Washington and His Neighbors; Wm. and Mary Qrtly., Vol. 4, 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 *********************************************************************** Washington and His Neighbors Lyon G. Tyler William and Mary College Quarterly Historical Magazine, Vol. 4, No. 2, (Oct., 1895), pp. 75-89. WILLIAM AND MARY COLLEGE QUARTERLY HISTORICAL MAGAZINE VOL. IV. OCTOBER, 1895 NO. 2 WASHINGTON AND HIS NEIGHBORS BY THE EDITOR. (Continued from last Number). [SOME INTERESTING DOCUMENTS FROM THE RECORDS]. January 25th 1652 - Northumberland County(1) Mr. Walter Brodhurst The Court doth ordr that Mr Nathaniel Pope Atturney of agt. Mr Nicholas Hayward of London Mercht shall out of the Mr Pope said Mr Hayward's estate make present paymt of Two thousand pounds of Tobco & charges unto Mr Walter Brodhurst for being generall Atturney unto the said Mr Hayward in the yeare 1651 als Execucon. At a Court held for y County of Northumberland the 21th of July 1656 Present Collo John Trussell Mr James Hawley Mr Hugh Lee Mr Wm Thomas Comrs Mr Matth: Rhodon Mr Waltr Brodhurst Whereas it doth appear unto the Court that Abraham Moone agt standeth indebted unto Mr Walter Brodhurst the assigness of Jno Curtis Adtor Corbett Pedle the sume of five hundred & thirty pounds of of Abra: Moone tobacco & coste by bill. The court doth therefore ordr with consent that John Curtis Adtor of the Estate of the said Moone shall by the tenth of November next make paymt of the said debt unto the said Mr Brodhurst out of the deceaseds Estate according to order als Execucon. Col. Pope's Gift to Ann Pope, alias Washington - Westmoreland County. Mr Haywards May 10th 1659 To all &c To whom &c. now know yee that I Samuell Pattent-assig- Mathewes esqr Governor & Captn Generall of Virginia doe wth y ned by Mr Dod- Consent of ye Councell of State Accordingly give & grant unto man to Mr Pope Nicholas Hayward gentl Seven hundred Acres of Land situate Lyeing & beeing in ye County of Westmoreland & upon ye south side of Potomack River Bounding viz: Six hundred Acres pt thereof begininge at a marked white oake standing on ye Eastward side of a vally and upon ye East side of a Creeke Commonly Called Hallowes Creeke ____________________________________________________________________________ (1) The extracts from the Northumberland County records were kindly furnished me by William S. Cralle, Clerk of the County Court. Page 76. south by west somethinge southerly to a marked Red oake standing on ye North side of a Smalle Runn of water 320 poles & from y first menconed oake even & nigh ye said Creeke West 300 poles to a makred white oake standing on ye westward side of a valley & Right over against a pointe butting into ye said Creeke called by ye name of ye wadeing place into ye maine woods south westerly 320 poles & from thence East 300 poles to ye second menconed oake tree And one hundred Acres ye Residue bounding Northerly upon ye aforesaid Land Easterly Southerly & westerly upon ye maine woods. The said Land beeing due unto ye said Nicholas Hayward as followeth vizt Six hundred Acres hereof being formerly granted by pattent Dated y 30th of January 1650 unto John Hallowes gentl & by ye said Hallowes Assigned unto John Kinge & by John Pitt Attorney of ye said Kinge assigned unto John Dodman and ;by ye said Dodman assigned unto ye said Nicholas Hayward & One hundred ye Residue by & for ye transpotacon of two psonns into this Collony whose names are in y Records menconed under this pattents. To have and to hold &c. Given under Our hands at James Citty this 6th Day of Octob 1658. SAMUELL MATHEWS WILLIAM CLAIBORNE Secty. Mr Pope his Know all men by these prsents that I Nathaniell Pope gentl of y Conveighance County of Westmorld in Virginia for divers good Causes & Con- to Mrs Ann sideracons mee thereunto moveing as alsoe for my naturall affection Washington to my Daughter Ann Pople alias Washington Doe by these prsents conveigh away alien & Make over unto Mr John Dodman & Willm Hardich onely as feoffees in trust & for ye onely use & behoffe & availe of my aforesaid Daughter Ann Washington & her heires all my Right, Title & Interest in this wthin pattent To have & To hold ye said Land to her my said Daughter Ann Washington & her heires forever. In witness whereof I have hereunto sett my hand this 11th day of May 1659. Testes: NATHANIELL POPE. Vallentine Peyton James Balldridge Acknowledged in Court & Recorded ye day & yeere above written -- WILL OF WALTER BRODHURST - WESTMORELAND COUNTY. In ye Name of God Amen I Wallter Brodhurst beeing in perfect memory doe make my Last Will & Testament: first I bequeath my soule to Allmighty God & my bodye to y earth from whence it came to bee Decently buried secondly I doe make my Loveing wife Ann Brodhurst my Executrix of what estate I have in this Country of Virginia except my land ye which I Doe bequeath to my * * Gerrard Brodhurst wheresoever ye said Land bee situate lying or beeing as well in Nomeni as in any other place of this Country of Virginia & in Case my said sonn Gerrard shall Dye wthout Issue y said Land I doe hereby give to my Sonn Walter Brodhurst & in Case boeth my said Sonns shall soe Dye wthout Issue I Doe hereby bequeath all ye said Land to my Daughter Elizabeth Brodhurst. Allsoe so long as my wife Continues a Widow It is my Will that shee shall have all my Land for her use & y whole stock untill my said sonns come of age & if my said Wife Doe happen to marry Page 77. I Doe hereby Constitute & make Mr Thomas Gerrard, Mr Nathaniell Pope, Mr Robert Slye overseeres of my children but my said wife to have ye said stock Remaine in her hands provided my said wife yield yeerely an accompt ofye same to ye said Overseeres for ye onely use & behoof of my said chilldren untill they shall come of age & to take theyre audite for ye mainteyning & bringing them up & they ye said Children to bee in tuition & disposing of my said wife allsoe my Desire is that what I may have left in England my wife may have ye disposal thereof wth ye advise of my overseers onely for ye use of my said children. In wittness whereof I ye said Walter Brodhurst have hereunto sett my hand & seale this twentie sixth day of January In ye yeere of Our Lord 1658. Signed & sealed WALTER BRODHURST. in y prsence of Seale. us, Ellen Payton John Rynes This Will & Testamt of Mr Wallter Brodhurst was proved by ye testimonees above specified at a Court held at ye house of ye said Mr Brodhurst ye 12th day of February 1658 & then recorded. At a Court held for ye County of Northumberland ye 20th of 7ber 1659 Present Lt. Coll: Samll Smyth Capt Peter Ashton Mr Tho: Hopkins Comrs Capt Richard Budd Mr Wm Pressly Mrs. Anne Brodhurst Whereas it doth appeare unto ye court by the oath of Mrs Anne agt. Brodhurst the Relict and Administratrix of Walter Brodhurst decd Capt Peter Lefebur that Capt Peter Lefebur is indebted unto the Estate of the sd Mr Brodhurst for three or four months accommodacon for himself his wife & children both of house roome & dyett. It is therefore ordered that the sd Capt Peter Lefebur shall by the 20th of 9ber next may paym of one thousand pounds of Tobacco & caske unto the sd Mrs Anne Brodhurst wth costs of suit als Execucon: Provided alwaies & it is further ordered that if the said Capt Lefebur can by the next 9br court make it appear that hee hath made satisfacon for his accomo- dacon as aforesd or any pt thereof, the same shall be allowed him & abated notwithstanding this order, otherwise to stand in full force as aforesaid. Letter of Anna Bernard(1). "Anna Bernard her lre to Mr Walter Brodhurst" Noble Sr I give you many thanks for your care of my business. I cannot resolve of my comeing to Potomac myselfe till ye return of ye shipps whch makes me desire you will be pleased to have that Land seated for _______________________________________ (1) Anna Bernard was the wife of Richard Bernard, whose daughter, Anna, referred to in the letter, married Major John Smith, Speaker of the House, first a resident of Warwick and then of Gloucester county. Ther Bernards at this time were living at York. They removed afterwards to "Purton" in Gloucester, and Petsworth parish was clearly named by them, as the family was from Petsworth parish, England. Page 78. me. I will give a hundred acres to any honest man forever to seat it. I should be glad of a good neighbour but desire this hundred acres may lay with * * * me or * * ide of this tract of Land & not hinder * * * * lye betweene me & ye River the * * will be my pleasure Sr I shall wholly * * * for ye seating of this Land & I am confident yt you will do this for me as for yourselfe. I love to have what is mine entire so that I may not trespass my neighbour nor he, in what charge you are at in my businesses these lines shall oblige me to pay & your love & care I shall ever study ye best way of returning I give Mrs. Brodhurst many thanks for accepting soe poor a token & I should be gladd of a good occasion to draw you & Mrs Brodhurst into these parts that I might not only enjoy your company but pay part of ye respect I owe you. My service waits on yu both my daughter Anna Smith presents her services to you both and Sr I am your most humble servant Anna Bernard. Sr I must seate this land this year therefore pray let me have timely notice. 20 ffeb: 1653 This Lre was proved. Will of Nathaniel Pope. In the name of God Amen I Nathaniel * * of Appomattox in ye county of Westmoreland in y collony of ** being in perfect minde & memory & haveing a Resol * * * for England this prsent shipping & knowing ye dangers * * as waies now stand & ye uncertainty of man's Life Mke this my Last will & Testamt in Manner form following Imprmis I give & bequeath my soule into ye hands of Almighty God my most mercifull & loving Father hopeing through ye death passion & Resurrection of Jesus Christ my alone Saviour & Redeemer hee will Receive it into everlasting happiness this miserable life is ended And as for my body I submit to be disposed of as god pleases whether my Land or water And for that portion of Estate & goods wch god of his mercy hath blessed me wth all in this Life I give & bequeath as followeth Imprimis I give & bequeath unto my sonn Thomas Pope my land & plantation situate upon y cliffts to him & his heirs forever Item I give unto ye aforesaid Thomas Pope five Cowes or heifers to bee delivered unto him when he shall come to the age of one & twenty years or day of Marriage wch shall first happen. Item I give & bequeath unto my son Nathaniell pope all that Land & plantation whereon I now Live & am seated wth all ye buildings & edi(fices) thereunto belonging to him & his heirs forever. And if in case my sonn Thomas shall dye whom I doe make my whole & sole executor of this my last will & Testamt then my will & meaning is that my sonn Nathaniel shall survive him to bee my whole & sole executor. Item I give unto my son Nathaniel Pope aforesaid more that my whole estate of Land lyeing at ye heade of Appomattox Creeke as by pattent will appeare Containeing by estimation one thousand & six ** Acres bee it more or less to him & his heirs forever And fo(rasmuch) it is my will & desire that my wife Lucy Pope shall h(ave the) whole aforementioned seat of Land whereon I now life (tog)ether wth ye servants & cattle & good thereunto belon(ging as) long as please god she shall Live And in Case m (wife) should marry then my will & meaning is that my (Executor) give her twenty Thousand weight of Tobac ** & ye aforesaid goods & cattle & Land give ** to goe to my sayd executor. Item I give * * * John Washington that summe of money wch * * unto me by a bill Page 79. under his hand for ye * * ing eighty pounds sterl Item I give * * * one mare. Item I doe give to my sonn * * Item I doe give unto my sonn in Law * * * mare. Item I doe give unto my sonn * * * one stone horse & further I doe des * * my executor to pay unto my sonn in ** Two hundred pounds that I stande on * * * of my estate in England to bee payt a * * * & what of my estate * * in bonds shall be * * *. I doe give unto my Executor Thomas pope * * for all man(ner) of bills bonds accompts debts Cattle Chattels household stuffe & all whatsoever moveables of my estate undisposed of I doe give unto my sonn Thomas & my son Nathaniell to bee equaly divided between them both to bee divided when ye eldest of them shall come of age. In witnesse that this is my last will & Testamt I ye said Nathaniell pope have sett to my hande & seale this sixteenth of May in the yeare of our Lord God one thousand six hundred fifty-nine. Signed sealed & delivered NATHANIELL POPE(1) seale & Acknowledged to bee ye Last Will & Testamt of Nathaniell Pope in ye Presence of us Jno Rosier Laurence Washington John Washington William Hardich April ye 26th 1660. Mr. John Rosier made oath that coll Nathaniell Pope did owne & averred this for his Last Will & Testamt & that hee knew of no other or later will. Jurat in curia westmerlaneia die et anno prdict. This will was proved in ye County Court of Westmold by ye oathes of Mr Jno Rosier & Mr William Hardich witnesses subscribed thereto. The Civil Commission of Westmoreland County in 1661. At a Grand Assembly held at James City March ye 27th 1661: Whereas by ye Removiall of severall persons formerly Intrusted wth ye power Civill & Military in Westmoreld County ye Commission of the County is much weakened & ye present Condition of County Requires uninterested persons to be intrusted therewith. It is thought fitt by ye grand Assembly uppun ye Report of ye Committee of ye Indian Business and it is accordingly ordered that Westmorld & Northumberland bee one County & that ye Commissioners of Northumberland & ye Remaining Commissioners of Westmoreld bee on Commission Civill & Millitary provided that if ye Right honoble Governor shall think fitt that they still continue as formerly then that hee appoint enough persons to compleate Westmorld Commission as hee shall [think] capable & fitt for ye same. October ye 29 1662. Mr Sam: Hayward's Acquittance to Major Dodman: Know all men by these presents that I Samuell Hayward of Choetank Attor- ____________________________________________________ (1) An abstract made of this will several years earlier by W.G. Stanard identifies the sons- in-law of Pope mentioned in his will as John Washington and William Hardwich. The paper of the book is excessively rotten, and has been much impaired since. Page 80. ney of my father Nicholas Hayward of London Mercht doe P verture of my letter of Attorney Recorded in Westmorld County Court upon ye 29th Instant freely Release Acquitt discharge & forgive Mr. John Dodman of upper Mattchotick gentle his heires executors Administrators & Assigns Sales Returns lands barganing & from all & everey thinge negotiations or affaires that hath P himself or his Attorney beene transacted Concerneing my father or self from ye begining of ye world to ye dat hereof. Witness my hand this 30th of octobr 1661. SAM HAYWARD. In prsence of us John Washington Octobr ye 30th 1662 Daniell Hutt. Commission of the Peace. "Thomas Ludwell Esqr Secretary of State & coll Jno Carter Esq. both of his Maties Council by commission dated 24 June 1662 wsere empowered to settle ye Contyes of Westmorland & North- umberld determine that they be distinct their bounds to remain as before 23th march last & appoint the Commission for Westmrland Capt Peter Ashton Collonell Gerrard ffowke Lt Coll Valentine Peyton Major John Dodman Mr William Pierce Mr John Washington Mr Augustine Hull & Mr Isaac Allerton justices of the peace to determine all causes '&c' not touching life or member" - 7 Aug 1662. Mr. John ffrodeshan, Mr Robert Vaulx, Mr. Tho. Yowell added to the commission of Westmore- land county - Letter of Gov. Berkeley march 19, 1672-3. 5 March 1672/3 - Anthony Bridges comd clerk by Thomas Ludwell, Secretary of State. 29 March 1672-3. - Westmoreland comicon Lt Coll John Washington Majr William Pierce Majr Isaac Allerton Capt John Lee, Mr John Appleton Mr John Lord Capt John Ashton Capt Thomas Philpot Mr William Storke Mr Robert Jadwin. 4 Nov. 1677. - Herbert Jeffreys Esq commission of the peace to Major William Pierce, Major Isaac Allerton, Mr John Lord, Mr Danll Lisson and Mr Tho: Kerton to be of the quorum, Mr Tho. Yowell, Mr Robert Vaulx, Mr John Gerrard, Mr William Horton & Mr Clement Spellman. "A coppy of ye Register of Christnings & Burialls in Appomattocks Parish in ye County of Westmorld 1661". 22d of Septembr Burialls: Mr Jno Turner was buried. 11th of Octobr Benjamin Gardner servt to Mr Danll Lisson was buried. 15th of Septembr Thomas Blagg was buried. 15th of Jany: Mary ye naturall(1) Daughter of Elizabeth Monroe was buried. Christnings none to my knowledge Marriages none to my knowledge. Thomas Willsford Readr to ye parish aforesaid. ____________________________________________________ (1) "Natural" was often associated with the word lawful - "natural and lawful son", meaning a son by the blood as opposed to a son-in-law. Page 81. Vestrymen Chosen for Appomattox pish. July 3d, 1661. - Jno Dodman, Jno Washington, Daniel Lisson, Wm Freke, Francis Gray, Henry Brookes, Andrew Monroe, Hilbert Smith, Richd Griffin, Jn Turner, Wm Webb & Nat. Jones. "Joseph Clarkes Lre to Coll John Washington". Wrthy Sr My Last went Inclosed with Mr Harrill's Execurs to Mr Browne which only Requests of care as concerning a chest of cloathes whch Mr Browne Leaft in his stoare house at his departure & if it come to yr hands I pray dispose of to my best Advantage ye proceis send by what ship yt shall thinke convenient for Plymouth. I am confident you will find fraught cheaper in Virginia then to take it in Plymouth there being soe many ships dayly going from these partes of which I wrote you & Mr Sheappard, & sent ye a case of knives which I pray Receave from yr unknowne freind & Servant & if I may Receive a Letter from yu I shall take it as a favour & Mr Prigg shall Returne my thankes; not else But am: Yrs JOSEPH CLARKE Plymouth Sept 16th 1668 The superscription: For his honrd friend Coll Washington at Potowmacke In Virginia prsent P Mr Samuel Hinch Q D P: "Joseph Clerks Lre to Coll Washington". Honrd Coll Washington Sr & worthy friend Having opertunity of convext of my good friend Mr Harrile Brother in law & Executor to Mr William Browne I am Bold to trouble yu with these lines being only to put yu in mind of A chest of cloathes wh Mr Browne Leaft behind him at his death ye pticulars I suppose yu found by Invoyce in the Letter Case & In generall as followeth - 2 silk gownes lines 1 plain gowne 1 Taffitie & petticoat 1 Taby peticoat 1 Bays 1 scarlet peticoat with A gold Lace In fine with all other nessessary Cloathes & Lynnen for a gent wooman. ye chest in plaine but a very good one with a locke lost & key belonging: 10s, ye chest was safe in Mr Browne's stoare house, when his man Townsend came for England & hope is not disposed of without yr Aprobation first. Mr Brownes Black camlett in ye chest pticularly I pray good Sr dispose of them, as y shall thinke ffitt, & for soe doing this shall be yr warrant Witnesse my Hand 22d August 1668 JOSEPH CLARKE The suprscription For his Honrd freind Coll Washington prsent Virginia. "Thomas Patten Lre to Mrs Hardewich". [Peggy Pope.] As it was my pmise soe I make it my care to salute the with theis Lines, Acquainting the that I am now Goeing on Board ye sloope for St Maries where I will second this my first, if I can by any meanes Lite of an oppertunitie Deare Pegg when I left thee thou touldest me that I Disrespected thee by not shewing more of a relenting heart, yett know although I Did not wash my Page 82. cheeks with teares my heart was full of Greife & sorrow to parte from thee whom I respect tender and Love as my owne heart wh I know thou are not uncapable of ye knowledge thereof al- though by man psons thou maiest be psuaded to ye contrary. I Question not but time will make my treaties Reall to thee. But at present am forced to part from thee although wth a sorrowfull heart But I Question not, but I shall make myselfe as happie with thy Compenie at our meeting as now Assure theyselfe my hearte is sorrowfull, and relentinge at my Departure from thee my prayers for thy happieness and Pperitie shall not dayle be wanting I have sent thee my horse as a toke of my love as alsoe a toaken by Lewis fayle not to come for England if thy Brother Thomas come home & write to me by all Conveniencies I am thy Reall ffreind in all thy tribulacons & Joyes. THOMAS PATTEN 8th of May 1669. My kind love to thy two Brothers, Coll Washington & his Lady, Mr Lysson & my good Landlay Mary Bridges with ye Rest of all or good ffreinds wishing them all happieness & am theirs to serve. T.P. 31st of May 1671 this Letter was Recrd Will of Col. Thomas Gerrard. In y name of God Amen Soe be it Ye first day of Feb: 1672 I Tho: Garrard of Machoticks in ye County of Westmerld in ye Colonie of Virginia Esq: being at prsent well & in bodily health & of good and prfect memory thankes be unto Almighty God And calling to mind ye uncertainty of temporarie life & yt all flesh must yield unto death when & whersoever it seemes good to Al- mighty God doe therfore make constitute ordaine & declare this my last will and testamt in manner & forme follo: Revoking & anihilating by these prts both in Deed & in law all & every Testamt Testamte, will & Wills heretofore by me made & declared either by word or by writing & this is to be taken only for my last Will & Testamt & none other. And first - being penitent & Sory from ye bottome of my hart for my Sinnes past most humbly desiring forgivenesse for ye Sinne doe comitt & comend my Soule unto Almighty God my Creator & redeemer through whose mercy & by the merritts of Christs death & passion I trust & beleeve assuredly to be saved & to have full remission & forgivenesse of all my Sinnes & yt my soule wth my body at ye Genll resurrection shall rise againe wth joy & inherritt y Kingdome of God prpared for his Chosen & Elect ones. And my body I give to ye earth to [be] buried as nigh as possibly I can to my decased wife Susanna Garrard by my Extors & Ext** hereafter named. And now for setling my Temporall estates & such goods & chattles as it pleased Almighty God to bestowe uppon me I doe Ordr give & dispose in manner & forme follow: (that is to say) first I will & ordaine yt all such debts & duties as I owe in right & conscience to any prson or prsons shall be well & truly contented & paid or ordained to be paid wthin convenient time after my decease by my Extors heerafter [named] & after my debts paid my funerall expenses discharged & ye several & respective Legacies in this my will menconed given & expressed be likewise contented & paid according to ye purposed & true intent & meaning of this my Will That then all & wholy ye prsonall estate to me belonging either in ye province of Maryland in ye Colony of Virginia and ye Kingdome of England upon y Seaes or any other place of Page 83. ye world where it shall be or may be found I doe heerby give & bequeath unto my sonne John Garrard & my Lo: & Deare wife Rose whome I doe heerby appoynt & ordaine my full & joynt Extors of this my last will & testamt to all intents and purposes in as ample manner as ye Laws of England of ye Colony of Virginia & ye prvince of Maryland will or may admitt I give & bequeath unto my Daughter Mary Thirty thousand pounds of Tobo to be pd unto her within One yeare after my decease (if not during my life) in full for her portion of my prsonall estate I give & bequeath unto my sd Daughter Mary and ye heires of her body forever lawfully to be begotten foure seates of land, (yt is to say) All ye land in Mr Whites neck lying on ye right hand of the path yt leades from Mattapony bridge downe ye neck unto my sonne in Law Bloxstones or Jno: Shankes now in my owne occupacion one other prcell of land called St. Katherens Island in ye occupacion of Jno: Dennis Three hundred acres of land more in Broad neck lying betwene one Mr. Cole & Mr. Salles likewise in my owne occupacion One hundred acres of land more Wstwood Lodge now in y possession of Samll Dodson all wch lands are lying & being in y County & prvince of Maryland together wth all my rights priviledges & apptens thereunto belonging shall be holden by ye sd Mary & her heires forever after she doth arrive at ye adge of one & twenty yeares or day of marriadge, if I doe not sell or otherwise dispose of ye sd Lands or any pt thereof in my life time only reserveing due & payable out of ye sd Lands unto ye Lord of ye mannour all such rents suits & services as is therunto belonging Now in case my sd Daughter shall dye before she arrive at ye adge of one & twenty yeares, or without Issue of her body lawfully be- gotten then my Will & meaning is yt all my lands & other legacies to her bequeathed shall be equally devided amongst ye rest of my Sonees & Daughters surviveing & ye Survivor or Survivors of ym or any of ym by even & equall portions I give & bequeath unto my Eldest Sonne Justinian one moety of ye mannor of St Clements & ye other moety to my Lo: & deare wife Rose during her naturall life, and afterwawrds ye sd moety of ye sd Manour of St. Clemts possessed by her in her life time to come into possession & reall estate of ye heires male begotten by me on my sd Lo: Wife Rose And if female yn ye aforesd moety after ye decease of my Lo: wife Rose I give ye whole mannor aforesd to my eldest Sonne Justinian willing him to pay unto each Daugher or Daughters soe begotten by me on my sd Lo: wife Rose twenty thousand pounds of tobco either when they arrive at ye adge of one & twenty or at ye day of there marriadge and to be under ye tuittion of my Exors and my said Sonne Justinian wth his heires lawfully to possess ye whole of ye aforesd manor of St. Clemts forever wth itts right & prviledges unlesse I otherwise despose of it in my life time. I give unto my yongest Sonne moeity of those lands called Bastford Manor & ye other to my deare wife Rose during her naturall life & after her death to ye heires male begotten by me on my sd wife Lo: Rose & if female then at ye death of my wife I give yt whole manor of Bastford to my sonne John aforesd willing him heerby to pay unto each Daughter or Daughters soe begotten by me on my now Lo: wife Rose Ten thousand puonds of Tobco at ye adge & day aforesd and he wth his heires lawfully begotten to possesse ye whole aforesd manor of Bastford forever wth its rights and prvildges unlesse I otherwise dispose of it in my life time I doe give unto my youngest Sonne John one moety of yt land or plantacon in ye Colony of Virginia called by ye name of Garrards reserve lying situate & being Page 84. at lower Machoteck in Westmoreld County in ye aforesd Colony & ye other halfe to my deare & Lo: Wife Rose during her naturall life and after her death yt ye sd moity by her possessed be given unto & possessed as ye reall estate of ye male child begotten by me on her & if only female yt ye aforesd plantacon called Garrards reserve be after her decease be give wholly unto my sonne Jno: he paying unto each Daughter or Daughters begotten as aforesaid Ten thousand pounds of Tobo & ye sd Jno: to possesse ye said plantacon wth itts rights & prviledges unlesse I otherwise dispose of it in my life time In like manner I give & bequeath unto my Grand-child Garrard Payton one yong negro about a yeare or two of adge wthin one yeare after my decease to be in ye Custody of his guardians. THO: GARRARD It: I give unto my Daughter Mary her choyce of X all ye negro girles born in my Custody. The intest & meaining As also one horse & one mare to her & her heires wth their increase is yt she take only one & advantadge forever to be dell immediately unto her possession. I out of all . . . . . give unto each of three sonees and five Daughters yt shall survive me twenty shill sterle to buy each of them a mourning ring to weare in remebrance of me & also soe much for Sonnes in Law Daughters in Law & Grand-children in like manner. Whereas I have given & mrked two Mares wth G.T. for ye use of Garrad Tucker my Will is therfore yt increase of ye aforesd Mares by improved for ye advantadge and education & schooling of ye sd Garrard Tucker & yt they or two as good be made forthcomeing & dell to ye sd Garrard Tucker when he arrives at ye adge of eighteen yeares. As also I leave & give unto my negro boy baptized & named Tho: One thousand pounds of Tobo to be bestowed uppon [him] for his learnikng & Education at y discression of my Extors. Item I give unto my Lo: friend Mr Jno: Waugh one Ring of ye same value of those rings above granted to my Children An if it shall heerafter happen at any time heerafter yt any ambiguity doubt question or controversy doe gro or rise concerning ye true meaning & intent of this my will & Testamt I will therfore yt my Extors & Extri choice each of them a Judicious prson & according to there verdict lett ye doubt & dispute be ended without comencing a Sute at law. My Will is heerby yt wtsoever guifts & Deeds are by this Will given & madover unto my now deare & Lo: wife Rose be by her accepted as full & compleate of all Dower or thirds belonging unto her by Law of my prsonall & reall estate & if otherwise yt she shall have noe right claim or title to any thing by this my last Will & Testamt. In like manner I give and bequeath unto my Eldest Sonne Justinnian my whole right title & intrest to any land or prcell of land lying in ye Kingdome of England to him & his heires forever. Item: I will yt wheras was given me in a Deede of Guift four negro slaves servants twelve kine wth calves by there sides or wth two feather bedds wth furniture wth other houshold furniture yt in ye sd deed of guift made ye 28th of Jany Last by past & to be acknoweldged in Court by Attr already for ye end appoynted I will yt ye aforesd Deed & every clause therein contained be valid & of force & made forthcoming for ye use of y four children in it menconed. And if any of ye 4 negroes dy before there deliveries to ye severall children yt ye dead negro or negroes be made good by Supplying of others as good live negroes as they were before there death I will in like manner ye wt male heires are by me begotten on my now Lo: Wife and so possessing for them & there heires ye moeties of St Clemts Manor Basstford Mannor & lying Page 85. & being in ye province of Maryland and ye moety of ye plantacon called Garrards reserve on Machotick in y Colony of Virginnia joyntly wth my Eldest Sonne Justinnian & my yongest Sonne John ye yu ye aforesd male heires by me soe begotten shall pay unto each daughter or Daughters soe by me to be begotten accordingly as I have ordered already to be pd by my Sonne Justinnian & John for there Severall possessions. And alsso my will is yt if there shall be a Seccond or third Sonne by me soe begotten yt ye eldest possess ye whole moety aforesd paying to each yonger Bror forty thousand pounds of Tobco. And my will is further yt my debts & Legacies be- queathed being well contented & pay'd then how many soever Negro slave servants shall come to ye possession right & prsonall estate of my now Lo: & deare wife Rose being by her injoyned during her naturall life shall after her death be equally divided amongst ye children male or female by me on her begotten. And wheras in ye margent of this Sheete is written mark wth a Cross X ye intent & meaning is yt she take only one out of all my will is to establish ye said valid as ye contents. In Witnesse & conformacon of this my last Will & Testamt I set my hand to both Sheetes therof & to this last have fixed my hand & Seale day month & yeare of above written. THO: GARRARD [seal]. Signed, Sealed & dell in pnts of us Jno: Waugh Isaack Allerton J. Lee, Jno: cooper. 19th 9ber 1673. This Will was proved by te Testimony in Court of Mr. Jno: Waugh Majr Isaack Allerton & Cap: Jno: Lee. Agreement for Building Westmoreland Court-house. Capn Jno Lees agreemt: Whereas there is an order of Court granted about a Court house to Capn Jno Lee for sixteen thousand two hundred pounds Tob: caske & as payable to ye sd Capn Lee out of y next levy (provided ye building hereafter specified be finished between this & ye next levy). The sd Capn Lee doth for himself couvt to build for ye aforesd consideracon without any other charge wtsoever a Court house to be 35 feet long 30 feet thereof to be made into one Roome for y Court to sitt in 5 foot for a stare case to goe up unto ye chamber over ye Court-house a Gallery to be made at ye end of ye house 5 foot wide & to have its length ye whole breadth of y house to be 20 foot wide & 10 foot high. Ten foot of ye sd house to be balistred in wth turned balistres & to extend ye whole breadth of ye house for ye Court to sitt in wthin which shall be a Larg table & convenient seat for ye use of ye justices & ye Chimney to be wthin ye Barr built of Brick for ye Court-house belowe & also one for the chamber above yt ye floor wthin y Barr be laid wth sawne plankes & yt ye flowers above in like manner through- out ye whole length & breadth of ye house. And further yt it be sealed above & below wth clawbores & hausmts workmanlike winders made in ye house wth all doores & partitions necessary to y house. And lastly to b uild a prson 15 foot square wth a chamber in it. In witness whereof I have hereunto set my hand this 20th 9ber 1673. JNO. LEE. 20th 9ber 1673. This agreement was subscribed by Capn Jno Lee & yn recorded. Page 86. The Indian War of 1675. The Right Honble ye Govr & Councill Comcon to Coll Washington & Maj Allerton about ye Indian Warr. At a meeting at Greenspring ye 31st Augst 1675: Sr Wm Berkeley Kt Govr &c Coll: Nath: Bacon Coll: Jo: Bridger Coll: Tho: Swann Coll: Phill: Ludwell Dept Secry Tho: Ballard Esqr James Bray Esqr Lt Coll Wm Cole. Whereas informacon was lately given to ye Right Honble Govr yt ye Doeg Indians of MaryLd killed one of his Mats Subjects in ye upper pt of Stafford County wthin this Govermt Where- upon his Honr was pleased by Lettr to acquaint ye Honble Lt of Maryland wth ye sd murther who by his answer to ye sd Lettr hath expressed a willingness yt necessary forces be sent from Virga into that prvince for ye assaulting & destroying of or Barbarous Enimies And whereas since ye former Murther ye Doegs & Sucahanna Indians as Confederates wth them have murthered two more English men Cutt up severall fields of Corne & Tobo & destroyed severall stocke of Cattle in ye sd upper parts of Stafford County & make daly incursions upon them appearing Armed in Con- siderable numbers to ye terrifying ye inhabitants of those parts & to ye apparent endaniger of ye whole County And whereas also ye Honble Govr immediately upon notice of the murther above menconed was pleased to send ordrs to the Malittia Officers of Stafford County to raise such force upon all Emergencies as might be sufficient to expell the Enemy if they made further Attempts upon all them Requiring thereby ye severall Counties of Rappk & patumeeck River to give them all necessary assistance of men & Arms The Govr & Councill taking ye prmises into serious consideracon thought fitt to ordr as well for ye prvencon of future Mischiefts from ye Indians & security of ye County as sattisfaction may be had for ye murthers already prpetrated & spoyles committed wthin this his Mats Colony of Virga That Coll Jno Washington & Majr Isaac Allerton call together ye severall Malittia officers of ye several regemts in ye no side Rappk & So side patumeeck Rivers And yt a full & through inquisition being made of ye true Causes of ye severall Murthers & Spoyles & by wt Nation or Nations of Indians donne And yt theruppon ye sd Coll Washington & Majr Allerton demand satisfaction and take such further course in this Exegency as shall be thought requsite and necessary An yt if they find cause they raise a fitt number of men wthin ye lymits aforesd sufficiently furnished wth fixed Armes & ammunition And wth them do attacque & doe such execucons upon ye sd Indians as shall be found necessary & just And yt from time to time they give Speedy notice to ye Honble Gouvr of there severall prceedings therin who will please to give Such further ordrs as shall be requisite & yt they transmitt ye whole business to ye next Genll Court And it is further ordrd yt in case there be necessity of prsuing ye Ennimy into Maryland yt an acctt thereof be given to ye Honble Gouvr of ye prvince who is pleased by Lettr to prmise if occasion be all necessary assistance therin. Vera Copia Testr Hen: Hartwell cl: Con. 18th 7ber 1675 This comicon was recorded. Page 87. Orders relating to Washington. Westmoreland Co: 26 7ber 1677. It is ordr yt mr Jno Garrard have out of ye estat of Capt Jno Apleton decesd now ye estat of Coll Jn Washington who intermarried wth ye Relict of ye sd Appleton tenn good breeding cows between ye adge of 2 & 6 yeares twenty young breeding yoes & a ramm also one young breeding mare not above four years old. And also yt he have quiett possession of ye seate of Land taken up by Collo Vallent Peyton Lying betwixt Rappk & potomack. And yt thereon ye sd Mr Jno Gerrard give security for ye same for ye use of ye orpt of Coll Vallent Peyton named Garrard Peyton. ______________________ Att a court held for the County of Westmld June 14th 1682. Prest. Lt Coll Isaac Allerton Capt. John Lord Mr Lawrence Washington Mr. Robert Vaulx Mr Edward Franklin Maj Thomas Youle Mr Wm Bridges. The humble peticon of Lawrence Washington Sheweth that Samuill Britt stands indebted to yor peticonr as Executr to his father Coll John Washington by acct the some of twenty one pounds fower shillings and five pence sterl, wherefore hee humbly craves judgmt against Malachy Peale attorny to ye afforesd Samuell Britt for his sd debt wth cost upon hearings of wch cause ye Cort give time to Mr Malachy Peale to send to Mr Samll Britt to Plymouth to shew causse if anny hee can why judgmt should not pass against his attorney Mr Malachy Peale for ye sd debt and costs(1). __________________ The humble peticon of Samuill Brett sheweth that in Aprill 1676 Mr Edward Blagg Junr did leave a sloope of yor peticonrs with all her tacklinge belonging to her and a Boate and oares in the charge and custody of Lt Coll John washington as by receipt under his hand may more largely appear. Now soe it is may it pelase yor worss that the sd Coll Washington in the time of ye late Ribellion did take yor peticonrs sloope from ye head of Appomattox Creeke where shee was layd upp P Mr Edward Blagg aforesd and made use of ye sd Sloope to transport his goods and estate (or part thereof) over too Maryland as yor peticoner can make appeare and afterward in- stead of reterninge her wher shee was left went to hale her up at Mr Hardidgs his back landinge but left her halfe in and halfe out of ye water where shee lay till shee staved in pieces to yor peticonrs damage one hundred pounds sterl: Wherefore humbly craves ordr for sattisfaction for the sd sloope &c against the estate of ye sd Coll Jno: Washington in ye hands of Mr Lawrence Washington with costs of suite And yor peticonrs shal pray. The Cort refer this cause to a Jury: The names of ye jurors: John Newton George Jones Thomas Marson Patrick Spence Wm Paine Lewis Markham John foxall Thomas Pearce Josuah Davis Mich Willington Gilbert Hubard Robt Chamberlaine The verdict of ye jury: We the Jurors doe find for the defendant that there is no cause of action. JOHN NEWTON. The Court order that the verdict of y jury be recorded for the judgmt of ye cort. _________________________________________________ (1) This is the entry which Mr. Stanard refers to, thus: "Westmoreland, June 14, 1682. Reference to 'Samuel Britt Exor to his father Coll John Washington'. Did a daughter of Col. Washington marry Britt, or was he a step-son?" QUARTERLY, April, 1893. Page 88. And it is the further order of this Cort that Malachy Peale as attorney of y sd Samll Brett pay unto y sd Lawrence Washington fifty pounds of Tob: for a non suite with costs of suite else Execucion. Col. Joseph Lemuel Chester to R. A. Brock. 24 April, 1880. "Some years ago, while searching the wills in the Diocesan Registry at Lichfield, I came upon an old document, of which the following is a verbatim copy: "'A True and perfect Inventory of y goods and chattells of Anne Washington alias Brodhurst late of Washington Parish in ye county of Westmoreland in ye countrey of Virginia as followeth, vizt - A legacy of three pounds given by ye last will and Testament of William Brodhurst late of Lilleshall in the County of Salop Gent, deceased to ye said Anne Washington alias Brodhurst deceased --- iii'" "To this, under date of 12th April, 1678, was appended, in the usual form, the record that administration of the goods of sd dece'd, within sd diocese, was committed to her son Walter Brodhurst. "It was some time before I was able to find the will of William Brodhurst, above referred to, but I did at last. It was proved in the Prerogative Court of Canterbury on the 19th November, 1658, being dated 28th April, 1656. He described himself as of Lilleshall, co. Salop, Gent. To his son Walter Brodhurst he left L20, 'to be sent over in such commodities he shall please to appoint', 'also L5 per an for life to be sent him over as he shall appoint', 'also to my said son's wife L3, and to each of his children 40s, except Walter', who was made residuary legatee. "William Brodhurst named several other sons and daughters, but I take it that Walter was the eldest son, and it is clear that he was then abroad somewhere, intending to remain, and that he was married and had then several children. Why this L3 bequeathed to his son Walter's wife, had never been paid until 1678, after her death, it is impossible to say, but that the item in the inventory quoted refers to the bequest, cannot be doubted. "The son, Walter, evidently came to this country after his mother's death, found that the L3 had not been paid, and so took this course to obtain it. I may say, also, that on the 28th of June, 1659, administration of the estate of Hugh Brodhurst, who died in Virginia, a brother, was granted to his brother John Brodhurst. These were sons of William Brodhurst, who made the will in 1656, and brothers of Walter Brodhurst, then in Virginia. "Now, unless it can be shown that there were two Anne Washingtons, of Washington parish, Westmoreland county, Va., living contemporaneously, it seems to me that this lady must have been Anne Pope, first married to Walter Brodhurst, who probably died in, or shortly after, 1656, when she shortly after remarried John Washington, and became the grandmother of the President. "It is precisely these points that want to be decided. Did Walter Brodhurst die in Virginia in or about 1656-1658? If so, there can be little doubt left, for John Washington must have married his second wife about that time. "Whether Walter Brodhurst married Anne Pope in this country and took her with him, or married her in Virginia, remains to be decided. I am inclined to think the latter, for I can find no trace of the marriage here. Page 89. "It is clear from the language of the Lichfield record that the lady was Anne Washington when she died, and that she had previously been the wife of Walter Brodhurst, because her son Walter Brodhurst administered. "Whether she died before or after her husband Washington, there is nothing to show. She may have been dead in 1678. "These are all the facts that I can give you, and I hope that you may be able to do something with them. It is clear from the records you give that the elder walter Brodhurst was living 14 Sept., 1655, and was dead 9 dec., 1662. The grant to Anne Pope, alias Washington, is rather puzzling, but she had ceased to have any title tot he name Brodhurst, having changed it for Washington. In the Lichfield record the formula 'Washington, als. Brodhurst', was, no doubt, used in order to establish her identity as the person to whom the legacy was left. Of course, after all (for one of my maxims is, that there is nothing impossible in genealogy), there may have been two Anne Washingtons living contemporaneously in Washington parish; but I think that the evidences are against it. The will of Nathaniel Pope might be important".(1). _______________________________________________ (1) The dates referred to as having been sent by me were abstracts from the State registry of various grants of land. A grant of 350 acres in Westmoreland county was reissued December 9, 1662, to Walter Brodhurst, which had been formerly granted, September 14, 1655, to his deceased father, Walter Brodhurst. Anne ope, alias Washington, was granted 700 acres in Westmoreland county, Virginia, 13 January, 1661. (O.S., 1662, N.S.) I have not the full note as to this grant. - R. A. Brock.