Thursday, August 31, 2023

Land Patents, Family, Friends and Neighbors Prove Relationships, Part II

Neighbors Married Neighbors

    Elizabeth Tye Wicket, the half-sister of Rebecca Coggin was born to Captain Richard Tye,(61) a court justice, and his wife, Joyce [-----]. Richard and Joyce Tye had daughters, Elizabeth and Frances. Sometime after Richard Baker’s death in 1665,(62) Elizabeth Tye and her first husband, John Jane, gained possession of 300 acres of Richard Baker’s land  adjoining her step-father, Dr. Coggin’s land,(63) and Richard Pace, Sr.’s land.(64) Elizabeth and John Jane sold the 300 acres to William Wilkins on January 10, 1673. On April 14, 1711, Elizabeth and her second husband, John Wicket, signed a quit claim to the same property.

“I, John Wicket and Eliza, my wife, of Westover Parish, Prince George Co., Planter, for 1000 lbs. Tobacco, paid by John Wilkins of the same county, 300 acres on the south side of the Great Swamp, bounded by Mr. Cogan, land of Capt. Tye, line of Richard Pace, given to him by Richard Baker; said land being a part of the land that belonged to Richard Baker, and conveyed to John Jane and wife Eliza (now wife of said John Wicket) to William Wilkins, dec’d, on 10 Jan. 1673. John (x) Wicket, Eliza (x) Wicket. Wit: William Harrison, Jr., Anne (x) Brewer.” 14 Apr 1711. Recorded 8 May 1711.(65)

   Richard Tye died between August and December of 1658.(66) His widow, Mrs. Joyce Tye, married her third husband, Dr. John Coggin, a practicing physician and surgeon. They married between December of 1658 and June of 1659.(67) Based upon the time frame of their marriage, their daughter, Rebecca Coggin, was probably born in the latter part of 1659 or early 1660.

    Elizabeth’s sisters, Frances Tye and Rebecca Coggin, lived on adjoining property with their parents, Dr. John and Joyce Coggin. In 1673, Elizabeth was married to John Jane and was about 23 years old.(68) Her half-sister, Rebecca Coggin, was living at home and was 13 or 14 years old.(69) Frances Tye, sister of Elizabeth Tye and half-sister to Rebecca Coggin, was about 19 years old and was either living at home or was married to Charles Bartholomew.(70) George and Richard Pace, Jr., sons of Richard Pace, Sr., were toddlers when the family moved onto the adjoining farm by 1664/5. Richard Pace, Jr., was 8 to 10 years old when Elizabeth and John Jane sold their land to William Wilkins.

    Rebecca Coggin and Francis Poythress lived in close proximity to each other. Francis Poythress’ father, Captain Poythress, provided for Thomas Boyce,(71) the half-brother of Rebecca Coggin, Frances Tye and Elizabeth Tye after the death of Thomas’ father. Thomas was the son of Joyce [-----] and her first husband, Cheney Boyce, who died in 1647. Thomas Boyce and Francis Poythress were approximately the same age.

    Neighbors married neighbors in the 1660s in rural Virginia. Rebecca Coggin’s brother, Thomas Boyce, married neighbor Richard Craven’s granddaughter, Emelia Craven.(72) Rebecca Coggin married her neighbor, Major Francis Poythress. John Poythress, Major Poythress’ brother, married Christian Peebles who lived on the east bank of Powell’s creek across from Dr. John Coggin who lived on the west bank of Powell’s creek.(73) Rebecca Poythress’ brother, Francis Poythress, married a granddaughter of William Worsham who lived on Captain Poythress’ land in 1658.(74)

    In 1673, Robert Wynne and his wife, Mrs. Mary Poythress, widow of Captain Poythress, lived on Captain Poythress’ land adjacent to the fifty acres that Colonel Edward Hill gave to John Poythress.(75)

    To get to the Coggin farm from the Poythress farm, one had to travel southeast a little over two miles and cross James Warrendine’s property. Rebecca was married to Francis for about 10 years when he died about 1688. She was 28 or 29 years old and had four young children. As Mrs. Rebecca Coggin Poythress, she qualified as administratrix of her husband’s estate and guardian of her own children.(76)

    Colonel Edward Hill acquired James Warrendine’s property in 1683 on the same day that Major Francis Poythress was granted 1,250 acres on Hill’s western boundary.(77) From Major Poythress’ new property, it was over a mile ESE to Rebecca’s parent’s property.(78) Richard Pace, Sr., would have known the Poythress, Wynne, Coggin and Tye family members that lived adjacent to or in very close proximity to his farm. Richard Pace, Sr.’s land was adjacent to Dr. Coggin’s land, Elizabeth Tye Jane’s land and Thomas Boyce’s land.(79) To get to Captain Poythress’ land from Richard’s land, one had to cross John Coggin’s land and James Warrendine’s land. It is not conjecture to say that Richard Pace, Sr., and his son, Richard, Jr., knew Rebecca Coggin, her mother, Joyce; her father, Dr. Coggin; her half-sister, Elizabeth Tye Jane; her half-sister, Frances Tye; her half-brother, Thomas Boyce; and, of course, Rebecca Poythress. Richard Pace, Sr., and his family also appeared in the records with other Poythress family members.

Maiden Names used for Identification

    Very few things in genealogical research are straightforward. “Son-in-law” in the old vernacular actually meant “step-son.” “Uncle” or “Aunt” was sometimes used by a younger cousin to respectfully address an older cousin. A “brother-in-law” was addressed in records as “brother.” A cousin might actually be a niece or nephew. The appendage, Senior and Junior, did not necessarily mean that one man was the father of the other. In county records, Senior and Junior were used to differentiate two individuals with the same name. The older man became Senior and the younger man became Junior in county and church records. Men with the appendage, Senior or Junior, could have been cousins, uncle and nephew, or actually father and son. One needs to recognize the language, equity laws, common law and the customs of the time.

    Studies of women’s maiden names present unique challenges due to inconsistent usage in old court records. The examples below involve the use of a maiden name rather than a married name:

William Bradford (c. 1663-), gave a quit claim in 1724/5 to Andrew Steward and Robert Watson for 500  Acres in Accomack County “near the head of Occohannock Creek...it being the land given to my mother Alice Smith by my grandfather Richard Smith and sold by my father Nathaniel Bradford unto John Fawsett and Dorman Sullivant...”(80)

    The following is another use of a maiden surname in a land transaction involving a married woman:

At a Court held at Merchants Hope, Chas. Citty County, April 25, 1659. Know all men by these presents, and witnesse that I Rich’d Pace sonne and heire apparent of Mr. Geo. Pace of the Com: of Charles Citty att Mount March in Virginia, and sonn and heire as the first issue of my mother Mrs. Sara Maycocke wife unto my aforesd father (being both dec’d) do hereby by these presents ffor my selfe my heires ex’ors adm’rs and assn’s for ever absolutely confirme and allow of the sale of eight or nine hundred acres of land being neere unto Pierces hundred, als fflowrday hundred, sold by my dec’d father Mr. George Pace unto Mr. Thomas Drewes as per bill of sale bareing date the 12th day of October Ao 1650 as may more large’l appe’e...dated 25 February 1658/9. Richard Pace. Wit: Anthony Wyatt, Thomas Stegge, Hoel Pryse Cl. Recorded 19 May 1659.(81)

    In the previous deed, Sara Pace was addressed as Mrs. Sara Maycocke. George Pace married Sarah Maycock and subsequently patented the Samuel Maycock holdings. This conclusion has been accepted, supported and confirmed through documentation by John Frederick Dorman in his “Adventurers of Purse and Person.(82)

    Associate Judge of Isle of Wight Co., Va., Jeremiah Exum, did not name his daughters by their married names in his 1712 will that was proved in 1720.(83) His daughter, Mary Exum, had been married three times beginning with her first marriage in 1699. Her third and last marriage was to Barnaby McKinnie whom she married in 1719. Judge Exum mentioned his “Daughters Elizabeth, Christian, Mourning, Sarah, Mary and Jane, granddaughter Catherine Scott, and cousin Jane Exum.”

    Instances where a husband’s surname were paramount and consequential included cases of administration of an estate, testimony in court and guardianship. There are many examples of this:

A Court Held for Orphans at Westover 15 September 1692. Capt. Peter Perry and Mr. Richard Bland to
administer oath to Mrs. Rebecca Poythress, relict and Adm’x. with will annexed of Francis Poythress, late dec’d. to make inventory.(84)

Court held at Westover. Deposition of John Jane that he knew Frances, late wife of Charles Bartholomew, and knows Rebecca, relict of Francis Poythress, and says the two were sisters, being daughters of the same mother. John Bishop swears the same. Joshua Wynn says he knew both women from childhood and they were always taken as sisters by one mother. Because of absence of Mr. George Robinson, Clerk, who joined them in marriage, case is referred to next ct.(85)

    It is noteworthy that an associate Judge would know how to write a legal will. His daughters, Sarah, Jane and Mary Ann, were all married when he wrote his will in 1712. The effect of not identifying women by their married surnames in documents conveys that practices did vary from always mentioning the husband’s name. This example and others make this a useful point of reference. This is evidence that a parent could file a document without mention of the head of the household.

Mrs. Rebecca Poythress and her Thousand Acre Grant

    An examination of the original land grant that Mrs. Rebecca Poythress received and later gifted to her daughters, and the subsequent sale of this land reveals who possible neighbors were and where the land was located that her daughters and Littlebury Epes possessed. Littlebury Epes acquired 500 of the 1,000 acres.(86) Anne Bartholomew’s sale of land can be found in the records but no clue has been found regarding the disposition of Rebecca Poythress’ land.(87)

To all etc. Whereas etc. Now know you that I the said Fra. Nicholson Esq. etc. Their Majesties Lt. Governor etc. give and grant unto Mrs. Rebecca Poythres, one thousand acres of land situate lying & being in the County of Charles Citty according (to) long most ancient and rightful bounds thereof be the quantity either more or less than is herein expressed she to land being late in the tenure of Edw. Ardington deceased by virtue of his own right & fee therein, & was lately found to escheat to their most sacred Majesty from the said Edw. Ardington of the said County of Charles Citty as by an Inquisition recorded in the secretarys office under the hands and seales of Peter Perry Deputy of the honorable Christopher Wormeley Esq. Escheator of the said County & a jury sworn before him for this purpose dated the 19th day of November Anno 1690 may appear, & is since granted unto the Mrs. Rebeccah Poythres who hath made her composition according to law. To have & to hold etc. To be held etc. yielding & paying etc. dated the 29th day of April Anno 1692.(88)

    At the time of his death, Edward Ardington owned land on Bailey’s creek adjoining land patented August 5, 1648, by Captain Poythress. John Burge proved the will of Edward Ardington in November of 1677. According to the grant to Mrs. Rebecca Poythress, the land “was lately found to escheat.” A jury was empaneled on November 19, 1690, to hear the case and on April 29, 1692, the land was granted to Mrs. Rebecca Poythress. John Burge’s son, Thomas, was a neighbor of John Poythress. John Burge was deceased by April 13, 1693. Charles Bartholomew attended the estate sale of John Burge conducted by Richard Bland. John Burge was the grandfather of Sarah Burge who married John Pace (c. 1725-1780) about 1753, the son of Richard Pace and Sarah Woodlief.

    Widower, Charles Bartholomew, married the widow Poythress, on February 2, 1693,(89) in Charles City Co., about a year and nine months after the above land was granted to her. Their daughter, Anne, was not a Poythress. Anne was addressed as Anne Bartholomew when she received her deed of gift in 1711 and as Anne Green in her deed of sale in 1721.

    When Rebecca Bartholomew gave land on Easterly Run to her daughter Anne, Anne was about 17 years old and may or may not have been married to Burrell Green. “(To) Anne Bartholomew her heirs & assigns forever...with all houses edifices, plantation...to have hold use occupy possess & enjoy to her, & their own Proper use & behoof forever..”(90) Anne Bartholomew’s land was bounded by her half-sister, Rebecca’s land and the “other side the courses of said patent and deed of sale from Batts to Ardington.” In 1694, Col. Littlebury Epes bought 500 of the 1,000 acres “bounded by innermost sides” of the patent and paid taxes on 833½ acres in 1704 in Prince George Co. that included the 500 acres.

    Lewis Green and his son-in-law, Ephraim Parham, husband of Frances Green, owned a mill on a tributary of Bailey’s creek called Easterly Run.(91) Lewis Green’s son, Burrell Green, married Anne Bartholomew. Possible nephews or cousins of Lewis Green, John and William Green, who were brothers, married Richard and Rebecca Pace’s daughters, Amy and Frances.

    Daniel Meadows knew Burrell Green. He brought a suit against Burrell on February 10, 1718, in Prince George Co. court.(92) The land where Meadows lived was originally patented to Henry Batte and James Thweatt in Charles City Co. on April 20, 1682.(93) The land of Batte and Thweatt was bordered on the north by Edward Ardington’s land. On June 3, 1693, Batte and Thweatt sold Robert Birchett land that was in the occupation of Birchett in Westover parish on Bland’s swamp crossing Blackwater road.(94) Birchett’s purchase was on the southern border of Batte’s and Thweatt’s land that was adjacent to the land “Batts sold Ardington” on its northern border. Mrs. Rebecca Coggin Poythress’ 1,000 acres was on its western border.

    On June 7, 1717, Robert Birchett sold land to Douglas Irby adjacent to Daniel Meadows, Mathew Smart, Jr., William Mattock and Littlebury Epes.(95) On October 7, 1717, Meadows bought land, adjacent to his land, from James Lundy, land that Lundy had purchased from Peter Fairfax.(96) At some point prior to 1717, Daniel Meadows bought some or all of Batte’s and Thweatt’s land adjacent to Anne Green’s and Rebecca Poythress’ 500 acres.

    Rebecca Poythress’ 300 acres possessed a “road or path from Jordans to Blackwater...with all houses, edifices, gardens, orchards, plantations,” etc. Rebecca, who was a grown woman over 21 years old,  may have been married with children. In 1711, Richard and Rebecca Pace had been married abut 14 years and most of their children were born by then. Richard Pace, Jr., married Rebecca, about 1697. Their first born child, Richard Pace, was born about 1698.(97) Rebecca Poythress would have been about 19 years old at the birth of Richard and Rebecca’s son.

    Rebecca Coggin married Major Poythress when she was about 18 years old based upon the year of her birth, 1659 or 1660, and the approximate date of her marriage about 1677 or 1678. Her daughter, Rebecca, was probably born within a couple of years of her marriage. Rebecca’s fourth and last child was born by 1683 in order to be 21 years old by the time of the 1704 Prince George Co. Quit Rent Roll. If Rebecca Poythress was born about 1679, she would have been approximately 18 years old by 1697, the same age as her mother when she married.

    Though Rebecca Bartholomew gave the gift to her daughter, Rebecca, Rebecca Poythress’ land would have been a joint tenancy between herself and her husband if there was no prenuptial. Her husband could have sold the land if he wanted with Rebecca’s consent but he could not leave it to anyone in his will. At her husband’s death, the land would have reverted back to Rebecca.(98) At her death, her land would have gone to her heirs. A record of the sale of Rebecca Poythress’ 300 acres remains lost and cannot be used to verify her husband’s name or her married name.

    Prior to 1720, Rebecca and Charles Bartholomew lived adjacent to Rebecca Bartholomew’s son, John Poythress.(99) All three of Rebecca’s sons, John, Francis and Thomas, lived adjacent to Deep Bottom.(100) The land that Rebecca Bartholomew gave her daughters was located on the western boundary of the land “Batts sold Ardington” that was adjacent on its eastern boundary to her deceased husband, Major Poythress’ 1,250 acres that he acquired in 1683. The Richard Pace, Sr., homestead was about two miles east of Rebecca Poythress’ land. No record has been located wherein any of Rebecca Poythress’ brothers or anyone else gained possession of her land. By September 15, 1717, Anne and Burrell Green(101) were living in Surry Co. as was Richard and Rebecca Pace who were living in Surry Co. by 1718.

    There was no reason to cause any confusion at the sale of Anne Bartholomew’s 200 acres in 1721 by changing “Rebecca Poythress” to Rebecca’s married name or her husband’s name on the deed of sale. Rebecca Poythress’ maiden name would never change. If anything, Rebecca Poythress’ name aided with identification purposes. Additionally, Rebecca Poythress’ brother, Francis Poythress, was there to affirm the process and ensure a full and free title to the property as he would have been his sister’s heir as she had no children.(102) He would have been able to confirm that Anne Bartholomew was Anne Green, that Rebecca Poythress was Anne’s half-sister and his full sister. He would have been able to confirm that Mrs. Rebecca Poythress and Rebecca Bartholomew were the same person and the mother of Anne, Rebecca and himself and that Anne and Burrell Green were the rightful owners of the land. Francis would have been well known at the courthouse. There were three witnesses to this deed who would be able to confirm in future court proceedings what had occurred during the sale of this land and be able to confirm the identities of those involved. Notice that Burrell Green did not sell the land with Anne acknowledging release of her dower in the land. She was the owner of the land in joint tenancy with her husband, Burrell Green.

    Rebecca Bartholomew’s deeds to her daughter were witnessed by John Woodlief. John Woodlief (1643-c. 1716), was the husband of Mary Wynne (1665-aft. 1707), the daughter of Robert Wynne and Mrs. Mary Poythress.(103) John and Mary were the brother- and sister-in-law of Rebecca Bartholomew.

    The second witness, Richard Walpole, was the son of Caesar Walpole. Caesar Walpole bought land adjacent to Elizabeth Tye Jane and Dr. John Coggin in 1664.(104) Caesar Walpole also had a daughter, Sarah, who married William Epes. In his will, Caesar left his land to his daughter and son. His daughter, Sarah, and her husband, William Epes, sold her inheritance of 100 acres to James Pace, the brother of Richard Pace, Jr. When James Pace bought the Epes’ farm in 1715, he had to cross Elizabeth Jane’s old farm to get to the Richard Pace, Sr., homestead to visit his mother, Mary Whitmore.

    The third witness, John Denton, appeared with Richard Pace, Jr., and most of Richard’s family at the estate sale for John Barlow in 1738 in Surry County.(105)

    When comparing the two deeds, Anne Bartholomew and Rebecca Poythress both received land “with all houses, edifices, gardens, orchards, plantations,” etc. Their mother prefaced her deeds by writing that “in consideration of the natural love and affection we bear to our daughter(s)...and...“for & towards the bettering & advancing” of their “fortune(s) in the world, do give grant enfeoff & confirm & by these presents have given granted enfeoffed & confirmed unto the said” daughters and their “heirs & assigns forever...” Anne may have been a newlywed in 1711 and would have been approximately the same age as her mother when her mother married.  Her sister, Rebecca, was 32 years old in 1711 and 42 years old in 1721. Rebecca would not have received a gift of land from her mother if she had been mentally challenged and there was no mention in the 1721 deed description that Rebecca was deceased.

    Rebecca Bartholomew gifted the land to her daughters on Monday, September 10, 1711, perhaps as a result of the increasing tension with the Indians and the possibility of inevitable hostilities. When colonial Governor Alexander Spotswood was sworn into office in June of 1710, he discovered the colony was anticipating an Indian war. On or about September 10th or 11th, 1711, Tuscarora Indians captured John Lawson, Baron Christopher de Graffenreidt and two servants while they were on the Neuse river in North Carolina.(106) A few days later, Lawson and one servant were killed and de Graffenreidt and the second servant were kept as prisoners. By September 21, the Tuscarora were scouting and making preparations to attack homesteads and settlements along the Roanoke, Neuse and Trent rivers and the City of Bath. At dawn on September 22, Chief Hancock and his band of Tuscaroras and their allies made their attack. They continued the massacre for three days, butchering, impaling and scalping their victims, men, women and infants and took a number of prisoners. In Bath, more than 130 people were killed.

    “After the Tuscarora and other border Indians massacred the white settlers in eastern North Carolina, Virginia Governor Alexander Spotswood sent some of the militia out to prevent the Virginia Indians from joining them. He made arrangements to meet with the heads of the Tuscarora Indians who had not been involved in the war. He and 1,600 militiamen from Prince George, Surry and Isle of Wight counties, 900 foot soldiers and 700 cavalrymen, went to Nottaway Town.”(107)

    From William Byrd’s diary for October 8, 1711: “...After dinner we sat in council concerning the Indians and some of the Tributaries came before us who promised to be very faithful to us. It was agreed to send Peter Poythress to the Tuscaroras to treat (with) them and to demand the Baron Graffenriedt who was a prisoner among the Indians. It was also resolved that the militia of Prince George, Surry, and Isle of Wight should rendezvous at Nottaway town on Wednesday next and the Governor [Spotswood] be there with them to show some part of our strength to the Indians. In the evening came several gentlemen and Mr. Bland among them with letters from the Governor of Carolina which told him how backward the people of that country were to (advantage) themselves...”(108)

    From Byrd’s diary for October 9, 1711: “...About 3 o’clock the Tuscarora Indians came with their guard and Mr. Poythress was with them. He told the Governor that the Baron was alive but that Mr. Lawson was killed because he had been so foolish as to threaten the Indian who had taken him...[The Indians were ‘treated with’ and dispersed].”(109)

    The call to arms for the militia required all able-bodied men, citizens of the three counties, from 16 to 60 years of age to respond and would have included Rebecca Bartholomew’s sons; Captain John Poythress, Francis Poythress and Thomas Poythress; Charles Bartholomew’s sons, John and Charles Bartholomew; Jane Tye Wicket’s son, Philip Jane; Lewis Green’s son’s, including Burrell Green; and many of the Pace family members, Richard, Jr., James, John and Richard, Jr.’s nephew, Richard Pace. Charles Bartholomew was exempted from the call due to his age. He and others of advanced age remained at home on alert as a home guard. It was not until 1713 that the settlers regained control of their lives and not until February 11, 1715, that the Tuscarora signed a treaty that formally ended the war.

Rebecca Coggin Poythress Bartholomew

    Any real property that Rebecca Coggin Poythress brought to her marriage to Charles Bartholomew automatically became her husband’s property unless a prenuptial agreement was signed before the marriage took place.(110) By law, while Rebecca was a widow, she could act as an executrix or administratrix for her late husband’s estate - which she did; be officially designated as the guardian of her children - which she did as she had the means; and, buy and sell land - which she did when she was granted a thousand acres and subsequently split the tract and sold half to her brother-in-law, Joshua Wynne, who later sold the land to Littlebury Epes.

    Unless Rebecca made legal arrangements in advance of her marriage to Charles, he gained a life interest in her land - a joint tenancy. Without the prenuptial, Charles could have sold her land if he wanted but it would have required Rebecca’s consent. Charles could not devise Rebecca’s land in a will. If Charles died first, the land reverted back to Rebecca because the title never transferred. If Rebecca died first, her land went to her heirs.

    When Rebecca gave her gifts in 1711, she expressly stated that the gifts were for her daughters, Anne and Rebecca. Rebecca had already administered her husband’s estate and her sons, Francis, Thomas and John Poythress, had already received their inheritances. Daughter, Rebecca, would have received whatever personal property that her father bequeathed to her, and wife, Rebecca, would have received her dower interest. By 1704, Francis was paying taxes on 1,283 acres, John on 916 acres and Thomas on 616 acres.(111) Rebecca’s husband, Charles, paid taxes on 600 acres including Rebecca’s 500 acres.

    The gift to daughter, Rebecca Poythress, would not necessarily have had her daughter’s husband’s name as the owner of the 300 acres. Rebecca Bartholomew specifically gave the land to her daughter, not her son-in-law. It is noteworthy that in Anne’s deed, it read, “enjoy to her, & their own proper use,” but in Rebecca Poythress’ deed, it read, “enjoy the lands & premises hereby given and granted.” Rebecca Poythress’ husband, if she was married, would have automatically acquired a life interest in the land. At her husband’s death, the land would have reverted back to Rebecca. It did not matter whether Rebecca Poythress acquired the land before her marriage or during her marriage. As a widow, Rebecca would have owned her own property. The deed to daughter, Anne, functioned as a will as a married woman did not have the right to make a will.

    61 (1) Chas. Cty. Co., Va., Ct. Orders, 1687-1695, p. 506, step-sisters 3 Aug 1694. (2) Fleet, Beverly, Virginia Colonial Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 55, C-11, p. 259, Elizabeth Tye, daughter of Richard Tye, 7 July 1659.
    62 Chas. Cty. Co., Va., Ct. Orders, death of Richard Baker, 26 June 1665.
    63 (1) Fleet, Beverly, Va. Colonial Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 37, C-11, p. 185, John Coggin married Mrs. Joyce Tye, 3 June 1659. (2) Chas. Cty. Co., Va., Ct. Orders, deed of partition dated 4 Feb 1664/5, 7 Feb 1664/5. (3) Chas. Cty. Co., Va., Ct. Orders, 1664-1696, p. 592, 3 Oct 1665.
    64 Chas. Cty. Co., Va., p. 530, Richard Baker to Richard Pace, 3 Feb 1664/5, 7 Feb 1664/5.
    65 Pr. Geo. Co., Va., Wills & Deeds, 1710-1713, p. 51, John Wicket and wife, Eliza to John Wilkins, 14 Apr 1711, 8 May 1711.
    66 (1) Fleet, Beverly, Virginia Colonial Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 7, C-11, p. 145, Capt. Richard Tye present as judge, 3 June 1658. (2) Fleet, Beverly, Va. Colonial Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 23, C-11, p. 164, LW&T of Capt. Richard Tye, 3 Dec 1658.
    67 (1) Fleet, Beverly, Virginia Col. Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 23, C-11, p. 164, probate granted Mrs. Joyce Tye, 3 Dec 1658. (2) Fleet, Beverly, Va. Col. Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 37, C-11, p. 185, Mr. John Cogan married relict of Capt. Richard Tye, 3 June1659.
    68 (1) Chas. Cty. Co., Va., Pat. 2, pp. 233-234, grant to Richard Tye, 26 Oct 1649. (2) Fleet, Beverly, Virginia Colonial Abstracts, Chas. Cty. Co., Va., Vol. 1, 1658-1661, p. 55, C-11, p. 259, 7 July 1659, Richard Tye and Mrs. Joyce Cheney married about 1649. Elizabeth Tye was their oldest daughter. (3) Chas. Cty. Co., Va., Ct. Orders, 1664-1696, p. 443, James Ward released as security with John Cogan for estate of Capt. Rich’d. Tye’s orphans.
    69 Fleet, Beverly, Va. Col. Abstracts, Ct. Orders, Vol. 1, 1658-1661, p. 37, C-11, p. 185, 3 June 1659, Dr. John Coggin and Mrs. Joyce Tye married in 1659, Rebecca Coggin was their daughter.
     70 (1) Chas. Cty. Co., Va., Pat. 2, pp. 233-234, grant to Richard Tye, 26 Oct 1649. (2) Fleet, Beverly, Virginia Colonial Abstracts, Chas. Cty. Co., Va., Ct. Orders, Vol. 1, 1658-1661, p. 55, C-11, p. 259, 7 July 1659, Richard Tye and Mrs. Joyce Cheney married about 1649. Frances Tye was younger than her sister Elizabeth Tye.
    71 Fleet, Beverly, Va. Col. Abstracts, Chas. Cty. Co., Va., Vol. 1, p. 687, Frances Poythress bound to Thomas Boyce, 30 June 1648, 9 Nov 1657.
    72 Chas. Cty. Co., Va., Pat. 5, p. 511, Emelia, wife of Thomas Boyce, 12 Oct 1665.
    73 (1) Chas. Cty. Co., Va., pat. 2, p. 297, grant to David Peebles, 5 Aug 1650. (2) Chas. Cty. Co., Va., Ct. Orders, 1687-1695, p. 180, John Poythress married Christian Peebles, 18 Dec 1688.
    74 (1) Dotson, Flora B., “Analysis of Cheney Boyce, Richard Tye, and John Coggan and Poythress,” Jan 1987, pp. 5-6, Henric Co., Va. (2) Will of John Worsham, dated 9 June 1729, proved 1 Oct 1729. Colonial Wills of Henrico Co., Va., Part One 1677-1737. Abstracted by Benjamin Weisiger III. Henrico Wills & Deeds, 1725-1737, p. 248.
    75 Chas. Cty. Co., Va., 1655-1665, p. 272, Col. Edward Hill to John Poythress, Apr 1661.
    76 Chas. Cty. Co., Va., Ct. Orders, 1687-1695, p. 188.
    77 (1) Chas. Cty. Co., Va., Pat. Bk. 7, 1679-1689, p. 335, grant to Major Francis Poythress, 20 Nov 1683. (2) Chas. Cty. Co., Va., Pat. Bk. 7, 1679-1689, pp. 338-339, grant to Col. Edward Hill, 20 Nov 1683.
    78 To place 1,250 acres into perspective, 640 acres is one mile squared.
    79 Howard, Bruce, Colonial Ancestors 1609-1799, Specialty Publishing & Printing, Box 414, Quitman, MS, 1998, pp. 72-82. Richard Pace, Sr., moved his family from his plantation about 1667 to live in Surry Co., Va. About 1677, he returned home and bought additional land one mile SW of his homestead. After Richard’s death before Feb 1677/8, his family’s neighbors continued to be the Coggins, Janes, Poythress, Goodrich and Whitmore families. The homestead remained in the family as is evident from records citing the property in 1710 (Pr. Geo. Co., Va., Wills & Deeds 1710-1713, p. 51, John & Eliza Wicket to John Wilkins, 14 Apr 1710-8 May 1711), 1711 (Pr. Geo. Co., Va., Wills & Deeds, p. 92, William Barlow to John Wilkinson, 11 Jan 1711-11Jan 1711), 1713 (Pr. Geo. Co., Va., Wills & Deeds, 1710-1713, p. 246, Francis Mallory to John Hatch, 14 July 1713-13 Oct 1713), and 1715 (Pr. Geo. Co., Va., Wills & Deeds, p. 94, William & Sarah Epes to James Pace, 7 Nov 1715). James Pace purchased land near the Pace homestead. 
    80 Dorman, John Frederick, (1928-2021), 4th ed., Vol. 3, “Adventurers of Purse and Person,” Virginia, 1607-1624/5, 2005,” publ. by Genealogical Publishing Co., Inc., in collaboration with the Order of First Families of Virginia, pp. 196 & 198.
    81 Chas. Cty. Co., Va., Order Bk., 1655-1665, p. 179, mother, Mrs. Sara Maycocke, 25 Apr 1659, 19 May 1659.
    82 Dorman, John Frederick, (1928-2021), 4th ed., Vol. 2, “Adventurers of Purse and Person,” Virginia, 1607-1624/5, 2005,” publ. by Genealogical Publishing Co., Inc., in collaboration with the Order of First Families of Virginia, pp. 766. Mr. Dorman cited “Patent Bk. 2, p. 252. For description of ‘Macocks’ see W(1) XIII, p. 89; Massachusetts Historical Society, Collections, 3rd ser., III (Boston, 1810), p. 90.” Sara Maycock was addressed as Mrs. Sara Maycocke in this document and any misunderstanding as to her identity was clarified by Mr. Dorman’s research.
   83 Boddie, John Bennett, Historical Southern Families, Vol. 1, pp. 182, 322-323, Will of Jeremiah Exum, 3 Sept 1712, 28 Mar 1720.
   84 Chas. Cty. Co., Va., Court Orders, 1687-1695, Mrs. Rebecca Poythress took oath as administratrix of her late husband’s estate, 15 Sept 1692.
   85 Chas. Cty. Co.,.Va., Court Orders, 1697-1695, p. 506, Court testimony re: Charles Bartholomew and Rebecca Poythress, 3 Aug 1694.
    86 (1) Chas. Cty. Co., Va., Order Bk., p. 150, Rebecca Poythress to Joshua Wynne (first part missing), 2 Feb 1692(/3), 3 Feb 1692(/3). (2) Chas. Cty. Co., Va., Order Bk., p. 150, 3 Feb 1692(/3), 3 Feb 1692(/3). Power of attorney from Rebecca Poythress to Charles Bartholomew to convey above land.(3) Chas. Cty. Co., Va., Order Bk. 1694-1700, p. 206, Joshua Wynne to Littlebury Epes, 4 June 1694. Joshua Wynne sold Littlebury Epes 500 acres “lying near the head of Bayley’s Creek on the South side of James river in the afforesd County Charles Citty...with all houses orchards pastures fences Woods Waters privileges profitts and emoluments whatsoever.” Joshua’s wife, Mary, relinquished her right of dower. 
    87 Pr. Geo. Co., Va., Records, The Virginia Magazine of History and Biography, Vol. 4, No. 3, Jan 1897, pp. 272-292. The oldest book in the PG Co. Courthouse is the deeds, wills, inventories and misc. instruments, 9 Feb 1713/14 to 14 May 1728, with a few records back to 1711, 1,116 pages of records. The second oldest book contains minutes of county court Mar term 1737/8 to Apr 1740 and a single court of Sessions and two or three courts of Oyer and Terminer by special writ to local justices, 87 to 400 pages. The third book covers the clerkship of Theodorick Bland with contents similar to book 1, 12 June 1759 to 10 June 1760, fragments of 75 to 196 pages. The fourth book contains instruments of earlier dates, 13 Feb 1787 to 8 Nov 1792. These are the only extant original volumes remaining for PG Co. prior to 1800. If Rebecca sold her 300 acres after 14 May 1728, there would be no record of it. There is possibly no extant record of Rebecca Poythress’ land transferring after her death.
    88 Chas. Cty. Co., Va., Pat. Bk. 8, 1689-1695, p. 241, grant to Mrs. Rebecca Poythress, 29 Apr 1692.
    89 Pr. Geo. Co., Va., Wills & Deeds, p. 70, Charles Bartholomew & Rebecca Bartholomew to Anne Bartholomew, 10 Sept 1711, 13 Sept 1711.
    90 Chas. Cty. Co., Va., Ct. Orders, 1687-1695, p. 509.
    91 Easterly Run is now known as Manchester Creek in present Pr. Geo. Co., Va. Others that lived on or very near Easterly Run included Henry Batte, Robert Birchett, Douglas Irby, Daniel Meadows, Mathew Smart, Sr., William Mattock, James Lundy and Peter Fairfax, but very few records have been located revealing the details of their tracts of land. Littlebury Epes’ 500 acres was on the western boundary of Rebecca Poythress’ land. Adjacent to Epes was William Mattock, Mathew Smart, Sr., and Daniel Meadows.
    92 Benjamin B. Weisiger, III, “Pr. Geo. Co., Va., Ct. Orders & Returns of Executions 1714-1720,” Magazine of Virginia Genealogy, Vol. 24, #2, May 1986, p. 61.
    93 Nell Marion Nugent, Cavaliers and Pioneers, Vol. II, p. 235.
    94 Benjamin B. Weisiger, III, Charles City Co., Va., Records 1737-1774 with Several 17th Century Fragments, p. 68, Fragment of Will & Deed Book 1692-1694, p. 160.
    95 Benjamin B. Weisiger, III, Prince George County, Virginia Wills & Deeds 1713-1728, 1973, p. 22. Prince George Co. Records 1713-1728, Part II, p. 171, Robert Burchet to Duglas Irby, 7 June 1717. Birchett Estates presently exists on the south side of Manchester Run (Easterly Run). 
    96 Benjamin B. Weisiger, III, Prince George County, Virginia Wills & Deeds 1713-1728, 1973, p. 24. Prince George Co. Records 1713-1728, Part II, p. 188, James Lundy to Daniel Meadows, 7 Oct 1717.. 
     97 (1) Chowan Co., NC, Deed Bk. 8, pp. 174 & 195, grant to Richard Pace, Jr., 1 Mar 1719/20. Richard Pace, Jr., the son, was 21 when he acquired this land in 1719/20. (2) The Pace Family, 1607-1750, First ed., Vol. 1, compiled by Freda Reid Turner, copyright 1993 by Eleanor Pace Terrell, p. 109.
    98 “What Genealogists should know about 18th Century Virginia Law” by Mr. John P. Alcock, President, Friends of the Virginia State Archives. Presented November 17, 1999, at the Library of VA, sponsored by the Friends of the Virginia State Archives. https://freepages.rootsweb.com/~jcat2/genealogy/18centvalaw.html. “Women’s rights: In Colonial Virginia a married woman became ‘one body’ with her husband (Matthew 19, verses 5-6). Together with ‘wives be subject to your husbands’ (Ephesians 5, verses 22-24), these dictums were the basis of English law and continued as American law well into the 19th century. The result was that the rights of a married woman were severely restricted with certain exceptions, she was not allowed to own land in her own right nor to make a will. Any real property that she brought to a marriage automatically became her husbands unless she had insisted on a prenuptial agreement signed before the marriage took place.”
    99 Pr. Geo. Co., Va., Deeds & Wills, 1713-1728, John Roberts & Thomas Winningham to Dorrell Young, Jr., 8 Apr 1718.
   100 (1) Pr. Geo. Co., VA., Deeds & Wills, 1713-1728, Francis Poythress to John Poythress, Jr., 8 Nov 1720. (2) Chas. Cty. Co., Va., Pat Bk 9, p. 571, grant to John Poythress, 21 Apr 1703, 23 Oct 1703. John Poythress, Jr., was granted 609 acres on April 21, 1703, on the south side of the Blackwater for paying the transportation of Charles Bartholomew, Elizabeth Smith, Elizabeth Brumfield, Joyce Bibrek, Richard Wilkinson and Robert Lloyd. This land was previously granted to his father, Francis Poythress on September 28, 1681.  
   101 Surry Co., Va., Deeds, Wills, Bk. 7, p. 76, 15, George Pasmore to William Raney, 15 Sept 1717, 18 Sept 1717.
   102 If Anne Bartholomew did not have children, her heir would have been her half-brother Francis Poythress.
   103 Virginia Magazine of History and Biography, Vol. 33, p. 180.
   104 (1) Chas. Cty. Co., Va., Abstract, Deed, p. 476, James Wallace to Caesar Walpole, 19 May 1664, 10 June 1664. (2) Pr. Geo. Co., Va., Wills & Deeds, p. 94, Wm. Epes & Sarah Walpole to James Pace, 7 Nov 1715.
   105 Surry Co., Va., Deeds, Wills, 1730-1738, p. 881, Acct. of estate of John Barlow, 16 Aug 1738.
   106 La Vere, David, The Tuscarora War, Indians, Settlers, and the Fight for the Carolina Colonies, The University of North Carolina Press, Chapel Hill, 2013.
   107 Brown, Douglas Summers, “Historical and Biographical Sketches of Greensville County, Virginia, 1650-1967, Riparian Woman’s Club, Emporia, Va., 1968, pp. 31-38.
   108 Byrd, William (1674-1744), The Secret Diary of William Byrd of Westover, 1709-1712, p. 418, 1941, edited by Louis B. Wright & Marion Tinling.
   109 Byrd, William (1674-1744), The Secret Diary of William Byrd of Westover, 1709-1712, p. 424, 1941, edited by Louis B. Wright & Marion Tinline.
   110 “What Genealogists should know about 18th Century Virginia Law” by Mr. John P. Alcock, President, Friends of the Virginia State Archives. Presented November 17, 1999, at the Library of VA, sponsored by the Friends of the Virginia State Archives. https://freepages.rootsweb.com/~jcat2/genealogy/18centvalaw.html. “Women’s rights: In Colonial Virginia a married woman became ‘one body’ with her husband (Matthew 19, verses 5-6). Together with ‘wives be subject to your husbands’ (Ephesians 5, verses 22-24), these dictums were the basis of English law and continued as American law well into the 19th century. The results was that the rights of a married woman were severely restricted with certain exceptions, she was not allowed to own land in her own right nor to make a will. Any real property that she brought to a marriage automatically became her husbands unless she had insisted on a prenuptial agreement signed before the marriage took place. Even after she was widowed and had received a life interest in a specific third of her late husband’s land following a division of the estate made by court-appointed commissioners, she had no say as to whom it would pass after she was gone. She could not sue in a court of law other than by the same “next friend” procedure provided for minors and the mentally incompetent. Only if a woman was an adult and unmarried, either as a widow or never a bride, could she sue in court, act as an executrix or administratrix, be officially designated as the guardian of her children, enter into contracts including indenture of servants, own slaves, sell or buy land, or obtain an ordinary license.”
   111 “Virginia Quit Rent Rolls, 1704,” The Virginia Magazine of History and Biography, 07/01/1920.



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Charles City County, Later Prince George County, Virginia

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