Friday, May 31, 2024

Major Francis Poythress (1639-1688), of Westover Parish, 2nd Generation, Virginia Colony

Francis Poythress was born about 1639, in Charles City Co., the son of Captain Francis Poythress and Mary [Sloman?]. He married Rebecca Coggin, the daughter of Dr. John Coggin and Mrs. Joyce Boyce Tye. Their children were (1) Francis, (2) Rebecca (~1679-bef. 12/11/1721), who may have married Richard Pace; (3) John (~1681-1724), who may have married Mary [Hardyman?]; and, (4) Thomas (~1683-1749). Major Francis Poythress died before February 3, 1688.

October 12, 1665, Thomas Boyce and his wife, Emelia Craven, transferred 650 acres, her inheritance in Charles City Co., from her grandfather, Richard Craven, to Dr. John Coggin (c. 1620-c. 1694). Coggin had petitioned the court on December 3, 1660, asking to be discharged by Thomas Boyce for having provided Thomas "full satisfaction of all his estate and person from Captain Richard Tye, deceased." Dr. Coggin had married Thomas Boyce's mother, Mrs. Joyce Boyce Tye, in 1659. Her second husband, Richard Tye, died in 1658. Richard and Joyce Boyce Tye had daughters, Elizabeth Tye and Frances Tye. John and Joyce Coggin had daughter, Rebecca Coggin, about 1660.  [Fleet, Beverly Virginia Col. Abstracts Chas. Ct. Volume 1, 1658-61, p. 84, C-11, p. 239, December 3, 1660.]

Professional Life

July 15, 1669, Mr. Tho. Newhouse of Charles City Co., given land, transporting “Fra Poyters.” [Pat Bk 6, p. 227]

April 3, 1673, Captain Francis Poythress was a court justice at Westover, in Charles City Co., with Mr. Anthony Wyatt, Colonel Robert Wynne, Major Edward Hill, Mr. John Drayton, Mr. Thomas Epes and Mr. James Bisse. [James Bisse was the third husband of Mrs. Sarah Barker Taylor Lucy (1623-1694). Thomas Epes (bef. 1654-), the son of Mr. Thomas Epes (1630-1679) and Elizabeth, married a daughter of Mr. Anthony Wyatt. John Drayton married Mrs. Elizabeth Bishop Peebles about 1658. Edward Hill (1637-1700) was the son of Edward Hill and Hannah Jordan. Captain Francis Poythress was a Court Justice by age 34.] [Charles City Co., Va., Order Book, p. 509.]

April 3, 1673, at a court at Westover, in Charles City Co., the deposition of William Vaughan, aged 48 years, sayeth that the next day after the burial of Morgan Jones, his widow came to this deponents house immediately I sent for Morgan Jones when he came he declared there was a will of Morgan Jones, deceased at his home that he made when he lived William Jordan withal told her where she might find it together with the lease moreover he said he had another will of the said Morgan's, deceased, at his own house which was made by him when he was last up in Appamatock which was made since the other he replied that there was but one witness that was himself which Morgan Jones did intend his country man Thomas Jones should have been a witness to it and further sayeth not. William Vaughan. Jurat Coram. Francis Poythress. [Charles City Co., Va., Order Book, p. 518.]

June 4, 1673, the court, at Westover, was composed of Mr. Anthony Wyatt, Lt. Col. John Epes, Colonel Robert Wynne, Major Edward Hill, Captain Otho Southcott, Mr. James Bisse, Mr. Dan Clarke and Captain Francis Poythress. It was decided at this court that only one ordinary would exist north of the James River and that the court would not be moved from Westover for the next twenty-one years. Francis was present in court for July, August, and October, 1673, and in 1676.

August 4, 1673, at a Westover court, in Charles City Co., Abstract. Judgement to Anthony Wyatt against Francis Poythress, attorney of James Halladay for payment of 4 gallons of rum due by testimony of Robert Wynne. [Charles City Co., Va., Order Book, p. 533.]

In March, 1676, war was declared against the Indians and it was ordered that the forts be garrisoned and that Sir Henry Chicheley be placed in command of five hundred enlisted men to disarm neighboring Indians. Chicheley was recalled by Sir William Berkeley before the march on the Indians began. In May, 1676, an overseer and a servant of young Nathaniel Bacon were slain by Indians with the result that Bacon sent word to Berkeley requesting a commission. In the interim, Bacon took command of five hundred men and marched to the falls on the James. Despite losing all but sixty of his men to Berkeley's recall, Bacon and his remaining followers routed a party of Indians at an old fort. Upon Bacon's return home, he was elected to the Burgess from Henrico Co. Soon thereafter, Berkeley had Bacon arrested but released him upon an oath by Bacon that he would be a gentleman. However, Bacon set out again and defeated Indians at every encounter, the largest fight being against the Appomattox Indians at the present location of Petersburg, Va. By September, 1676, plantations seemed to be safe from Indian attack. Returning to Jamestown, Bacon and his men set fire to the town while Sir William Berkeley watched the event from his ship on the James River. Leaving Jamestown, Bacon marched his men to Gloucester Point where he crossed the York River into Gloucester Co. He planned to fight Colonel Brent and his twelve hundred men but Brent's men deserted upon the approach of Bacon. After twenty weeks of fighting and living in the open country, Bacon died on October 1, 1676. No one else could provide the leadership that young Bacon had provided, and Berkeley, with newly arrived support from England, began to capture the leaders of the rebellion and hanged many of them.

June 12, 1677, the court, at Westover, was composed of Colonel Edward Hill, Colonel John Epes, Major John Stith, Captain Thomas Mallory, Captain Daniel Lewellin and Captain Francis Poythress. During the 12th, 13th and 14th of the month, Francis, acting as a Commissioner with others, examined various persons in regard to a certain petition that had been presented to the Governor and Council from Charles City Co. This petition may have pertained to the aftermath of Nathaniel Bacon's rebellion. Frances was also nominated to prepare a list of tithables for Jordan's parish, in Charles City Co. On September 14, 1677, action was taken against a number of men for trespassing at Captain Arthur Allen's plantation, as Allen had been removed from his home by the rebels during Bacon's rebellion. Among the jury, was Francis' brother, Mr. John Poythress, and Mr. Richard Pace. The action was withdrawn. [Charles City Co., Va., Order Book, 1676-1679.]

Francis was re-appointed as a court justice on November 19, 1677, and appeared in court in November and December, 1677; and, April, June, August and December, 1678. Charles City Co., Va., Order Book, 1676-1679.]

December 5, 1678, he was ordered to collect taxes in Jordan's parish and appeared in court as a justice in February, March and April, 1679, and February, 1680. [Charles City Co., Va., Order Book, 1676-1679, p. 349.]

In February, 1678/9, the members of the court were Colonel Edward Hill, Lt. Col. Daniel Clarke, Major John Stith, Lt. Col. Thomas Grendon, Mr. Thomas Blayton, Mr. Bernard Sikes, Major Francis Poythress and Mr. Henry Batte. [Charles City Co., Va., Order Book, 1676-1679, 18 Feb 1678/9, p. 356.]

In March, 1678/9, at Westover court, as Major Francis Poythress, he declared that he had impressed a cow valued at 450 pounds of tobacco from John Hughson for the use of the soldiers. The certificate was granted to the Assembly. On April 4, 1679, at Westover court, he was involved in a case against William Hoskins that was dismissed. [Charles City Co., Va., Order Book, 1676-1679, p. 374.]

The court was held at Flowerdew Hundred at the house of Captain Robert Lucy on February 3, 1680/1, with Lt. Col. Clark, Captain Batt, Major Francis Poythress, Mr. Drayton, Captain Wyatt and Mr. Netherland. Colonel Hill, Lt. Colonel Clark, Captain Llewellin, Major Francis Poythress, Captain Batt, Mr. John Drayton and Mr. Netherland were present as justices in the last entry of 1681 for Charles City Co. [Charles City Co., Va., Court Orders, 1687-1695, (includes fragment for 1680).]

Abstract. A Court at Westover 3 Feby 1685. Present: Coll. Edw. Hill, Major Poythres, Capt. Batt, Mr. Netherland, Justices. [Charles City Co., Va., Court Orders, 1687-1695, p. 5.]

Court at Westover. Abstract. Com of admr. jointly to Maj. Fran. Poythres and Mr. Peter Read on est. of Ann Young decd. Est. to be equally div. btwn. orphans of dec’d. Maj. Poythres and Mr. Robt. Bolling give bond £60. Sterling. Mr. Peter Read and Mr. John Jean (Jane) give bond in same amt. [Charles City Co., Va., Court Orders, 1687-1695, p. 6, 3 Feb 1685.]

Court held at Westover. The suit commenced by Dr. John Terrey agst. James Roberts for 800 lbs. tob. is referred to next ct., that he may procure the oath of Maj. Fra. Poythress concerning what agreement was made between the plt. and one Roger Obryan his late patient in reference to this suit. Doctor Jno. Terrey behaving himself very unduly and unmannerly in threatening to appeal before judgement given and challenging the court with oppressing a subject’s privilege, he is committed to give bond for his good behavior. [Charles City Co., Va., Court Orders, 1687-1695, p. 96, 1687.]

Francis was present in the Charles City Co. court, as a justice, in February, 1685/6. Sometime between this appearance and the February 3, 1687/8, court record, Francis made a trip to England and returned to Virginia. He was treated by Dr. James Tubb but subsequently died. His lack of attendance at court was noted on February 3, 1687/8, and at the April 3, 1688, court, a request was made to fill two positions, one of these positions was vacant due to his death. 

The records for February 3, 1687/8, at Westover court, noted that Major Francis Poythress, Captain Nicholas Wyatt, Captain Henry Batte and Mr. Robert Netherland had not been in attendance to do their duty as justices and therefore had left the court weakened. [Charles City Co., Va., Court Orders, 1687-1695, p. 104.]

April 3, 1688, it was requested of the Burgesses that Mr. John Taylor and Mr. Robert Bolling be added as justices due to the lack of attendance of Poythress, Batte and Netherland. [Charles City Co., Va., Court Orders, 1687-1695, p. 121.]

Civic Activities

Prior to 1662, vestrymen were elected by the parishioners. It was called the "open vestry" but after this time the vestry was closed and the people of the parish had no say. This meant taxation without representation. 

In December, 1685, Mr. Peter Read and Francis became joint administrators of the estate of Ann Young, deceased. In February, 1686, in Charles City Co., Francis and Mr. Robert Bolling gave a joint bond of £60 on the estate of Ann Young. Peter Read and Mr. John Jane gave a bond in the same amount. [John Jane was Francis' brother-in-law.] On December 4, 1694, at Westover court, Henry Reed exhibited a bill in Chancery against Charles Bartholomew and Rebecca, his wife, the executrix of Major Francis Poythress. Francis had inventoried Ann Young's estate and had appraised it at a value of 5,664 pounds of tobacco. He and Peter Read, Ann Young's father, had been granted administration on the estate. Francis held 1,882 pounds of tobacco from the administration of this estate when he had shortly afterwards gone to England, and subsequently died prior to John Young, Ann Young's son, coming to legal age. John Young requested the recovery of the 1,882 pounds of tobacco, his inheritance, and prayed that Charles Bartholomew and Rebecca, his wife, be subpoenaed to answer the suit. It was ordered that the Bartholomews answer the suit at the next court, and that a dedimus potestatum be issued to Captain Peter Perry, Mr. Henry Batte, Captain Charles Goodrich, Mr. Robert Bolling and Mr. Richard Bland, to administer oaths to the Bartholomews. Neither of them appeared and the case was dismissed. [Charles City Co., Va., Court Orders, 1687-1695, p. 6, 3 Feb 1685/6.]

Property: Personal Property and Land

June 3, 1665, in Westover court, in Charles City Co., Frances proved his right, by the testimony of his step-father, Captain Robert Wynne, to 450 acres of land, for transporting nine headrights into the colony, including himself and Thomas Mallory (c. 1635-1678), son of Thomas Mallory (c. 1605-1671). [Charles City Co., Court Orders, 1664-1665.]

The winter of 1672/3 was the hardest season ever experienced by the colony when 50,000 cattle perished. In 1673, Lord Arlington and Lord Culpepper were granted all of the territory in Virginia, including settled and improved plantations, for a term of thirty-one years. They were also granted the power to assign vacant lands and make appointments to different offices. King Charles II had turned Virginia into a proprietary government.

To all &c Whereas &c Now Know ye that I the said Sr. Henry Chisholm Kt. his Majesties Deputy Governor &c give and grant unto Major ffrancis Poytress an irregular tract of land on the blackwater lying on the south side of James River and in the County of Charles Citty beginning at the south side of the Blackwater at a pine and runneth thence south southwest thirty chaines to a corner thence southeast by east forty chaines to a corner to a black oake thence east thirty one chaines thence southeast forty one chaines to the Nottaway path continued eighteen chaines to the first branch continue one hundred and two chaines to the second branch continued thirty three chaines to the black water spring continued 31 chaines to a corner hickory thence southeast by east twelve chaines thence east by north twelve chaines to the third branch continued eighty eight chaines to the blackwater maine swampe to a beach marked fower wayes thence bounding north along the swamp nigh the line of Capt. Robert Lewcy thirteene chaines and northeast 13 chaines and northeast by north eleven chaines &c northeast by east thirty fower chaines and northeast 22 chaines and east five chaines and northeast by east 20 chaines and north north east sixteene chaines as the said swamp windeth and turneth to reedy branch to a white oake marked fower wayes thence north 46 chaines to a corner black oake thence west southwest 16 chaines to a great swamp continued over great swamp 16 chaines to a pine marked fower wayes thence southwest by west 20 chaines thence west sixty two chaines to the branch of corner by Townes quarter continued forty chaines to a to a white oake marked fower wayes thence west northwest thirty nine chaines to the line of Hercules Flood thence for fifty acres had bought of the said Flood southwest forty chaines to a meadow taking in a point of land contayning fifty acres thence by the Maine Swamp west and west by south & west southwest two hundred chaines to the place was begun including six hundred & nine acres two rods 9 poles of land due by transportation of 12 persons &c To have and to hold &c To be held &c yielding and paying &c provided &c dated the 28th day of September Anno Domini 1681. [Pat Bk 7, p. 99]

To all &c Whereas &c Now Know ye that I the said Sr. Henry Chisholm Kt. his Majesties Deputy Governor &c give and grant unto Major Francis Poytries seven hundred and fifty acres of land lying and being in Charles Citty County, according to most ancient and lawful bounds thereof, which Thomas Morgan, died seized of, and was found to escheat to his Majesty, as by an Inquisition recorded in the secretaries office, under the hands and seales of Henry Hartwell Deputy Escheator of the said County and a jury sworne before him for that purpose, dated the 3rd day of August 1681, may more fully appear, which said land is now granted unto the said Major Francis Poytries, who hath made his composition according to Act, To have and to hold &c To be held &c yielding and paying &c dated the 20th day of April 1682. [Pat Bk 7, 1679-89, p. 130]

16 Apr 1683 Mr. Danniell Higgdon 518 acs. Chas. City Co., Westover Parish; S. Side of James River; From Major Francis Poytherys (Poytheris), upon the middle southern branch. [Pat Bk 7, p. 270]

To all &c whereas &c now know ye that I the said Nicholas Spencer Esq. President &c do with the advise and consent of the Councill of State, accordingly give and grant unto Coll. Edward Hill nine hundred and eighty acres and one half of land lying and being in Westover Parish, in Charles Citty County on the south side of James River, six hundred acres thereof bounded according as is expressed and mentioned in a certain Pattent for the same bearing date the thirteenth day of October, in the year of our Lord 1652 granted to Mr. James Warradine who had deposed and lost it for want of seating thereon, the other three hundred and eighty and one half adjoining, and contingent to the said six hundred acres, situate and being in the aforesaid County & Parish the same side of the River, bounded viz: beginning att a red oake corner tree of ye lands of Byears, on ye north side of ye great Road and so up along the Road, as it turns and winds to a corner black oake, on the south edge of the same Road, in the line late sett out for Mr. ffrancis Poytheris, who is in a right line between these two trees, southwest two hundred fifty eight poles, thence along the said line of Mr. Poytheris, south two hundred fifty four poles to a hickory corner tree of Mr. Poythres, and so continues south fifty nine poles, where it intersects with an oke marked line of a Pattent of six hundred acres of land formerly granted to one James Warradine bearing date the 13th day of October 1652 and so along that line, which is forty three degrees to ye eastward of ye north sixty two poles to a corner red oake, thence along one other old marked line of ye same Pattent, northeasterly eighteen degrees & three quarters sixty four poles, thence along one other line of ye same east thirty poles, thence along another line of the same north by east two hundred sixty eight poles thence along another line of the same thirty seven poles, thence south by west a line of ye same Pattent, but one hundred seventy three poles thereof, where it falleth upon a line of Roger Tilmans land, thence along the said Rogers said line northeastward thirty degrees sixty nine poles to his corner oake, and so on the same course along James Binfords line ninety five poles, and yet along on ye line of Robert Abernathy, east northerly thirteen degrees sixty nine poles to a hickory corner, thence along another line of the same east northerly four degrees and an halfe, one hundred twenty seven poles to a corner white oake of Abernathy, Wallice and this land thence west northerly eight degrees two hundred seventy six poles to ye place where it first began to be bounded, within which bounds and the great Road aforesaid are continued three hundred & eighty acres and one halfe of an acre of assize, or very neare thereabouts which said nine hundred and eighty acres and one half of land is due unto the said Coll. Edward Hill in manner following, viz: ye six hundred acres by virtue of an order of ye General Court, bearing date att James Citty ye twenty eight day of November, in the yeare of our Lord God 1682 and for ye importation of twelve persons into this Collony, whose names are mentioned in the records under this Pattent, the remainder for ye importation of eight persons, whose names are also in the records. To have, and to hold &c to be held &c yielding and paying &c provided &c dated this twentieth day of November one thousand six hundred eighty and three. ----- Bradey, ffra. ffinch, Jon: ------, Jon: Wright, ffra. Philbin, Wm. Gage, Hen. Kilian, Jho. Bramson. [PB 7, 1679-89, pp. 338-339]

To all &c Whereas &c Now Know ye that I the said Nicholas Spencer Esq. President &c do with the advice and consent of the Council of State accordingly give and grant unto Maj. Francis Poytheres twelve hundred and fifty acres two rods and thirty poles lying & being in the County of Charles Citty, and in the parish of Jordans, &c and on ye south side of James River, vizt. beginning att a corner hickory belonging to the land of Sampson Ellis, and running thence southwest nigh ye said Ellis line two hundred and sixty poles, crossing ye great swamp and Horse branch to a corner poplar standing on ye middle southern branch, thence west crossing a branch of Ham branch one hundred sixty eight poles to a corner black oake, thence west northwest one hundred poles to the line of Mr. Henry Batt, thence along the said Batt his line north and by west fifty four poles to Mr. Batts his corner, thence east and by north eight degrees northerly one hundred and fifty poles Mr. Batts his corner being a black oake, thence north and by west eight degrees westerly four hundred and fifty six poles to Mr. Batts his corner, thence on the heads of the said Poytheres, Mr. John Woodley and James Mumfords land east five hundred twenty eight poles to a corner beck standing on a run known by the name of the dry bottom run thence up the run south halfe west eighteene poles, and southwest and by south fifty eight poles, and west twenty poles, as ye run windeth and turneth to a corner white oake, thence south three hundred twenty four poles to ye place we began. Including ye aforesaid twelve hundred and fifty acres two rods and thirty poles of land. That said land being due by and unto the said Maj. Francis Poythres by and for the transportation of five and twenty persons into this Colony whose names are in the records mentioned under this pattent. To have and to hold &c To be held &c yielding and paying &c provided &c dated this twentieth day of November one thousand six hundred eighty and three. Sarah Henley, Eliz. Hayes, Wm. Sage, Symon Rouse, Jon. Flud, Jon. Conway, Morgan Welch, Roger Horner, Richard Thornbury, Thos. Wood, Jone Graneley, Wm. Wood, John Lawrence, Jon. Cole, Jon. Rubye, Jon. Aucrine, Jon. Cooper, Jos. Marsh, Geo. Bell, Geo. Crosland, Wm. Arnold, Wm. Sarson, David Haynes, Richard Hind, Eli Brown. [Grandson, Captain John Poythress, Sr., may have lived on some of this land. When Henry Batte left his daughter, Mary, land in his Will, the land was adjacent to Captain Poythress’ land.] [Pat Bk 7, p. 335.]

February 3, 1685/6, a stray negro, named Tony, was ordered to live with Francis Poythress. [Charles City Co., Va., Court Orders, 1687-1695, p. 8.]

To all &c Whereas &c Now know ye that I ye said Fra. Nicholson Esq. &c Their Majesties Lt. Governor &c give and grant unto Mrs. Rebecca Poythres, one thousand acres of land situate lying & being in ye County of Charles Citty according long most ancient and rightful bounds thereof be ye 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 ye said Edw. Ardington of ye said County of Charles Citty as by an Inquisition recorded in the secretarys office under ye hands and seales of Peter Perry Deputy of ye honorable Christopher Wormeley Esq. Escheator of ye said County & a jury sworn before him for this purpose dated the 19th day of November Anno 1690 may appear, & is since granted unto ye Mrs. Rebeccah Poythres who hath made her composition according to law. To have & to hold &c To be held &c yielding & paying &c dated ye 29th day of April Anno 1692. [Rebecca subsequently gave 200 ac. to daughter Anne Bartholomew, wife of Burrell Green and gave 300 ac. to daughter Rebecca Poythress]. [Pat Bk 8, p. 241.]

[Charles City County Order Book, 1694-1700, image 1 1692-1700. Deposited by Wm. H. Pancoast. These old records were found in the woods near one of our camps in the peninsula down in Virginia and sent to the depositor by Samuel Read Esqr. Quarter Master of the first Regt. New Jersey Vol, 1862 No. 1185 No. [blank] Burlington County Lyceum, of History and Natural Science, MOUNT HOLLY, N. J.]

[First part missing] singular its rights members priviledges preheminences properties use inheritance benefits and conveniences & appurtenances there for whatsoever they be unto him the sd [said] Joshua Wynn his heyrs, execrs [executors], and admrs [administrators] and to his and their own proper use and behoof for evermore in as full ample and benificiall and as fully wholy to all intents constructions and purposes as the sd Rebecca Poythres or her heirs and ass. [assignes] may can might or ought to have enjoyed the same and shee the sd Rebecca Poythres for her her heyrs & ass. all & every the above menconed bargained prmisses [premises] unto the sd Joshua Wyne, his heyrs & ass. shall and will warrant and ever defend against all persons clayming by from or under her I wittnes whereof I have hereunto sett my hand & seale the day and date above written. Rebeca Poythres seale. Signed sealed & dettd [dated] in the psne [presence] of Charles Bartholmew Wm Epes Elizabeth Smith Acknowledged in Court of Charles Citty County by Rebecah Poythres (by her Attorney Charles Bartholmew to this end assigned) unto the sd Joshua Wynn the third day of ffebr: [february] 1692. This deed thus acknowledged is here enroled [per] James Minge cl cur. Test. James Minge Cl Cur. Know all men by thes pnts [presents] that I Rebecca Poythres of Charles Citty County doe by thes pnts make ordaine and apoynt and in my stead Charles Bartholmew to be my lawfull Attorny in as full and ample maner as if were here present to make over a parcell of land unto Mr Joshua Wynn as appears by the conveyance bearing date with this prsents as witnes my hand this 2d day of ffebruary 1692 Rebeca Poythres. Test Wm Epes & Wm Epes Eliz Smith. Proved in Court ye third day of February 1692 by the oathes of the sd William & Wm Epes. [Charles City County Order Book, 1694-1700, image 2, 1692-1700.]

February 3, 1692, a deed of land was conveyed from Mrs. Rebecca Poythress to Joshua Wynne with Charles Bartholomew, William Epes and Elizabeth Smith, witnesses. Rebecca had given Charles Bartholomew power of attorney to convey this land. [William Epes (1661-1710) was the son of Francis Epes and Elizabeth Littlebury and the older brother of Colonel Littlebury Epes (1664-1743). Joshua Wynne was Francis Poythress' half-brother.]

June 4 1694 Memord. Uppon the back of a deed of Lands of Rebecca Poythres to Joshua Wynn - wch is on Record pag. 149 of this booke. This following Deed to Litlebury Epes was thus endorsed. viz. Know all men by thes psnts that I Josua Wynn of the County of Charles Citty for and in consideracon of thirty pounds sterl. [sterline] in hand recd. and bargained sold alien,d enfeoffed and confirmd and by thes pnts doe for me my heyrs Execurs and admrs bargain sell alien enfeoff and confirm unto Litlebury Epes of the County afford. his heyrs and Ass. for ever all and every part and parcell of the land in this conveyance within mencond [mentioned] being five hundred acres scittuat and lying neer the head of Bayley's Creek on the South side of James river in the afforsd County Charles Citty And is now in the tenure and occupacon. of the sd Litlebury Epes being by me purchassed of Rebecca Poythres us by ye sd convances dated ye second of ffebruary 1692 more att large may appear with all houses orchards pastuares fences Woods Waters priviliges profitts and emoluments whatsoever to ye same belonging or in any wise aperteining to have and to hold the sd five hundred acres of land with all ye premices and apertenances to the same belonging as aforesd unto ye sd Littellbury Epes his heires & assignes for ever wthout any let Disturbances or molestations from me the sd Joshua Wynn or my heires or any other person or persons Whatsoever and to that intent I ye sd Joshua Wynn doe for my self my heires Executors and Adminisrs Convenant and agree to and with the sd Litellbury Eps [Epes] his heires & assignes to Warrant the quiett and peascable possession of sd Land Wth all ye prems: & apertenances to ye same belonging or in any wise apperteining unto unto ye sd Littellbury Eps his heires and assignes for ever In wittness herof I have herunto set my hand & seal this 4 day of June 1694 Joshua Wynn Mary Wynn Signed Sealed dld in pts of us John Hardiman George Woodlief Tho: Wynn. Acknowledged in Open Court by the sd Joshua Wynn and Mary his wife unto the sd Litlebury Epes. June 4 1694 Test. James Minge Cl Cur. And the sd Mary at the same time being solely Examined Relinquisheth her right of Dower off in and to the sd land unto the sd Littlbury Epes Test. James Minge Cl Cur. Ordered then by the Justices that this Deed thus acknowledged be Recorded. And it is accordingly here Recorded. [Charles City Co. Order Book, 1694-1700, image 39, 1692-1700.]

Adjoining Property

To all &c Whereas &c Now Know ye that I the said Sr. Henry Chisholm Knt his Majesties Deputy Governor &c give and grant unto Wm. Edmonds and John Williams eight hundred eighty eight acres two rods and sixteen poles of land on the south side of James River and in the County of Charles Citty and in the Parish of Jordans, beginning at a corner gumm of Major Poytries standing upon the reedy branch and running thence north 94 poles to a corner black oake thence along Poytries his line west southwest sixty five poles, crossing a great branch to a corner pine, thence north twenty fower poles to the great branch, thence up the branch northwest by west forty poles north northwest ninety six poles, northwest sixty poles north by west eighty six poles crossing into Blands neck, thence still up the branch north by west forty eight poles, north northwest twenty poles, north by west forty poles, north northeast thirty poles to a corner gum thence crossing the branch east by north twenty five poles to a corner black oake, thence north one hundred twenty six poles to a corner pine thence northwest by west eighty seven poles to a corner hickory, thence north forty eight poles to a corner white oake thence east northeast one hundred and ten poles to a corner black oake thence southeast by south two hundred seventy six poles to a corner black oake thence east by south one hundred forty fower poles to a corner pine thence south southeast eighty two poles to a corner pine thence east northeast fifty poles to a corner black oake thence south southeast sixty eight poles thence south ninety eight poles to a corner black oake standing upon the delightful meadow including the aforesaid eight hundred eighty eight acres two rods and sixteen poles which said land is due unto them the said Wm. Edmonds and John Williams by and for the transportation of eighteen persons &c To have and to hold &c To be held &c yielding and paying &c provided &c dated the 20th day of April 1680. Fra: Linsley, Gilbert Hay, Geo. Burge, Wm. Turpin, Wm. Brown, Thomas Manning, Nicho: Whitmore, Priscilla Chenye, Susanna Bridge, James Blamore, Christopher Eiddison, John Aylett, Jean Booth, Sander Hempseed, Rice Pritchett, Elliner Wadard, Mary Horton, Mary Phillips. [Pat Bk 7, p. 124]

To all &c whereas &c now know yee that the said Sir Henry Chicheley, Knight Deputy Governor &c give & grant unto Mr. Hen: Bates and James Thweatt six hundred seventy three acres two rods and six poles of land on the south side of James River, in the County of Charles Citty, and in the Parish of Jordans, beginning att a corner black oake standing upon the line of Mr. J[ohn] Willyams and runneth thence south and by east one hundred & sixty poles to a corner white oake, thence southwest and by south halfe westerly fifteen poles to a corner white oake of Mr. William Edmonds, thence along the line of Mr. William Edmonds, crossing the great swamp west southwest four hundred and thirty poles to a corner shrubby oake, thence north and by west two hundred eighty four poles to a corner pine standing upon the line of Mr. Edward Adington, thence along the said Adingtons and Wingames line east and by north seven degrees three quarters northerly four hundred forty two poles to the place we began at including the aforesaid six hundred seventy three acres, two rods and six poles of land, the said land being due by and for transportation of fourteen persons into this Colony whose names are mentioned &c to have and to hold &c to be held &c yielding and paying &c provided &c dated the 20th of Aprill 1682. Law. Fleming, Faith Sprigwell, Barbary Young, Geo: Wirttin, Richard Longwell, Elizabeth Kendall, Robert Evans, Eusevius, King, Jr., Timothy Allen, Jack, Cephise & Tango negroes, Charles Citty. [Pat Bk 7, p. 153]

To all &c whereas &c now know ye that I the said Nicholas Spencer Esq. President &c do with the advice and consent of the Councill of State accordingly give and grant unto Mr. John Williams a tract of land containing eight hundred forty two acres two rods and twenty five poles of land, lying & being in the County of Charles Citty, & in the parish of Westopher on ye south side of James River, & on ye north side of ye Blackwater maine swamp, viz: beginning att a corner pine belonging to ye land of Mr. Daniell Higdon, & runneth thence along ye said Higdons land west one hundred twenty two poles, to ye line of Wm. Edmunds, thence along ye said Edmunds line, south southeast sixty four poles, & south ninety eight poles to Wm. Edmunds corner, being a black oake, standing on a Branch that goes up to ye land of the old Town, thence south southeast, forty six poles to a small oake, thence southeast one hundred sixty four poles to a corner pine, thence east two hundred twenty two poles, to a corner spanish oake, thence south two hundred & sixty poles to a corner pine, thence east one hundred fifty two poles, crossing the head of Tanners Branch to a small black oake saplin standing in ye line of Coll. Edward Hill, thence along ye said Hills line, north two degrees westerly two hundred & fifty poles crossing Tanners Branch to a corner pine, thence northwest one hundred thirty three poles, crossing Scotch Branch to a corner pochickory, thence north and by west crossing ye Blackwater path twenty nine poles to a corner black oake, thence northwest and by north three hundred poles to ye line of Richard Paces corner, thence along Pace’s line west ninety three poles to Richard Pace’s corner, thence south southwest nine degrees westerly thirty poles to ye place we began including ye aforesaid eight hundred forty two acres two rods & twenty five poles of land, ye said land being due unto him ye said Mr. John Williams by & for ye transportation of seventeen persons into this Colony, whose names are in ye records mentioned under this Pattent to have & to hold &c to be held &c yielding & paying &c provided &c dated this twentieth day of November one thousand six hundred eighty three. Richard Haner, Geo. Adams, Sarah Kidmore, Tho. Pettison, Antho: Bon, Jona: Elizer, Bartho: Swinboar--, --ter Atkins, Roger --ffet, James Rowland, Ann Tucker, Geo: Archer, Hugh James, Jeff Newel, Susan Mills, Jane Mills, Jane Long. [Pat Bk 7, p. 334]

To all &c whereas &c now know ye that I the said ffra. Lord Howard Governor &c do with the advice and consent of the Councill of State accordingly give and grant unto Mr. Charles Goodrich a tract of land lying & being in the County of Charles Citty, and in the parish of Westover, and on the south side of James River viz: beginning on the line of Daniell Higgdon, and runneth thence along his line south one hundred sixty four poles to a corner spanish oake, thence southeast one hundred thirty two poles to a corner spanish oake, thence east one hundred forty eight poles to a corner pine, thence south two hundred and twenty poles to a corner black oake on the lines of Wm. Edmunds & John Williams, thence along their lines west southwest fifty four poles to a corner pine, thence north northwest ninety poles to a corner pine, thence west by north one hundred fifty six poles to a corner black oake, thence northwest and by north two hundred and ninety poles along Edmunds line to a corner black oake, thence on Mr. Bates his line north northeast thirty two poles, and north northwest one hundred and eighty poles to a corner white oake, on the line of Maj. Poytheres thence along his line east southeast seventy six poles to the place we began including five hundred and fifty acres of land, and due by and for the transportation of eleven persons into this Colony, whose names are in the records mentioned under this pattent. Top have and to hold &c to be held &c yielding & Paying &c provided &c dated this twentieth day of Aprill Anno Domini 1687. [Pat Bk 7, p. 559]

To all &c whereas &c now know yee that I the said ffra. Lord Howard Governor &c do with the advice and consent of the Councill of State accordingly give and grant unto Mr. Thomas Wynn a tract of land containing two hundred and eighty acres, lying and being in the County of Charles Citty, and in the parish of Jordans, and on the south side of James River, viz: beginning at the lower corner tree of Mr. Joshua Wynns land, and runneth thence along the said Wynns line north by west four hundred ninety two poles to Ballis Creek, thence as Balles Creek tendeth to Mr. Foentains line, thence along Fountons line south three hundred and twenty poles, thence along Fountans head line east by south one fourth south one hundred poles, thence along Major Poytheres line south, three hundred & ten poles to a corner black oake standing on Mr. Batts line thence along the said Batts his line west three fourths south two hundred & forty poles to a corner sycamore, thence north by west eighty nine poles to a corner black oake standing on Mr. Joshua Wynns head line thence along the said Wynns line east by north two hundred and ten poles to the place we began including the aforesaid two hundred and eighty acres of land and due by & for the transportation of six persons into this Colony whose names are in the records mentioned under this pattent to have & to hold &c to be held &c yielding & paying &c provided &c dated this 20th day of Aprill 1687. Francis Hughes, John Light, Wm. Gawry, Edward Hughes, Jane Strangler, Wm. Forrest. [Ballis Creek is undoubtedly Bailey’s Creek. Thomas Wynne’s land bounded Bailey’s Creek and Major Francis Poythress’ property. It may be that Francis Poythress owned some of his father’s property.] [Pat Bk 7, p. 583] 

To all &c whereas &c now know yee that I the said Nathaniel Bacon Esq. President &c give and grant unto James Mumfort fifty acres & a quarter of land lying and being in Wetopher parish in Charles Citty County on the south side of James River bounded viz: beginning at two red oakes upon Mr John Woodliefs land, and running south one hundred twenty six poles to the said Woodliefs corner tree thence along Major Francis Poythress land east one hundred twenty eight poles to a red oak, in a branch of a dry bottom thence along the said Mumforts southeast line, northwest one hundred twenty nine poles to the first beginning, the said land being due by and for the transportation of one person &c to have & to hold &c to be held &c yielding & paying &c provided &c dated the twentieth day of Aprill Anno Domini 1689. [Pat Bk 7, p. 714]

Hercules Fludd (Flood) 1,254 acs. upon Blackwater on E. side of Reade Br. 21 Apr. 1690 adj. William Harris, Adam Taplie, Capt. Henry Batts, Mrs. Francis Poythress and Major Francis Poythris on the long Meadow adj. the Ealeroot Level & import of 26 pers. [Va. Pat Bk 8, p. 57-58; Nugent, II-344, p. 57.]

To all &c Whereas &c Now Know ye that I the said Nath. Bacon Esq. President &c give or grant unto Adam Taply and William Harryson one thousand seventy eight acres of land lying and being in Jordans Parrish in Charles Citty County on ye south side of James river bounded (viz.) beginning att a hickory in one of ye said lines of Maj. Poythres land, thence west twenty five degrees: north thirty three two = pole = chain to a hickory then along other lines of ye said Poythres north twenty five degrees: west twenty seven chain to a west and west nineteen degrees: north to a pyne near a myry branch, then south thirty degrees west thirty five chain to a black oke near Areccock path, then south seventy three chain to a red oke, south thirty degrees: west forty four chain to a white oke near ye second swamp, then south twenty five degrees: east eighty eight chain to a red oke in a bottom, east thirty degrees: south one hundred & seventy chain to a white oke. North thirty degrees: east one hundred twenty seven chain to a red oke near Nich. Whitmore line, north thirty five chain to a white oke. North thirty six degrees: west eighteen chain. West sixteen degrees: north fifteen chain to a red oke, northwest forty chain to a pyne and north ten degrees: west thirty three chain to ye hickory where it begun the said land being due to ye said Adam Taply and William Harryson by and for ye transportation of twenty two persons &c to have & to hold &c to be held &c yielding & paying &c provided &c dated April 21, 1690. Elfrid Snow, Tho. Oxly, Jas. Allin, Geo. Rudder, Antho. Scarlett, Jas. Lewis, Robert White, Edw. Hutchison, Jno. Whiting, Wm. Rosse, Sarah Moore, Tho. Osborne, Tho. Randall, Richd. Everett, Rich. Isham, Geo. Nelson, Robert Wells, Andrew Isham, Jno. Willoughby, Robert Norton, Joshua Royston, Richard Mallard. [Pat Bk 8, p. 78]

To all &c whereas &c now know yee that I the said Nathaniel Bacon Esq. Governor &c give and grant unto Mr. Thomas Wynne a tract of land on Black Water containing six hundred fifty nine acres beginning at a red oake being a corner tree of John Wallices land and running thence along a line of Herculus Floods southeast two hundred sixty four poles to four marked corner trees of ye said Flood, thence along a line of said Floods southwest one hundred thirty eight poles to a hickory corner tree of Major Fra: Poythris deced. thence along a line of the said Poytheris southeast forty three poles to a red oake thence along the said Poytheris line east southeast sixty eight poles thence along the said Poythris line east two degrees north one hundred ninety seven poles to a pine thence along a line of the said Poyteris east twenty four & a halfe degrees north fifty six poles to a gum in the great Swamp thence according to the meanders of the said swamp west fifty six degrees north two hundred forty four poles to the mouth of Blands Branch thence across the said Blands Branch and along the said great Swamp according to the meanders thereof to a black oake and hickory & a pine west eighty three degrees north two hundred eighty nine poles binding on the land of Jno. Williams thence south eighty five degrees west twenty poles to an old white oake & red oak sapling thence south seven degrees and a halfe west sixty poles to a corner tree of the said John Williams land decd, being a white oake thence along the land of ye said Wallice deced southwest by west two hundred sixty four poles to the first mentioned beginning upon Herculus Floods land the said land being due unto the said Thos. Wynne by and for the importation of fourteen persons &c to have and to hold &c to be held &c yielding and paying &c provided &c dated the 21st of Aprill anno Domini 1690. Wm Luck, Robert Wood, Sarah Willoughby, Jane Moore, Tho: Rosse, James Isham, Robert Shaw, Robert Willis, Sarah Shelly, Tho: Winter, Robert Wallis, Robert Hill, Jno. Moss, Abraham Wood. [Va. Pat Bk 8, pp. 55-56] [Captain Thomas Wynne was the half-brother of Major Francis Poythress.]

May 2, 1705, John Hamlin was granted 550 acres, on the south side of the James River, in Westover parish, in Charles City Co., adjoining Daniel Higdon, William Edmonds, John Williams, Mr. Bates and Major Francis Poythress.

November 2, 1705, Richard Bland was granted 1,254 acres, deserted by Hercules Flood, upon the Blackwater River, on the east side of the Reedy branch, on the long meadow adjacent to the Ealeroot Level, adjoining Major Francis Poythress, William Harris, Adam Tapley, and Captain Henry Batts. [Seventeen years after Francis' death, his land was still referred to in adjoining deeds.]

Pertinent Property

An entry states that a bargain of sale is endorsed on the back of a deed from Caesar Walpole to Dorrell Young recorded August 3, 1671, that Dorill Young and Annes his wife assigned to Rich’d Dodd, for 4000 lbs. tobacco, all land within mentioned, sold by Caesar Walpole and Elizabeth his wife to sd. Young...dated June 3, 1673. Dorrill Young, Annes x Young. Wit: John Cogan, John Drayton. [Charles City Co. Court Orders, 1672-1674, Com: Civitat Carol, June 3, 1673, p. 524.]

Court Cases

June 19, 1665, Francis Poythress and Thomas Mallory were witnesses in Westover court regarding Richard Wedgeborrow, and on February 4, 1672/3, and April 3, 1673, as a witness to a deposition made by William Vaughn regarding the Will of Morgan Jones, and in 1687, he was subpoenaed as a witness in the case of Dr. John Terry against James Roberts. In 1688, a judgement was granted Jo. Wynne, the attorney for Francis Poythress, in a case against the estate of John Peters, deceased. [Charles City Co., Court Orders, 1664-1665, p. 568; Charles City Co. Court Orders, p. 518; Charles City Co., Va., Order Book, p. 518.]

Family Estates

Colonel Robert Wynne made his wife, Mary Poythress Wynne, the administratrix of his Will dated July 1, 1675, and made his friend, Thomas Grendon, and his "son-in-law," Francis Poythress, overseers of his Will. Robert's Will was proved in court, in May, 1677. None of his sons were of age when the Will was proved, but his daughter, Mary, was married to John Woodlief. Captain Francis Poythress, his step-son, was one of the overseers of the Will and his half-brothers, Thomas Wynne and Joshua Wynne, and his half-sister, Mary Woodlief, were the beneficiaries of the Will. [Pr. Geo. Co., Va., Wills, 1 July 1675-May 1677.]

After Francis Poythress' Death

In April, 1688, Captain Henry Batte, Mr. Robert Bolling and Mr. John Hardiman, were assigned to value the goods and chattels of Major Francis Poythress, deceased, and Captain Perry was to swear them at the next court. [Charles City Co., Va., Court Orders, 1687-1695, p. 204, April, 1688.]

December 3, 1688, at a court at Westover, in Charles City County, testimony was elicited in the matter of the estate of Anne Young. Henry Reed exhibited his bill in chancery against Charles Bartholomew and Rebecca, his wife, executrix of Major Francis Poythress. The plaintiff showed that one, Ann Young, sister of the orator, dying intestate, in this county, before commission of administration was sent forth, Major Francis Poythress inventoried her estate and had it appraised at 5,664 pounds tobacco, and was thereof possessed. Thereafter, administration was granted to said Poythress and Peter Read, the orator's father. That the moiety that belongs to one of the orphans of Ann was in the custody of Peter Read. That Peter Read had of said moiety only a mare and a cow, to value of 950 pounds tobacco. There remained in custody of Poythress 1,882 pounds tobacco, but Poythress shortly afterward went to England and died, in the nonage of your orator, who begs recovery of 1,882 pounds tobacco, and prays that Charles Bartholomew and Rebecca, his wife, be subpoenaed to answer. Francis Poythress had gone to England to purchase certain items and goods which were consigned to the ship owned by Emberly. The consigned merchandise was mixed in with those of the Wynne's. [Charles City Co., Va., Order book, 1687-1688, p. 549.]

January 8, 1688/9, at a court at the house of Major Francis Poythress, deceased, present were Captain Lowry, Mr. Bra?, Captain Batte, Mr. Bolling. Administration with the Will annexed was granted to Rebecca, the widow of Major Francis Poythress, deceased, have quit claim in what goods are now brought in Captain Emberly's things belonging to Thomas and Joshua Wynne and it was consented that they shall jointly possess the same. Peter Perry. [Charles City Co., Va., Court Orders, 1687-1695, p. 188.]

February 4, 1688/9, Dr. James Tubb was granted judgement against the estate of Major Francis Poythress, deceased, for physical means administered in his last sickness.  [Charles City Co., Va., Court Orders, 1687-1695, p. 190.]

April 3, 1689, Batte, Bolling and Hardiman were assigned to value the estate of Francis Poythress, deceased, and Captain Perry was to swear them. [Charles City Co., Va., Court Orders, 1687-1695, p. 202.]

June 22, 1691, at Westover court, Mrs. Rebecca Poythress, administratrix with Will annexed of Francis Poythress, deceased, versus Mr. John Everitt, the suit was referred to the next court and on August 3, 1691, a non suit was granted in the case. [Charles City Co., Va., Court Orders, 1687-1695, p. 351; Charles City Co., Va., Court Orders, 1687-1695, p. 356.]

March 3, 1691. Judgement is granted Charles Bartholomew, assignee of Mrs. Rebecca Poythress against James Denston for, etc. [Chas. Cty. Co. Records, p. 390.]

September 15, 1692, at Westover court, Captain Peter Perry and Mr. Richard Bland administered the oath to Mrs. Rebecca Poythress, the relict and administratrix with Will annexed of Francis Poythress, deceased, to make inventory of the estate. [Chas. Cty. Records, 1687-1695, p. 419.]

October 30, 1693, Richard Tibbott, mariner, and acting attorney for Thomas Crane brought suit to receive from the heirs and executors of Francis Poythress, deceased, £10 with interest. Tibbott substituted Captain Peter Perry of Charles City County, to act as attorney. [Charles City Co., Va., p. 185.]

April 3, 1695, at Westover court, Thomas Crane, of London, Gentleman, by his attorney, Captain Peter Perry, against Charles Bartholomew and Rebecca, his wife, executrix of Francis Poythress, failing to prosecute, the case was dismissed. [Charles City Co., Va., Court Orders 1687-1695, p. 562.]

Rebecca Coggin Poythress' 2nd Marriage

To all &c Whereas &c Now know ye that I ye said Fra. Nicholson Esq. &c Their Majesties Lt. Governor &c give and grant unto Mrs. Rebecca Poythres, one thousand acres of land situate lying & being in ye County of Charles Citty according long most ancient and rightful bounds thereof be ye 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 ye said Edw. Ardington of ye said County of Charles Citty as by an Inquisition recorded in the secretarys office under ye hands and seales of Peter Perry Deputy of ye honorable Christopher Wormeley Esq. Escheator of ye said County & a jury sworn before him for this purpose dated the 19th day of November Anno 1690 may appear, & is since granted unto ye Mrs. Rebeccah Poythres who hath made her composition according to law. To have & to hold &c To be held &c yielding & paying &c dated ye 29th day of April Anno 1692. [Pat Bk 8, 1689-95, p. 241]

June 4, 1694, at Westover court, the Attorney General, William Randolph, exhibited information against Charles Bartholomew for making an unlawful marriage. Rebecca Poythress Bartholomew was to be subpoenaed to the court to provide information. The 12th Act of Assembly stated that none shall marry within certain degrees of consanguinity, especially that none shall marry his wife's sister. On July 3, 1694, John Jane swore that he knew Frances, the first wife of Charles Bartholomew and that he knows Rebecca, the relict of Francis Poythress, and that he married one of the sisters of Rebecca and that he had been told and also believed that Rebecca and Frances were sisters and that they were daughters of one mother but of diverse fathers. [Charles City Co., Va., Court Orders, 1687-1695, p. 502-504.].

August 3, 1694, William Randolph, the Attorney General, repeated the charges against Charles and Rebecca Poythress Bartholomew. Charles and Rebecca were married in Westover parish, February 2, 1693, by George Robinson, clerk, of Bristol parish, in Henrico County, and presently live together. Charles pleaded not guilty and a jury was impaneled. Charles quoted two statutes regarding marriage and said that his marriage was cognizable only by ecclesiastical jurisdiction. The court overruled his plea. He said that he had not violated the law. George Robinson swore in court that he married the couple on the date stated. William Epes stated that he saw the couple married on the date stated. John Jane swore that Frances and Rebecca were sisters and daughters of the same mother but of diverse fathers. John Bishop swore the same. Joshua Wynne swore that he knew both women from childhood and that they were always taken to be sisters and daughters of one mother. Thomas Blighton swore that he had frequented John Coggin's house in Coggin's wife's lifetime and that he had often heard Mrs. Coggin call Rebecca and Frances daughters and he had heard the daughters call themselves step-sisters, and therefore always reasoned that the two sisters were half-sisters. William Harrison, the foreman of the jury, brought in a verdict of not guilty. The Attorney General appealed to the fourth of the next General court and had the Sheriff take Bartholomew to give sureties that he and Rebecca would live apart until the suit was settled. [The Attorney General, William Randolph (1650-1711), of Turkey Island, was married to Mary Isham. Their daughter, Elizabeth Randolph (1680-1719/20), married Richard Bland (1665-1720). The witness, John Jane (-bef. 4/14/1710), married Elizabeth Tye (c. 1650-aft. 4/14/1710), half-sister to Mrs. Rebecca Coggin Poythress Bartholomew. Charles Bartholomew was married to Frances Tye (c. 1654-c. 1692) until her death. He subsequently married her half-sister, Mrs. Rebecca Coggin Poythress. The witness, John Bishop, was the brother of Elizabeth Bishop Peebles and uncle of Christian Peebles Poythress, the wife of John Poythress, Francis Poythress' brother. The witness, Joshua Wynne, was Francis Poythress' half-brother. According to his sworn statement, he and Rebecca Coggin were of approximately the same age.] [Charles City Co., Va., Court Orders, 1687-1695, p. 505-509.].

Prince George Co. was formed from the part of Charles City Co. that lay on the south side of the James River. The Virginia General Assembly authorized the formation of the county in 1702, but it was not completely organized until July, 1703. There were three parishes in the new county, Westover, Weyanoke and Bristol.

In the Quit Rent Rolls for Prince George County, in 1704, Charles Bartholomew, husband of Rebecca Poythress Bartholomew, paid quit rents on 600 acres. [Pr. Geo. Co., Va., Quit Rent Rolls, 1704.]

Know all men by these presents that we Charles Bartholomew & Rebecca Bartholomew of Prince George County in Virginia for & in consideration of the natural love & affection we bear to our daughter Anne Bartholomew of the same county as also for the bettering & advancing her fortune in the world, do give grant Enfeoff & confirm & by these presents have given granted enfeoffed & confirmed unto the said Anne Bartholomew her heirs and assigns forever, after our decease & the decease of the survivor of us, & not til Then, two hundred acres of land lying & being on both sides the Easterly run within the said county of Pr. George & parish of Westover, being the remaining part of one thousand acres of land granted to the said Rebecca in the time of her widowhood, as by an escheat Patent bearing date the 29th of April Ao. 1692 will Appear, the moiety whereof is at present belonging to Col. Littlebury Epes and three hundred acres more Whereof is given & granted by us, to Rebecca Poythress as per deed of gift to her for the same bearing even date with these presents may appear. The said two hundred acres of land hereby given and granted to the said Anne having for the bounds thereof on the side next the said Rebecca three hundred acres, the bounds & courses thereof where they join together & on the other sides the courses of the Patent & deeds of sale from Batts to Ardington together with all houses, edifices, plantations, orchards, gardens, woods, water pastures, feedings, & all profits privileges & advantages thereunto belonging, to have & to hold the said dividend & piece of land containing by estimation two hundred acres be the same more or less, within the bounds before mentioned unto the said Anne Bartholomew her heirs & assigns forever, from and after the death of us the said Charles Bartholomew & Rebecca Bartholomew & the survivor of us, together with all houses edifices, plantations, & all other the before mentioned privileges, peaceably & quietly to have hold use occupy possess & enjoy to her, & their own proper use & behoof forever, without any let hindrance of us or either of us & the said Anne Bartholomew her heirs & assigns shall & may by force & virtue of these presents have hold use occupy possess & enjoy the lands & premises here given & granted free & clear from any debts duties and incumbrances her Majesties Quit rents only excepted for as full & ample manner to all intents & purposes as the said Charles Bartholomew & Rebecca his wife or either of them or their heirs might or could enjoy the same. In witness whereof we have hereunto set our hands & seals this tenth day of September Ao. 1711. Charles Bartholomew (seal). Rebecca (x) Bartholomew (seal). Signed sealed & delivered in presence of us John Woodlief, Rich’d. Walpole, John Denton.

Pr. Geo. County Court Tuesday the 13th day of Sept. Ao. 1711. The above written deed was acknowledged in open court by both the subscribers to be their acts & deeds to the therein named Anne Bartholomew & her heirs forever, & at her prayer the same was ordered to be recorded & it is truly recorded. Test. E. Goodrich. [Pr. Geo. Co., Va., Wills & Deeds, p. 70.]

Know all men by these presents that we Charles Bartholomew and Rebecca Bartholomew of Pr. George County in Virginia for & in consideration of the natural love and affection we bear to our daughter Rebecca Poythress of the same county as also for & towards the bettering & advancing her fortune in the world, do Give grant enfeoff & confirm & by these presents have given granted enfeoffed & confirmed unto the said Rebecca Poythress her heirs & assigns forever, three hundred acres of land situate lying & being on both sides of the Easterly Run within the said county of Pr. George & parish of Westover, being part of one thousand acres of land granted to the said Rebecca in the time of her widowhood the moiety whereof is at present belonging to Col. Littlebury Epes, & the three hundred acres of land by these presents mentioned to be given & granted to the said Rebecca next adjoining to the said Epes his land being bounded on the lower side by his said land & on the inner most sides by the lines of the Patent & so running along the said lines til it comes to the road or path that goes from Jordans to Blackwater & so along that path to the Easterly run & from that run such a course to the headline or outermost part of the whole tract as will make up the full quantity of three hundred acres land to have & to hold the said three hundred acres land hereby given & granted unto the said Rebecca Poythress her heirs & assigns forever, with all houses edifices, gardens, orchards, plantations & all other profits privileges & advantages thereunto belonging or appertaining peaceably & quietly without any let or hindrance of us or either of us or any persons claiming by from or under us of either of us free & clear of and from all & all manner of encumbrances rents or arrearages of  rents, her Majesties Quit rents for the same & two years rent of the plantation on which Geo. Reives now liveth (only excepted) which said two years rent is to be paid by the said Rebecca Poythress to the said Charles Bartholomew the next ensuing years & the said Rebecca Poythress her heirs assigns shall & may by force & virtue of these presents have hold use occupy possess & enjoy the lands & premises hereby given & granted in as full & ample manner to all intents & purposes as we the said Charles Bartholomew or Rebecca Bartholomew one or either of them might or could enjoy the same. In witness whereof we have hereunto set our hands & seals this 10th day Sept. 1711. Charles Bartholomew (seal). Rebecca (x) Bartholomew (seal). Signed sealed delivered in the presence of John Woodlief, Rich’d. Walpoole, John Denton.

Pr. George County Court the 13th day of Sept. 1711. The next before written deed was acknowledged in open court by both the subscribers to be their act & deed to the therein named Rebecca Poythress & her heirs forever, & at her prayer the same is ordered to be recorded & it is truly here recorded. Test, E. Goodrich. [Pr. Geo. Co., Va., Wills & Deeds, p. 76.]


First appearance of Major Francis Poythress in a document: 1665 (age ~26).

At Francis' death, he appeared to have approximately 2,541 acres, at least 1,250 acres were in Jordan's parish and at least 609 acres south of the Blackwater River. [Maj. Fr. Poythress had acquired the following land at his death: 450 acres, Chas. Cty. Co., 1665; 609 acres s/s Blackwater R. crossing Nottaway path, Chas. Cty. Co., 1681; 750 acres escheated land of Thos. Morgan, dec’d., Chas. Cty. Co., 1682; sold 518 acs. to Daniel Higdon s/s James R. upon the middle southern br., Westover parish, 1683; 1,250 acres s/s Jas. R., Jordan’s parish, Chas. Cty. Co., 1683 =  450 + 609 + 750 - 518 (Westover Parish) + 1,250 (Jordan’s Parish) = 3,059 - 518 = 2,541 acres. His sons’ lands in 1704 added up to: 1,283 + 916 + 616 = 2,815 acres.] [Major Francis Poythress’ sons were probably born in the following order based upon the land each possessed: (1) Francis Poythress, Sen. - 1,283 acres, John Poythress, Jun. - 916 acres and (3) Thomas Poythress - 616 acres.]

Neighbors of Francis' properties: William Edmonds, John Williams, Capt. Robt. Lucy, Hercules Flood, Sampson Ellis, Henry Batte, John Woodlief, Jas. Munford, Roger Tilman, Jas. Binford, Robt. Abernathy, John Wallace, Daniel Higdon, Charles Goodrich, Thomas Wynne, Joshua Wynne, Adam Tapley, William Harrison, John Hamlin, Richard Bland.

The Coggin Family

What is known about John Coggin, Jr.’s sons, Robert and William Coggin, first cousins of Rebecca Poythress?

John Edwards (1696-1765), was one of the witnesses to Richard Pace’s will in 1736/7. John Edwards’ (1674-1741) uncle, Peter Edwards (1650-1682), in his will dated 1 May 1682 and proved 9 June 1682 in Isle of Wight Co., VA, appointed John Coggin, Jr. (~1655-aft. 1702) as overseer of his estate and named John Moore and his wife to raise his daughter, Jeane. At their death, Jeane was to be returned to John Coggin and his wife who was a daughter of John Moore. John Coggin, Jr. (~1655-aft. 1702), was the half-brother of Rebecca Coggin (1660-bef. 1721) and the uncle of Rebecca Poythress (1679-~1744).

On 24 December 1722, William Bryan gifted 95 acres to Thomas Gay (1700-1750), son of Thomas Gay (1675-) in IOW Co. beginning at Pitts branch that parted William Coggin’s land and Phineas Whitaker, land devised to the wife of Whitaker by John Moore, deceased, in his will dated 18 April 1702 and recorded 9 October 1704, being the same 95 acres more or less. The witnesses were William Powell and Rebecca Powell. In 1739, John Coggin sold 95 acres adjacent to Robert Coggin to Thomas Gay. This land was given to the Coggin children by their grandfather John Moore. Thomas Gay’s land was later mentioned in his will in IOW Co. adjacent to William Coggin’s son John Coggin (~1716-~1793). Thomas Gay’s will, in IOW Co., written 26 October 1750 and probated 6 December 1750, mentioned land adjacent Pitts and John Williams. His executor was William Eley. The witnesses were John Williams, Richard Pope and Mary Coggin. Son, Thomas Gay, and wife, Sarah, sold their 100 acres to William Pass in 1755.

In John Moore’s will in 1702 in IOW Co., he left items to his wife, Margaret, and at her death to his grandchildren, three boys and two girls, all children of John Coggin. Two of the boys were William and Robert.

Thomas Gay (~1705-1754) son of Henry Gay, wrote his will in IOW Co., 18 March 1754, and probated 4 April 1754. His personal estate was appraised by Henry Saunders, James Hough (~1700-~1759) and John Coggin, 6 June 1754. John Coggin (~1716-~1793) was the son of William Coggin. John’s first wife was Mary Ann Powell and his second wife was Allyss Benson. William Coggin (~1683-~1728) was the son of John Coggin (~1655-aft. 1702) and his wife, ----- Moore. His brother was Robert Coggin (~1688-~1738).

John Green (1660-1720) married Ann Ward. His will, 23 January 1720, mentioned daughter, Sarah, who married Robert Coggin; daughter, Mary, who married Peter Williams; son, Peter Green; son, Edward Green; and, son, Thomas Green, who married Ann. The witnesses of his will were Arthur Smith (1670-1750), Patrick Sweeney and Mary Bryan.

Who Was Ann Read?

Was Rebecca Coggin related to Ann Read, the wife of Peter Read?

On 3 June 1673, a bargain of sale was endorsed on the back of a deed from Caesar Walpole to Dorrell Young that Dorrell and Ann Young assigned to Richard Dodd for 4,000 lbs. of tobacco, all land within mentioned, sold by Caesar and Elizabeth Walpole to Dorrell Young. The witnesses were John Coggin and John Drayton. Ann Read Young was the daughter of Peter Read and the widow of Dorrell Young who died in 1677 in Charles City Co., VA. Dorrell Young and Ann Read Young had four children: a daughter, Joan, and sons, John, Thomas and Dorrell, Jr. Joan (~1677-) was the youngest child. 

On 19 November 1677, Ann Read Young gave each of her sons, Dorrell, John and Thomas a heifer, a mare and a gun. The witnesses were Major Francis Poythress and John Stith (1625-1694). It is interesting to note that the witnesses for the Youngs in 1673 were John Coggin, father of Rebecca; John Drayton, husband of widow Elizabeth Peebles; and, in 1677, Major Francis Poythress, the first husband of Rebecca Coggin; and John Stith, the father of Agnes who married Thomas Wynne, Major Poythress’ half-brother. 

In December, 1685, Peter Read (~1633-1688) and Major Francis Poythress, were Joint administrators of the estate of Ann Read Young (~1660-1685). The estate was to be equally divided between the orphans of the deceased. Major Poythress and Mr. Robert Bolling (1646-1709) gave a bond of £60 Sterling. Mr. Peter Read and Mr. John Jean (Jane) gave bond in the same amount. Robert Bolling’s daughter, Anne, married Robert Wynne, the son of Thomas Wynne. John Jane was the husband of Elizabeth Tye the half-sister of Rebecca Coggin.

At Westover court in Charles City Co., 3 April 1688, Ann Read (~1640-) was granted administration of the estate of her late husband, Peter Read. Ben Traverse acted as security. James Wallis and Edmund Irby were appointed to inventory his estate. On 3 October 1688, the case of Nathaniel Bacon versus Peter Read's estate, was referred to the next court.

On 13 March 1739, in Prince George Co. court, on the complaints of William Poythress (~1720-aft. 1782), one of the orphans of John Poythress (~1681-1724), of Jordan's, deceased, who was bound as apprentice to Robert Simpson, of this county, for misusage and which complaints appeared to be just the said William was discharged from the apprenticeship and chose Charles Irby, his guardian, who had time until the next court to appear and give bond and security. Charles Irby was married to Susannah Hardyman, daughter of John Hardyman and Mary Epes. Mary Epes Hardyman’s 2nd husband was Charles Goodrich. Mary Epes was Littlebury Epes’ sister. Charles Irby and Susannah Hardiman may have been William Poythress’ uncle and aunt. Susannah Hardiman Irby may have been the sister of William’s mother, Mary. The above abstract and the following abstract from 8 May 1712, in Prince George Co., an inventory and appraisal of the estate of John Hardyman, deceased, was valued by R. Hall, John Poythress and Edmund Irby and presented by John Hardyman, the administrator. 

John Poythress, Jr’s son, William (~1720-aft. 1782), and his wife, Sarah, moved to NC. Their sons were William and possibly Dr. John Poythress. As a minor, John Poythress' son, William, asked for Charles Irby (1690-1763) to be his guardian. Charles Irby was the son of Dr. Edmund Irby, M. D. (~1670-1733). Dr. Irby had son, Dr. John Irby, M. D. (~1695-1747). This might suggest that William Poythress' possible son, Dr. John Poythress, M. D., might have been the son of William and Sarah Poythress. Charles Irby and John Poythress (1681-1724) were possibly brothers-in-law and married to Susannah Hardyman and Mary Hardyman respectively. It is also possible that Joshua Poythress (1688-1740) was another brother-in-law of Charles Irby and John Poythress, having married [Lucy] Hardyman. Another possible brother-in-law was William Irby, Jr., who may have married another of John Hardyman’s daughters. These same sentiments were mentioned by John Frederick Dorman in Adventurers of Purse and Person, Virginia, 1607-1624/5, Volume 1, Families A-F, p. 863.

On 3 December 1688, at Westover court, testimony was elicited in the matter of the estate of Anne Young. Henry Reed exhibited his bill in chancery against Charles Bartholomew and Rebecca his wife, the Executrix of Major Francis Poythress. The plaintiff showed that Ann Young, the sister of the orator, had died intestate, and before commission of administration was sent forth, Major Poythress inventoried her estate and had it appraised at 5,664 lbs. of tobacco and was thereof possessed of the property. Thereafter, administration was granted to Major Poythress and Peter Read (-1688), the orator’s father. That the moiety that belonged to one of the orphans of Ann was in the custody of Peter Read. That Peter Read had of the moiety only a mare and a cow at a value of 950 lbs. of tobacco. There remained in the custody of Major Poythress 1,882 lbs. of tobacco, but he shortly afterward went to England and died in the nonage of your orator who begs recovery of 1,882 lbs. of tobacco, and prays that Charles Bartholomew and Rebecca his wife be subpoenaed to answer. Francis Poythress had gone to England to purchase certain items and goods that were consigned to the ship owned by Emberly. The consigned merchandise was mixed in with those of the Wynne’s. On 8 January 1688/9, four justices held court at the deceased Major Francis Poythress’ house and administration with will annexed was granted to Rebecca the widow of Major Poythress and she quit claimed the goods brought in Capt. Emberly’s ship that belonged to Thomas and Joshua Wynne and it was consented that the brothers would jointly possess the goods.

In probate, 3 December 1688, at Westover court, Henry Read and Daniel Higdon, gave a bond of £60 on the estate of John Young, orphan of Ann Young (-1685), deceased. Later Henry Read was ordered to deliver to John Blacke what estate he was possessed with belonging to John Young, orphan of Henry Read’s sister Ann. Henry objected to this order and did not comply. It was "ordered that the Sheriff keep Henry Read in safe custody till he gave security to appear at the next court “to answer what should be objected against him on his contempt of authority." Finally, Henry Read stood convicted of Capt. Perry's warrant and in open court made his humble submission and begged pardon of the court and Capt. Perry in particular, which the court and Capt. Perry accepted.

Daniel Higdon, Edmund Irby and Arthur Biggins completed the estate inventory of John Wall, deceased, that was presented in court by his widow Sarah Wall, will dated 14 January 1717 and proved 10 June 1718.

Two major wars destroyed many records so it is impossible to follow Peter Read's estate to a settlement.

In probate about six years later in 1694, Henry Read was still trying to protect his sister's children. He sued Major Poythress' widow over the estate of Ann Young. Henry Read, exhibited his bill in chancery against Charles Bartholomew and Rebecca, his wife, the Executrix of Major Francis Poythress. The plaintiff showed that Ann Young, sister of the orator died intestate before the commission of administration was sent forth. Major Poythress inventoried her estate and had it appraised to value of 5,664 lbs. of tobacco and was thereof possessed. Thereafter administration was granted to Major Poythress and Peter Reed, the orator's father. The moiety (part) that belongs to one of the orphans of Ann was in the custody of Peter Read. He had of the moiety only a mare and a cow valued at 950 fifty lbs. of tobacco. There remained in the custody of Major Poythress 1,882 lbs. of tobacco but he shortly afterward went to England and died in the nonage (under legal age) of the orator, who begged recovery of the 1,882 lbs. of tobacco, and prayed that Charles Bartholomew and Rebecca, his wife, to be subpoenaed to answer. (Several questions were asked of the Bartholomews regarding the estate, one of which asked if Major Poythress had in his custody any of the estate of the orphan John, an orphan of Ann Young). The Bartholomews were ordered to appear at the next court. Neither appeared and the case was dismissed. 

The 1694 court records record that Joan Young, orphan of Ann Young, who was 15, chose Henry Harman as her guardian. Henry Harman was referred to many times in the records. Was Ann, wife of Peter Read, related to Henry Harman or his wife? The fact that Ann's daughter, Joan Young, chose Henry Harman as her guardian instead of her uncle, Henry Read, who was still living, suggests a close family relationship. No further records have been located regarding this case.

In 1718, Dorrell Young, Jr., held land adjacent to Captain John Poythress, the nephew of Major Francis Poythress; Charles Bartholomew, the second husband of Rebecca Coggin; John Young, Dorrell’s brother; and, John Woodlief, the husband of Mary Wynne the sister of Thomas Wynne.

Was Ann Read a sister of Elizabeth and Frances Tye and half-sister to Rebecca Coggin or was there some other family relationship? As noted above, nine people had a relationship to Rebecca Coggin, Ann Read and Ann Read Young. The witnesses for the Youngs in 1673 were (1) John Coggin, father of Rebecca; (2) John Drayton, husband of widow Elizabeth Peebles the mother-in-law of John Poythress, Rebecca’s brother-in-law; and, in 1677, (3) Major Francis Poythress, the first husband of Rebecca Coggin; and (4) John Stith, the father of Agnes who married Thomas Wynne, brother-in-law to Rebecca Coggin. (5) Robert Bolling’s daughter, Anne, married Robert Wynne, the son of Thomas Wynne and nephew of Rebecca Coggin. (6) John Jane was the husband of Elizabeth Tye the half-sister of Rebecca Coggin. (7) Edmund Irby’s son, Charles, was the guardian of William Poythress, Rebecca Coggin’s grand nephew. The Young’s lived adjacent to (8) Charles Bartholomew, Rebecca Coggin’s second husband; John Poythress, Rebecca’s brother-in-law; and, (9) Mary Wynne Woodlief, Rebecca’s sister-in-law. These relationships can be reviewed at the Poythress.org website on the six generation chart of the Poythress family.

Were all of these instances coincidence or was there a family relationship? It does not appear that Ann Read was a Poythress or a Wynne unless she was an unidentified sister of Major Francis (1639-1688) and John Poythress (1640-1712). Was she a daughter of Cheney Boyce or Richard Tye or was there some other familial relationship, or was she and her husband, Peter Read, just really close friends to the Poythress family?

Monday, May 27, 2024

King and Queen of England vs. Charles Bartholomew Concerning an Unlawful Marriage with Rebecca the Relict of Francis Poythress

                                               Charles City Co., VA, Court Orders, 1687-1695

Attorney General William Randolph Esq. for the King and Queen of England vs. Charles Bartholomew and Rebecca the relict of Francis Poythress; 4 June 1694, 3 July 1694; 3 August 1694; at Westover Court concerning an unlawful marriage.

Transcript:

p. 502. June 4 1694. Wheras the Attorney Genll. Exhibited an Informacon against Charles Bartholomew uppon an unlawfull marriage and ye sherr making returne of the process that he left a note of summons att his House. And the sd Bartholomew fayling to appear Attachmt is awarded against his body returnable into the next Court. 

Attachmt issued June 20 1694.

Ordered that the sherr summon Rebecca ye relict of Francis Poythres psonally to appear at the next Court to answer an Informacon exhibited by the attorny generall concerning an unlawfull mariage with Charles Bartholomew.

p. 504. June 4 1694. All wittnesses as well in this cause of John Moore as of Charles Bartholomew are to attend ye next cort.

p. 505. July 3 1694. Att a Court holden att Westover the third day of July 1694. Present their Majties Justices. Capt James Busse / Capt Henry Batte / Mr. Richard Bland / Capt Daniel Luellin / Mr Robert Bolling / Capt John Hamelin/

Uppon the Informacon exhibited the last court by William Randolph Esq Attorney Genll of our Soveraigne Lord and Lady the King and Queen against Charles Bartholomew for an incestious mariage wth Rebecca Poythres. The sd Charles Bartholomew appears in Court and pleads to the Jurisdicon of the Court in hoc verba. And the sd Charles Bartholomew comes and sayes that by the Statute 25.H.8 and alsoe by the Statute 1 Eliz. Cap. 1. It is in Parliemnt declared to be a Prerogative Royall of the King his heyr & sucessor to ratify and confirm att canons and constitutions ecclesiasticall according to the form of which statutes James the first late King of England &c did by his Letter Patents in the first year of his reign ratify certaine canons and constitucon eccles strictly comanding all Arch Bi:ss Bss &c to set and proceive all and every of the same certaine orders &c to be in all poynts duely observed and he sayeth that by the 99th of the sd canons and constitutions eccles It is ordered that none marry within the degrees prohibited. and also he sayeth that by the stat. 24:H.8. it is expressly declared that cause of Matrimony by right apertaine to the spirituall Jurisdiction and the sd Charles Bartholomew sayeth that the matter aleadged against him in the sd Informacon is for marrying (contrary to ye laws of God and man) with his wifes sister which he conceives to be a cause only congnisable by an eccles Jurisdicon and therefore he prays the Judgmt of the Court whether they will or ought to proceed on the sd Informacon &c.

The Court overules this plea and assert their Jursidicon for that noe Spirituall or Ecclesiasticall Jurisdicon was ever executed or putt in use within this their Mjties Dominion of Virg. But the administracon of Justrice in all causes hath been ever  here executed and administered in and by their Mjties and their Preogenitors by virtue of their Royall Lett. Patents or Comissions directed to their Governce for the time being with power (inter alia) to constitute.

p. 506. July 3 1694. to constitute Courts in the respective Countys wch Courts by virtue therof have authority &c and Jurisdicon &c. The sd Bartholomew thus overuled pleads over and sayeth that he hath not marryed within the degrees prohibited by the Leviticall law.

John Jane sworne that he knew Frances the late wife of Charles Bartholomew and knows Rebecca the relict of Francis Poythres and that the sd Frances and Rebecca were sisters always reputed being the daughters of one Mother. And as to the mariage between Charles Bartholomew and the sd Rebecca he sayeth on his oath that he knows noe otherwise therof (as not being present at the mariage) but by the comon and general repute therof and of their liveing together as man and wife. John Bishop swares the same wth John Jane in all poynts.

Joshua Wynn sworn sayeth that from his childhood he knew the sd women and that they were allways taken for sisters both by one mother. That he was not at the mariage but knows Bartholomew and Rebecca to be reputed man and wife and as such live togeather.

By reason of the absence of Mr Georg Robinson clerk who is sayd to be sick and is the person who joyned them in mariage. The Attorny Genll impartes to ye next Court and the sd Charles by his consent joynes in the Refferr. to the next Court accordingly.

p. 509. Aug 3 1694. William Randolph Esq Attorny Genll: brings on the Referr of last court being uppon an Informacon against Charles Bartholomew concerning an incestious marriage. Which Informacon is in hoc verba. To the Rt Worpll the Court of Charles Citty Com.

William Randolph Attorny Genll for our soveraign Lord and Lady King William and Queen Mary humbly gives this Court to understand and be informed. That by the 12th act of Assembly (in the printed book instituted none to be maryed but by the minister nor by them but by license or publishing banes) it is provided that noe marryage be solemnized or reputed vallid in Law but such as is made by the Minister according to the laws of England. and wheras the lawes of England doe provide that none shall marry within certain degrees of consanguinity and affinity. and particularly that a man shall not marry his wifes sister. Notwithstanding which Charles Bartholomew of the parish of Westover and County of Charles Citty and Rebeccah the late wife of Major ffrancis Poythres of the parish and County decd did on or about the 2 day of February 1693 procure themselves to be joynd in Matrimony by Mr Georg Robinson of the parish of Bristoll and County of Henrico Clerk then a stranger to them and ever since have and still doe live together as man and wife contrary to the lawes of God and man. Wherefore this informant in quallity afforsd prays that the sd Charles and Rebeccah may be separated and their Marriage declared (as it is by law) voyd and invallid and that security for their seperacon may be given according to law &c.

p. 510. August 3 1694. Charles Bartholomew being the last court overuled in his plea to the Jurisdicon of the Court pleaded over & sayeth That he hath not married within the degrees prohibited by the Leviticall law. But the Court considering this plea doe say they are to give judmt uppon the lawes of England and of this Dominion and therefore reject this plea of the sd Bartholomew and requires him to amend his plea. 

And the sd Charles Bartholomew pleads the genll issue not guilty in manner and forme and therof putts himself on the Country and Mr Att. likewise. 

The sherr is comanded to bring to barr 12 men &c. The Jurors empanelled and sworne were viz. William Harrison / Joseph Harwood / Thomas Cotten, Xpher Hudson, John Blackburn / John Lett / William Gardner / Lewis Green Daniel Clark / Walter Nunoly / Richard Taylor / Alison Clark / 

George Robinson Clerke sworn in Court Sayeth that he marryed the sd Charles Bartholomew to the sd Rebecca the 2 day of ffebruary 1693 in the County of Henrico.

William Epes sworn also in Court sayeth he did see the sd Charles Bartholomew and the sd Rebecca maried together on the second day of February in Henrico County.

John Jane sayeth uppon his oath that he knew Frances and knows the sd Rebecca and he married with one of the sisters of the sd Rebecca and he ever held and tooke the sd Rebecca and Frances to be sisters that is to say the daughters of one mother but of divers fathers. and as to the marriage of Charles Bartholomew he sayeth that the sd Charles and Frances lived togeather as man and wife and as such were reputed and taken by him but was not att their marriage.

Mr Thomas Blighton uppon his oath sayeth that he frequented the house of one John Coggan in the life time of the sd Cogans wife and had often heard the sd Cogans wife call the sd Rebecca and Frances daughters and have heard the sd daughters owne them selves sisters and allwayes in the time of such his frequenting and ever since he reconed them sisters if the half blood. and as to the mariage of Charles with Frances he sayeth he knew them to live together and

p. 511. reputed and tooke it yt they were man and wife and sometime before their mariage was sayd to be solemnized the sd Frances demanded his the sd Blightons oppenion of the fittness of the sd Charles to be her husband.

Thes four last recited evidences were given to the Jurors who were sent forth to try the sd Issue and returning to barr dellivered (by Wm Harrison their foreman) this verdict. viz. We find the sd Charles Bartholomew Not guilty. wch verdict the sd Charles Bartholomew desires may be recorded and it is soe recorded. Not guilty accordingly.

And the sd Charles further prays judgmt uppon the verdict. This Court theruppon have considered that the sd Charles Bartholomew be dismissed without day. Mr Attorny Genll. appeales from this Judgment to the fourth day of the next generall Court. Ordered that the sd Bartholomew give sureties to answer this appeale. Att the motion of the Att. Genll. The sherr is required to take the sd Bartholomew and him safely keep till he give sureties for his liveing a part from the sd Rebecca untill this suite be determined att the next genll Court.


This transcript does not include the appeal by the Attorney General to the next General Court.

Francis Poythress and Richard Pace, 11 November 1718

Who were the witnesses of the November 1718 deed between Francis Poythress, Richard Pace and Thomas Goodwyn and who were the men that were leasing land from Richard Pace, the nephew of Richard and Rebecca Pace?

On 12 July 1715, Francis Poythress, of Westover parish, sold to Peter Grammar of the same parish, for £10, 100 acres in the same parish on Holly Bushes Branch on the line of Richard Pace and Francis Poythress. The witnesses were Edward Goodrich and William Hamlin. This land was adjacent to the lands mentioned in the 11 November 1718 deeds.

William Hamlin (~1695-1763) was the son of John Hamlin and Elizabeth Taylor. His father, John, bought 250 acres 13 December 1696 located directly across the James river from William Byrd’s Westover plantation called “Maycocks Dividend.” Captain John Hamlin in his will left his wife, Elizabeth, all of the land called Maycocks that he purchased from Roger Drayton. In 1723, William’s brother, John Hamlin, sold the 250 acres at Maycocks to Thomas Ravenscroft.

In June, 1718, at Prince George Co. court, Mary Whitmore, the relict of Nicholas Whitmore, deceased, relinquished her right to administer her husband’s estate. Richard Whitmore swore that Nicholas died without a will and was granted administration. Edward Goodrich was his security and Joseph Carter, William Reese and Richard Reese were to appraise the estate. Mary Whitmore was previously the widow of Richard Pace, Sr. (1638-1677/8). The approximate location of this land is noted on the early Prince George Co. map on this website. At his death, Richard Pace, Sr., owned the family homestead of 140 acres given to him by his father-in-law, Richard Baker, in 1664/5. He also owned land before his death in 1678 about one mile SSW of his homestead on what would later, in 1683, border John Williams, Daniel Higdon and Roger Reese on his southern line. The Higdon family had relationships with Lawrence Abbington and his son, Brooks Abbington (~1683-1716), in 1702/3 and 1709 respectively. Mary Poythress, wife of John who was Rebecca Poythress’ brother, married John Abbington as her second husband in 1725. In 1756, Mary’s son, William Poythress, lived in Bertie Co., NC, where he witnessed a deed with James Abbington, brother of Brooks Abbington.

On 11 November 1718 at Merchants Hope court, in a case between Richard Pace and Michael Rosser, Jr., Rosser pled nil debit and the case was referred for trial. It was continued until the summer of 1719 when Rosser was required to pay Richard Pace 415 pounds of tobacco for a debt. Rosser was probably leasing the land he lived on from Pace as Pace was the owner of the plantation.

On the same date Frances Poythress, the Elder, son of Major Francis Poythress, sold about four hundred acres to Richard Pace for the value of one hundred pounds Sterling for the land whereon Richard Pace lived, the plantation whereon Joseph Carter, Edward Crossland, Thomas Kirkland and Michael Rosser, Sr., lived. The 400 acre plantation “bounded on the lands of Francis Poythress according to several lines of marked trees lately made between” Francis and Richard. The deed was witnessed by Peter Wynne, the son of Joshua Wynne; Thomas Poythress, the brother of Francis Poythress; and, John Bonner. Francis and Thomas were the brothers of Rebecca Poythress. Richard Pace was the nephew of Richard and Rebecca Pace.

On the same date, Francis Poythress, who lived in the Westover parish of Prince George Co., sold Thomas Goodwyn, of Surry Co., one hundred acres in Westover parish “bounded by lands of Peter Grammar and the lands lately purchased of Richard Pace by the said Francis Poythress.” The witnesses remained the same; Peter Wynne, Thomas Poythress and John Bonner.

On the same date, Francis Poythress and Richard Pace sold 400 acres in Westover parish to Thomas Goodwyn for one hundred pounds Sterling. The land was described as “beginning at the Path on the Old Town run, where it crosses the same, leading from Old Michael Rossers plantation to Edward Goodriches plantation, and running thence Westwardly as the path leads along the said Rossers corn field fence to the upper end of the same and from thence west nineteen degrees north along a line of marked trees to a corner oak in the head of a bottom thence down that bottom by a line of marked trees to the run between Richard Paces plantation where he now lives, and the plantation whereon John Whitmore more lately lived, and so down that run to the Path at the beginning, together with Two hundred acres of land at the head of the said Richard Paces dividend, beginning at his southern corner tree and running east fifty chaines to a red oake, thence North one hundred and sixty chains to the line dividing this land from lands which did belong to Mr. Cha. Anderson Decsd: thence West fifty chains, thence South one hundred and sixty chains to the beginning.” Peter Wynne, Thomas Poythress and John Bonner were the witnesses.

John Bonner (1690-) married Mary Cooke Briggs the daughter of William Cooke and Rebecca Jones. Mary’s sister, Elizabeth, married Thomas Tomlinson (1688-1750) and their daughter, Sarah, married Robert Carter (1708-1763), the son of Joseph Carter (1662-1721). Joseph Carter (1662-1721) lived on the 400 acres that Richard Pace bought and probably leased land from Richard and his wife, Sarah Woodlief. Richard was George Pace’s son and the nephew of Richard and Rebecca Pace.

Thomas Goodwyn’s (1665-1730) daughter, Amy, married as her first husband, John Scott, Jr. (~1690-1724), the grandson of Thomas Boyce and Emelia Craven. John Scott, Jr., was a cousin of Rebecca Poythress. Amy Godwin Scott’s second husband was Isham Eppes (~1700-1754).

Old Michael Rosser also lived on the 400 acres Richard Pace bought and probably leased land from Richard. In 1692, Michael Rosser and George Pace were ordered by the court to estimate the value of a one acre parcel of John and Sarah Wall’s land for William Wilkins to build a mill. 

Richard Pace, Sr., qualified to administer the estate of neighbor, Hugh Kirkland in 1677. In June of 1678, a few months after Richard, Sr.’s death, his widow, Mary Pace, filed a petition where she asked to be appointed administratrix of the estate of the Kirkland heirs. Her petition was granted on June 3rd. On 3 August 1692, in the account of Thomas Kirkland versus Nicholas Whitmore and his wife, Mary, the widow and executrix of Richard Pace, and one of the executors of Hugh Kirkland, was referred by the court for audit by Captain Perry and Captain Taylor. Thomas Kirkland was one of Hugh Kirkland’s heirs, possibly the eldest. In 1716, Michael Rosser, Thomas Kirkland and Roger Reese inventoried the estate of John Daniel. In 1719, Richard Pace, nephew of Richard and Rebecca Pace; Thomas Kirkland and William Reese made an appraisement of the estate of Philip Jane, first cousin of Rebecca Poythress. This was sworn before John Poythress (~1672-~1726), first cousin of Rebecca Poythress. In 1724, Richard Pace, Thomas Kirkland, John Cheaves and Richard Tomlinson appraised the estate of Richard Reese.

In 1683, Major Francis Poythress was granted 1,250 acres for the transportation of 25 people into Virginia including George Crossland who may have been the father of Edward Crossland.

Joseph Carter, Jr., (1702-1760) married Elizabeth Peebles, the great granddaughter of David Peebles. Elizabeth Peebles Carter was the grand niece of John Poythress (1640-1712), uncle of Rebecca Poythress; and, Christian Peebles, the daughter of David Peebles.

On 13 August 1734, in Prince George Co., "Bond for Christopher Jane, Peter Gramar, and John Jane of Prince George to Robert Munford, Gent. Justice for 100 lbs. current money.” Christopher Jane was the administrator with the will annexed of Christopher Davis. Peter Grammer purchased land adjoining Philip Jane in 1716.

On 10 February 10, 1718/9, Edward Woodlief’s will was filed mentioning his “daughter Pace.” At Merchants Hope court, 8 December 1719, Sarah Pace, wife of Richard Pace, relinquished her dower in land sold to Thomas Goodwyn.

In the will of Edward Woodlief, dated 16 July 1759, recorded 14 August 1759, in Bristol parish of Prince George Co., Edward left to his sister, Sarah Pace, two pistols. One of the witnesses to his will was Thomas Whitmore. These records indicate that this Richard Pace was the nephew of Richard and Rebecca Pace and the husband of Sarah Woodlief. Sarah Woodlief was the great granddaughter of Robert Wynne and Mary [Sloman] Poythress Wynne and a cousin of Rebecca Poythress. 

Thursday, May 23, 2024

Witnesses for Anne Green in December 1721 and for Richard Pace in 1736/7

Who were the witnesses to the deeds from Anne Green, Burrell Green and Francis Poythress to Robert Hunnicutt in Surry Co. in 1721?

It is significant to note the witnesses and neighbors involved in the records. The witnesses for Anne Green’s deed, with her husband, Burrell Green, and her half-brother, Francis Poythress, to Robert Hunnicutt in Surry Co., VA, in December, 1721, were neighbors of her grandfather, Dr. John Coggin. Joseph Simmons was the son of Thomas Simmons and the executor of his father’s will in Surry Co. dated 17 February 1725/6 and probated 18 April 1733. Joseph inherited property on Powell’s creek below his brother, Thomas. He was one of Anne’s witnesses. 

Margaret Goodrich, the wife and executrix of Edward Goodrich, leased 100 acres to Abraham Odium, February, 1721/2. The land was adjacent to Philip Jane, the late Edward Hill and Richard Pace, the nephew of Richard and Rebecca Pace. Abraham Odium witnessed Anne’s deeds less than two months before he leased land from Anne’s step-cousin, Margaret Wynne Goodrich. Neighbor Philip Jane was Anne’s first cousin. 

James Jones, the son of James Jones, a cooper, was born about 1666 in Charles City Co. He was probably one of Anne’s witnesses and was about 55 years old. His father’s land was near Captain David Peebles, Robert Jones, Piney swamp, old Town Bridge and on the line of Richard Tye. Captain Peebles’ daughter, Christian, married John Poythress (1640-1712), brother of Major Francis Poythress. John and Joyce Coggin lived on the deceased Richard Tye’s old plantation.( 1)


Who were the witnesses to Richard Pace, Jr.’s will in 1736/7 in Bertie Co., NC?

Richard Pace, Jr., wrote his will on March 13, 1736/7 and proved February of 1738/9. John Edwards’ (1674-1741) son, John Edwards (1696-1765), was one of the witnesses to Richard Pace’s will. John Edwards’ (1674-1741) uncle, Peter Edwards (1650-1682), in his will dated 1 May 1682 and proved 9 June 1682 in IOW Co., VA, appointed John Coggin, Jr. (~1655-aft. 1702) as overseer of his estate and named John Moore and his wife to raise his daughter, Jeane. At their death, Jeane was to be returned to John Coggin and his wife who was a daughter of John Moore. John Coggin, Jr. (~1655-aft. 1702), was the half-brother of Rebecca Coggin (1660-bef. 1721) and the uncle of Rebecca Poythress (1679-~1744).

John Edwards (1674-1741) moved his family to Chowan precinct in NC in 1714, later Bertie Co., where he died. In 1745, John Edwards (1696-1765) lived in Northampton Co., NC, adjacent to William Boon (1705-1756), the second witness to Richard Pace’s will. William was the son of Nicholas Boon and Mary Foster. Richard Pace’s son, William, signed a bond with John Edwards (1696-1765) in 1763, as surety when John Edwards was appointed Clerk of the Court in Northampton Co., NC. Thomas Pace, another son of Richard Pace, witnessed the bond.

William Duke (1701-1791) married Elizabeth Bartholomew the widow of John Bartholomew (1676-1735). In 1758, William Duke sold his land adjacent to Charles Bartholomew in Granville Co., NC, to Thomas House, Jr. Charles was John and Elizabeth Bartholomew’s son. Benjamin Dukes (1710-1740), the son of John Duke (1661-1719) and Bridget Smith, was the brother of William Duke. Benjamin was the third witness to Richard Pace’s will. Benjamin Dukes died in Bertie Co., NC.

In identifying the witnesses in Richard Pace’s will, a relationship is recognized among John Edwards, John Coggin, Jr., and Richard Pace. There is also a relationship between the brothers, William and Benjamin Duke and Charles and Elizabeth Bartholomew, Thomas House, Jr., Sarah Pace’s brother-in-law, and Richard Pace. John Coggin was Rebecca Poythress’ half-brother. Elizabeth Bartholomew was the widow of John, who was a first cousin to Rebecca Poythress. Sarah Pace was Richard and Rebecca Pace’s daughter and wife of Lawrence House. Benjamin Dukes was a brother-in-law to Elizabeth Bartholomew Duke who married his brother. Richard Pace knew Dr. John Coggin, John Coggin, Jr., and Rebecca Coggin from childhood when he lived on the Pace homestead adjacent to Dr. Coggin. Richard also knew Charles and Frances Bartholomew and their son John. 

Charles City County, Later Prince George County, Virginia

Charles City Co. to Prince George Co., VA

No in-depth maps exist for 17th century Charles City County/Prince George County, Virginia, covering the area running east and west between ...