of Roger Wingate, deceased. Hence the title Esquire, which he gives himself in his will. He died at his plantation on Mill Creek (Point Comfort Creek) before December 27, 1648, when his will was proved. He left, it appears. two sons, Rich- ard, mentioned in his will, made in 1626, and Charles. The former died without issue. There is a letter, dated 1665, from Colonel Francis Moryson, soliciting from Lord Clarendon the captaincy of the fort for his nephew, Col. Charles Moryson -- a place which Lord Falkland "had got for his father." There is an order of the General Court which shows ---------- OLD KECOUGHTAN. 123 that Col. Charles Moryson "married the executrix of Col. Leonard Leo," and a land grant dated 1691 shows that Rebecca, widow of Col. Charles Moryson, married Col. John Lear, of Nansemond. Charles Moryson was, in 1680, presiding magistrate of Elizabeth City county, and lieutenant- colonel of the militia. He died in 1688 of the small-pox at Plymouth, England, when about to return to Virginia. (3) Robert Moryson had command in 1641 of the Fort at Point Comfort in absence of his brother and was lieutenant thereof in 1645 (Hening, I., 320). In York county record letters of administration were granted to Jane Moryson on the estate of Robert Moryson, October 25, 1647. He died s. p. (4) Major Francis Moryson served in King Charles' army, and came to Virginia in 1649, and was appointed Captain of Point Comfort Fort. He was speaker of the House of Burgesses, acting governor, etc. He returned to England in 1677. His eldest son Henry was born in the parish of Bishop's Waltham, Southampton County, England, October 21, 1669, and in 1699 was lieutenant-colonel in Lord Cutts' regiment of Foot Guards. (5) Fines (named for his uncle Fines Moryson, M. A., of Peter- house, Cambridge, extensive traveller, chief secretary to the Deputy Gov- ernor of Ireland, see Dictionary of National Biography). (6) Lettice, married the celebrated Lucius Cary, Lord Falkland, the English Cheva- lier-Bayard, who was killed at the battle of Newberry, September 20, 1643. His wfe was noted for her goodness and piety. John Duncan wrote a pamphlet on the "Holy Life and Death of the Lady Lettice, Vis- countess Falkland." She died February, 1646, in her thirty-fifth year, leaving three sons, the eldest of whom, Harry, Lord Falkland, married Rachel, who survived her husband. 6. Thomas Everard held many responsible positions, was clerk of the General Court, clerk of York county, clerk of Elizabeth City county, commissioner of accounts, before and during the Revolution, etc. He married Diana (born September 12, 1726), daughter of Major Anthony Robinson, of York county. He had a daughter, Martha, who married Dr. Isaac Hall, of Petersburg, whose will, proved in Petersburg, Febru- ary 3, 1806, names son Everard Hall and daughter Diana Robinson Hall, and makes George Keith Taylor and John Allison executors. 7. Francis Ballard was son of Col. Thomas Ballard, clerk of York county, and a member of the Council (see QUARTERLY, II., p. 274; III., p. 208; V., p. 272). He married Mary Servant, daughter of Bertrand Ser- vant, and had two sons, Francis Ballard and Servant Ballard, and four daughters, Frances, Mary, Lucy and Anne. Francis Ballard died March 12, 1719, and names in his will sons Francis and Servant Ballard and daughters Frances, Mary, Lucy and Anne Ballard. 8. Bertram or Bertrand Servant, "a natural born subject of ye king- dom of ffrance of ye age of sixty and six years," was naturalized by the Virginia Council and Assembly in 1698. He was a justice of the county. His will was dated November 1, 1707, and was proved November 18, 1707, He had issue, (1) Jane, married, first Peter Proby, and had John, Peter, Bertram, and Thomas Proby. Mr. Proby died in 1692, and his widow married, second, William Long, in 1695, and had Rebecca. (2) Re- ---------- 124 WILLIAM AND MARY COLLEGE QUARTERLY. becca, married Jacob Walker. His will, proved November 18, 1697, men- tions no issue, and states that her sister Jane Long was deceased. (3) Frances, married, in 1696, John George, son of Col. John George, of Nansemond, whose widow, Anne, married Col. John Lear. (4) Mary, married, in 1699, Francis Ballard, son of Col. Thomas Ballard, of the Council. Two sons. (5) James, under age in 1707. He died in 1735, leaving issue as appears, (1) Lucy, who married, first, James Clealand, second, Samuel Galt, and (2) Bertrand, under age. 9. Col. John Lear was for many years an active resident of Nanse- mond county, member of the Council, etc. He died June 27, 1696. He married at least four times: first, a lady not known, before 1678, by whom Martha, who married (1) Col. William Cole, and (2) Major Lewis Burwell, and Thomas; second, after 1678, Anne, widow of Col. John George; third, after 1688, Rebecca, widow of Col. Leonard Yeo, and Col. Charles Moryson; fourth, Ann Willis of Ipswich, Mass., widow of Seth Sothel, governor of North Carolina. She died before 1695. Thomas Lear, son of Col. Lear by his first wife, married Elizabeth, daughter of Col. Joseph Bridger, of Isle of Wight county, another mem- ber of the Council. He died before his father, leaving issue named in Col. John Lear's will (QUARTERLY, VII., p. 309), (1) Thomas, (2) John, (3) Elizabeth, (4) Martha. Of these John was living in 1712, married to Elizabeth, the executrix of Isabella Haveild, who was ex- ecutrix of Dr. Luke Haveild, of Nansemond. He was sheriff of Nane- mond in 1723. After this I have found no mention of the Lear family. 10. Charles Jenings was clerk of the court of Elizabeth City county as early as 1680. In 1696-'7 he obtained a certificate from the court for 300 acres on account of having imported into the country six persons, viz., Charles Jenings, Mary Jenings, John Stanbury, Charles Jenings, Charles Ball and Lewis, a negro. A deposition of Mary Jenings states her age as forty-five in February, 1696-'7. Charles Jenings and Mary Jenings, his wife, had issue, (1) Thomas Jenings, "son and heir," who died about 1720 without issue, and (2) Charles Jenings,(2) Jr. This last married in 1702 Elizabeth Naylor, daughter of William Naylor (will proved in Elizabeth City county in 1697), and widow of Worlich West- wood, father of William Westwood. He succeeded his father as clerk, but in 1720 he was removed by Gov. Spotswood, and Henry Irwin was made clerk. Charles Jenings appers to have married, secondly, Hannah, daughter of John Chandler, widow successively of Matthew Watts (who died 1716), of Hind Armistead, and of ------ Hawkins, by which last she had Phebe and Mary Hawkins. She calls Anthony Tucker her "brother," and Richard Hawkins in his will, proved 1737, names daughters Mary, Phebe, Eliabeth Read, and sons Anthony Tucker and Thomas Read.* Charles(3) Jenings made his will in 1745, and it was proved August 2, 1748. He names sons Charles(4), John, Thomas, David, and daughters Mary and Ann. There is a tombstone at Hampton of Charles Jenings _______________________________________________________ * Thomas Read or Reade had by Elizabeth Hawkins a son called Hawkins Read. ---------- OLD KECOUGHTAN. 125 (perhaps a son of Charles(4) Jenings), who was born in 1739, and died January 1, 1816. 11. Col. Leonard Yeo was burgess for Elizabeth City in 1644, 1645, 1663 and 1666. Capt. Leonard Yeo and Mrs. Clare Yeo were headrights in a patent in 1652. In 1667, after the Dutch invasion, he was impow- ered by the Council to impress men and materials for mounting eight guns on the fort at Point Comfort. He died during or before 1670, since in the General Court Records for that year it is stated that Charles Moryson had married the relict of Col. Leonard Yeo. In 1691, John Lear patented land in Elizabeth City county in right of his wife Rebecca, said land formerly belonging to Col. Leonard Yeo. In 1690, Leonard Yeo "of the Back River, Elizabeth City" county (probably a son of Col. Leonard Yeo) died and gave all his property to his wife Mary. In 1719-'20, George Yeo, Jr., of Elizabeth City county, married Elinor, widow, first, of Coleman Brough, and, second, of Capt. William Boswell, and mother of Grace Boswell, who married John Selden. He died about 1743 without issue, and with him the Elizabeth City Yeos became ex- tinct. (QUARTERLY, I., p. 157; V., p. 61). Yoe and Lear are both Devonshire names. Peter Lear, of Devonshire, was created a baronet for his loyalty to Charles I., and Leonard Yeo was one of the gentlemen who subscribed for the defence of the country against the Armada in 1588. There was also a Hugh Yeo of Accomac county, burgess in 1663. A deed in Accomac dated February 7, 1680, shows that he died without issue, and that he was son of Justinian Yeo, of Hartland, in Devonshire. Two brothers are mentioned, Richard, the eldest, and Justinian, to whom Richard sold the Virginia estate heired from his brother Hugh. 12. Curle. The records show that there were five persons of the name of Curle living in the county of Elizabeth City at the close of the seventeenth century: Thomas, Pasco and Samuel Curle, brothers; Joshua Curle, probably another brother, and "Thomas Curle, cordwinder," who was of a humbler station in life. The tombstone of the first of these, Thomas Curle, gent., one of the justices of Elizabeth City, lies in the yard of the old church at Pembroke farm, near Hampton, and shows that he was born November 24, 1640, in the parish of St. Michael in Lewis, in the county of Sussex, England, and died May 30, 1700. It bears a coat-of-arms which is described in Burke, "Curle or Kyrle (Lon- don), vert on a chev between three fleurs de lis a cinque foil gu. Crest -- on a mount vert a hedge hog or." He died without issue, leaving his property to his nephews Pasco and Joshua, sons of his brother Pasco Curle, who was justice of the peace in 1688, and one of the three first feoffees of Hampton Town in 1691. Pasco Curle married Sarah --------, and her will was proved March 19, 1713. They had issue (1) Sarah, who married in 1702 her first cousin, Joshua Curle, son of Samuel Curle; (2) Mary, wife in 1713 of Capt. Henry Jenkins, and in 1728 was first wife of Anthony Tucker. She had issue, John Jenkins, Elizabeth Jen- kins and Curle Tucker; (3) Judith, who married John Bailey, and had Nicholas Bailey; (4) Nicholas, son and heir; (5) Pasco, died in 1701 ---------- 126 WILLIAM AND MARY COLLEGE QUARTERLY. under age; (6) Joshua, who, about 1714, married Rosea -------- (she be- came second wife of Anthony Tucker), and had two daughters, Mary, who married William King, and Judith, who married, after 1739, John Herbert; (7) John, died before 1728. Of these, Nicholas Curle married, first, in 1700, Elizabeth Gutherick, daughter of Quintilian Gutherick (QUARTERLY, V., p. 57), and second, Jane Wilson*, who survived him, and married, secondly, James Ricketts, and thirdly, Merritt Sweeney. Nicholas Curle died about 1714, and left issue (1) Wilson, born Decem- ber 18, 1709, (2) Pasco, (3) Jane, (4) Mary, married Alexander Hamil- ton, of Hampton. Wilson Curle was sheriff and burgess in 1738, and married Priscilla Meade, daughter of Andrew Meade, of Nansemond (see Meade's Old Churches, etc., I., p. 293). She married, secondly, Joseph Selden. Wilson Curle had issue, (1) David, (2) Nicholas, (3) Andrew, (4) William Roscow Wilson, (5) Hamilton, (6) Wilson, (7) Jane, (8) Mary. Of these William Roscow Wilson Curle was a dis- tinguished patriot of the Revolution, judge of the Admiralty Court, etc. He married, first, Euphan Wallace, a daughter of Capt. James Wallace (son of Rev. James Wallace). She died in 1773, when Judge Curle married Mary (Kello ?). Issue of Judge Curle, (1) Wilson Curle, who was of age before 1792, and married Lockey (Langhorne ?); (2) Eliza- beth Kello, an infant in 1792, who married Col. Miles Cary, of Oak Hill, Fluvanna county. (See Chancery papers in Williamsburg; Langhorne vs. Curle.) There is a deed recorded at Hampton from Lockey Curle, Miles Cary, of Fluvanna county and Elizabeth S. W. Cary, for land left by Wilson Curle. 13. Moore Family. The Moore family begins with John(1) Moore, who patented 285 acres in Elizabeth City county in 1638. He came to Vir- ginia in the Bona Nova in 1620, at the age of thirty-six. His wife Eliza- beth Moore, came in the Abigail in 1622. They were living at Elizabeth City in 1625 (Hotten). In 1676, Augustine(2) Moore, of the Old Poquo- son, Elizabeth City, patented the land formerly granted to his father, John. He married perhaps twice, first Anne, named in a land grant in 1652, and second, Elizabeth, named in Elizabeth City county records. Augustine Moore died before 1688. He had issue, (1) John, (2) Eliza- beth, who married Capt. John Goodwin, (3) Capt. Augustine(2) Moore, one of the justices of Elizabeth City county, who probably married Mary Woolley, since his wife Mary in 1677, in a deed in Lancaster county, calls ________________________________________________________ *Though the tombstone of Col. William Wilson states that he left "but one daughter surviving," it seems certain that he left two daugh- ters surviving, Mary, who married, first William Roscow; second, Miles Cary; third, Dr. Archibald Blair; and the above named Jane, who had her mother's name, Jane, and married also three times. In Curle vs. Allen, it is stated that Wilson Curle (her son) was grandson and de- visee of Col. William Wilson. And a deed from Thomas Mingham and Ann his wife to John Selden, in 1740, states that the land conveyed was "originally bequeathed by William Wilson to his grandson Wilson Curle." ---------- OLD KECOUGHTAN 127 George Woolley "brother." Edmund Sweeney (died 1697) calls Moore "brother." Issue of Captain Moore(2), John Edward, Merritt, Daniel(4), Martha, married Dixon, Ann, William and Augustine. Of these Daniel(4) Moore lived in York county, married, first, Elizabeth, daughter of James Sclater, second, Mary, daughter of Anthony Watts, and widow of John Lewellin, third, Mary Kerby, widow of Anthony Robinson, Jr. Daniel Moore died in 1767, and his widow, Mary, and son, Augustine, lived at the "Temple Farm," York county, at the time of the surrender of Lord Cornwallis. 14. George Walker, an early resident of Mill Creek, was pilot of James River in 1697. His wife, Elizabeth, was a witness in the above suit. They had issue, (1) Jacob, who married Rebecca Servant, daugh- ter of Bertrand Servant, and had a son George two and a half years old on 27 May, 1697. Parents and child were all dead before 1698. (2) George Walker, who married Ann, daughter of the celebrated preacher and scholar, George Keith. The latter, who had been a leading Quaker, broke with his faith, and returned to the Episcopal Church. In 1702, he was sent to America as a missionary from "The Society for the Propagation of the Gospel." After spending two years in the northern colonies, where he converted many Quakers, he visited Hampton with another minister, Mr. Talbot. There is this entry in his Journal: "Mr Talbot preached at Kirketan, we stayed there about ten days at my daughter's house at Kirketan, by James River; she is fully come off from the Quakers and is a zealous member of the Church of England, and brings up her children, so many of them are as capable through age, in the Christian religion, praised be God for it." George Walker was in 1723 the gunner and storekeeper of Fort Point Comfort, and apears to have been a Quaker. Religious differences arose between him and his wife. The following appers in the Council book: "April 28, 1708. On reading this day in Council the petition of Anne Walker, complaining that George Walker, her husband, violently restrains her from going to church to atend the worship of God according to the established relig- ion, and praying relief therein as well for herself as for such of their children as are come to the use of reason and can give an account of their faith, and on hearing the petitioner and her said husband there- upon, It is the opinion of the Council that the sd Anne ought to enjoy the free exercise of her Religion and that her husband ought not to restrain her from going to church And as to that part of the petition relating to the children, it not appearing of what Age these children nor how far they are capable of choosing a Religion for themselves, This Board do not think proper to determine anything in that matter at this time." Many years after this Samuel Bownas, a Quaker preacher, told of a visit to Hampton in the following language: "George Walker was very kind, invited us to stay at his house which we did about four nights, and had a meeting or two in his house, his wife being more loving than I expected. She was George Keith's daughter, and in her younger days showed great dissatisfaction with Friends, but after her father's death the edge of that bitterness abated and her husband was very loving and --------- 128 WILLIAM AND MARY COLLEGE QUARTERLY. hearty to Friends, frequently having meetings at his house." Bownas stayed at Hampton eleven days, and left there May 29, 1728. George Walker and Anne Keith had issue, (1) Elizabeth, married Stephen Dewey, an eminent lawyer, who qualified as king's attorney of Charles City county in 1740, member of House of Burgesses from Dinwiddie county, and went to North Carolina; (2) Margaret married Thomas Wythe, one of the magistrates of Elizabeth City county, and father of the eminent jurist, George Wythe, who was taught Greek by his mother, and studied law under Mr. Dewey; (3) Jacob, justice, etc., who appears to have married Mary Tucker. Thus in the docket of the General Court (Ludwell papers), there is a suit entitled "Frances Tucker, widow, George Walker and Thomas Wythe, executors of the will of Robert Tucker, deced, vs. Elizabeth Meredith, executrix of Sampson Meredith, deced;" and in Barradall's Law Reports, under date 1740, there is a suit which states that Robert and John Tucker, and Robert and John Cooke were nephews of the testator Tucker, and Jacob Walker's wife was his sister. Jacob Walker and Mary Tucker had issue, a son, George. (4) Helen (I t hink), who married Capt. George Wray, of Hampton, and in a deed (1767) to George Walker, of Mill Creek, son of Jacob Walker, mentions her children, Keith Wray, mariner, George Wray, Jacob Wray, and Anne Stith, wife of John Stith Gent., of Staf- ford county, and James Wray of Dinwiddie count, Gent. In a deed dated 1760, it is stated that George Walker, the younger, was heir at law to his grandfather, George Walker, who patented land in 1720. In the churchyard at Hampton is the tombstone of Capt. George Wray. He died April 9, 1758, in his sixty-first year. It bears the arms ascribed by Burke to Sir Christopher Wray, in the time of Queen Elizabeth. There is a deed in York county from George Wray, of Lon- don, mariner, to Philip Lightfoot dated 1708. George Wythe, of Spotsylvania, attorney at law, on May 3, 1748, sold a negro girl slave to George Wray. George Wythe married, first, Anne (born August 30, 1726), daughter of Zachery Lewis, of Spotsylvania county; second, Elizabeth, daughter of Richard and Eliza (Eggleston) Taliaferro, of "Powhatan," near Williamsburg. He had no issue. (See Hayden, p. 381.) 15. Claiborne Family. (See Genealogy, Virginia Magazine of History and Biography, I., pp. 316 et seq.) The record above seems to show that the wife of Capt. William Claiborne (son of the secretary) was named Elizabeth Tudman. In 1665 there was a grant of land to Mrs. Elizabeth Claiborne, Jr., for 1,000 acres in the freshes of York River. Col. Clai- borne had his residence till about 1661 in Elizabeth City county. After that he removed to Romancoke, five miles above West Point. Col. Wil- liam Claiborne appears to have married, first, Jane Butler; second, Eliz- abeth --------. In 1715, John Butler was living in Elizabeth City county. 16. Col. Thomas Milner was a prominent citizen of Nansemond county, lived there in 1675, was clerk of the House of Burgesses, 1681-'4, and speaker in 1691-'3. He married Mary --------, and his daughter, Mary, born August 6, 1667, married Col. Miles Cary, of Rich Neck, Warwick, OLD KECOUGHTAN. 129 and died October 27, 1700. Col. Milner was dead in 1694 (Elizabeth City county records). There was a Thomas Milner, Jr., who patented lands in Nansemond in 1705. It was doubtless his son Thomas, third of the name in Virginia, that married in 1719-'20 Mary Selden, daughter of Samuel Selden, and Rebecca his wife. (Elizabeth City county records.) They had son Samuel, who died without issue in 1788. In 1755, a public warehouse was ordered to be erected "on the land of Thomas Milner, the younger, and on the western branch of Nansemond River." In 1744, John Milner, surveyor, of Nansemond, laid out the town of Suffolk, He was living in 1755. George Milner was one of BAcon's supporters in 1676, and was at the surrender of West Point, in January, 1677. (See Grantham's Memorable Actions, and Hening's Statutes, etc., II., p. 384.) Major Thomas Cary, of Warwick county, married Anne Milner, daughter of Francis Milner, sheriff of Nansemond county. Capt. Nathaniel Milner is mentioned in the York records in 1695, and John Timson names in his will (1709) "Aunt Elizabeth Milner." The Milner arms on the tomb of Mary, first wife of Miles Cary, of War- wick county, are the same as those borne by the Milners of Yorkshire and Lincolnshire, viz.: Per pale or and sable, a chevron between three horse- bits counterchanged. Crest: A horse's head couped, or bridled and maned or. James Milner was a witness to a writing in Chesterfield about 1775. Mr. R. A. Brock has an armorial book plate of this James Milner. 17. Thomas Hall, clerk of New Kent, was executed by Sir William Berkeley, who said that he was worth to Nathaniel Bacon, Jr., "forty armed men," because of his facility with his pen. SOME ADDITIONAL ELIZABETH CITY PEOPLE. Jenkins. The first of this family was Capt. Henry Jenkins, who is 1695 was "a justice of the quorum, and commander-in-chief for ye county of Elizabeth City." The same year, the jury, Pasco Dunn, foreman, fined Robert Taylor twenty pounds sterling, and sentenced him to three months' imprisonment for saying, at hearing of Capt. Jenkins' loss of some negroes, that "pride must have a fall," and that "if he had paid his just debts he would not have one negro to help himself." These "slanderous and infamous words," said Capt. Jenkins, were "directly contrary to an act of Assembly entitled 'an act of free and general par- don, indemnity and oblivion,' at the latter clause of the act (fol. 25), and subjected him to the "scoffs and derisions of all people," notwith- standing "the civil and military offices which his Excellency had com- mitted to him." From this it would seem that Capt. Jenkins had been a supporter of Bacon in 1676. His will was proved in Elizabeth City county September 24, 1698. After giving fifty pounds sterling a piece to his brother Daniel Jenkins and sister Mary Jenkins, als. Lewis, he gave the rest of his estate to his son Henry, and his nephew Daniel, his brother Daniel's son. Deeds recorded in York county show that his brother Daniel Jenkins, Gent., was then living in the city of Dublin with ---------- 130 WILLIAM AND MARY COLLEGE QUARTERLY. his son Daniel. Henry Jenkins, Jr., was justice, etc., of Elizabeth City county, and married Mary Curle, by whom he had John and Mary Jen- kins. There wre two other children, Henry Jenkins, mariner, who was eldest son of his father, and Lewis Jenkins, of Currituck county, N. C., who in 1740 made a deed for land in Elizabeth City county, formerly owned by his father Henry, to his brother John Jenkins. Wallace. Rev. James(1) Wallace was born in Error, Perthshire, Scot- land 1667, and died in Elizabeth City county, Va., at his home, "Erroll," on Back River, Nov. 3, 1712. His tombstone,* bearing his coat-of- arms, is still to be seen there. He served for twenty-one years as min- ister of Elizabeth City, and practiced physic also. He married Anne ------, widow first of Quintilian Gutherick, and second of Thomas Wythe (son of Thomas Wythe, the emigrant), grandfather of George Wythe. Rev. James Wallace obtained July 11, 1695, a license to marry Anne Wythe, and their issue were, (1) Euphan, born in 1696, and died April 22, 1717, widow of Capt. Wilson Roscow, and first wife of Col. William Dandridge; (2) Anne, who married Col. Robert Armistead (son of William, son of Anthony, son of William, who came to Virginia about 1635); (3) a daughter, who married Ballard; (4) Mary, married Wil- liam Westwood; (5) John, died about 1724; (6) James(2). This last married Martha ---------, and her will was proved in 1768, according to which they had (1) Robert, student at William and Mary College in 1753, who had James and Wilson; (2) Martha, married [Thomas] Tabb; (3) Elizabeth, married John Selden; (4) Mary, who married Richard Ball, of Lancaster (see Hayden's Virginia Genealogies, p. 102); (5) Euphan, married Judge William Roscow Wilson Curle (his first wife); (6) Anne, who married George Wray, Jr.; (7) (Captain) James(2), stu- dent at William and Mary College in 1757, burgess for Elizabeth City county, 1769 and 1772, justice of the county, and member of the County Committee in 1775. He married Elizabeth Westwood, daughter of Wil- liam Westwood, and had issue, (1) Robert, student at William and Mary College in 1775, died in 1789, issueless; (2) James Westwood(4); (3) William Westwood; (4) Martha; (5) Euphan (who married, first, Bailey Washington, of Stafford county; second, Daniel Carroll Brent, of Stafford), died March 28, 1845, aged about eighty-one; (6) Elizabeth, married John McCrea; (7) Mary. Elizabeth Wallace, widow of James(2) Wallace, married, secondly, Hon. Thomson Mason, of Stafford county, and appears to have had two sons, Westwood Thomson Mason and William Temple Thomson Mason. He had by a previous marriage Stevens and John Thomson Mason. In his will, which was proved September 26, 1784, he ordered that "neither of his two younger sons s hall reside on the south side of James River or below Williamsburg, before they respectively attain the age of twenty- one years, lest they should imbibe more exalted notions of their own _________________________________________________________ *The Wallace arms, as shown on the tombstone of Rev. James Wal- lace, on Back River, are: A lion rampant. Crest: An ostrich holding in his beak a horseshoe, ppr. ---------- OLD KECOUGHTAN. 131 that I should wish any child of mine to possess." James Westwood(4) Wallace (James(8), James(2), James(1)) was an M. D. of Edinburgh Univer- sity, and he died September 1, 1838, in Warrenton, Fauguier county, aged sixty-nine. He had eight children by Elizbeth Edmonds his wife, of whom were James Westwood Mason Wallace, M.d. (died near War- renton, Fauquier county, Novembe 5, 1833, aged thirty-eight), John Robert Wallace, attorney at law and United States Marshall, Benjamin Rush Wallace, attorney at law; Edwin E. Wallace, attorney at law; William Westwood Wallace, died in Texas at an advanced age some years ago. Westwood. Worlich(1) Westwood was a resident of Elizabeth City county, in 1695, and kept an ordinary in Hampton Town. He was doubtless a son of James Westwood, mentioned in the York records as deceased in 1660. His grandfather was doubtless William Woolly, or Worlich, or Worledge, or Woolritch, of Elizabeth City county, who came to Virginia in the Bona Nova in 1622, aged fifteen, and in 1625 was in the employment of Francis Chamberlin of Elizabeth City (Hotten's List of Emigrants to America). William Worlich was a member of the House of Burgesses for Elizabeth City in 1644, 1649, 1654, and 1659, and perhaps other years. He had the title of lieutenant-colonel of the militia of Elizabeth City county. His supposed grandson, Worlich Westwood, married Elizabeth, daughter of William Naylor. He died before 1702, when the widow, Elizabeth, married Charles Jenings, Jr. Worlich Westwood had, at least, one child, (1) Mary, by this marriage, men- tioned in the will of William Naylor, and two other children; (2) Eliza- beth, who married Col. Anthony Armistead; (3) William(2) Westwood. This last married Mary (mentioned in a deed in 1728), who appears to have been a daughter of Rev. James Wallace and Anne his wife, for the latter (Anne Wallace) in her will (proved in 1740) speaks of her grandchildren, Mary Westwood and James Westwood. He was a mem- ber of the House of Burgesses in 1736, 1748 and 1752. His will was proved in May 1770. He had issue, (1) William(2), who studied at Wil- liam and Mary College in 1759; (2) Worlich, member of County Com- mittee in 1775, conventions of 1774, 1775 and 1788, member House of Delegates, etc; (3) Mary, who married Col. Robert Armistead, of Louisa county; (4) Elizabeth, who married Capt. James Wallace, grandson of Rev. James Wallace, of "Erroll," on Back River; (5) Martha, (6) James, who married Elizabeth ----------, and had Capt. Merritt Westwood, and daughters Sarah and Ann; (7) Rachel, who married Henry King. Of these William(2) Westwood married Ann Stith, daugher, it is believed, of Capt. John Stith, of Charles City, and his will was proved in 1782. He had issue, (1) William, (2) John Stith, "born in 1766, and died May 16, 1836, aged seventy-two," when W. T. Westwood, now (1900) town clerk of Hampton, was but two years old. John Stith(4) Westwood was married three times, and W. T.(5) Westwood was child of last marriage with Elizabeth Stanworth. John Stith Westwood was a member of House of Delegates in 1804-'5, and was a justice of the peace in 1802.