Foote of Virginia

Fo7 Bahethelind/Behethalon/Behetheland Foote was the daughter of George Foote and Frances Berryman

Born: Married: Ensign Benjamin Pope on 11 Dec 1766 in Fauquier Co. Virginia Died:

She was evidently named after her great aunt on he mother's side, which is still a name worthy of further explanation.

Children: (Po6) Worden Pope (1776-1838) (Po6-2) William Pope had at least two sons, Senator John Pope (Po6-2-1) and Nathaniel Pope (Po6-2-2) and others - to be recorded later. (?Po6 =Po7) Thomas Pope .

The marriage bonds for Fauquier Co. reveal that Bahetelind probably had a number of siblings and/or cousins in the same county, so the family must have been seated there from about 1720 on or earlier August 26, 1763, Wm. Foote and Elizabeth Foote . April 9, 1764, Benj. Tyler and Mary Foote April 2, 1764, Francis Moore and Frances Foote As no more marriages are recorded for Foote or Pope after 1766 it is assumed that all branches of the family left in the first wave of Western mi

Source:
Johnson' s History of Louisville.
Abridged Compendium of Genealogy.
Westmoreland County Records.
Unpublished fmnily records of R.C. Thruston.
Original manuscript payroll of Captain George Patten's Company of Militia of the County of Jefferson at Virginia State Library.
Also, Illinois Papers D.940.
William and Mary Quarterly, Volume 12, page 192.

The texts of the following Wills are taken from the above photocopies that
were made at Westmoreland County Courthouse.

Elizabeth Newton Berryman's Deposition is taken from Virginia Historical
Magazine as noted.

The Will texts are "as written" with spelling and grammar unchanged.
Of course, these are "not the original wills", they are "copies" hand-written
by clerks for filing purposes.

Westmoreland Co. VA Records & Inventories pg. 87

In left margin:Major Benjamin Berryman Inventory

Pursuent to an Order of Court Dated August ye 27th 1729.

We ye Subscribers being Sworn before Capt Burdett Ashton
one of his Majesties Justices for ye sd County have Vallued ye
Estate of Major Benjamin Berryman Gent., Decd as followeth Viz:
L. S. d.
1 Negro man Named Anto (Anthony?) . . . . . . . 25 . 00 . 00
1 Negro man Named Sam . . . . . . . 22 . 00 . 00
1 Negro man Named Wappen? . . . . . . . 20 . 00 . 00
1 Negro lad Named Tim . . . . . . . 18 . 00 . 00
1 Negro lad Named Dick . . . . . . . 19 . 00 . 00
1 Negro fellow Named Tom . . . . . . . 16 . 00 . 00
1 Negro woman Named Sue . . . . . . . 20 . 00 . 00
1 Young Negro woman Named Frank? . . . . . . . 25 . 00 . 00
1 Young Negro man Call'd Cezar . . . . . . . 18 . 00 . 00
1 Young Negro woman Call'd Cate . . . . . . . 25 . 00 . 00
1 Young Negro woman Named Pegg . . . . . . . 18 . 00 . 00
1 Young Negro boy abt 13 Yrs old . . . . . . . 16 . 00 . 00
1 Young Negro girl abt 9 Yrs old . . . . . . . 12 . 00 . 00
1 Young Negro boy abt 7 Yrs old . . . . . . . 08 . 00 . 00
1 Young Negro girl abt 8 Yrs old . . . . . . . 10 . 00 . 00
1 Young Negro girl abt 3 Yrs old . . . . . . . 06 . 00 . 00
1 Young Negro girl abt 2 Yrs old . . . . . . . 04 . 00 . 00
1 Negro man Named James . . . . . . . 30 . 00 . 00
1 Negro child Named Jenny . . . . . . . 03 . 00 . 00
1 Mullatoe boy to be free . . . . . . . 10 . 00 . 00
1 Negro woman Call'd Lucy . . . . . . . 02 . 00 . 00
1 Young Negro woman Named Grace . . . . . . . 20 . 00 . 00
1 Old Negro woman Named Sarah . . . . . . . 05 . 00 . 00
1 Negro boy abt 12 Yrs old . . . . . . . 12 . 00 . 00
1 Negro girl abt 10 Yrs old . . . . . . . 10 . 00 . 00
1 Negro girl abt 8 Yrs old . . . . . . . 08 . 00 . 00
1 Negro boy abt 5 Yrs old . . . . . . . 07 . 00 . 00
1 Negro girl abt One Yr old . . . . . . . 03 . 00 . 00
1 Negro man Named John . . . . . . . 30 . 00 . 00
1 Young Negro woman Named Judy . . . . . . . 20 . 00 . 00

1 Old Mare, 1 Young Mare . . . . . . . 02 . 00 . 00
1 Old black Mare . . . . . . . 01 . 00 . 00
1 Old Mare . . . . . . . 01 . 00 . 00
1 Mare . . . . . . . 02 . 00 . 00
1 Young Mare abt 6 yrs old . . . . . . . 02 . 10 . 00
1 Young black Mare . . . . . . . 00 . 05 . 00
1 Young Mare . . . . . . . 02 . 00 . 00
1 Young Mare . . . . . . . 01 . 00 . 00
1 Young Horse abt 6 yrs old . . . . . . . 05 . 00 . 00
1 Young Horse abt 3 yrs old . . . . . . . 02 . 00 . 00
1 Old white Horse . . . . . . . 01 . 00 . 00
1 Fine Horse . . . . . . . 12 . 00 . 00
1 Saddle and honssin? (harness?) . . . . . . . 02 . 00 . 00

22 Sheep . . . . . . . 07 . 14 . 00
7 Breeding Sows abt 3 yrs old . . . . . . . 02 . 16 . 00
5 Young Barrows abt 2 yrs old . . . . . . . 02 . 10 . 08
20 Young Hogs of 1 yr old . . . . . . . 07 . 00 . 00
14 Hogs abt 1 yr old . . . . . . . 00 . 10 . 00
1 Sow and six Shoats . . . . . . . 01 . 05 . 00
1 Sow and six Pigs . . . . . . . 00 . 13 . 00
25 Pigs abt 6 months old . . . . . . . 02 . 10 . 08
1 Old Bull . . . . . . . 01 . 10 . 08
2 Bulls of 2 yrs old . . . . . . . 01 . 10 . 00
10 Cows . . . . . . . 17 . 10 . 00
4 Steers abt 2 yrs old . . . . . . . 04 . 00 . 00
2 Heifers abt 2 yrs old . . . . . . . 02 . 00 . 00
8 Yearlings . . . . . . . 03 . 20 . 00
2 Young Oxen of 4 yrs old . . . . . . . 05 . 00 . 00
2 Large Oxen abt 7 yrs old . . . . . . . 07 . 00 . 00
1 Ox Waine (cart), Yokes & Chain . . . . . . . 02 . 10 . 00
2 Old Plows and Coulters . . . . . . . 00 . 15 . 00
47 Geess (geese) . . . . . . . 03 . 10 . 06
28 Turkeys . . . . . . . 01 . 08 . 00

2 lb 11-1/4 oz of Plate @ 5 S pr oz
Avoirdupois weight (silver) . . . . . . . 10 . 16 . 03
16 3/4 oz of Plate @ 5 S pr oz . . . . . . . 04 . 03 . 09

1 Silver hilted Sword & Belt . . . . . . . 02 . 10 . 00
1 Sword & Belt . . . . . . . 01 . 00 . 00
1 Case of Pistols & Holsters . . . . . . . 01 . 10 . 00
1 Great Gun & 2 Patterarods (ramrods?) . . . . . . . 01 . 05 . 00
1 Brass Blunderbus . . . . . . . 00 . 12 . 00
1 Old Gun . . . . . . . 00 . 10 . 00

A Small Library of Books . . . . . . . 15 . 00 . 00
1 House Bell . . . . . . . 00 . 07 . 00
1 Fine Secretore (Secretary bookcase/desk). . . . . . 08 . 00 . 00
1 Writing Standish (stand/case) . . . . . . . 00 . 05 . 00
1 Large Looking Glass (Mirror) . . . . . . . 02 . 00 . 00
1 House Clock (grandfather or wall clock). . . . . . 06 . 00 . 00
1 Large Oval Table . . . . . . . 02 . 00 . 00
1 Lesser Oval Table . . . . . . . 02 . 00 . 00
1 Small Oval Table . . . . . . . 00 . 15 . 00
1 Backgammon Table . . . . . . . 00 . 05 . 00
1 Small Table . . . . . . . 00 . 05 . 00
1 Small Square Table . . . . . . . 00 . 05 . 00
1 Old Table . . . . . . . 00 . 05 . 00
1 Old Table . . . . . . . 00 . 02 . 00
1 Large Old Table . . . . . . . 01 . 00 . 00
2 Dozen of Damask Napkins . . . . . . . 02 . 00 . 00
2 Draper Table Cloths . . . . . . . 00 . 18 . 09
2 Small Table Cloth . . . . . . . 00 . 09 . 09
2 Old Damask Table Cloths . . . . . . . 00 . 06 . 00
3 Guilded Pictures (Gilt framed Portraits?) . . . . . 09 . 00 . 00
6 Fine Pictures . . . . . . . 03 . 00 . 00
2 Fine Pictures . . . . . . . 00 . 10 . 00
4 Old Pictures . . . . . . . 02 . 02 . 00
3 Sconses (candle sconces) . . . . . . . 00 . 09 . 00
3 Pipe Boxes, 1 old Trunk . . . . . . . 00 . 04 . 00
1 Fine Trunk . . . . . . . 02 . 10 . 00
1 pr Andirons, Fire Tongs, Shovel . . . . . . . 02 . 00 . 00
1 pr of old Andirons . . . . . . . 00 . 10 . 00
1 Small pr of Andirons . . . . . . . 00 . 10 . 00
1 pr of Brass Andirons, 1 Iron Back,
1 pr Fire Tongs . . . . . . . 01 . 15 . 00
1 Old Cubboard (cupboard) . . . . . . . 01 . 10 . 00
1 Fine Neast (nested chests?) of Drawers. . . . . . . 07 . 00 . 00
1 Chest of Drawers . . . . . . . 04 . 00 . 00
1 Old Chest and 1 Stand . . . . . . . 00 . 12 . 00
1 Swinging Looking Glass (for dressing?) . . . . . . 00 . 15 . 00
1 Swinging Looking Glass . . . . . . . 00 . 13 . 00
1 Small Looking Glass . . . . . . . 00 . 01 . 06
1 Close Stoole (covered commode) . . . . . . . 00 . 04 . 00
1 Old Close Stoole . . . . . . . 00 . 02 . 00
1 Dark Lanthorn (iron? candle-lantern) . . . . . . . 00 . 01 . 00
1 pr of Bellows, 1 Candle box . . . . . . . 00 . 08 . 00
1 pr of Snuffers (wick trimmer) and Stand . . . . . . 00 . 02 . 06
15 Rush (bottomed) Leather Chairs . . . . . . . 05 . 05 . 00
3 Large Rush Leather Chairs @ 12 S . . . . . . . 01 . 16 . 00
1 Large Arm'd Chair & Qushon (cushion) . . . . . . . 00 . 05 . 00
1 Large Flagg? Chair (fabric bottomed?) . . . . . . . 02 . 10 . 00
5 Old Flagg? Chairs . . . . . . . 00 . 03 . 04
6 Cane (bottomed) Chairs . . . . . . . 02 . 08 . 00
2 Large Cane Chairs . . . . . . . 01 . 04 . 00
8 Old Leather Chairs . . . . . . . 00 . 16 . 00
1 Old Large Arm'd Chair . . . . . . . 00 . 03 . 00
8 Old Chairs, 1 old Chest . . . . . . . 00 . 12 . 00
1 Fine Spinning Wheel . . . . . . . 00 . 07 . 06
1 Spinning Wheel . . . . . . . 00 . 07 . 06
1 Small Tea Cup . . . . . . . 00 . 01 . 00
1 Chamey? (China or enamel?) Punch Bowl . . . . . . . 00 . 10 . 00
1 Chamey? Sugar box . . . . . . . 00 . 05 . 00
1 Small Punch Bowl . . . . . . . 00 . 01 . 00
1 Large Punch Bowl . . . . . . . 00 . 01 . 00
1 Cradle . . . . . . . 01 . 00 . 00
1 pr of Window Curtains and Vallins . . . . . . . 00 . 02 . 06
1 pr of Money Scales . . . . . . . 00 . 04 . 00
1 pr of Sugar Scales . . . . . . . 00 . 05 . 00

1 New Feather Bed & Boulster . . . . . . . 04 . 10 . 00
1 New Feather Bed & Boulster . . . . . . . 04 . 00 . 00
1 New Feather Bed . . . . . . . 04 . 00 . 00
1 Feather Bed, Boulster, 1 Blanket . . . . . . . 03 . 10 . 00
1 Old Feather Bed, Boulster, 1 Quilt, 1 Blanket,
Bedstead, Cord & Hide . . . . . . . 05 . 10 . 00
1 Feather Bed, Boulster, 1 Quilt, 2 Pillows, 1 Quilt, 1 blanket,
Curtins, Vallins, Foot Vallins, Headps (headboard?),
Tauter (tightener), Bedstead, Cord & Hide . . . . 10 . 00 . 00
1 New Feather Bed, Boulster, 2 Pillows, 2 Quilts, 1 Blanket,
Old Curtains and Vallins, Foot Vallins, Bedstead,
Cord and Hide . . . . . . . 08 . 00 . 00
1 Good Feather Bed, Boulster, 2 Pillows, Quilt, 1 Blanket,
Curtains & Vallins, Bedstead, Cord and Hide . . . 08 . 00 . 00
1 Feather Bed, Boulster, 2 Pills, 1 Rug (blanket),
1 Blanket, 1 Low Bedstead, Cord and hide . . . . 05 . 10 . 00
1 Old Feather Bed, Boulster, 1 Rug, 1 Blanket, 1 Low
Bedstead, Cord and Hide . . . . . . . 04 . 10 . 00
1 Feather Bed, Boulster, 1 Rug, 1 Blanket, Bedstead,
Cord and Hide . . . . . . . 03 . 00 . 00
1 Good Bed, Boulster, 1 Old Quilt, Bedstead,
Cord and Hide . . . . . . . 04 . 10 . 00
1 Bed, Boulster, 1 Rug, 1 Blanket, Cord
and Hide . . . . . . . 04 . 00 . 00
1 Cot Bed, Blanket, Rug . . . . . . . 02 . 10 . 00
1 Old Flock? Bed . . . . . . . 00 . 15 . 00
5 Old Pillow Cases . . . . . . . 00 . 05 . 00
5 pr of Sheets . . . . . . . 03 . 07 . 06
3 Old Sheets . . . . . . . 00 . 07 . 00
1 Old Warming Pan . . . . . . . 00 . 15 . 00

1 Churn . . . . . . . 00 . 05 . 00
2 Old Pewter Bassons (basins), 1 Callender. . . . . . 00 . 08 . 00
3 powdering (meat preparing) Tubs . . . . . . . 03 . 10 . 00
2 small powdering Tubs, 1 old Chest . . . . . . . 00 . 15 . 00
1 Meal Search? (sieve?), 1 Meal Sifter . . . . . . . 00 . 06 . 00
2 Canisters . . . . . . . 00 . 01 . 00
1 Spice Morter and Pestle . . . . . . . 00 . 06 . 00
2 Iron Pestles . . . . . . . 00 . 08 . 00
3 Pot Racks . . . . . . . 00 . 12 . 00
2 Iron Spits . . . . . . . 00 . 14 . 08
1 Old Ladle and Fork . . . . . . . 00 . 01 . 00
16 Pattie (biscuit?) Pans, 2 Tin Callenders . . . . . 00 . 09 . 00
2 Old Frying Pans . . . . . . . 00 . 06 . 00
1 Old Frying Pan . . . . . . . 00 . 01 . 00
1 Old Mill Spindle . . . . . . . 01 . 00 . 00
10 Pieces of Earthen Ware . . . . . . . 00 . 10 . 00
1 Mustard Pot, 1 Salt (pot) . . . . . . . 00 . 02 . 00
7 Large Butter Pots . . . . . . . 00 . 14 . 00
1 Large Jar . . . . . . . 00 . 05 . 00
8 Quart Bottles . . . . . . . 00 . 01 . 04
2 Old Pails . . . . . . . 00 . 06 . 00
1 Old Washing Tub . . . . . . . 00 . 02 . 06
1 Old Bushtt? (brush?), 2 Towle? Dishes . . . . . . . 00 . 04 . 06
5 Bushels of Salt . . . . . . . 00 . 07 . 06
79 lb of good Pewter . . . . . . . 03 . 19 . 00
111 lb of old Pewter . . . . . . . 02 . 15 . 06
1 Old Chest . . . . . . . 00 . 05 . 00
1 Case of bottles, 2 Sugar boxes . . . . . . . 00 . 18 . 00
30 lbs of Mirtle (Myrtle/candle) Wax . . . . . . . 01 . 02 . 06
29 lbs of Tallow . . . . . . . 00 . 14 . 06
9 Large Stone Jugs . . . . . . . 00 . 18 . 00
6 Gallons of Mallasses (Molasses) . . . . . . . 00 . 12 . 00
5 Large Butter pots, 1 Small Butter pot . . . . . . . 00 . 09 . 00

2 Stills . . . . . . . 07 . 00 . 00
2 Box Irons & Heaters, 2 Funnels . . . . . . . 00 . 06 . 00
1 pr of Small Stillards (steelyards - scales) . . . . 00 . 10 . 00
1pr of Large Stillards . . . . . . . 01 . 00 . 00
1 pr of Spoon Molds . . . . . . . 00 . 10 . 00
1 Whip Saw, 2 files & 1 Rest . . . . . . . 02 . 10 . 00
1 Cross Cut Saw . . . . . . . 00 . 07 . 00
1 Old Tenant (Tenon) Saw . . . . . . . 00 . 02 . 00
1 Currying Knife and Steal (sharpener?) . . . . . . . 01 . 00 . 00
1 pr of Garden Shears . . . . . . . 00 . 01 . 06
2 pr of Tailors Shears, 1 pr of Scissors. . . . . . . 00 . 02 . 06
4 pr of Sheep Shears, 3 pr Wool Cards and 1 pr of
Cotton Cards . . . . . . . 00 . 09 . 06
1 Parcel of Carpenters Tools . . . . . . . 00 . 10 . 00
1 Parcel of Coopers Tools, 1 Sledgehammer . . . . . . 01 . 00 . 00
1 Parcel of Shoemakers Tools & Alls (Awls). . . . . . 00 . 15 . 00
4 Old Towels . . . . . . . 00 . 02 . 00
2 Trowels . . . . . . . 00 . 03 . 00
2 Grubbing Hoes . . . . . . . 00 . 05 . 00
9 Hoes . . . . . . . 00 . 12 . 00
4 Old Hoes, 1 Old Axe . . . . . . . 01 . 05 . 06
4 Good Axes . . . . . . . 00 . 10 . 00
1 Old Axe . . . . . . . 00 . 02 . 00
1 Set of Wedges . . . . . . . 00 . 10 . 00
2 Iron Wedges . . . . . . . 00 . 06 . 00
1 Large Iron Crow (crowbar) . . . . . . . 00 . 01 . 06
1 Large Grinding Stone . . . . . . . 00 . 02 . 06
18 Tubs . . . . . . . 01 . 00 . 00
3 Small Wooden Boxes . . . . . . . 00 . 01 . 06
2 Rundletts (runlets? - small wine casks) . . . . . . 00 . 02 . 00
21 Cyder (cider) Casks . . . . . . . 05 . 05 . 00
4 Mill Pecks? (peck baskets?) . . . . . . . 00 . 05 . 00
22 Sides of Leather . . . . . . . 04 . 02 . 06
1198 Foot of Inch plank . . . . . . . 04 . 19 . 10
843 Foot of Feather Edge plank . . . . . . . 01 . 15 . 01
2 Fine Iron Hooks, 10 lbs Brass Heads? . . . . . . . 00 . 02 . 00
206 lbs of Old Iron . . . . . . . 00 . 17 . 02
273 lb of Pot Iron . . . . . . . 02 . 05 . 06
68 lbs of Pot Iron . . . . . . . 00 . 11 . 04
1 Large Copper Qt: (qty?) 49 wt . . . . . . . 03 . 13 . 06
11 lb of Brass . . . . . . . 00 . 14 . 08
16 lb of Old Brass . . . . . . . 00 . 08 . 00

Elizabeth Berryman
Robt: Washington
Law: Butler
Jarrett Foard

Westmoreland At a Court held for the sd County the 26th Day of
November 1729

This Inventory of the Estate of Benjamin Berryman Gent decd was
return'd into Court upon Oath by - Elizabeth Berryman his Relict
& Exetutrix and Ordered to be Recorded.

Recorded the 23th Day of December 1729
GTCCW Test: G Turbervile CClerk
_______

MB Notes on the above Inventory:

The Inventory has been resequenced from the original and a few
items have been combined.
"Do" (ditto) marks have been replaced with appropriate text
and some of the spelling has been updated.
Although I've tried to explain the obscure terms there are still
some "unknowns". For instance, the "Chamey" sugar box and the
punch bowl and also the "Flagg" chairs.
I believe flagg refers to a type of fabric on the chair
seats and Chamey may be a type of glass, crystal or perhaps
enamel on metal.
I believe the word "Hide" in the bedstead items refers to a
"tanned leather hide" that was laid over the ropes (and
below the feather bed).
A "Rugg" was a type of blanket (perhaps a "bedspread") not
a floor rug.

As lengthy as the inventory is ... I think they missed a
few things.

I didn't find Benjamin's clothing, shoes, wigs, eye glasses
(if any), tobacco pipes, rings, or other personal items.
It is also little surprising that he didn't have a
carriage or wagon by 1729. I know the roads were
"horse paths", but I thought they might at least have one
wagon. They did have an Ox cart (waine).
Also they seemed to be a "little light" on saddles, harness,
etc. given as many horses as he owned ... unless the other saddles
were considered the property of Elizabeth and the children.
I would have liked to have seen an inventory of Benjamin's
Mill, but the "large grinding stone" may be a millstone. MB

MAJR: BENJA: BERRYMAN'S WILL

In the Name of God Amen. I Benja: Berryman of ye County of Westmoreland being in perfect health and memory praised be God for the same doe make and ordaine this my Last Will and testement in maner and forme following. ffirst I Give my Soul to Almighty God hopeing through the merrits of his Son Jesus Christ he will accept the same and my Body to the earth to be decently buryed in the Burying place of my father as my Executrix shall see fit. And as for my worldly Goods I Give and dispose thereof as ffolloweth.

(1) I Give to my Son James my house and Land whereon I now Live Including the Land I bought of Hugh ffrench and the Land I Leased of James Neale and the Land I bought of Capt: Anthony Thornton alsoe my watter Grist Mill to him the said James Berryman and the heirs male of his body and for want of such heirs to my Son William Berryman and the heirs male of his Body and for want of such to my Son Maximillian Berryman and the heirs male of his Body and for default of such heirs to my Son John and the heirs male of his Body and for default of such to my Son Newton and the heirs male of his Body and for default of such heirs then to my Son Henry and the heirs male of his Body and for default of such then to my Son Benja: Berryman and the heirs male of his Body and for default of such heirs then to my Grandson Gilson Berryman and the heirs male of his Body and for default of such heirs then to my Right heirs att Law.

(2) I Give to my Son Henry Berryman two hundred Ackers of Land parte of ye Land I have in the forrist next and ajoineing to ye Land of John Popham to him and the heirs male of his Body and for default of such heirs to my Son William and the heirs male of his Body and for default of such heirs to my Son James and the [heirs] male of his body and for default of such heirs to my Son Maximillian and the heirs male of his Body and for default of such heirs to my Son Newton and the heirs male of his Body and for default of such heirs to my Son John and the heirs male of his Body and for default of such heirs to my Grandson Gilson Berryman and the heirs male of his Body and for default of such heirs to my Son Benjamin and his heirs for Ever.

(3) I give to my Son William the rest of my forist Land which I supose to be four hundred and three Ackers whith what I Bought of Overhall Whitehouse and Rusell to him and the heirs male of his Body and for default of such to my Son Henry and the heirs male of his Body and for default of such to my Son James and the heirs male of his Body and for default of such to my Son Maximillian and the heirs male of his Body and for default of such to my Son Newton and the heirs male of his Body and for default of such to my Son John and the heirs male of his Body and for default of such to my Grandson Gilson and the heirs male of his Body and for default of such to my son Benjamin and his heirs for Ever.

(4) My land in King George County that I Escheated from Samuell Dudley Jacob Danill and John farmer being four hundred Ackers two hundred of ye said four I have Given by Deed to my Son Benjamin Acknowledged in King George Courte as by the Deed thereof & the remaining two hundred Ackers I Give to my Son John and the heirs male of his Body and for want of such heirs I Give the said two hundred Ackers of Land to my Son Benja: Berryman and his heirs for Ever.

(5) I Give to my Son Newton Berryman and to my Son Maximillian Berryman Six hundred and Sixty three Ackers of Land att a place calld the Marsh in King George County to be Equally Devided between them and if either of my said Sons should dye before he hath Lawfull Issue male that then the Land shall goe to the Survivor of them and if boath should dye before the Land is devided and should Leave Issue male that then the said Land shall be devided between ther Eldest Sons and if they should dye withoute Issue male that is boath Newton and Maximillian then the Land to goe to be Equally devided between my two Sons Benja: Berryman and John Berryman and the heirs male of their bodys for Ever.

(6) My Son Benja: Berryman hath his parte of Negros and is possessed of them. And I doe by this my Will confirme them to him he hath alsoe had his Share of Cattell hoggs houseall Goods & Alsoe my Daughter Rose hath had her parte and my Daughter Anne her parte and my Daughter Elizabeth her parte soe that I Give them noe more and need not say any further of them.

(7) And now the Negros that I am possessd of is aboute thirty which said Negros and theare increase I Give to my Six Sons and three Daughters that is to say William James Newton Maximillian John and Henry only two a Negros a peece. I Give to my three Daughters that is to say Sarah ffrankey and Cate which said Negros are to be sett oute to them and delivered by my Wife there Mother as she shall think fitt that is if she pleseis to give one more then another she has full power by this my Will soe to doe say to take either one or all the Negros from ane a one of my three Daughters Sarah frankey or Catey that I have Given them in this my Will and Give it to which of my Sons or Daughters she shall plese and there uppon if she should soe think fitt. I to that intent revoke the Gifts to the said three Girles and wholy put it into her power soe as she dispose of them to my Childeren and this Grate trust I put in her because I think she will doe Justice according as they will deserve and that they are all her Childeren as well as mine and my Will is that my houseall Goods and Stock of what Nature soe Ever it be I give to my Children that is to say William James Newton Maximillian John Henry Sarah ffrances and Cate to be devided by there Mother amongs them as she shall see fitt and to Give them there portions Equall or un Equall as she shall plese.

(8) My will is that my picture Grate Glass and Scretere and Clock be not removed out of the Hall. Except Gilson’s ffather and Mothers which I Give to him when he shall be of the Age of twenty one Years alsoe Ben’s picture I give to him and my one and his Mothers after his Mother’s death or before if she pleseis to Let him have them the rest I Give to my Son James Except Billy’s picture which I Give to Billy the rest to stand in the Hall as Long as it remains tennantable.

(9) My Will is that not withstanding what I have Given my Childeren above my Wife if she pleses keep all and singuler my Estate of Lands houses Mill and Negros houseall goods Stocks of whatt sorte soever in her possession duering the time she shall remaine my Widow and keep her selfe unmarried and that she take the proffits to her owne use for her Supporte and maintaineance of the Childeren and to keep the Mill and houseing in repare and that at her Death if she keep her selfe unmaried soe long to make distrebution of all the Negros with there Increase to my said Six Sons or the Survivors of them that is to say Will James Newton John Maximillian and Henry or if she pleses she may make Distrebution as she will see they want itt before her death. And that the Distrebution be made to my Childeren according as I have by this my Will given her power. And that if she should think fitt to marry againe itt is then my Will that my Son Benja: Berryman take all my Estate and alsoe my Childeren into his Care and manidgement for the use of my Childeren. But if my Wife keeps her selfe singell tell her Death then it is my Will that she Dispose of the Childeren and there Estates into such hands as she by her Will shall fitt and duering the time she shall be unmarryed that she be my sole Exequetrix and to have the sole Adminestration her selfe but if she marryes then her Exequetorship to Cease and then my Son Ben to be my Exequetor of this my Last Will and Testement in full and ampell maner as may be. In Wittness where of I put to my hand and Seale this 13th Day of May 1729.

Testes: Richard Amis William Bedell Benja: Berryman {Seal}
Test: Tho: Sharpe
Tho: Stonehouse
Moses Caddy

Memorandon that on my Second thought I think Convenent to mak my Sons Will: Berriman and James Berriman to be my Exseccutores with my Son Benjaman Berriman. But not to Administer nor Conserne themselves with it tell my loving Wife shall Marry. Then not with standing then they tak the Estate they are not to debare hir of hir thirds. And for as much as I have Instated my Lands on my Sons and theare male heirs for want of such heirs the Lands I have given to sum other Yousis it being of what nature soever I revok in Case of faillur of the male heires of my Sons. Then I give to my four Dafters Rose Sarah frances and Catherron and the heirs male of theare Bodys and for want of such I give to my Sons Dafters and theare heirs for Ever. As Wittness my hand and Seal this forth Day of August in ye Yeare 1729

Test: Thos Sharpe Benja: Berryman {Seal}
Tho: Stonehouse
Moses Caddy

At a Court held for the sd County (Westmoreland) the 27th Day of August 1729.
This Last Will and Testament of Benjamin Berryman Gent. decd: together with the Codicil under written was presented into Court by his Relict and Exeritrix who made Oath thereto and being proved by the Oaths of all the Witnesses thereto (except Moses Caddy) is admitted to Record.

Recorded the 28th Day of August 1729 Test: G Turbervile CCW
by G T CCW

___________________________________________________________

Ne 9ELIZABETH BERRYMAN'S WILL

In the Name of God Amen I Elizabeth Berryman of the County of Westmoreland being weak in body but of sound and disposing mind and memory do constitute and appoint this my last Will & testament in manner following. Whereas my husband Benjamin Berryman by his last Will authorized me to make distribution of all his slaves to his six sons or the survivors of them and whereas three of the said Sons viz Newton, John and Henry died before they came of age and was not possesst of any of their fathers estate and whereas William, James and Maximilian are the surviving sons I give all the slaves with their increase to be divided as follows, Imprimis I give to my son William Berryman Old Negro Jack and Grace and their ten Children and bob which in his possession and Sall which I delivered to him as part of his fathers estate some years past but being a little Negro girl, that attended me I desired my son William to let her stay and wait on me which is now with me, as also I give him Rachel and Nel & Beck their Mother, to him and his heirs and assigns forever and allso my fathers Old Silver Tankard without a lid and also my fathers coat of arms. And also I give to my said son William Berryman all the lands I bought of Cossom Bennett in the County of Westmoreland which I have given him by a deed and do confirm to him his heirs and assigns forever.

Item I give to my son James Berryman, Negro George, Jack, Anthony, Ben, Aaron, Suke, Nace, Mary, Tim, Ned, Jude, Peg and her youngest Child Gerrat, Winney, and Belley to him his heirs and assigns forever. Item I give to my son Maximilian, fourteen Negroes which he has in his possession as also Salley, Lilla and Frank which are yet in my possession, to him his heirs and assigns forever.

Item my will and desire is that my stock and household stuff of what kind soever Tobacco Corn Money etc shall be equally divided between my three children that is to say William James and Katherine Nowles (Vowles?)

Item my son Benjamin Berryman had his part of his fathers estate before his death, Item my daughter Rose Taliaferro had her part of her fathers estate before his death.

Item my Daughter Frances Foot has her part since her fathers death according to his Will and gave a receipt for it.
Item my daughter Sarah Douglas has had her part of the negroes and my daughter Katharine Nowles has had her part of the Negroes, the reason bf my giving son William Seventeen Negroes and my son James but sixteen is because some negroes that my son William is possest of are very Deficient for old Jack & Grace are almost past labour, and one negro fellow with One eye and one hand, and another cripled lad of very little use, therefore I think the division I have made will make them equal according to quantity and quality.

Item I appoint my sons William and James Berryman executors to this my last will and testament.
In witness whereof I have hereunto set my hand and seal this 14th day of June 1762.

her
Elizabeth (E) Berrymen
mark

Signed Sealed and delivered
In presence of Gerrard Blackstone Causeen
Josias Causeen
Thomas Clark
William Staples

At a court held for Westmoreland County the 22d day of February 1763, This last Will and Testament of Elizabeth Berryman decd was proved according to law by the Oaths of Josias Causeen and William Stapes Witnesses thereto and Ordered to be recorded and on the motion of said William Berryman One of the executors named in the said Will who made Oath according to law and together with Willoughby Newton his Security entered into and acknowledged Bond with Condition as the law directs Certificate is granted him for Obtaining a probate thereof in due form liberty being reserved to James Berryman the Other executor named in the said Will to join in the probate when he shall think fit.

Teste

__________________________________________________________

ELIZABETH BERRYMAN'S DEPOSITION

Deposition of Eliza. Berryman Aged 70 years or thereabouts being Sworn and Examined in a Suit between Garrard Davis and others Plts. and Richd. Lee Defendent

(Elizabeth Berryman) -- deposeth and Saith that John Newton, the Elder, the Depts. father informed her (that) he was a Yorkshire (England) man and had three wives there, and one Son by each wife namely: John, Joseph and Benja. and that after the death of his last Wife, he came to Virginia and married this Depts. mother (Rose Nee? Tucker Gerrard Newton) and sometime after the Marriage he went Home again and brought in with him his three Sons of afores'd.
& that the sd. John, the Eldest Son, some time after he came to Virginia married and had issue: Wm. Newton, who married Barbary Johnson Daughter of James Johnson, ye Elder, half sister to John Gerrard, the younger, the said Wm. Newton had issue by the said Barbary Johnson, a Son, and (a) Daughter named Frances.

The sd. Wm. Newton survived the sd. Barbary, and afterward married Eliza. Berryman, the Daughter of this Depts. last Husband (Benjamin Berryman) by his first wife (Sarah Butler), & had issue by the sd. Eliza.: Wm. Newton, now in King George County, & Others.

Joseph Newton, the son of the (John Newton, the elder's) second wife had no issue now alive.

Benja. Newton, son by the third wife, married in Virginia and had issue one Son named Benja. & three Daughters
--the last mentioned Benja. married and had issue a Son named Benja. now living and is married to a Daughter of Rachel Colclough of Stafford County
& this Dept. Saith that her Father (John Newton) had issue by her Mother (Rose) who was his fourth and last wife: two Sons namely Gerrard and Thos. Newton
and further this Dept. Saith (further, that?) James Johnson the Elder married Eliza. the Mother of John Gerrard, ye younger, and had issue by her Jas., Eliza., Frances, Barbary and Anne, ye sd. Jas. died without issue.

Eliza. (Johnson) married William Davis and had issue. Frances (Johnson) married one Wiggington & had issue. Barbary (Johnson) married the aforesd. Wm. Newton & had issue as aforesd. Anne (Johnson) married Saml. Heath and had issue & further this Dept. Saith not.

her
Elizabeth X Berryman
mark

Westmoreland Sct.
The within sworn to the 10th day of February 1755 before us by Virtue of a Dedimus to us directed Dated the 15th. Day of November in the twenty ----------- year of our Reign -------

Wm. Berryman
James Berryman (sons of Elizabeth Newton Gilson & Benjamin Berryman)

A Copy teste: John Lee Junr. p Ben Waller C. G. Cur.
(Endorsed) Copy Berriman's Deps.

This deposition was copied from the Virginia Historical Magazine, Vol 23, 1925, p 300. Notes to Council Journals

It is presumed that the above namedJohn Beryman Be12 andElizabeth Fulford Fu12 had at least one son after the two daughters listed in this vistation note, and that this son was the father of the Benjamin Berryman born 7 December 1670 in Westmoreland Co. Virginia. It is not certain whether the date 1620 shown was the date of birth or accession to the manor, but the latter seems more likely as there were visitations around 1624. This would mean that the fahter of this John died in 1620 or before. Furthermore, that this son born after 1620 was named John and emigrated either about the time of the rise of Oliver Cromell due to his Royalist sympathies or at the time of Charles II's enthronement due to his Republican sympathies. The former time would have been about the same as John Washington, his neighbor in Virginia and Nathaniel Pope's son-in-law, and hence seems more likely, as in the latter case he probably would have settled farther up the Potomac. There were also Butler ancestor's among Washington's ancestors, although it may not be the same family.

Chronolgy of Maj. Benjamin Berryman's life:
1670, December 7 - Benjamin Berryman Be10 born to John Berriman Be11 and wife ____. (If Benjamin was 21 when he came of age. See Benjamin Berryman vs John Harvey, July 27, 1692) Westmoreland Co.
1679, December 11 - Benjamin's father, John Berryman, writes(?) & signs his will. Northern Neck Land records
1689, November 8 - Benjamin Berryman witness to John Harvey’s purchase of land in Stafford Co. from Francis Dade. Recorded November 9, Stafford Court. (Benjamin 18 yrs. old, if born Dec 7, 1670)
1690/1, January 17 - Benj. Berryman “giveth for his mark, a swallow forke in ye right eare and a nick under ye swallow forke with an underkeele of ye left ear”. Recorded in the Stafford County Court on this date. (Also recorded in Westmoreland Co.?)
1691/2, January 28 - Benjamin Berryman vs. John Harvey as marrying (Jane) the Relict and Administratrix of John Berryman. John Harvey ordered to put Mr. Benjamin Berryman in possession of three full fourths parts of the estate of his deceased father. Mr. Wm. Horton, Mr. Nehemiah Stark & Mr. John Washington are requested to go to the house of Mr. John Harvey on Wednesday next to see the same performed. Westmoreland Court
1691/2. January 29 - Benjamin Berryman on jury. Alexander Webster arrested to answer Andrew Read. Alexr. Webster was to deliver 80 lbs. of salt for value of 800 lbs. tobacco. Jury finds that the defendant shall pay the plaintiff ten bushels of salt and 100 lbs. tob. damages. Following this date Webster & Read reached a private agreement, then later, another suit. Other jury members: Benj. Blanchflower, John Yarp, John Tramell, Boswell Bailey, Patrick Muckleroy, Walter English, John Barton, Robt. Moss, Tho. Crane, Alexander Gordon and Wm. Watkins. Westmoreland Court
Before 1691, June 5 - Benjamin Berryman Be10 marriedSarah Butler Bu10, daughter ofAnn Baynham Ba11 andJohn Butler Bu11. Sarah was the granddaughter ofAnn Baldridge Ba12 andAlexander Baynham Ba12. (In Ann Baynham Butler Webster Bayly’s 1732 will, she names as her grandaughters; Elizabeth Berryman Newton Cox & Ann Berryman Burch Quesenberry Blackwell, who were daughters of Benjamin Berryman & Sarah Berryman.) Married Westmoreland Co.?
1691, June 5 - Sarah Berryman Bu10 witness to (the following) land sale.
1691, October 5 - Benjamin Berryman present with Original Brown at Anne Baynham Butler Webster’s acknowledgement of her right of Dower to 500 acres in Stafford Co. sold to Mr. Wm. Briscoe of Bristol, England, Mariner. (This was land given Anne by her grandmother Dorothy Baldridge on June 8, 1662.) Also present were Alexander Webster (Anne’s second husband) and Caleb Butler (Believed to be Anne’s brother-in-law, "and" half-brother or step-brother through her mother Anne Baldridge Baynham's second husband Thomas Butler). Anne Webster appoints “beloved friend, Capt. John Washington, her Lawful Attorney”. Recorded Oct 7, 1691. Stafford Co.
1692, July 27 - John Harvey ordered to immediately deliver three full fourths of John Berryman’s personal estate (on August 8, 1692). And also all the rents, issues and profits that have accrued by the Mill since Benjamin Berryman came of age December 7, last, & two thirds of the lands whereon his father lived. Westmoreland Court
1692, August 8 - John Harvey to deliver John Berryman’s estate, etc. …(see above)
1692, September 28 - Mr. John Harvey was arrested to answer (Westmoreland Court Clerk) James Westcomb in an act of defamation (in court) regarding certain lands and estate ofJohn Berriman Be11. Harvey did declare these false, feigned, scandalous and opprobrious words: “You doe read and inform the court with a false order for I have seen a copy of an order issued out of the office differing from that in substance” . . . Judgement is granted Westcomb for 500 lbs Sterling (sic, tobacco?). Westmoreland Court
1693/4, January 28 - Benj. Berryman given deed to 400 acres by Mr. William Horton. (This was) John Berryman’s 400 acres (of “forest land” which was) formerly seated by him, also Horton gives 100 acres to John Franklin and by his, (Horton’s) last Will & Test. devising the remainder of the said land (yet) undisposed, to Jane Overhall (Overall) and William Whitehouse. Westmoreland Co.
1693/4, February 28, - Mr. Wm. Horton produced an agreement or covenant in writing made from him to Mr. Benjamin Berryman concerning a parcel of land and acknowledged the same. (the above 400 acres) Westmoreland Court
1694, October 31 - Mr. John Harvey produced . . . three receipts under the hand of Benjamin Berryman and a discharge or release of all further claim to any part of his father’s estate. Westmoreland Court
1695, June 27 - Benjamin Berriman sworn as Grand Juror for the succeeding year. Other Jurors: Benja. Blanchflower, Wm. Hammock, John Gardner, sr., Sam’ll Earle, junr., James Colman, John Hemmore, Jno. Tucker, John Pie, John Cannda, James Paine, Wm. Staford, Tobias Butler, John Jones, Francis Williams, Elias Morris, Samuel Rust and Samuel Bonum. Westmoreland Court
1695/6, February 28 - Benj. Berryman, George Weedon and Sam’ll Thompson to appraise the estate of John Jones. John Jones’ will, Mary Jones, relict, administrator, she was ordered to return a full inventory (of the estate). Westmoreland Co.
1697, March 31 & April 1 - Benjamin Berryman witnesses sale of 60 acres of land from James Neale to Michael Webb of Westmoreland. Part of 400 acres on Upper Machoticke River, next to Benjamin Berryman, from Lord to Neale by (wedding) gift November 28, 1687 - Westmoreland Co.
1699, April 26 - Phillipp Dowling, servant to Benj. Berryman was presented to the Court for judgment of his age …divided opinions …referred to next Court. Westmoreland Court
1699, May 31 - Phillipp Dowling, adjudged 15 years of age, ordered to serve Benj. Berryman according to law. Westmoreland Court
1699, May 31 - Benj. Berryman (was) summoned to appear at April Court to take oath and office of Grand Jurymen (and was) adjourned over to this day and (is) now sworn into office and charged accordingly. Westmoreland Court
1699, October 13 -Mr. Benjamin Berryman and Mr.Nath’l Pope attorneys for Mr. John Pratt of Westmoreland Co. for deciding whether or not Price had unjustly detained Christian Contee (now called John Jonneways) as a servant. Court rules Contee did on his own free will and voluntarily bound himself to Pratt. Pres. Thos Palmer & Martin Campbell. Stafford Court
1700, April 9 - Benj. Berryman acknowledges land sale (with John Harvey!) from William Fitzhugh of Stafford, Gent. …300 acres to Thomas Gilson of Westmoreland Co. …land in Stafford …from Jonas Rivett, jr. son of Jonas Rivett of Stafford, part of G. Dodson’s 1600 acres. (Bounds) south on mouth of Upper Machotick …east on Potomac…NE on a small creek. Stafford Co.
1700, May 29 - Verbal nuncupative Will of Phillipp Thomas. Administration granted to Benja. Berryman and Nat’l Pope, Gent. in the right of their wives (Sarah Butler Berryman & Jane Browne Pope), Legatees to Phillip Thomas. Mr. Richard Craddunck (to deliver) to Benja. Berryman and Nat’l Pope, most of the estate in his possession. Westmoreland Co.
1700, May 29 - Benjamin Berryman, Gent., appointed Surveyor of the Highways for the uppermost precincts of Washington Parish and ordered well and sufficiently to clear all roads within his precinct and amend the same where need requires by making or mending bridges therein. Westmoreland Court
1700, June 26 - William Booth offered to prove a nuncupative Will of Phillip Thomas in reversal of the Will formerly proved by Benja. Berryman and Nath’l Pope, Gent., which upon hearing proved very doubtful and ambiguous. William Booth relinquished his right thereto and the probate to Berryman and Pope is confirmed. Westmoreland Court
1700, June 26 - Judgement is granted Richard Cradunck against Benjamin Berryman and Nath’l. Pope, administrators of Phillipp Thomas for 1520 lbs. tobacco due by account. Westmoreland Court
1700/1, February 22 - Benjamin Berryman leases for 99 years, 260 acres of land from James Neale of MD…Upper Machotick …creekside…part of a (re)patent of 400 acres granted Neale in 1695. Westmoreland Co.
1700/1, March 12 - John Harvey’s Will. I leave (to) my Loving wife Jane (nee? Butler Berryman Harvey) my …Executrix …all my personal estate …in Virginia and England …it is my will that Benjamin Berryman shall not be concerned neither him or his, to any part or parcel of my estate. Date proved, written Dec 5, 1700. Stafford Court
1701, November 18 - B. Berryman presence to Sarah (dau. of Rose Tucker) Fitzhugh’s acceptance of various goods, money, land in England, plate, cattle, sheep hogs, household furniture, etc. in lieu of …pretensions to any of estate of William Fitzhugh. Pres. Clerk John Waugh, Rice Hooe. Stafford Co.
1702/3, February 11 - Benj. Berryman presence when Nathaniel Pope, a Practioner in Law and an attorney of Westmoreland Co., is named attorney for Nicholas Brent. Stafford Co.
1702, November 25 - Sarah Berryman, wife of Capt. Benjamin Berryman, willed 3 half crown pieces by William Booth who names “his good friend Alexr. Webster” as overseer of his estate. Date proved. Westmoreland Co.
1702, November 27 - Benjamin Berryman, Gent. is appointed Surveyor of the Highways for uppermost precincts of Washington Parish viz. From the Ashen Swamp to Jordan’s Bridge and from Sharp’s Bridge downwards, all the usual roads within that precinct. It is ordered that he cause all the roads to be cleared from all logs or trees fallen and lying in or cross the same and also to cause all bridges within the same to be well and sufficiently repaired and amended and new bridges made where necessity shall require. And it is further ordered that the Vestry of the parish do appoint the workmen to help in clearing the roads and amending the bridges. George Weedon, Gent. is appointed surveyor for that precinct of Washington Parish where Mr. Benja. Berryman’s precinct doth end and all the roads as low as Washington Mill. (Rosier’s Creek)

1702/3, March 2 - (It was) recommended by the Justices that Benj. Berryman be then recommended to be added to the Commission. Westmoreland Court

1703, March 31 - Benja. Berryman and Nathaniel Pope witnesses to Samuel Reeds’ Will, (land division) sons William Reed and John Reeds. Westmoreland Co.

1703, April 26 - Benjamin Berryman (administers) commisson(s) to Francis Wright, Alexander Spence, Willoughby Newton, Lewis Markham, Charles Ashton, Henry Ashton, Caleb Butler, John Sturman, Gerrard Hutt, George Weedon, John Elliot, Andrew Monroe, John Bushrod and Burdet Ashton, Gents. as Justices of Westmoreland County. Fra. Nicholson, (Clerk?) Dedimus for administering the oaths.

1703, May 26 - Benjamin Berryman and Gerrard Hutt, Gent. administers the oaths to Francis Wright and Lewis Markham, Gent., who (in turn) administered the oaths (to the rest of the above named).

1703, May 26 - Benj. Berryman, Gent. and Henry Ashton assuming to be securities with Burdit Ashton, Gent., Sheriff. Westmoreland Co.

1703, May 27 - Benjamin Berryman present in Westmoreland Court - Justice.

1703, June 17 - Benj. Berryman - Captain, Her Majesty’s Colony and dominion of Virginia. Westmoreland

1703, June 30 - Benj. Berryman and Charles Ashton assumed a 20,000 lb. tobacco bond for performance (of) Ann Foster, relict of Robert Foster, appearance in Probate Court. Westmoreland Court

1703, September 29 - Benjamin Berryman present in Westmoreland Court - Justice.

1703, September 30 - Benjamin Berryman present in Westmoreland Court - Justice.

1703, October 28 - Benj. Berryman witnesses (twice) Elizabeth Hart & Margaret Hart, jr’s estate division of their deceased father Mr. Edward Hart. Includes (to Eliza.) 1 case of pistols & holsters, household utensils, beds & coverings, 1 sword, 1 bayonet, cattle, material, 333 (lbs) tobacco. (to Margt.) utensils, pots & pans, cattle, horse, 2 male servants with 6 yrs. to serve, material, three thousand 8d nails, 333 lbs. tobacco. Also signed by George Weedon, Thos. Weedon & Charles Ellis. Stafford Co.

1703, December 29 - Benjamin Berryman Justice in Westmoreland Court. Issued cert. for 340 acres of land to Wm. Cohoreen.

1703, December 30 - Benjamin Berryman Justice in Westmoreland Court. Issued cert. for 200 acres of land to George Weedon, Gent.

1703, December 30 - Benjamin Berryman Justice in Westmoreland Court. Issued cert. for 350 acres of land to George John Elliott, Gent.

1703, December 30 - Benjamin Berryman Justice in Westmoreland Court. Issued cert. for 200 acres of land to Caleb Butler, Gent.

1703, December 30 - Benjamin Berryman Justice in Westmoreland Court. Issued cert. for 150 acres of land to Edward Barrow, Gent.

1703/4, January 13 - At a Court of Oyer and Terminer at the Westmoreland Courthouse. Justices present: Alexr. Spence, Charles Ashton, Henry Ashton, Caleb Butler, John Sturman, Benj. Berryman, John Elliott, Andrew Munro, John Bushrod. (As per) an Act for the more speedy procecution of slaves committing capital crimes. Negro Tom, having been found guilty …by a commission dated, 8 Dec. 1703, …(for being present when) John Moore a late servant of James Orchard …(Moore) did, with a falling axe, of the value of one shilling sterling …make one blow …on the hinder part of his head …and one other mortal wound …on the breast bone …instantly (Orchard) fell to the ground …and there immediately died. For which (crime) John Moore having been tried, convicted and had judgement according to the law ... Tom aiding, assisting, consenting, agreeing and helping …did conceal and keep private …for …three days from 22 July until 25th day of said month …contrary to the faith and honour he ought to bear to his master. …it is ordered that the Sheriff tomorrow morning by twelve of the clock take the Negro Tom and convey him to the place of execution and hang or cause Tom to be hanged by the neck ‘till he is dead.

1703/4, January 13 - Benja. Berryman takes oath of Justice, Westmoreland County.

1703/4, February 23 - Benjamin Berryman, Francis Wright, Alexr. Spence, Lewis Markham, Charles Ashton, Henry Ashton, Caleb Butler, Andrew Monro, John Bushrod, Gent., Justices of the Peace. Col. Rice Hooe . . . petition(s) to build a water grist mill at and upon the head of the Upper Machotique Creek. . . . (Hooe wants) an acre of land on this (Westmoreland) side belonging to Mr. Francis Thorn and Anne, his wife, which is granted . . . (Court) ordered Capt. Charles Ashton and Mr. Daniel Field do lay out and value the same. Westmoreland Court

1703/4, February 23 - Capt. Benj. Berryman - Land Certificate Granted - “in open court by an act of ass’bly a certificate is granted to Benjamin Berryman for 200 acres of land by President Francis Wright …an unclaimed 4 person headright”. (Washington Ancestors, Vol.1) Westmoreland Court

1704, April 25 - Benj. Berryman attorney for George Downing and wife Ann in sale of land to John Baker. Westmoreland Co.

1704, May 13 - Benja. Berryman takes oath of Justice, Westmoreland County.

1704, May 31 - Benjamin Berryman present in Westmoreland Court - Justice.

1704, May 31 - James Neale of Maryland acknowledges lease of land to Benja. Berryman.

1704, July 26 - Benjamin Berryman present in Westmoreland Court - Justice.

1704, July 27 - Benjamin Berryman present in Westmoreland Court - Justice.

1704, August 31 - Benjamin Berryman present in Westmoreland Court - Justice.

1704, September 25 - Benja. Berryman witness (to) Margaret (nee Field) Hart of Stafford, widow of Mr. Edward Hart, to her child, Margaret Hart, jr., 350 acres now in the tenure & occupation of Jane Overall, at the head of upper Merchotic (Machodoc) Cr. in Washington Parish. Westmoreland Co.

1704, September 26 - Benjamin Berryman witness (to) Margaret Hart, to her child Elizabeth Hart, 229 acres called the “Quarter” plantation. Head of Upper Machotick in Washington Parish. Westmoreland Co.

1704, September 27 - Benjamin Berryman present in Westmoreland Court - Justice.

1704, September 12 & 13 - Benj. Berryman named in a letter of attorney by George McCaines of Lancaster, Co., Kingdom of England, (as an) Agent to Mr. Robt. Lawson & Co. Merchants. Presence: Richard Foote & Henry Conner. Stafford Co.

1704, November 8 - Benj. Berryman attorney for Col. George Mason. Berryman made motion to record this bond. Stafford Court

1704/5, January 13 - Benja. Berryman at Court of Oyer and Terminer at Westmoreland Courthouse.

1704/5, February 1 - Benj. Berryman to appraise estate of George Thorn, (whose wife is) Frances. Westmoreland Co.

1704/5, February 27 - Benja. Berryman, Tho. Weedon & Jno. Washington inventory (per) order of January 31, 1704/5 for George Thorne, Senr. Sworn by Frances Thorn February 28. Westmoreland Co.

1704/5, February 28 - Benjamin Berryman present in Westmoreland Court - Justice.

1704/5, March 1 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, March 20 - Benjamin Berryman & William Grace witness James Phillip of St. Mary's Parish in Richmond Co.'s acknowledgment of 100 lbs. Sterling debt to Mr. John Shropshire of Westmoreland Co. Richmond Co. Deeds

1705, March 28 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, April 21 & 25 - Benja. Berryman ”their good & trusty friend” depute (named) attorney by George and Ann Downing to acknowledge sale of 200 acres to John Baker. Land purchased (previously) from Robert Alexander. Recorded May 4, 1705. Westmoreland Co.

1705, April 25 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, April 26 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, April 27 - Benjamin Berryman and Willoughby Allerton, Justices in Westmoreland Court. (They are told) of Mary Carter’s malitiously and scandalously abusing the Court by uttering, speaking and publishing many false, scandalous, malitious and offrontive words and speaches . . .lessening the reputation and esteem of Her Majesties Justices. She was fined 10 lbs. Sterling or 2000 lbs. tobacco

1705, May 4 - Benja. Berryman signs agreement to 400 acres (see Jan 28, 1693/4) gives Thomas Thompson P.O.A. (letter of attorney) Recorded on May 30. Westmoreland Co.

1705, May 30 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, May 30 - Benj. Berryman appointed to take the list of tythables for the upper precinct of Washington Parish for this present year. Westmoreland Court

1705, May 31 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, August 29 - Benjamin Berryman present in Westmoreland Court - Justice.

1705, August 30 - Benjamin Berryman present in Westmoreland Court - Justice.

1705/6, March 10 - Benj. Berryman presence with Nathaniel Pope (when) Richard Hatfield, a servant, is indentured to Burr. Harrison. Stafford Court

1706, April 10 - Benj. Berryman named Attorney for Bristol, England, Merchants, to receive accounts due from Phillip Alexander’s estate. Stafford Court

1706, November 8 - County Levy to be paid to Benja. Berryman, Gent. per two wolves heads assigned him: 400 lbs. tobacco. Westmoreland Co.
1707, March 26 - Benjamin Berryman present at Westmoreland Court. Also present, Francis Wright Charles Ashton, Lewis Markham, Caleb Butler, John Sturman, John Elliott, Andrew Monroe, John Bushrod and George Eskridge, Gentlemen Justices.
1707, (Sept 24?) - Benjamin Berryman, Gent. for said service (for his (care?) about the new courthouse) per John Sturman’s act 1500 lbs of tobacco. Benjamin’s 1000 lbs of tobacco (?). Westmoreland Co.
1707/8, February 10 - Capt. Benjamin Berryman on behalf of Rice Hooe. (see below) Stafford Court
1707/8, February 11- Capt. Benjamin Berryman on behalf of Rice Hooe, Gent. Hooe relinquishes one half (a tract of) land in Stafford to Thomas Gilson, Jr. (Rice Hooe & Thomas Gilson, Sr. were partners with right of survivorship). The said land was where Thomas Gilson, Sr. settled David Lewis. Thomas Derrick is reserved the other half part. Also present on the 10 th, Jos. Sumner, Jr. Stafford Court
1707/8, February 25 - Capt. Benja. Berryman swears before him, appraisers of Wm. Cohoren (estate), Dan’l Field, Benja. Weedon & David Brown. (Date appraisal returned.) Westmoreland Co.
1708 - Benjamin Berryman named Commissioner of Peace for Westmoreland Co.
1708, April 6 - B. Berryman presence to indenture between William Robinson of Richmond (Co.?) & Danl. McKarty of Westmoreland Co. Also present William Breton & Paul Micou. Stafford (Court?)
1708, April 13 - Benj. Berryman offered . . . one lot or half acre of land in (the new) Marlbro Town. Recorded April 14, 1708 Stafford Court
1708, April 14 - Benj. Berryman presence to William Robinson land sale to Daniel McKarty. Stafford Court
1708, May 26 - Benja. Berryman and Francis Smith witness to John Spencer, Gent. Spencer authorizes . . . Nath’l Pope (as) my attorney for sale (of) 200 acres to Joseph Taylor. The land in Cople parish nigh King Copsco. Westmoreland Co.
1708, September 29 - Benj. Berryman present at Westmoreland Court. Also present, Francis Wright Charles Ashton, Lewis Markham, Caleb Butler, John Bushrod, and George Eskridge, Gentlemen Justices.
1708, October 18 - Stephen Thompson, Esq. Attorney General of Virginia desires Benjamin Berryman “in behalf of the Queen, to prosecute in Stafford County, Mr. John Pratt, the Younger, who since being bound to the Queen for 500 lbs. Sterling, for his good behaviour, has made several breaches of the peace”. “This shall be your warrant, besides, it will be an obligation to ye aforesd Friend and servt.” (signed) S. Thompson. (This) P.O.A. from S. Thompson to Benjamin Berryman ordered recorded and is recorded the 12th day of January 1708/9. Stafford Co. Court
1708/9, February 21 - Benja. Berryman swears before him appraisers for estate of William Rush, deced., Elizabeth Rush, relict. Appr.: Thomas Weedon, John Bernard & Thomas Butler. Westmoreland Co.
1708/9, March 8 & 9 - Benj. Berryman attests to delivery of land from Richard Ayliff of Stafford, Planter, to William Fitzhugh, 200 acres where Richard Ayliff now liveth, purchased from Robert (Howson?) Stafford Co.
1708/9, March 21 -Appraisers estate of Manuel Ham sworn before Benj. Berryman. (also present) Stephen Latham, Hugh Lannady, Jno. Thomas and Sarah Ham. Westmoreland Court
1712, June 12 - Benjamin Berryman, Gentleman Justice for Westmoreland Co. with Henry Ashton.
1712, June 25 - Benj. Berryman, Joseph Bayly and other Gentl. Justices at Westmoreland Court.
1713, June 24 - Inventory of John Jones sworn before Benjamin Berryman at Westmoreland Court.
1713 (?) - To paid: Major Benja. Berryman for Elizabeth (Berryman?) Newton’s (Bill?) From the account of administration of [1] Benjamin Newton’s Will. VA History Mag. - Newton Genealogy.
1714 - Benja. Berryman, Justice of Peace of Westmoreland Co.
1715, April 25 - Benja. Berryman, Sheriff of Westmoreland Co.
1715, June 3 - Benjamin Berryman one of six Justices present. Robert Alworthy on trial for “Supition of his, the said Alworthy’s, feloniously stealing a Pulpitt Cloath out of the church in Appamattox in Washington Parish …and making it into a pair of britches”. (Court) ordered conveyed (the) “said Robert Alworthy to the Publique Goal at the City of Williamsburg in order to his tryall for the said Crime”. Wm. & Mary & Westmoreland Co. Orders. Westmoreland Court
1716/17, January 22 - James Berryman born to Benjamin & Elizabeth Berryman. (Dishman Family Bible Record.) Westmoreland Co.
1717/18, March 5 - Capt. Benj. Berryman of Westmoreland Co. granted 663 acres near a place called the Marsh (Marsh Run). Surveyed by Capt. Edwd. Barrow. (This land was willed to Benjamin’s son, Maximillian Berryman and is near Warrenton & Bealton, Fauquier Co.) Northern Neck Land Grants
1719 - Benja. Berryman - Sheriff of Westmoreland Co. Appointed by Gov. Alex. Spotswood.
1720/21, February 20 - Benja. Berryman at Westmoreland County Court, took Oath as Justice in
Queen Anne’s Reign with Augustine Washington and later ordered “the Court be adjourned ‘till tomorrow morning at eight of the clock”.
1720/21, February 22 - Benja. Berryman adjourned Court, “until eight of the clock”, the following day.
1720/21, February 23 - Westmoreland Court adjourned until the last Wednesday in March, next. (March 2?, 1720/21, Court sessions held a month apart?)
1720/21, March 1 - Paid to Major Benjamin Berryman, a lawyers fee of 1. 19. 0 (1 lb. 19 shillings from) the estate of Mr. Thomas Fitzhugh, decd. On (the) oath of Henry Fitzhugh, Gent. Recorded date. Richmond Co
1722, April 20 - Dorothy Spiller’s Will written. She gives “my little companion, William Berryman” most of her estate, leaving it in the care of Benjamin Berryman, William’s father. Mentions her good friend Elizabeth Berryman (Benjamin’s wife) and grandchildren Verlinda, Jane & John (Spiller?). Will proved November 1722. Westmoreland Co.
1723/4, January 13 - Benjamin Berryman leases (buys) 57 ½ acres from John Overall, grandson of Jane Overall. (This land was willed to Jane Overall by Wm. Horton & was adjacent to John Berryman’s “forest land” and the 57 ½ acres of John Whitehouse.) Westmoreland Co
1723/4, January 15 - John Overhall sells Benja. Berryman above land for 20 lb. Sterling. Was supposedly 100 acres found to contain only 57 ½ acres. Wit. Orlando Payne, Beheathland Berryman & David McGill Westmoreland Co.
1724, April 8 - Benjamin Berryman, Gent. acknowledges land sale w/power of attorney from Prior Smallwood unto George Mason, Gent. for 3000 lb. Tobacco and w/power of attorney, acknowledges Elizabeth Smallwood’s release of dower to the 200 acres of land on “Cockpit Point”. Present: Wm. Taliaferro, Rich’d Hubbard. Stafford Court
1724, May 13 - Benjamin & Elizabeth Berryman present at Elizabeth’s release (of her dower) for 5 shillings, 1/3 of (deceased first husband) Thomas Gilson’s 850 acres of land on the Mouth of Upper Machotick Creek, to Behethland Berryman (her stepdaughter), Thomas Gilson’s only daughter and heir at law. (Behethland was the widow of John Berryman, Benjamin’s first son named John by his first wife, Sarah Butler Berryman). Present: G. Turberville & Geo. Brent. Stafford Court
1724, May 22 -Behethland Gilson Berryman to deliver 14 Negroes to Benjamin Berryman for 100 pounds Sterling. Indenture date. Stafford Co.
1724, May 27 - Benjamin Berryman makes mocon (motion, that above) land sale of January 13, 1724 be recorded. Westmoreland Court
1724, June 4 - Behethland Berryman acknowledges above indenture in Stafford Court. This was part of the estate settlement of Thomas Gilson, Sr., her father. Behethland states she is his only daughter and surviving heir. (Her brother, Thomas Gilson, Jr., died after 1707 & before above date.)
1724, June 8 - John Overall & Mary his wife convey land to Benjamin Berryman and “at the instance of the sd. Berryman is admitted to Record”. Test. Tho: Sorrell, Cl. Westmoreland Court
1725/6, February 11 - Behethland Berryman delivers 15 Negroes to Benjamin & Elizabeth Berryman per indenture dated May 22, 1724. Acknowledged by Behethland in Stafford Co. Court, April 13, 1726. Stafford Co.
1726, June 10 - Rose Berryman, (Benjamin & Elizabeth Berryman’s daughter) marries Capt. Richard Taliaferro. (Custom was that the bride marry at her parents home.) Westmoreland Co.
1726 - Benjamin Berryman, Coroner (1 of 3) & Justice of the Peace (1 of 11) Westmoreland Co.
1728, May 14 - Benjamin Berryman (re: Sept 25th land from Anthony Thornton.) Westmoreland Co.
1728, May 30 - Benja. Berryman indenture to Benja Berryman, junr. (re: June 7, 1728 land.) Westmoreland Co.
1728, June 6 - Benjamin Berryman (re: Sept 25th land from Anthony Thornton.) Westmoreland Co.
1728, June 7 - Benj. Berryman of the parish of Washington, Westmoreland Co. a transfer of a Grant and Release of the Reversion & Inheritance to Benj. Berryman, junr. of the parish of Hanover, King George Co. 200 acres, part of 400 acres adjacent the Rappa. River and Thomas Grigsby. Escheated by Benj. Berryman from Jacob Daniel, John Farmer & Samuel Dudley by 3 patents totaling 400 acres all dated December 15, 1710 from the Proprietors Office. Adjoining upon 350 acres of land now in the Tenure and Occupation of the said Benja. Berryman, junr. Wit. Thomas Sharpe & Evan Price King George Co. Court
1728, June 12 - Benja. Berryman, (jr.?) presence to Dennis McCarty, Charles Broadwater & Elias Hore of Stafford Co., bound . . . 1000 lbs Sterling money of Great Britain . . . Dennis McCarty - Sheriff: others presence: Catesby Cocke & afsd. Stafford Co.
1728, Sept. 25 - Benjamin Berryman bought 150 acres of land from Anthony Thornton, the land in Westmoreland Co…at Ivy Point…on a line parallel (to) 150 acres that was formerly Giles land. Westmoreland Co.
1728, Sept. 28 - Tract of land conveyed from Thomas Stonehouse to Major Berryman and by Major Berryman to John Shotwell, sr. The land was granted to Stonehouse, October 17, 1667 and was on the Beaver Dam Run, a branch of the Hughes River in Culpepper Co.
1729 - Benjamin Berryman, Coroner (1 of 3) & Justice of the Peace (1 of 15) Westmoreland Co.
1729, May 13 - Benjamin Berryman (writes?), Witnesses and Signs his Will. Westmoreland Co.
1729, May 29 - Benj. Berryman, Gent. (Court Justice) on motion of his Daughter Ann Berryman Burch (who) made oath before the Court that her decd. husband John Burch departed …(intestate) …Ann gives security and is granted administration. Ordered that John Marshall, John Piper, Original Brown and Abraham Blagg, or any three of them are to value and appraise (Burch’s) estate and report to …the next Court. Westmoreland Court
1729, August 4 - Benjamin Berryman (writes &?) Signs a Codicil to his Will. Westmoreland Co.
1729, August 27 - Benjamin Berryman’s Will admitted to Record. Westmoreland Co. Court
1729, August 28 - Benjamin Berryman’s Will Recorded. Westmoreland Co. Court

John NEWTON and ROSE

John NEWTON was born 1639 in Yorkshire, England, the son of Thomas NEWTON. He was first married to Joan BARR.

The only child to live to maturity of this marriage was:

John II, NEWTON, born circa 1657; died before 1697; married Mary ALLERTON, daughter of Isaac ALLERTON and Elizabeth WILLOUGHBY OVERZEE COLCLOUGH.
According to the deposition of John's daughter Elizabeth, he had a child by a second wife:

Joseph, NEWTON, born 1666, married Sarah PRICE BUTLER, widow.
John was married to Elizabeth Laycocke and they were the parents of:

Benjamin NEWTON, born 1669, died 1710; married Mary GRIGSBY.
After the death of Elizabeth, John emigrated to the colonies where he married Rose. We do not know the maiden name of Rose but she was married first to John TUCKER. Rose and John TUCKER had four known children:

Sarah TUCKER, born 2 August 1663, married William FITZHUGH.
Rose TUCKER, married Ebenezer BLACKISTONE
John TUCKER
Gerrard TUCKER (born after his father died)
Rose later married Dr Thomas GERRARD. There were no known children of this marriage although Gerrard TUCKER was born after their marriage.

Children of John NEWTON and Rose (--?--) were as follows:

Gerrard Tucker NEWTON, born abt 1671; died before 1706; married Rebecca BLACKISTON.
Ne9-1. Thomas NEWTON, born 1678; married Elizabeth STORKE.
Ne9. Elizabeth NEWTON, born 1685; died 1763, Westomoreland Co, VA; married 1. Thomas GILSON; 2. Benjamin BERRYMAN
John Newton died before 1697 and Rose died before 1712/13.

John NEWTON, II and Mary ALLERTON

John NEWTON II was born about 1657 and resided most of his life in Stafford County, VA. He was married to Mary ALLERTON, the daughter of Isaac ALLERTON and Elizabeth WILLOUGHBY OVERZEE COLCLOUGH.

Children of this marriage are:

William, born about 1686, Westmoreland Co, VA; died 1722; married 1. Barbara Johnson, daughter of James JohnSON and Elizabeth; 2. Elizabeth BERRYMAN, daughter of Benjamin BERRYMAN and his first wife.
Allerton, died after 1702.

Sources of Information
Adventurers of Purse and Person VIRGINIA 1607-1624/25, Revised and Edited by Virginia M. Meyer (1974-1981), John Frederick Dorman, F.A.S.G. (1981-1987), Published by Order of First Families of Virginia, 1607-1624/25, third edition, 1987
Virginia Historical Magazine - Early Generations of the Newton Family of Westmoreland County Virginia, by Charles F. Cochran, Washington, DC - Vol 36, pp 293-302; Vol 37, pp 87-91; Vol 38, pp 179-184; Vol 39, pp 283-288.
Virginia Historical Magazine - Notes to Council Journals (4) Newton Family including the Depositions of Benjamin Newton and Elizabeth Newton; Vol 33, pp 299-302; Vol 34, 393-394.
GenForum - Post of Gregory Michael Newton, 7 Jan 1999.
Marvin Berryman, Emma Barrett Reeves

Be10 Capt. Benjamin BERRYMAN
7 Dec 1669 - BEF 27 Aug 1729
ID Number: I34052
OCCUPATION: tobacco farmer; Capt. in Militia; Justice in 1712
RESIDENCE: Westmoreland Co. VA
BIRTH: 7 Dec 1669, Westmoreland Co. VA
DEATH: BEF 27 Aug 1729, Westmoreland Co. VA [170617]
RESOURCES: See: [S613] [S1956] [S3092]
Father: John BERRYMAN "the Immigrant"
Mother: Jane BALDRIDGE
Family 1 : Sarah BUTLER
MARRIAGE: 1689
John BERRYMAN
Benjamin BERRYMAN
Anne BERRYMAN
+Elizabeth BERRYMAN
Family 2 : Elizabeth NEWTON
MARRIAGE: ABT 1708, Washington Parish, Westmoreland Co. VA
+Rose Anne BERRYMAN
Be9. Frances BERRYMAN
Benjamin BERRYMAN
Newton BERRYMAN
Henry BERRYMAN
Maxmillian BERRYMAN
James BERRYMAN
Ann BERRYMAN
Sarah BERRYMAN
Catherine "Kate" BERRYMAN
Notes

perhaps this Benjamin married 1st a Sarah ? and had a dau Elizabeth b abt 1702.

Mary Smith married (2) Samuel Reeds and, when her son William Reeds bought his brother John's interest in their father's land in 1703, Benjamin Berryman (son-in-law of Rose Tucker Gerard Newton) witnessed the deed.
From: Virginia Genealogies and Biographies 1500s-1900s
Colonial Virginians and Maryland Relatives, William Gerard Tucker, Page 51

John BERRYMAN "the Immigrant"
12 Oct 1617 - 1679
ID Number: I82779
RESIDENCE: England and by 1654 Westmoreland Co. VA
BIRTH: 12 Oct 1617, Upcott, Devonshire, England
DEATH: 1679, Westmoreland Co. Virginia
BURIAL: on the Berryman "Ivy Point / White Hall" property
RESOURCES: See: LDS K35S-95 [S3092]
Family 1 : Jane BALDRIDGE daughter of James Baldridge RESIDENCE: St. Mary's Co. MD and 1651 Westmoreland Co. VA, BIRTH: ABT 1600 DEATH: 1659, Westmoreland Co. Virginia

MARRIAGE: BEF 1659, Virginia
Daniel BERRYMAN
John BERRYMAN
+Benjamin BERRYMAN
Notes

CONFLICTS in parents and wives, Children.
Father: John II BERRYMAN b. 1585 in England
Mother: Elizabeth FULFORD b. 1586 in England
Father: DANIEL BERRYMAN b: in Devonshire, England
Mother: ELNOR SLEE b: in Devonshire, England
Marriage 1 ELIZABETH ? Married: 1665
Marriage 2 Jane Bayham BALDRIDGE b: ABT 1630 Married: 1678
LDS Miss Tucker (Wife) b. About 1652 in Of, Westmoreland, Va Marriage: ABT 1655 in Of, Westmoreland, Va
m. Jane TUCKER (Wife) b. About. 1647 in Westmoreland, Va
Another shows Benjamin as a son of John IV m. to Jane Tucker and a son of John III b 1617.

Mary Love Berryman notes that John Berryman/Berreman came to Virginia as a headright of Major Miles Carey of Westmoreland Co, VA by 1654. John's first wife and the mother of his children died around 1677/78. The only surviving child of this marriage was Benjamin, born 7 Dec 1670, died 1729, VA; married 1. Sarah, 2. Elizabeth NEWTON

John was a farmer and raised tobacco. He apparently owned and operated a mill located near the head of the Upper Machodoc Creek in Westmoreland County, VA. He married Jane BUTLER, the widow of Thomas BUTLER, in 1678. There were no children by this marriage. Jane married John Harvey before Benjamin came of age.

Part of the inventory account of John's estate included burial charges for "Mr Berriman and two sons." John and his sons must have died about the same time in 1679/1680 in Westmoreland County, VA.

John BERRYMAN was born in England and may have been the grandson of John BERYMAN or BERRI of Berri, County Devon, England, or he may have been the son of Daniel BERRYMAN and wife Elizabeth SPARROWE. Perhaps, too, his first wife's name was Elnor SLEE.

The will of John ELBRIDGE of St. Peters within the city of Bristol, England, written September 11, 1646, calls John BERRIMAN a merchant. John came from England to Accomack County, Virginia, in 1654, brought over by Major Miles CAREY. According to one source, he married Jane TUCKER about 1650. [COMMENT-4] Her first name could have been Rose rather than Jane, the Jane having been added because of confusion with the second wife's name of Jane BALDRIDGE. There was a Rose TUCKER who married a John BERRYMAN. She was the daughter of John TUCKER and wife Rose ALLERTON(?)
[COMMENT-5] and was a minor at her father's death in 1671. There seem to have been two John BERRYMAN's in the area at the time, and this marriage seems improbable.

On March 5, 1656, John BERRYMAN was deeded property in York County, Virginia, from Owen MORRIS, and on October 5, 1663, he deeded it back to Owen MORRIS. On October 14, 1670, he and William HORTON and John PALMER acquired 400 acres in joint tenancy in Westmoreland County, Virginia, which he gave to his son Benjamin by will dated December 11, 1679.

John BERRYMAN died in 1680 either before his son Benjamin was born or within a few months of his birth. His son Benjamin is the subject of the following section.
1) Benjamin Berryman, b. 7 December 1670 in Westmoreland County, Virginia, m. Elizabeth ? bet. 1707-08 in Westmoreland County, d. bet. 4-27 August 1729 in Westmoreland County;
2) John Berryman, b. abt. 1617 d
perhaps two other wives during his life (perhaps an Elizabeth and perhaps Jane Baldridge, both in America), d. bef. 28 April 1680 in Westmoreland County;
3) Daniell Berryman, b. in Tiverton, m. 26 July 1605 in Tiverton to Elizabeth Sparrowe;
4) Daniell Berryman, b. in Barnstaple, Devon, England.
According to the McNabb family website
(http://home.att.net/~altgray/home.htm)
John Berryman's ancestors were as follows:

Father: John Berryman Born before 1585 Married 1605 John was AKA John De Berrie.
Mother: Elizabeth Fulford Born before Before 1585; Father: Thomas Fulford born bef 1585 married before 1584 Mother: Unknown born abt 1565

Father: John Berryman Born before 1565 married before 1584 John was AKA John Berri.
Mother: Eleanor Dare Born before 1565 Eleanor was born in Upcott

Sarah BUTLER
1672 - 1707
ID Number: I72766
RESIDENCE: Westmoreland Co. VA
BIRTH: 1672
DEATH: 1707, Westmoreland Co. Virginia
RESOURCES: See: [S1956] [S3092]
Father: John BUTLER
Mother: Anne BAYNHAM
Family 1 : Benjamin BERRYMAN
MARRIAGE: 1689
John BERRYMAN
Benjamin BERRYMAN
Anne BERRYMAN
+Elizabeth BERRYMAN

John BUTLER
ABT 1650 - ____
ID Number: I82772
RESIDENCE: Westmoreland Co. VA
BIRTH: ABT 1650
DEATH: Westmoreland Co. Virginia
RESOURCES: See: [S3092]
Family 1 : Anne BAYNHAM
MARRIAGE: Westmoreland Co. Virginia
+Sarah BUTLER
Sources

Anne BAYNHAM
ABT 1650 - ____
ID Number: I82773
RESIDENCE: Westmoreland Co. VA
BIRTH: ABT 1650
DEATH: Westmoreland Co. Virginia
RESOURCES: See: [S3092]
Father: Alexander BAYNHAM
Mother: Anne BALDRIDGE
Family 1 : John BUTLER
MARRIAGE: Westmoreland Co. Virginia
+Sarah BUTLER

p. 357. By thisPublick instrument of procuration or letter of Attorney be it Knowne and manifest unto all those who Shall See these presents or have the Same read that On the One and twentith day of the month of February Anno Dom 1673 and in the Six and twentith yeare of the Reigne of Our Soveraigne Lord Charles the Second by the Grace of God King of England Scotland France and Ireland Defendour of the faith &c. Before me Nicholas Hayward Notary and Tabellion publique dwelling in London by Authority of his Said Maj’tie admitted and Sworne and in the presence of the witnesses hereafter named personally appeared Mr. Robert Webb of the Middle Temple Gent, executor of the last will and Testament of Daniel Kelway deceased in his life time Citizen and Girdler of London who hath made Ordained and constituted as by these presents in his Stead and place he doth make ordaine and Constitute Robert Taverner and John Broome of London Merchants his true and lawfull Attorney and Attornyes Giveing and by these p’sents Granting unto his said Attorney and Attorneyes joyntly or to either of them Severally full power and lawfull authority for him constituant and in his name and to his Use in the quality aforesaid to aske demand Sue for levy recover and receive of Thomas Stanly of Maryland merchant of the heirs executors or administrators of late of George Harris in his life time of Virginia and of John Fordsham or of any other person or persons whatsoever who were Debtors unto the Said late Daniel Kelway at the time of his decease or of their Severall Goods effects plantations Chattells and estate whatsoever wherever he they every or any of them are or shall be found either in Maryland or Virginia all Such Sume or Sumes of mony tobaccoes goods wares Merchandises or the proceeds thereof which any person or persons whatsoever are oweing and indebted or have in their or any of their custody or possession due belonging or appurteining unto the said late Daniel Kelway at the time of his decease and now of right belonging unto the Said Robert Webb the Constituant in the quality aforesaid Be it by bond bill booke account reckoning proceeds or goods Sent from hence or otherwise for what cause or reason whatsoever Also to demand and require an accompt of the Said Thomas Stanley of all Trade dealeings and concernes betwixt him and the the Said deceased and the Same accompts with the said Stanley or any othr person to Settle adjust and agree & to take and receive what Tobaccoes Goods debts or other things shall belong to the estate of the Said deceased by the ballance of the Said accompts upon recoveryes and receipts to give and acquittances releases and discharges in due form And if need by appear before all Lords judges and justice in any Court or Courts there to answer defend and reply in all matters and causes touching or concerning the premisses to doe Say Sue pursue implead arrest Seize Sequester attach imprison and to condemne and Out of prison againe to deliver And also the Said Constituant in the yeare aforesaid doth by these presents authorize and impower his said Attorneys or either of them not only to recover and take into their possession all tobacco goods debts and all other thinges any wise due or oweing unto the Said late deceased Daniel Kelway But also to act manage and performe all affaires and concernes whatever touching or anywise relating to the estate of the Said deceased And Generally to use all lawfull wayes and meanes for the recovery thereof either by Suite of law or otherwise as fully and amply to all intents and purposes as he Constituant himselfe might or could doe if he were personally present with power to Subsitute One or more Attorneys and the Same againe to revoake the Constituent in the quality aforesaid promiseing to hold for firme and valid all and whatsoever the said Robt. Taverner and John Broome or either of them joyntly or Severally or their or either of their Substitutes shall lawfully doe or cause to be done in and about the premisses by virtue of these presents In witness whereof the Said Constituant hath Signed Sealed and delivered these presents This done and passed in London in presence of the persons underwritten witnesses thereunto required - Rob: Webb (Sealed)

Sealed and delivered in pr’sence of

Arthur Donvile

Tho: Philip Nicholas Hayward, Notary and Tabellion Publique

EARLY DAYS. TI

Family tradition also claims connection with Antoine
Papillon, joint Almoner with Michel d'Arande to Mar-
guerite d'Angoul^me, the pious sister of Francis I., under
whose protection he and others did much to promote the
Reformation in Lyonnais and Dauphind, and at whose
instance her brother appointed him Maitre de Requites to
the Dauphin. But on the captivity of Francis, Marguerite
soon lost all influence. Antoine Papillon was exiled, and
not long after found dead, as was supposed from poison.
At the suggestion of his friend the Dominican friar, Aimet
Maigret, he had translated into French Luther's work on
"Monastic Vows." * He was also a friend of Erasmus.

Antoine Papillon's position at Court seems to favour this tradition, but it is not supported by a letter from David Papillon, only son of Thomas, the famous lawyer, who speaks of the victim of the Massacre as the first of the family who embraced "the true religion."

Thomas Papillon, the subject of these Memoirs, was born at Roehampton House, Putney, on 6th September, 1623. He was the fifth child of his father's second family, and the seventh of the two families combined. As a boy, he was sent with his two elder brothers, Philip and George, to a school of good repute at Drayton, Northamptonshire ; and, by his father's will, executed in 163S, ;^5o a year was bequeathed for the education of the three sons — ;^20 each for the two elder — who were designed for a University career and the ministry — and ;£'io for Thomas ; and, on the latter being apprenticed to a merchant, for which purpose and for his general use, ;^SOo was bequeathed, the whole £^0 a year was

* "Italy and France in the Olden Time." by J. C. Colquhoun: London, 1858. A charming book. — Also, "Histoire de la France Protestante," par les frferes Haag: Paris, 1860,

12 THOMAS PAPILLON,

to be applied to his brothers, "and no more, FOR THAT
IS SUFFICIENT."

Philip Papillon was born on ist January, 1620. While at school he showed much aptitude in Latin prose and verse, and several M.SS. of such remain in the family. In September, 1634, he entered Exeter College, Oxford, whence he graduated B.A. in April, 1638, and M.A. in 1640. On the latter occasion he made a gift to the College of two gilt bowls for the use of the Commoners; and in the same year he published a Tragedy, composed by a fellow-collegian, Samuel Harding. During Philip's University career, he abridged several works of Controversial Divinity; explained many texts of Scripture; and prepared about fifty sermons. He died at Lubenham in 1641, and his remains were buried in the Parish Church there.

His brother George eventually became a London merchant. He lived till 6th July, 1684. In 1653 he
married Mary Nicholson, of Cambridge, and they had ten children, chiefly daughters; of whom Phoebe became
the wife of Benjamin Smith, a Norwich factor; Mary, of John Ball, a Hamburg merchant; and Ann, of
Thomas Hayward, ironmonger, Southwark ; their only surviving son, Samuel, was married in October, 1697,
to Fiducia Steer, of Wootton, Surrey, and they had two sons. The eldest, George, "born at their house in Cornhill, at the sign of the King's Head, died young." Their other son, John, died unmarried on 20th August, 1763, aged 58. He owned property at Great Bentley, Essex, as recorded in Morant's History of the County, which also states that he lived at Englefield, Berks, at which place his servant, George Cocking, was buried on 24th August, 1761, as recorded in the Parish Register.