Mercer Land Book, (Stafford County, VA) William and Mary College Quarterly, Vol. 13, No. 3 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 *********************************************************************** MERCER LAND BOOK 165 MERCER LAND BOOK. [Extracts from MS. Book of John Mercer of Marlboro, in possession of his descendant James Mercer Garnett, 1316 Boltod Street, Baltimore, Md., and by his permission copied for THE QUARTERLY.] COMMUNICATED BY MISS KATE MASON ROWLAND MARLBOROUGH IN POTOMAC NECK. Col. Giles Brent, land granted him by patent, 26 November, 1654; part of the land granted him by patent 20 August, 1651, which said patent the sd. Giles Brent after the restoration of King Charles the second procured to be renewed in his said Majesties name by patent bearing date 20th November, 1662. And the sd. Giles Brent dying in the year 1671, and having by his will bearing date the last day of August, and duly proved and recorded the 15th February in the same year (O. S.), devised to his son and heir, Giles Brent, etc., all his land, rights unto Lands and Reversions of Lands any way due to him in either England, Virginia or Maryland, and for want of such heirs then to his own right heirs, etc., to the right heirs of his honored Father, Richard Brent, Esq., deceased, anciently Lord of the Manor of Admington and Larkstoke, in the County of Gloucester, in England. By virture of which Devise the sd. Giles Brent, the Son and his Issue have severally been seised of the sd. Neck of Land as Tenants in Tail . . . . until the sd. William Brent, party to these presents, to whom the same descended, when the same were in possession of John Mercer, Charles Brent and Charles McClelland, under Leases from William Brent, grandfather of the sd. William Brent, party to the presents. . . . . Peter Hedgman, late deceased, under a Lease granted by William Brent, grandfather of the sd. William Brent, party to these presents, March 14, 1767. Memorandum. 10th Sept., 1765, "full possession was had and taken of the messuage, etc., within granted" by William Brent to John Mercer, "by the delivery of turf and twigg out of the demised premises in thename of the whole." Acknowledged at a Court held for Stafford Co., May 11, 1767. Grant to John Rockwood, 1651, from Governor Berkeley, near land of Lieut-Col. Giles Brent. Deed to Giles Brent from Berkeley, August, 1651. William Brent to John Mercer, Lease ---------- 166 WILLIAM AND MARY COLLEGE QUARTERLY. for Lives, Aug. 27, 1733. Deed to "Lieut. Giles Brent," No. 27, 1651. Deed to Giles Brent, Nov. 17, 1662. GOOSE CREEK, 436 ACRES. Grant to Katharine Brent from Sir Wm. Berkeley, 300 acres of land in Co. of Northumberland, formerly granted unto Giles Brent, 4th May, 1653, and by him sold to Edmund Brent, and by the sd. Edmund Brent left by Will to his daughter, Katharine Brent, Dec. 9, 1662. George Mason by power of attorney from John Dynel and Katharine, his wife, acknowledged the land for the within patent to Edward Sanders, 9th Sept., 1668. Deed -- "William Brent of the Retirement in the County of Stafford," August 25, 1707. MARLBOROUGH TOWN, IN POTOMACK NECK. "Was paid to Francis Hammersley, Guardian of Giles Brent, to whom the reversion and inheritance therof belonged, 13,800 lbs. of tobacco." In the year 1726 John Mercer, having contracted with William Brent, the descendant & heir of the sd. Giles Brent, to lease him the 3 plantations adjoining & surrounding the sd. town for 3 lives, etc. NOTES IN REGARD TO WITHERS FAMILY* A case of ejectment ordered by the Stafford County Court, October 15, 1744, where depositions as to age, etc., are made. Tenements and land in dispute between John Mercer, plaintiff, and James Withers, John Withers, Thomas Seddon and Raleigh Traverse. "Three of the defendants appeared, vizt. John Withers, Thomas Seddon and Rawleigh Traverse, the first day, and said that they had not timely notice, etc., and did not attend the survey, only John Withers, who gave us two visits, and none of them did proceed or begin." Order of General Court, April 16, 1745, Aminedab Seekright, Plt, against James Withers, John Withers, etc., 1285 acres in the Parish of Overwharton, County of Stafford. Depositions _____________________________________________________ *For Withers family see Virginia Historical Magazine. ---------- MERCER LAND BOOK. 167 of William Mills, of Stafford Co., aged 39; "Lewis Elzey, of Fairfax Co., Gent., aged about 44." Captain Elzey said "that he lived on the plantation on Potomack Creek now held by Md French's Orphan from the time of his being about 6 years old until the year 1730." "Marlborough Town," November 11, 1691, Peale to Withers, Indenture between Capt. Malachi Peale, of Stafford Co., and Capt. John Withers and Mr. Matthew Thompson, Trustees or Feoffees in Trust for the County of Stafford to lay out the Town of Marlborough. "Deposition of James Withers, aged fifty-two or thereabouts, a witness, etc., in a cause now depending in the General Court between John Doe, Lessee of Henry Fitzhugh, Gent., and Lewis Burwell, an Infant, by Robert Carter, Esq., his Guardian . . . . . . That this Dept. has known the land in dispute twenty-seven years . . . . . That on the South side of Potomac Run, place where Matthews first seated, and east of Peale's Line, which was grown up with saplins 30 years ago when this Dept. lived with Captain Mountjoy and helped to clear the same piece of ground . . JAMES WITHERS." "I, Richard Bennett, give and grant unto John Withers and Stephen Gary [or Gray] 1000 acres of land in the county of Westmoreland, bounded on the northeast side with the land of Capt. Brent, etc., the said land being due unto the said John Withers and Stephen Gary [Gray ?] by and for the transportation of 20 persons into the colony, October 6, 1654." "I, the said Edward Digges, do, with the consent of the Council of State, give and grant unto John Withers 150 acres of land, more or less, in the County of Westmoreland, upon the head of a branch of Potomack Creek, bounded east upon Capt. Brent, etc. The land due for the transportation of three persons into this Colony, whose names are in the records, James City, September 4, 1655." "Know all men, etc., that I, John Withers, upon Potomack, in the County of Westmoreland, have sold, etc., unto Val. Peyton 500 acres of land . . . half of a division of 1000 acres of land patented in the name of John Withers and Stephen Gary." . . . . . . . . . . Nothing of the aforesaid premises to be diminished upon or before his, the said John Wither's, de- ---------- 168 WILLIAM AND MARY COLLEGE QUARTERLY. parture from the said land, which is to be at or upon the feast day of St. Thomas the Apostle, next ensuing the date hereof, October 13, 1659. Witnesses: Gad Chrismas, William Withers." Release of Ann Withers, wife of John Withers, April 19, 1660. [The 150 acres of land granted to John Withers, 1653, and sold to Col. Valentine Peyton, with 500 acres contiguous granted to Peyton, 1662, was the tract sold to Capt. George Mason in 1664 called "Accokeek." Here was the "Mansion House" of the first Col George Mason and the Mason "burying place," where Col. Mason's "tomb" once stood.] Proprietor's Deed to Stephen Gray, July, 1724. Stephen Gray's Will, January 26, 1723/4, wife Ann Executrix; no children named.