Last night as I was reading through Warren Billings's The Old Dominion in the Seventeenth Century, I came across a couple of county court records that I just had to share.
In the chapter on Self-Government, Billings offers textbook cases on various matters of civil justice. The bawdy indignity of these records is a reassuring reminder that our ancestors were no better behaved than we (in some cases, worse), and that people and things never really change. Well, no, I take that back. Some things do change, and for the better. For instance, we no longer drag people from the sterns of canoes (between cow pens, in shark-infested waters, no less) as retribution for mild insults, and only rarely do we require them stand on up-turned buckets in church aisles, wrapped in sheets and holding aloft "white wands" while repeating whatever demeaning phrases the local preacher might have scripted for them.
The players in these dramas would have been known, at least in passing, to our Henderson, Bishop and Barnaby relatives of the lower Delmarva Peninsula. So dim the lights, grab your popcorn, sit back and enjoy the appalling spectacle of 17th-century justice.
CHARACTER DEFAMATION, 1634 (Pages 95-96)
Northampton County Order Book, 1632-1640, fol. 34
At this Court Edward Drew preferred a petition against Joane Butler for caling of his wife common C*nted hoare and upon due examination, and the Deposition of John Halloway* and William Basely who affirmeath the same [on] oath to be true that the syd Joane Butler used those words. Upon due examination it is thought fit by this board that the syd Joane Butler shal be drawen over the Kings Creeke at the starne of a boat or kanew from one kow pen to the other, or else the next Sabath day in the tyme of the devyne servis betwext the first and second lesson present her selfe befor the minister and say after him as followeth, I Joane Butler doe acknowledge to have called Marie Drew hoare, and thereby I confesse I have done her manefest wronge, wherefore I desire before this congregation, that the syd Marie Drew will forgive me, and alsoe that this congregation will joyne, and praye with me, that God may for give me.
So what do you think? A good dragging from the stern of a canoe? Or a public mea culpa in church? I don't know about you, but I'm thinking the water is looking might-y fine, cow manure notwithstanding.
The second record is from across the Bay in Lower Norfolk County where we find early settler and justice Adam Thoroughgood (whose descendants would marry into connected Keeling and Woodhouse families) being brashly dismissed by the wife of William Fowler. In this case there was a single insult, but "several witnesses" gave oath that it did indeed happen as described, and the testimony of two witnesses is recorded (I only relate that of the first).
A JUSTICE SLANDERED (Page 96)
Lower Norfolk County Order Book, 1637-1646 (transcript), 1-2.
The deposition of Gilbert Guy, age 28 years or thereabouts Sworn and Examined, Sayeth That being at the house of William Fowler, discoursing with him concerning [a] certain cask found by the Servant of Capt. Adam Thorougood [one of the justices of the peace] by the Seaside, but afterwards being seized and fetched away by the aforesaid William Fowler, the aforesaid deponent told him it would vex him to have the said casks taken away from him, Thereupon the wife of the said William Fowler asked who would take them from him? The deponent answered Capt. Thorougood, upon which she, the said Anne Fowler, answered, "Let Capt. Thorougood Kiss my arse."... [William Tanner, a second witness, then affirms the conversation as related by Guy] ... Whereas it doth appear to this court by the oaths of several witnesses that Anne Fowler the wife of William Fowler of Linhaven, planter, did in a shameful uncomely and irreverent manner, bid Capt. Adam Thorougood Kiss her arse, with the assignation of many unusual terms, It is therefore ordered that the said Anne Fowler shall, for hir offense, receive twenty Stripes upon the bare shoulders and ask for forgiveness of the said Capt. Thorougood here now in Court and also the ensuing Sunday at Linhaven.
Although it's a little hard to follow, it looks like Thoroughgood's servant found a cask washed up onshore, and William Fowler took it from him (you have to wonder how that played out). Gilbert Guy fully expected that Thoroughgood would demand the return of the property found by his servant, but when he suggest that likely outcome to the Fowlers, Anne Fowler bid the good Captain (in absentia) to kiss her posterior -- and apparently unsatisfied to leave it at that, did so "with the assignation of many unusual terms." Good stuff. I expect she was wishing she could just kiss the Captain's "arse" and call it even by the time they were on about the 5th stripe.
In another case, the text of which I will not relate, Thomas Tooker (Tucker?) and Elizabeth Hauntine, also from the den of iniquity that was Lower Norfolk County, were in 1641 accused of "the foul crime of fornication" and ordered to do penance in the chapel of ease. On the next sabbath the guilty couple were to "...[stand] in the middle alley of the said church upon a stool in a white sheet and a white wand in their hands, all the time of Divine Service and shall say after the Minister such words as he shall deliver unto them before the Congregation there present..." And also to pay court costs.
Things didn't go quite according to plan. Elizabeth refused to play her assigned role when the minister "admonished hir to be sorry for hir foul crime" and then she went totally off script. "Like a most obstinate and graceless person, [she did] cut and mangle the sheet wherein she did penance."
Twenty stripes for her as well. I guess she could bandage herself up with that mangled sheet.
Ahhhh. Don't you wish we could go back to "the good old days?"
*John Holloway was an early Eastern Shore planter and physician. In 1640 James and Sarah Barnaby were listed as headrights for Holloway's Hungars Creek patent of 640a. James Barnaby was mentioned several times in Holloway's will.
Passages are taken from court records as transcribed in: Billings, Warren M. The Old Dominion in the Seventeenth Century: A Documentary History of Virginia, 1606-1700. Rev. ed. Chapel Hill: Published for the Omohundro Institute of Early American History and Culture, Williamsburg, Virginia, by the University of North Carolina Press, 2007.
Showing posts with label Barnaby-Barnabe Family. Show all posts
Showing posts with label Barnaby-Barnabe Family. Show all posts
Tuesday, June 2, 2015
Friday, April 10, 2015
Richard Barnabe, Merchant of London, Makes a Wonderfully Helpful Will
I remember former Clan Henderson genealogist Dr. Horace Loftin once telling me that he had discovered a record that caused him to speculate that his Henderson ancestor, James Barnabe (later spelled Barnaby), had been a merchant sailing to and from the East Indies. Since I wasn't working on that line of Hendersons at the time, I neglected to ask for details, which has necessitated me finding them for myself.
Although I am doubtful of a connection between my James "Isaac" Henderson of Onslow County and the family of John and Elizabeth Barnaby Henderson of Somerset & Worcester Counties MD, I was still intrigued by the idea of a 17th-century merchant family settling the wilds of the Delmarva Peninsula so I went poking around to see what I could learn.
First, a little background on the Barnaby connection to the Hendersons of the Delmarva Peninsula...
On 1 Jul 1680, in Somerset County MD, Elizabeth Barnaby (b Feb 1661), daughter of James Barnaby (the younger) and his wife Mary, married John Henderson (b May 1661), son of James Henderson and his wife, also Mary. Their numerous children and grandchildren would for the most part stay in the Worcester County MD area with the exception of grandson Barnaby Henderson, who would move to Onslow County NC circa 1765.
Elizabeth Barnaby's father, James the younger, made his will on 26 Jan 1665/66 leaving bequests to wife Mary (executrix), and his minor children James (noted as under 16), Rebecca, and Elizabeth (both noted as under 15).
After James's early death, his widow, Mary Barnaby, would marry local planter Edward Jones. Mary's health (or luck) was apparently not much better than James's and a few months after giving birth to her first child with Mr. Jones (in 1669), Mary died too, leaving her three young children and an infant in the care of her second husband. I found an interesting abstract (See footnote 1) conveying the information that "James Barnebe" was "shott with a gun in the hands of Mercy Fountaine on the plantation where Edward Jones liveth the 3rd day of March 1681 and was buried there the 4th day of the same month." James would have been about seventeen, and Fountaine was only about fifteen years old at the time. I have not been able to find any additional details on the incident, so I assume it was accidental since there are no apparent trial records.
James Barnabe, father of the unfortunate orphans (and even less fortunate son), was in turn the son of James Barnabe the elder and his wife, Sarah. According to a deposition, James was in Northampton County, VA as early as 1637/38. In 1640 he and Sarah were headright settlers for John Holloway of Accomack County VA, and in 1651 they were the same in Northampton County VA for Roger Jones (not sure how that happened, but that's what my records say). I wonder if Roger was any relation to Edward...hmmm.
I have a notation that James Barnabe the elder was "of London" with an estimated birth date of 1610, so I decided to have a look and see if that held water. 1637 was a long time ago and there is a lot of room for error to develop in the records. I didn't really expect to find anything to connect this James Barnabe to any English merchants or shipping enterprises, but blow me down...
From the book Virginia Gleanings in England, by Lotrop Withington, page 135:
"Will of Richard Barnabe, London, Marchant, bound on a voyage by God's grace to the East Indyes with good shipp or vessell named the Mary of London of the burden of One Thousand Tunnes or thereabouts. Will 19 January 1630, proved 11 July 1636."
The will is lengthy and detailed (lucky for us all). This was obviously not an old man, and he had plenty of time to think things through and write it all down. His wife was already dead and buried (in the church of St. Katherine Colman of London, in case you are wondering), and he makes known his wish "to be buried neere late wief." He leaves "all to daughters Elizabeth Barnabe and Mary Barnabe, executrixes" but he appoints his brothers-in-law John Boulteel, Clarke and George Rookes, Marchant" as overseers to care for his goods until his daughters reach the age of 21.
In addition to naming other in-laws and outlining the relationships of several, he mentions: "To Loving brother John Barnabe (See footnote 2) resident in Virginia and Planter there 100 pounds, and my brother James Barnabe resident in Virginia 100 pounds, to be paid to them if living, or if dead to their sons and daughters. If none be living, then to the children of said brother in law George Rookes, Merchant."
George Rookes was married to the Barnabe's sister, Elizabeth, with whom he had seven children. Richard Barnabe also names sister Martha Barnabe "sometime weif of John Sargenson, vintner, dec'd and her sonn William," and another sister, Katherine Clarke and her son Robert and daughter Katherine.
Ever helpful to the future genealogist, he mentions Ann Barnabe, daughter of his brother John, married to _______ Edwards, Merchant, as well as a small bequest to servant, Elizabeth Rivers.
The rest of his estate he left to Masters and Wardens of Company of Drapers of London ("whereof I am a brother") to be used to enable "some godly and vertuous Preacher" to "preach five sermons yearly in church of St. Katherine Colman neere billeter lane, London." He's very specific about the sermons that be preached and obviously his heart lies with his dead wife and five (or six?) dead children in the churchyard.
He goes on to outline additional bequests in varying sizes to those who have served his family, as well as more distant relatives.
In April of 1635, he added an appendix to the "will made in England by me Richard Barnaby, Merchant, In good shipp Hart now bound for England," and in it he leaves bequests to friends including a "paire of Buffe gloves," and "one Capp wrought with silk and gold" and "one capp of lynnen with needle worke purles." To his nephew George Rookes he adds a bequest of an "imbroidered girdle with silver buckles." He leaves additional interesting bits and bobs to friends, servants and even the ship's surgeon and his mate. Apparently Mr. Barnabe's household was flush with treasures.
But that's all he wrote, folks. Sadly, his will was proved just over a year later on 11 July 1636. In a slightly depressing footnote to this piece, the church of St. Katherine Colman in London was demolished in 1925. No "godly and vertuous Preacher" shall evermore preach a sermon over the mortal remains of Ann and Richard Barnaby or their numerous departed children.
So it does indeed look like the Barnabes were a family of prosperous merchants of London. Richard and James's brother, John Barnabe, came to Virginia in 1621 and was "a servant in Governor George Yardley's house in Jamestown for two years" before going on to become a planter and a merchant with brother-in-law George Rookes. Although I have not been able to find any specific references to James Barnabe of Delmarva engaging in shipping or the merchant trade, it is clear that he was the third Barnaby brother in this scenario, and that he therefore very likely did come from London.
1. Somerset Co. MD, Liber J.K.L., Court Record, 3 Mar. 1681
2. Per a footnote at the bottom of the will, "The census of Virginia, 1624-25 gives the 'muster' of John Barnabe at Elizabeth City. It includes himself, aged 21, who came in the London Merchant in 1620 (Notten's Emigrants, p. 247.)" Additional details about John Barnaby (Barnabe) can be found in Virginia Immigrants and Adventurers, 1607-1635: A Biographical Dictionary, by Martha W. McCartney.
Although I am doubtful of a connection between my James "Isaac" Henderson of Onslow County and the family of John and Elizabeth Barnaby Henderson of Somerset & Worcester Counties MD, I was still intrigued by the idea of a 17th-century merchant family settling the wilds of the Delmarva Peninsula so I went poking around to see what I could learn.
First, a little background on the Barnaby connection to the Hendersons of the Delmarva Peninsula...
On 1 Jul 1680, in Somerset County MD, Elizabeth Barnaby (b Feb 1661), daughter of James Barnaby (the younger) and his wife Mary, married John Henderson (b May 1661), son of James Henderson and his wife, also Mary. Their numerous children and grandchildren would for the most part stay in the Worcester County MD area with the exception of grandson Barnaby Henderson, who would move to Onslow County NC circa 1765.
Elizabeth Barnaby's father, James the younger, made his will on 26 Jan 1665/66 leaving bequests to wife Mary (executrix), and his minor children James (noted as under 16), Rebecca, and Elizabeth (both noted as under 15).
After James's early death, his widow, Mary Barnaby, would marry local planter Edward Jones. Mary's health (or luck) was apparently not much better than James's and a few months after giving birth to her first child with Mr. Jones (in 1669), Mary died too, leaving her three young children and an infant in the care of her second husband. I found an interesting abstract (See footnote 1) conveying the information that "James Barnebe" was "shott with a gun in the hands of Mercy Fountaine on the plantation where Edward Jones liveth the 3rd day of March 1681 and was buried there the 4th day of the same month." James would have been about seventeen, and Fountaine was only about fifteen years old at the time. I have not been able to find any additional details on the incident, so I assume it was accidental since there are no apparent trial records.
James Barnabe, father of the unfortunate orphans (and even less fortunate son), was in turn the son of James Barnabe the elder and his wife, Sarah. According to a deposition, James was in Northampton County, VA as early as 1637/38. In 1640 he and Sarah were headright settlers for John Holloway of Accomack County VA, and in 1651 they were the same in Northampton County VA for Roger Jones (not sure how that happened, but that's what my records say). I wonder if Roger was any relation to Edward...hmmm.
I have a notation that James Barnabe the elder was "of London" with an estimated birth date of 1610, so I decided to have a look and see if that held water. 1637 was a long time ago and there is a lot of room for error to develop in the records. I didn't really expect to find anything to connect this James Barnabe to any English merchants or shipping enterprises, but blow me down...
From the book Virginia Gleanings in England, by Lotrop Withington, page 135:
"Will of Richard Barnabe, London, Marchant, bound on a voyage by God's grace to the East Indyes with good shipp or vessell named the Mary of London of the burden of One Thousand Tunnes or thereabouts. Will 19 January 1630, proved 11 July 1636."
The will is lengthy and detailed (lucky for us all). This was obviously not an old man, and he had plenty of time to think things through and write it all down. His wife was already dead and buried (in the church of St. Katherine Colman of London, in case you are wondering), and he makes known his wish "to be buried neere late wief." He leaves "all to daughters Elizabeth Barnabe and Mary Barnabe, executrixes" but he appoints his brothers-in-law John Boulteel, Clarke and George Rookes, Marchant" as overseers to care for his goods until his daughters reach the age of 21.
In addition to naming other in-laws and outlining the relationships of several, he mentions: "To Loving brother John Barnabe (See footnote 2) resident in Virginia and Planter there 100 pounds, and my brother James Barnabe resident in Virginia 100 pounds, to be paid to them if living, or if dead to their sons and daughters. If none be living, then to the children of said brother in law George Rookes, Merchant."
George Rookes was married to the Barnabe's sister, Elizabeth, with whom he had seven children. Richard Barnabe also names sister Martha Barnabe "sometime weif of John Sargenson, vintner, dec'd and her sonn William," and another sister, Katherine Clarke and her son Robert and daughter Katherine.
Ever helpful to the future genealogist, he mentions Ann Barnabe, daughter of his brother John, married to _______ Edwards, Merchant, as well as a small bequest to servant, Elizabeth Rivers.
The rest of his estate he left to Masters and Wardens of Company of Drapers of London ("whereof I am a brother") to be used to enable "some godly and vertuous Preacher" to "preach five sermons yearly in church of St. Katherine Colman neere billeter lane, London." He's very specific about the sermons that be preached and obviously his heart lies with his dead wife and five (or six?) dead children in the churchyard.
He goes on to outline additional bequests in varying sizes to those who have served his family, as well as more distant relatives.
In April of 1635, he added an appendix to the "will made in England by me Richard Barnaby, Merchant, In good shipp Hart now bound for England," and in it he leaves bequests to friends including a "paire of Buffe gloves," and "one Capp wrought with silk and gold" and "one capp of lynnen with needle worke purles." To his nephew George Rookes he adds a bequest of an "imbroidered girdle with silver buckles." He leaves additional interesting bits and bobs to friends, servants and even the ship's surgeon and his mate. Apparently Mr. Barnabe's household was flush with treasures.
But that's all he wrote, folks. Sadly, his will was proved just over a year later on 11 July 1636. In a slightly depressing footnote to this piece, the church of St. Katherine Colman in London was demolished in 1925. No "godly and vertuous Preacher" shall evermore preach a sermon over the mortal remains of Ann and Richard Barnaby or their numerous departed children.
So it does indeed look like the Barnabes were a family of prosperous merchants of London. Richard and James's brother, John Barnabe, came to Virginia in 1621 and was "a servant in Governor George Yardley's house in Jamestown for two years" before going on to become a planter and a merchant with brother-in-law George Rookes. Although I have not been able to find any specific references to James Barnabe of Delmarva engaging in shipping or the merchant trade, it is clear that he was the third Barnaby brother in this scenario, and that he therefore very likely did come from London.
1. Somerset Co. MD, Liber J.K.L., Court Record, 3 Mar. 1681
2. Per a footnote at the bottom of the will, "The census of Virginia, 1624-25 gives the 'muster' of John Barnabe at Elizabeth City. It includes himself, aged 21, who came in the London Merchant in 1620 (Notten's Emigrants, p. 247.)" Additional details about John Barnaby (Barnabe) can be found in Virginia Immigrants and Adventurers, 1607-1635: A Biographical Dictionary, by Martha W. McCartney.
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