CAPTAIN JOHN UTIE, OF UTIMARIA, ESQ.; Wm. and Mary Qrtly., Vol. 4, No. 1 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 *********************************************************************** CAPTAIN JOHN UTIE, OF UTIMARIA, ESQ. In light of the manuscripts in the British archives which in recent years have so vastly increased our knowledge of Colonial Virginia, the event known as Harvey's "Deposition" from the government assumes an importance second to none in American history. It was the culmination of the noble protest of William Claiborne against the spoliation of Virginia territory by the grant to Lord Baltimore. There was something monumentally audacious in the seizure of the Governor and returning him back to the master who sent him; and any further light, therefore, upon the prime Page 53. actor of the measure must be interesting. This man was Captain John Utie, of the Virginia Council, who at the Council Board retorted the charge of treason on Harvey, and thus was the first to take a decisive step towards his arrest. It has recently been found that the wife of Richard Bennett in 1641 was Mary Anne Utie, and she perhaps was a daughter of Captain John Utie. But if so, she must have been lately married, as in 1625 John Utie was living on Hogg Island with only his wife Anne and son John. She is referred to, however, as "lately Mary Anne Utie". Captain John Utie patented 100 acres in 1624 in Chippoak's Creek in Surry county. He was then called "Ensign Utie". Burgess for plantations between Archer's Hope and Martin's Hundred, October, 1629; for Hogg Island, 1629-'30; member of the Council 1631- '35, with the title of captain; in 1632 received 600 acres for planting Chiskiack. He settled at the mouth of King's Creek, and called his home "Utimaria". One of the first justices of York county, court being frequently held at his place. A patent of John Utie, "son and heir of Capt. John Utie, dec'd", shows that he died in 1639, or before it. There are several joint deeds ofJohn Utie, Jr. (whose wife was Mary), and Robert Booth (clerk of York county) for land in "Utimaria," on King's Creek neck. In 1658 Richard and Mary Anne Bennett, of Nansemond county, made a deed for land in Essex county. (Hotten's Immigrants; Hening's Statutes; Norfolk, Essex, and York counties' Records). John Utie, Jr., disappears from the Virginia records about 1645, and soon after the names of Nathaniel Utie, who became Councillor, and George Utie, his brother, appear in Maryland, to which they may have emigrated, as did hundreds of the party of Claiborne and Bennett. It appears, too, that a daughter of George Utie was called Mary Anne Utie. Professor Christopher Johnston has made a very full search in the Maryland records and his work is given below, with the following commentary by him: "You will observe that Richard Bennett assigns (20 Oct. 1658,) to Nathl Utie 350 acres in Town Neck, Ann Arundel Co. - This land was composed of a number of grants - head-rights as you call them in Virginia - to persons who had settled there during the Puritan immigration, and which had been acquired by Bennett. The connection of Bennett & Utie here seems to bear out the theory of the former's marriage with Mary Ann Utie; as does also the deed from Nathl & Mary Utie (16 April, 1663) to Richd Bennett, Jr. "I cannot exactly place Bernard Utie, although hemust have been a relative. He was certainly living in Baltimore county as early as 1668, and died in April 1675. His "cousins" Jean, John, and Nathaniel Overton were proba- Page 54. bly his niece and nephews, and his "brother" Thomas Overton may have been his half-brother or may have married his sister. Note especially the name Nathaniel Overton, who may have been named for Col. Nathaniel Utie. It seems pretty clear that Bernard must have been either brother or nephew of Col. Nathaniel and George Utie, but evidence is wanting to establish the relationship more precisely, and without evidence conjectures are useless". MARYLAND LAND OFFICE - ANNAPOLIS. Warrant to resurvey 350 acres, in Town Neck, Anne Arundel Co., assigned by Richard Bennett Esq. to Nathaniel Utie - 20 Octr, 1658. Lib Q. fol. 385. Grant of "Utiesly", 300 acres, on Sassafras River, to Nathaniel Utye - 15 Jany, 1658-9. Lib Q. fol. 299. Grant of "Oakington", 800 acres, to Col. Nathaniel Utie - 15 Feby, 1659. Lib 4, fol. 453. Grant of "Spesutia Island", 2300 acres, to Col. Nathaniel Utie - 9 Augt, 1661. Lib 4, fol. 576. Marriage Settlement - Coll. Nathaniel Utye of the Province of Maryland to John Carter Esq(1) of the County of Lancaster in Virginia - Said Nathaniel Utye being about to marry Elizabeth, daughter of said John Carter, settles on her one third of all his property real and personal secured on his manor of Spesutia, 18 Jany, 1667. Recorded 20 April, 1669. Lib. C.D. fol. 3-4 Patent for "Utye's Rumley", 300 acres, to George Utye, brother and assignee of Nathaniel Utye - 4 Jany, 1658-9. Lib. Q. fol. 235. Mary Utie, relict of Lawrence Ward, surrenders certain land patents 10 Septr., 1663. Lib B. B. fol. 131. LAND RECORDS - BALTIMORE COUNTY. Nathaniel Utie & Elizabeth his wife to Edward Bedwell - 500 acres part of "Oakington" - 6 April, 1668. Lib I. R. no. P. P. fol. 68. Nathaniel & Mary Utie of Spesutia, Baltimore Conty, to Richard Bennett Jr., of said County - tract called "Green Oake" on Sassafras River, on the Eastern Shore - 16 April, 1663 - wits George Utie, Jon Browne. Lib I.R. no. P. P. fol. 63. Nathaniel Utie of Baltimore Co. Gent, to Rutten Garrett of said County planter 300 acres, part of "Oakington" - 2 March, 1672. Lib. T. R. no. R. A. fol. 73. ________________________________________________________________________ (1)The will of John Carter, dated January 3d, 1669, and proved in Lancaster court, VA., January 9, 1722, devises his lands to his dau. Elizabeth Utie, if his sons should die without heirs. - Editor. Page 55. The Hon. Col. Nathaniel Utie & Elizabeth his wife of Spesutia, Baltimore Co., to Edw. Beedle of said county, planter - 190 acres, part of Carter's Rest (a tract of 400 acres patented to Col. Edwd Carter, 4 March 1661) - 29 May 1675. Lib. T. R. no. R. A. fol. 268. The Hon. Col. Nathaniel Utie & Elizabeth, his wife, of Spesutia in Baltimore Co., Md., to Robert Jones of said County planter, 90 acres part of Carter's Rest - 29 May, 1675. Lib. T. R. no. R. A. fol. 273. The Hon. Col. Nathaniel Utie of Spesutia of the county of Baltimore, in the Province of Maryland Esquire, and Elizabeth his wife to Rutten Garrett - 180 acres part of Carter's Rest - 29 May, 1675 Lib. I. R. no. P. P. fol. 2 ST GEORGE'S PARISH RECORDS, BALTIMORE (NOW HARFORD) COUNTY. John Hall & Martha Gouldsmith married 18 July, 1693. Susanna daughter of George Utie, born 24 Septr, 1695. Mary Utie buried at "The Level", 30 April, 1697. BALTIMORE CONTY LAND RECORDS. Hendrick Hendrickson of Baltimore Co., & Juniper his wife to Wm Howard, Bernard Utie a witness 3 Augt, 1668. Lib. I. R. no. P. P. fol. 69. John Muscord and Matthew Knivington of Baltimore Co. planters, to Barnard Utie of same Co. "Beaver Neck" 300 acres. 2 Augt, 1673. Lib I. R. no. R. A. fol. 126. John Hall and Martha his wife, and Mary Utie ("which said Martha and Mary were Daughters and Coheirs of Edwd Bedell late of this County Deceased") to Thomas Browne of said County - 500 acres, part of Oakington, conveyed by Nathl Utie and Elizabeth, his wife to the afore- said Edwd Bedell 6 April, 1668. 30 Decr, 1696. Lib I. S. no. I. K, fol. 80. Know all men by these prsents That I John Hall who Intermarried with Martha Gouldsmith one of the daughters and admrs of Edward Beedle late of this County of Baltimore deced doe by these presents absolutely acquitt and discharge Mary Utie the other coheir and adminr of the aforesaid Edward Beedle from all the prsonal estate of the aforesaid Beedle's not already received by us the said John Hall and my wife Martha (Tobacco debts excepted) &c., &c., &c. 30 Decr, 1696-'7. Lib I. S. no. I. K. fol. 245. Page 56. REGISTER OF WILLS OFFICE - ANNAPOLIS. 18 Jany, 1675-'6 - Elizabeth Uty of Baltimore County took out letters of administration on the estate of her husband Col. Nathl Utye late of said County dec'd. Test Proc. Lib. 7. fol. 206. Bernard Utie of Baltimore Co. will dated 3 April, 1675 - proved 4 May, 1675 - Cousin Jean Overton - Cousin John Overton - friend Henry Haselwood - Cousin Nathaniel Overton - Loving brother Thomas Overton, execr - witnesses Edwd Jackson, Richd Goodwine. Wills. Lib 2. fol. 54. 20 April, 1677 - Came Thos Overton of Baltimore County, executor of the last will & Testament of Bernard Utie, his brother, late of the same County deceased, & exhibited his assoc & c &c. Test. Proces. Lib. 9. fol. 66. Mary Utie of Baltimore County - will dated 29 April, 1697 - proved 4 May, 1697 - daughter Susanna Utie (under 16) - sister Martha Hall - brother John Hall - mother Susanna Richardson - dear friend Daniel Palmer - Caveat - (fol. 257) - Susanna Utie is an infant 1 1/2 years old - Mary Utie was widow of George Utie who died intestate. Wills. Lib. 7. fol. 256-257. 17 Jany, 1694 - Administration Bond of George Utie's Estate late of Baltimore County deceased - Mary Utie his wife adminr. Test Procgs Lib. 16. fol. 120. BALTIMORE COUNTY LAND RECORDS. 30 Decr, 1696. John Hall and Martha his wife (one of the daughters and coheirs of Edwd Beedle late of Baltimore Co. dec'd) to Mary Utie relict of George Utie late of this County dec'd. Sister and Coheir with Martha Beedle daughter of Edward Beedle, as aforeaid - 130 acres, part of "Carter's Rest", sold by Col. Nathl Utie to Edwd Beedle, 39 May, 1670. Lib I. S. no. I. K. fo. 241. George Uty of Baltimore Co. Gent. & Mary his wife to George Wells of the County aforesaid Gent. 300 acres, half of a tract, called "Planter's Delight", formerly laid out for John Hawkins and Thomas Goldsmith on the West side of Chesapeake Bay, which became the property of George Uty by descent, - in exchange for a tract of 400 acres called "Benjamin's Choice". 7 Augt, 1694. Daniel Palmer attorney for Mary Utie. Lib. R. M. no. H. S. fol. 407. Page 57. George Wells of Baltimore County Gent. and Blanche his wife to above parties - 400 acres "Benjamin's Choice", in exchange for 300 acres, half of "Planter's Delight" - 7 Augt, 1694. Lib. R. M. no. H. S. fol. 409. 2 Jany, 1685. Petition of George Uty by Mark Richardson of Baltimore county his guardian. Recited that Nathaniel Utie late of Baltimnore co. decd., uncle of the petitioner, left one child John Utie lately deceased. The widow and administratrix of Nathaniel Utie has married Capt. Henry Johnson. Testamy Procgs Lib. 13. fol. 273. REGISTER OF WILLS OFFICE - BALTIMORE COUNTY. George Utie of Baltimore County, will dated 11 Sepr 1674 - proved 24 Oct. 1678 - wife Susanna - three children, George (under 14), Mary Ann and Bethya (both under 16) - brother Mr. Nathaniel Utye - Loving friend Capt Thos. Long. Lib. 1. fol. 59. Mark Richardson of Baltimore County - will dated 8 Jany, 1701, proved 27 Feby, 1704-'5 - To wife Susanna Richardson whole estate real and personal during her life, and after her death to daughter-in-law Bethya Phillips - wife Susanna Richardson and son-in-law James Phillips executors. Lib. 1. fol. 46. Joanna Gouldsmith of Baltimore County - will dated 4 Octr, 1684 - proved 9 May, 1687 - daughter Blanche Wells wife of Mr. George Wells - daughter Susanna Ricahrdson "now wife to Mr. Marke Ricahrdson" - deceased husband Samuel Gouldsmith - daughter Susanna Richardson execr and residuary legatee. Lib. 1. fol. 53. Page 58. UTIE Mary, wid of = Col. Nathaniel = Elizabeth. dua. of George Utie, d. 1678 = Susanna. dau. of Samuel Gould- = Mark Richardson, d. 1704-'5. Lawrence Ware Utie, died 1675 Col. Jno. Carter. smith. living 1663, died before 1667. George Utie = Mary, dau. of Edw'd Mary Ann Utie Bethya Utie - James Phillips d. 1695. Beedle, buried 30th April, 1697. Susanna Utie, b. 24th Sep. 1695 Samuel Gouldsmith - Joanna, d. 1687. George Utie - Susanna Gouldsmith = Mark Richard- Blanche Gouldsmith = George Wells b. 1678 son, d. 1705-'5. Edward Beedle = Mary Beedle = George Utie, d. 1695 Martha Beedle = 1 George Gouldsmith buried 30th d. 1692 April, 1697. 2 John Hall, buried 18th July, 1693.