On April 18, 1674, Alexander and Berthia suffered another loss of an unknown child, the child was buried in Greyfriars burying ground, Edinburgh.

Tracing the Orphaned Frogg

29 September 1719 (deceased)
Letters of administration are granted to William Battell, son and heir & administrator to the goods, chattels, credits, etc. belonging to Mary Frogg, deceased who was the widow and executrix of John Frogg, of Christiana, deceased. And whereas the said John Frogg, merchant, deceased willed all his estate to his widow Mary Frogg, and constituted her as his executrix and she  -- as it is affirmed -- died intestate before the estate had been administered, now the above William Battell, is granted letters of administration on the un-administered goods, chattels, credits, etc. belonging to John Frogg, deceased.

Captain William Battle, gentleman of New Castle County, Delaware was born about 1696 in England and married Parnellah "Parnell" French, daughter of Colonel John French on 19 June, 1718 at the Immanuel Church in New Castle. Parnellah was likely named from the Parnell family of the same area. William became Sheriff of Newcastle in 1726. "For seven years, Captain Battell conducted the mills, then know as Battell's Mills, and November 25, 1725 desired "WB" to be recorded as his brand mark". Arthur Clayton and Robert Chapman, August 1, 1730 purchased of Battell five hundred acres of land, together with the grist and bolting mills and other improvements. This land is situated on Christiana Creek, between Rum Branch and the east side of  Latham's Run, now Leatherman's Run [37].

Oct 1723
Captain William Battell, age 27 baptizes a daughter named after his mother, Mary in the Parish of Emmanuel, New Castle County, Delaware [13; pg 183].

October 1724
Benjamin Franklin arrived in Philadelphia and applied to Andrew Bradford, the printer, for employment. Employed as a printer until he and his friend James Ralph, a merchant's clerk, in 1724 sailed together to London to "seek their fortunes." Franklin returned to Philadelphia October 11, 1726. In the winter of 1726-27, he found the Junto.

1726
In the year 1726, 30-year old Captain William Battail can be seen as as Justice of the Peace in Essex County, Virginia under the Burgesses of William Beverly.

William Battell, who later became postmaster of Newcastle County and his wife Parnella (French) Battell had at least the following children:

1. Mary Battell

2. French Battell

3. Sybilla Battell who married James Warner on April 14, 1757 at Old Sweedes Church

10 June 1728
The several pews in the Church with the names of their holders were recorded in the Minutes of the Vestry as follows:

Col. John French
William Battels

22 Nov 1728
Col. John French lived on Front Street in Newcastle adjacent to "an old fort" [2; folio 166]. Colonel John French, wrote his will and recorded it Newcastle County, Delaware. The will was probated on Dec 12, 1728.

Mentioned in his will are as follows:
his wife, Eves French - executor
his son-in-law, Captain William Battell - executor
his daughter, Mary (French) Robertson
his son-in-law, Robert Robertson
daughter, Sybilla
grandson and granddaughter, Mary Battell
Mr. George Ross -[ George Ross (1679-1754). ]
John Reynolds

In the Life of George Read by Harmon P. Read, he stated that George Ross was born 1679 & died 1754. He Immigrated in 1703 from Scotland to Newcastle Delaware as a missionary for the Society for the Propagation of the Gospel in Foreign Parts. He married twice and among his children were George Ross (1730-1779) a signer of the Declaration of Independence

27 Mar 1729
An ad in the American Weekly Mercury states:

Cook, Richard, servant, born in Staffordshire, brick-mason by trade - runaway from Mrs. Aves French and William Battell

18 Jan 1732

Graham, Dr. Hugh, late of Phila., dec'd - accounts due estate for physic or surgery to be settled with Patrick Baird, who has been impowered by executors; other accounts to be settled with George M'Call, executor [41].

23 Nov 1732

Read, Christian, woman servant, age c. 20 - runaway (in company of one Ann Bargain) from William Battell, postmaster in New Castle [41].

11 Jul 1734
After William Battell's death, his widow, puts an ad in the local paper:

Tract of 740 acres near Christine [Christiana] Bridge and a water lot in Town of New-Castle adjoining the Feee Wharf - to be sold by Widow Battel [Parnellah], executrix of W. Battel, late of New-Castle, dec'd [41]

 July 8, 1738 Philadelphia
Respected from Thomas Noxon (by Benjamin Eastburn): The late, William Battel, of the County of Newcastle, being, (as is alleged,) vested with the rights of Divers Tracts of Land, situated in the County aforesd, viz: to 200 acres laid out...The said William Battel also claim'd 100acres in right of Jno Frogg granted him by a warrant from the late Comiss'rs, date ye 21st 7th 1715 and 100 more in right of Alex. Fasier, granted him by...at or near the mills on Christiana Creek.

10 Oct 1752
The following have been elected for Kent County - representatives, John Vining, Joh Brinkcle, John Caten, Andrew Caldwell, Benjamin Chew, Thomas Clarke; sheriffs, John Clayton, Caesar Rodney; coroners, French Battle, Peter Brinckle. [40; pg 309]

Daniel French, lived in Culpeper county near "Great Hunting Creek" near present day Middleburg, Virginia where he was one of the justices. He was son of Hugh French, of St. Mary's parish, Richmond county, who died about 1701, and father of Margaret French, who married James Strother. [24]. The orphaned John Frogg would later marry Elizabeth Strother, daughter of William Strother and Margaret Watts. Thus it is fairly easy to put the puzzle pieces together to link John Frogg "Merchant of Christiana" to the French and Strother Families of Virginia who raised the orphaned John Frogg "The Sheriff".

CONCLUSION

As can be extracted by the above, the orphan John Frogg, son of John Frogg and Mary was likely left under the guardianship of either, William Battell or Hugh Graham. or the French family. All would eventually settle in Rappahannock, Virginia.

References:

1. Scharf, Thomas J., History of Delaware, 1609-1888. Volume Two- pp. 1015-1023. CHAPTER LI APPOQUINIMINK HUNDRED

2. New Castle County, Delaware Register of Wills, Will Book C;  transcription from Delaware State Archives; RG 9231 Roll #2.

3. http://www.newcastlecity.net/city_gov/nc_hist.html

4. Area History: Chapters 4 - 5, Vol II - Watson's Annals of Philadelphia And Pennsylvania, 1857

5. New Castle Co. Land Records - 1738-1743. Carol J. Garrett

6. Brooks, Reverend Charles, The Controversy Touching on the Old Stone Mill, pages 73-84

7. Sainsbury, W. Noel, ed., Calender of State Papers, Colonial Series (Volume 7), America and West Indies, 1669-1674, Preserved in Her Majesty's Public Record Office (Vaduz: Kraus Reprint Ltd., 1964) First Published London: HMSO, 1889. pp. 496-497

8. RECORD OF PENNSYLVANIA MARRIAGES, PRIOR TO 1810. Volume I. Clarence M. Busch. State Printer of Pennsylvania, 1895. Pennsylvania Archives, Second Series, Volume 8

9. New Castle County, Delaware Wills, 1682-1800; Will Book C; pg 69

10. Encyclopedia of Virginia Biography, Vol IV (Disk 1), Virginia Biography; Family Tree Maker Inc.

11. Essex Co., VA Deeds and Wills No. 113, p.66

12. The American Historical Register and Monthly Gazette of the Patriotic-Heredity Societies of the United States of America, March 1895 - August 1895, edited by Charles H. Browning; Philadelphia. Historical Register Publishing Company.

13. Sketch of Early Ecclesiastical Affairs in New Castle Delaware and History of Immanuel Church by Thomas Holcomb, written by request of the church club of Delaware; Wilmington, Del.: Delaware Printing Company 1890

14. Scottish Immigrants to North America 1600s -1800s, The Collected Works of David Dobson; Genealogical Publishing Co.; Family Archives CD.

15. Wills: Abstracts, Book E: 1726 - 1736: Philadelphia Co, PA

16. According to the Minutes of the Board of Property of the Province of Pennsylvania, Minute Book H; pg 598

17. New Castle on the Delaware; Deleware Federal Writers Project; 1937; pg 68

18. The Pennsylvania Magazine of History and Biography; Rich and Poor in Philadelphia

19. Pennsylvania Magazine of History and Biography, Vol XiX, Philadelphia Publication Fund of Historical Society of Pennsylvania, 1895, Stanford Library, Lists of Vestrymen of Christ Church, Philadelphia, pg 521

20. The Pennsylvania Magazine of History and Biography; Historical Society of Pennsylvania; pg 518

21. Memorial History of the City of Philadelphia: From Its First Settlement; Howard Malcolm Jenkins, George Overcash Seilhamer

22. Virginia Colonial Abstracts, Vol 1, Accomack County, 1637-1640; transcripts page 154; pg 206; Original mutilated

23. Registers of Burials at the Emmanuel Church, Sketch of Early Eccleastical Affairs in New Castle, Deleware; Thomas Holcomb; pg 243

24. Encyclopedia of Virginia biography, Under the Editorial Supervision of Lyon...edited by Lyon Gardiner Tyler.; pg 240

25. The Pennsylvania Magazine of History and Biography By Historical Society of Pennsylvania; pg 433

26. The American Historical Register By Charles Henry Browning; pg 1166

27. FROM Middlesex County, Virginia Deed Book 2 1679- 1688 Pp 191-192

28. Lewis of Warner Hall: The History of a Family; Merrow Egerton Sorley

29. Virginia Colonial Records 1600-1700d. Cavaliers and Pioneers, Patent Book 1, Part II, pg 139

30. The Pennsylvania Magazine of History and Biography By Historical Society of Pennsylvania

31. THE ACCOUNT OF The Family of Birnie of that Ilk AND THEIR DESCENDANTS, SINCE THE LOSS OF THAT ESTATE AS ALSO OF The Hamiltons' of Broomhill; Edited by W.B.D.D. Turnbull, Esq. Advocate

32. The history of the province of Moray; By Lachlan Shaw; pg 84

33. Scharf, Thomas J., History of Delaware, 1609-1888. Volume Two- pp. 1015-1023.

34. 350 Years of New Castle, Delaware, Chapters in a Town's History", by Constance J. Cooper; page 50

35. PA Archives Series 2: Vol. IX: Part II: Sections 1-3:  List of Officers of the Colonies on the Delaware and the Province of Pennsylvania, 1614-1776

36. Notes on the Surnames of Francus, Franceis, French, Etc. in Scotland: Aaron Davis Weld French

37. History of Delaware : 1609-1888 By John Thomas Scharf

38. History of the State of Delaware By Henry Clay Conrad

39. Edinburgh Parliament, 17 August 1641, Parliamentary Registers; commissions.<available online at http://www.rps.ac.uk.>

40. Scottish Immigrants to North America, 1600-1800s; Caribbean Supplement, 1611-1707

41. Abstracts from Ben Franklin's "PA Gazette", Abstracts, 1734

     

     

     

    
     

     

     

    
     

    
     

ADDITIONAL ABSTRACTS AND SUPPORTING DOCUMENTATION

RECORD OF PENNSYLVANIA MARRIAGES, PRIOR TO 1810.
Volume I. Clarence M. Busch. State Printer of Pennsylvania, 1895. Pennsylvania Archives, Second Series, Volume 8.

1716, __ _, Wallace, Mary, and Hugh Graham.
 

John Frogg son had a business partner from England named Michael Wallace in 1749 in which they purchased thousands of acres of Virginia land. It is possible that Michael Wallace and John Frogg were related through the marriage of this aforementioned Hugh Graham. 

John Graham (30 Apr 1718--Aug 1787), son of John Graham of Wakenston, Perthshire, Scotland [40], clerk of the Prince William County court, lived on the south side of Quantico Creek near Dumfries. He came to Virginia from Scotland about 1740 and acquired much land in Prince William County, including the tract on which Dumfries was established in 1749 (W.P.A. [1], 94). He married Elizabeth Catesby Cocke, daughter of William Cocke, secretary of state on 14 Dec 1746 [40]. He left issues, two of which are John Graham and George Graham who served under Jefferson, Madison and Monroe.

…In the year 1703, those of New Castle of Comminio of the Church of England, from a sense of want of person in Holy Orders to reside among them, & observing how the Presbyterians were gaining ground in the place, by reason of their having a Preacher to promote their interest, Resolved to Petition the Bishop of London to take compassion on their deplorable circumstances, which resoluition they put in practice the Eleventh of August, in the said year, & in confidence of a favorable answer from his Lordship’s charitable disposition, they agreed with workmen to build a House of public worship, drawing up a formula for themselves & Friends, to subscibe & set down wt. sum, each of them was willing to bestow towards the erecting the Fabric; and at the same time, appointed Richard Hallowell, Jasper Yates, and Joseph Wood of New Castle, Gent’n (they being willing to take the trouble upon them,) to be overseers of the Building, & Agents to collect the Charity of pious, well-disposed person. In the middle of the Town lies a spacious Green, in form of a Square, in a corner whereof stood formerly a Fort, & on the Ground whereon the said Citadel was built, they agreed to erect their church, froma persuasion that, as belonged to their soverign, it was not in the power of any of their troublesome neighbors to disturb them in the commendable undertaking. In the Year 1704, Emanuel Church, at New Castle, was founded, & by the charitable contribution of several Gent’n in Pennsylvania, as well as by the large collections of Inhabitants of New Castle – not only Churchment but Presbyterians – it was finished and opened in 1706, which the solemnity of an occasional sermon preached by the Reverend Mr. Andreas Rudman, a Swede, then Missionary at Oxford & distinguished by him at the request of Mr. Ross, Missionary at New Castle, by the name and appellation of Emanuel. To the erecting of this church, his Excellency, Francis Nicholson, then Governor of Virginia, famous for his generosity and zeal in the cause of God and his church over all America, was first signer, & by his noble example & extraordinary bounty – for he gave L25 sterling – many were encouraged to exert themselves in this affair, to the utmost of the ability. Donators:

Richard Halliwell
Robert French

This church was 50 feet long and 30 broad. Its materials are Brick covered with Cedar. It is beautiful of late with a Gallery & a Porch by the diligence & good conduct of the present Church Wardens, Richard Grafton & William Read, mena of real zeal for the honor of Christ and his Religion.

The number of Inhabitants belonging to this church, or usually frequenting at first, was about twenty Families, which, allowing three to a Family, to attend Diving Worship, amounts to three score.

They were generally low in their condition, but not indigent, having wherewithal to support themselves, but little to spare. The employ and business of such of them as lived the Town was retailing of Goods, Rum, Sugar & Molasses, together with some European Goods. Some enjoyed Posts in the Government, & others got their living by their handy crafts, as Carpenters, Smiths & Shoe makers.

Those of them that had their residence in the County were occupied in clearing & grubbing of Land, in raising of Grain, as Wheat, Rye, Indian Corn, Oats & Barley; in improving their stock, such as Horses, Horn Cattle, Sheep & Hogs.

Few or none of them had estates to support them without being obliged to their Trade Labour & Industry. Their sentiments in matters of Religion – I mean of those who were my first hearers – were pretty uniform & framed upon Church principles. Most of them lived together, like Towns in England, while others, who manured the Ground, lived dispersed, up & down a large compass of Ground, all of them so far distant from any other Church that the healthiest and strongest amongst them could not, without great application & going on Horseback, attend Divine Service there.

Traveling is easy in these parts, both summer & winter, except in the extreme heat of the one & when the Frost breaks up in the other. What renders travelling so easy here, besides the serenity & agreeableness of the climate, is that the people generally make use of pacing Horses, and the Roads are far better than those in England. The present number of Inhabitants, professing themselves members of the Church under my care, are about one hundred Families, & most of them much improved in their Fortunes & conditions, having for the number of people as great plenty of Bread & provision of all sorts, as Beef, Pork, Veal, Mutton & Dung Hill Fowl, as most other parts have in the King’s Dominions, either at home or abroad.

There are seven meeting Houses used by Dissenters, besides a Lutheran Congregation, within the limits of what I call my Parish: whereof four belonging to the Presbyterians, who are generally Schotch Irish, one to the Anabaptists, being Welsh by nation, and two to the Quakers, a mingled generation of English and Irish. So that by a modest computation thee are at least six to one conformist who dissent from the Church of England. The true ground of this surprisingly inequality is that the country was fist peopled with Dissenters, whose number is greatly increased of late, by their having fresh supplies sent them from the North of Ireland. All their Meeting Houses save that at new Castle, where a Dissenting Preacher cannot get bread, are provided with Teachers, who owe their support wholly to the voluntary contributions of their people & their own industry, in planting & farming. They have sufficiency to live, rather than decency in living. There are some private schools within my reputed district which are put very often into the hands of those who are brought into the country & sold for servants. Some schoolmasters are hired by the year, by a knot of Families, who, in their turns, entertain him monthly, & the poor man lives in their Houses like one that begged an alms, more than like a person in credit & authority. When a ship arrives in the River, it is a common expression with those who stand in need of an Instructor for their children – Let us go & buy a School Master. The truth is, the office & character of such a person is generally very mean and contemptible here, & it cannot be other ways till the public takes the Education of children into their mature consideration.

…There is no settled School Master here, a thing not to be wondered at, since to this time there are no benefactions made or encouragement given to a person of that character by the Government or to my knowledge, by any other considered in a private capacity, the consequence whereof is not to be expressed. The Library here consists of those Books only which were sent to remain in the Parish, by the society for propagating the Gospel, and is now in the hand of their Missionary there.

The number of negroe Slaves in this Parish is, as far as I can compute, about 50, concerning whose Instructions very little care is taken. Some of them are in the hands of Quakers, who leave them to their common principle, the natural light. Others are in possession of Protestant Dissenters, who are so taken with the doctrine of absolute decrees, that no great stress is laid on the outward ceremony of Baptism. Those few that are baptized belong to Churchmen. The truth is, there is a general indifference in Churchmen, as well as in those of other sentiments, to make proselytes of their Slaves, the true cause whereof is the want of zeal in masters, and the untoward haughty behaviour of those Negores who have been admitted into the Fellowship of Christ’s Religion.

…It will be observed that August 11, 1703, is the date given in the above letter (not shown) for the commencement of the building of Immanuel Church, and 1706 as the date of completion. There is a conflict in the testimony as to the time when the Church was built. George Keith in his “Journal of George Keith Missionary” under date of August 1, 1703, Sunday, says, “I preached at New Castle on Hebrews v. 9, and had a large auditory of English and Dutch. They have had a Church lately built, and the Rev. Mr. Ross a missionary from the honorable society, has letly been sent them.” And the Rev. John Talbot writing to Mr. Gillingham from Virginia, may 3, 1703, says ?? “ The Governor of Virginia is building several more churches. Two at North Carolina, where we are going next week, and one at New Castle where in all appearance we shall have a considerable congregation of Christian people. The place is very well planted for trade, both by sea and land. It being almost midway between Philadelphia and Maryland upon Delaware River, where God willing, I intend to spend some labor and pains.” So here, including

Mr. Ross’ letter, are three apparently reliable statements, yet each differing. One fixing the date of commencement of work as August 11, 1703; another the completion before August 1^st of that year, and the last showing that the work was in progress May 3^rd of the same year.

The Life of George Read” by William T. Read, Esq., says that he arrived in New Castle in 1703, which arees with Mr. Keith. But on February 24, 1704, the same Mr. Keith wrote to Rev. Mr. Bray that “at New Castle, 41 miles from Philadelphia, there is at present no minister; they had a Presbyterian minister called Wilson, but he has been gone about half a year. Could a minister of the Church of England be sent them, it is thought they would gladly receive him, and it would be of mighty service for advancing the Church in this province, it being, as it were, the Frontier”…

Other authorities fix the time of the arrival of Mr. Ross in 1705, and this is probably correct; at all events it is certin that he was in charge in that year, not leter than August, as Rev. Mr. Evans wrote to Mr. Stubbs under date of August 23, 1705, “Just now I received another favor by yours of 18^th April, by Mr. Ross a missionary to New Castle, with Mr. Crawford to Dover Hundred”. And he is named among those who were present at a meeting of the clergy at Burlinton, Nov. 2, 1705.

At the time of the arrival of Mr. Ross and for some years thereafter a large number of the congregation were from the country, many “coming twelve miles” from the locality where St. James’ Church now stands, near Stanton. Among the first vestrymen was on James Robinson, who was afterwards a liberal benefactor of St. James’ Church. There was a large settlement of Church of England people in that neighborhood who attended church at New Castle and as the only means of progress from place to place in those days was either on foot or on horseback, the good people were indeed earnest and zealous Christians to attend so regularly the services at the distant Church. The two following letters from Mr. Ross to the secretary of the Society contain interesting information:

Burke's Genealogical and Heraldic History of the Landed Gentry; By Bernard Burke; pg 360

George Dundas, [The laird"], of Dundas, who was served heir in 1636. This laird espoused the cause of the parliament in the Civil Wars. In l64l he was on the committee for the trial of the gallant Montrose and his adherents, and he was subsequently one of the Colonels in linlithgowshire for putting the kingdom into a state of defence. He married Elizabeth, dau. of Sir Alexander Hamilton, of Innerwick, and had (with three daus. [one of which was Berthia]) Walter Dundass, his heir ; Geroge Dundass,who m. Margaret, dau. of Hay, of Monkton, and had, with other issue, George Dundass, who eventually inherited the Chieftainship and estates; and James Dundass, . The laird lived several years after the Revolution, and was survived at his decease by his eldest son.

Research made by
Selma Farmer,
Port Royal, Virginia.   January 28, 1937

"Prospect Hill", for 200 years a Battaile estate, descended
from father to son thus: John Battaile (came from Essex,
England to Virginia) (1680 - 1707) to Lawrence I, (1698 -
1749) to Lawrence II, (1735 - 1772), to Lawrence III, (1776 -
1846), he married Ann Hay Taliaferro, June 10, 1790. "Prospect Hill"

2. LOCATION:

14.3 miles northwest of Port Royal, Virginia, on Route #17
and 1.2 miles west of Route #17

Captain John Battaile of Rappahannock, afterward Essex County,
and one of the owners of this estate, commanded a company of
rangers against the Indians in 1692. He was burgess for Essex
in 1622 and in 1692.

John Battaile sworn under sheriff for the south side of Rappa-
hannock County for ensuing year of 1684.

The will of John Battaile was probated September 10, 1708.
Legatees under his will were his wife, Elizabeth, and children,
John, Hay, Lawrence, Nicholas and daughter, Elizabeth. There
is no further allusion to Hay and the inference is that he
died young.
 

At a Council held in Philadelphia, 15 Sept 1726, The Governour having likewise received the Returns of the Sherif & Cornoner of the County of Newcastle, of Persons to be presented to him for his Choice of a Sherif & Cornoner for that County, viz; William Battell & John Gooding for Sherifs, & Joshua Story & Morgan Morgan for Coroners. The Governour, agreeable to the advice of the Board appointed John Gooding Sherif & Morgan Morgan Coroner.

Oct 4, 1727  for Newcastle County: John Gooding and William Battell being returned for Sherifs, and Morgan Morgan & Joshua Story for Coroner.

1731 - Morgan Morgan (1715 - 1779)removed from Pennsylvania and built a cabin and Morgan's Chapel in what would later become Bunker Hill in Berkeley County, West Virginia. His son's William, David, Hugh and Patrick Morgan became fierce Indian fighters.

Passenger and Immigration Lists Index, 1500s-1900s
about William Battle

Passenger and Immigration Lists Index, 1500s-1900s
about William Battle

Passenger and Immigration Lists Index, 1500s-1900s
about William Battle

Passenger and Immigration Lists Index, 1500s-1900s
about William Battle

Passenger and Immigration Lists Index, 1500s-1900s
about William Battle

Passenger and Immigration Lists Index, 1500s-1900s
about John Battell

Passenger and Immigration Lists Index, 1500s-1900s
about John Battell

Passenger and Immigration Lists Index, 1500s-1900s
about John Battell

Passenger and Immigration Lists Index, 1500s-1900s
about John Battell

Passenger and Immigration Lists Index, 1500s-1900s
about Tho Battell

Passenger and Immigration Lists Index, 1500s-1900s
about Mary Battell

Virginia Land, Marriage, and Probate Records, 1639-1850
about William Battel

[2;Folio 275] March 7, 1720; Letters of administration are granted to William Battell, gentleman, principal creditor on the goods, chattels, credits, belonging to Nicholas Cullender, deceased who --it is affirmed-- died intestate

[2;Folio 307] Letters of administration are granted to William Battell, merchant and principal creditor on the goods, chattels, credits, etc. belonging to Edward Williams, deceased who --it is affirmed -- died intestate

[2;Folio 339] Letters of admininstration are granted to William Battell, merchant, administrator de bonis non of John Frogg, deceased principal creditor of Thomas McNamara, on the goods, chattels, etc belonging to Thomas McNamara deceased who  --- it is affiremd -- died intestate. [de bonis non: Latin for "of goods not administered," is a legal term that refers to assets remaining in an estate after the death or removal of the estate administrator [in this case, Mary Frogg, deceased]. The second administrator is called the administrator bonis non and distributes the remaining assets]

 Thomas and John Battle immigrated to Virginia  as part of the headright system in order to support the growing Virginia tobacco trade that was still in its infancy. The Headright system was introduced in 1618 and was used in Jamestown as an attempt to solve labor shortages due to the advent of the tobacco economy, which required large plots of land with many workers. Virginian colonists were each given two headrights of 50 acres each, immigrant colonists who paid for their passage were given one headright, and individuals would receive one headright each time they paid for the passage of another individual. Click here for more information on the headright system along with case studies.

Under Governor Fletcher, in 1693, the commissions of all justices
of the peace were abrogated, and the members of his council were
qualified as justices for the Province and Territories. [Col. Rtc.,
vol.i,p. 368.]

John French, May 14,1724
John French, . . . . . . . July 25, 1726
Robert Gordon, . . . . . . • July 25,1726
Joseph England July 25,1726
Charles Springer, July 25,1726
John Richardson, July 25,1726
James James, July 25,1726
William Battell, July 25,1726
David Evans, July 25,1726
Andrew Peterson, July 25,1726
Ebenezer Empson, July 25,1726
Hans Hanson, . . . . . . . July 25,1726
James Dyer July 25,1726
Samuel Kirk, July 25,1726
Richard Grafton, July 25,1726
Simon Hadley, July 25, 1726
Robert Gordon, April 20, 1727
John Richardson, April 20, 1727 .
Joseph England, April 20, 1727
Charles Springer, April 20, 1727
Andrew Peterson, April 20, 1727
Hans Hanson, April 20, 1727
Simon Hadley, . . . ... . . April 20, 1727
William Read, April 20, 1727
Thomas January, April 20, 1727
James .lames, Jr., April 20, 1727
Richard Cantwell April 20, 1727
 

In the year 1726, Captain William Battail can be seen as as Justice of the Peace in Essex County, Virginia under the Burgesses of William Beverly. John Frogg III, "the sheriff" would later live in Beverly Manor. Thomas Catlett is also a Justice of the Peace who marries into the Strother Family.  Thus, after John Frogg II's death followed by Mary (__) Battell (Frogg), John Frogg III was orphaned to William Battle who then took young John Frog to Virginia John Frogg would later marry the daughter of William Strother in 1738. According to Rent Rolls for the year 1704, John Battail and John Catlett can be see living in Essex County and owning 1100 and 1800 acres, respectively.

Will of Henry Johnson
of St. Mary's Parish, Essex County, planter
Dated: 30 Oct 1702
Probated: 10 June 1703

To son Richard 400 acres "I now live upon". To dau Ann plantation Robt Bent lives on. To dau Katherine 100 acres "the backwardest part of the tract". To son Richd the 3 1/4 acres bought of Captain Battaile. (Prob a mill.). 

Lease and Release John Powell
of Essex County, planter
20 and 21 Nov 1713

158 Acres: Witness: Jno. Taliaferro and Jno. Battaile

According to Virginia Colonial Abstracts, pg 92; Deed of gift 23 July 1695. Henry Johnson "Is Intended to marry", gives his 4 daughters all under 21 personal property. Eliza Johnson the oldest Sarah the 2nd daughter, Catherine the 3red daughter and Ann the 4th and youngest daughter. Signed Henry Johnson. Wit: Jno. Battaile, Sam'll Sallis, Proved by oath of Tho griffin and recorded 10 July 1703. Coll John Battaile swears before John Tallaferro he saw Henry Johnson sign the above.

Early Virginia Immigrants (1623-1666) page 243
Thomas Nowell immigrated in 1654 by John Battel (County not stated)
Elizabeth and John Battle 1654 by John Battle (County not stated)
Thomas Battle, 1652 by Mr. James Warradine (County not stated)

Virginia Colonial Abstrats, Vol 1, Lancaster County Court Orders, 1652-1655
Mary Battle, Headright of Capt. Henry Fleet. 6 June 1655 p. 198

The Albemarle Parish Register of Surry & Sussex Counties, Virginia: Births 1717-1778

 By John Bennett Boddie

John and Sarah Battle

Hartwell, 6/5/50, Susanna Newsom, Samuel Long Cotton, Mary Capel

John Battle, 7/25/53, James Carter, Wm. Horn, Jane Seat

Nanny Battle, 12/27/54, Thomas Capel, Anne Evans, Eliz. Felts

William Battle, 1/2/57, Wm. Richardson, James Carter Jr., Sucky Judkins

Angelica, 2/15/59, Thomas Battle, Mary Battle, Angelica Ezell

John and Mary Battle: Amy Battle, 6/1/40, Simon Gale, Mary Sammons, Mary Battle

Thomas and Mary Battle:
Frederick, 11/1/44, Burwell Gilliam, John King, Eliz. Mabrey
Phoebe, 7/8/46, Richard Knight, Martha Bridges, Rebecca Mabrey
Lucy, 7/2/48, Wm. Richardson, Mary Stokes, Agnes Battle

John Battle Jr. and Anne:
Hollsman, 11/8/72, Isaac Rawlings, Hartwell Battle, Mary Battle died of cancer 9/8/54, reported by John Battle

Early Records of Dedham, Massachusetts

 By Dedham (Mass.), Don Gleason Hill, Julius Herbert Tuttle, Benjamin Fisher

Abigail, the daughter of Jonathan and Mary Battle, was born December the
11th, 1709

Eleazar Allin of Medfleld and Mary Battle of Dedham, were married July the [1711.J
Benjemin Force of Norton and Rachell Thorp of Dedliam, was married December
у 1"', 1712

[Under Governor Fletcher, in 1693, the commissions of all justices of the peace
were abrogated, and the members of his council were qualified as justices for
the Province and Territories. [Col. Rec., vol. i, p. 368.]

John French, May 14, 1724 [William Battell married a daughter of John French]
John French, July 25, 1726 [William Battell married John's daughter]
Robert Gordon, July 25, 1726
Joseph England, July 25, 1726
Charles Springer, July 25, 1726
John Richardson, July 25, 1726
James James, July 25, 1726
William Battell, July 25, 1726 [son of Mary Frogg]
David Evans, July 25, 1726
Andrew Peterson, July 25, 1726
Ebenezer Empson, July 25, 1726
Hans Hanson, July 25, 1726
James Dyer, July 25, 1726 [son of William Dyer, deceased]
Samuel Kirk, July 25, 1726
Richard Grafton, July 25, 1726
Simon Hadley, July 25, 1726
Robert Gordon, April 20, 1727
John Richardson, April 20, 1727
Joseph England, April 20, 1727
Charles Springer, April 20, 1727
Andrew Peterson, April 20, 1727
Hans Hanson, April 20, 1727
Simon Hadley, April 20, 1727
William Read, April 20, 1727
Thomas January, April 20, 1727
James James, Jr., April 20, 1727
Richard Cantwell, April 20, 1727 [son of Edmund who sold land to Dyre then Dyre to Frogg]
Joseph Robinson, April 20, 1727
James Armitage, April 20, 1727
 

Virginia Colonial Abstracts, Vol II Essex County, Wills and Deeds 1711-1714
Will of Wm. Dier of Essex Co., planter. Dated 20 Janry 1713/14. Prob. 11 March 1713/14. To grand daugther Alice Evis, Cattle and 1800 lb. tobo. due from Andrew Priccet, also rents to be received form James Douchberry, also various personal possessions including "one small box which was her mothers" xx "all this to be full satisfaction for what waas left the said Alice Evis by her father". To be paid at 21 or marriage. Son John Dier sole exor.
Signed William Dier His Mark
Wit: Thomas Lambert, Elizabeth Jones her mark, Mary Evans her mark
p. 216 Bond 11 March 1713/14 L300 Sterl. John Dyer Exor of William Dyer deceased. Signed John Dyer, Wm. Winston, henry Byrom. Wit: Robt Jones, Ja Alderson.
Rec 11 March 1713/14

Virginia Colonial Records 1600-1700s
Quit Rents of Virginia, 1704

Henry Dyer York County 50 acres
Jeffrey Dyer Essex County 100 acres
John Dyer Accomack County 200 acres
William Dyer Princess Anne County 700 acres
William Dyer Essex County 100 acres
 

Virginia Colonial Records 160-1700
Virginia Colonial Soldiers, County Militia Rosters
21 March 1754
John Ramsey, Capt. of Foot; George Robinson, Capt. of Foot; William Gray, Lt of Foot; William Dyer, Lt. of Foot.

English Duplicates of Lost Virginia Records, Quit Rent Rolls
A true & Perfect Rent Roll of all the Lands held in Essex County this prest year 1704

William Dyer 100 acres
Jeffory Dyer 100 acres
William Dyer 700 acres [Princess Anne County]

Cavaliers and Pioneers, Patent Book 3
Edward Hall, 390 acres in Lin Haven Parish, Low. Norf. Co., 11 May 1652, p 254 Incomplete. Mentions Cypruss branch and William Dyer's land Trans. of 8 pers: Daniel Needham, John Jenkins, Daniel Doone, Ann Graves, Wm. White, John White, Eliz Huttibell, Kath Simpson.

From New Castle County Land Records, 1728-1738, Carol J. Garrett, Delmarva Roots, Lewis, DE.
(Deed Book I1, Page 8)  24 Aug 1728. William Battel of Newcastle County, Gentleman, and Pamela [Parnell?] his wife, for the sum of 120 pounds, sold unto James James Jun. of said County, merchant, a parcel of land situate near Christiana Bridge in said Co.  It begins by the road to White Clay Creek to stable of John Ogles and contains 10 acres 15 perches, together with all singular. Signed: W. Battell, Pamelah Battell. Witness: William Read , Robertson. Ack: 20 Aug 1728. Certifyed by Robertson.

Rothbard's magisterial 4-volume history of the Colonial period of the United States, Conceived in Liberty.

A bit of government came in 1685, in the person of William Dyer as collector of the king's customs. But despite the frantic urgings of William Penn for cooperation with Dyer, Pennsylvanians persisted in their de facto anarchism by blithely and regularly evading the royal navigation laws

Faith & Freedom

Benjamin Hart

Chapter 13

The minimal taxes that existed were rarely collected. When William Dyer arrived from England in 1685 to collect the King's customs, he was ignored for the most part, and was shocked to find that no one paid any attention to the Royal Navigation Acts. Back in England, William Penn began to worry that his proprietary charter might be revoked by the Crown if his colonists did not comply with British law. He appointed as deputy governor of Pennsylvania John Blackwell, a tough English bureaucrat, who was Anglican and not Quaker, a vital qualification for any government administrator. Blackwell's travails with the Quakers in Pennsylvania have been recounted in amusing fashion by libertarian historian Murray Rothbard in his history of colonial America, Conceived in Liberty, the high-points of which I include h

                             DELINQUENTS.

   1748--John Allen, gone to Carolina; Wm. Armstrong, Constable, Wm.
Alexander, not found; Wm. Boile, not found; Moses Brown, not found;
Robert Gamble, gone to Carolina; Joseph Hallow, not found; Felix
Kennedy, not found; Felix Kennedy's son, not found; John Kennedy, gone;
Edward Hyns, gone to Carolina; James Carter, gone to Carolina; Thos.
Thornberry, runaway; Joseph Walker, gone to Carolina; Isaims Calach,
gone to Carolina; Edw'd Aharkin, not found; Joseph Alkin, not found;
John Ball, not found; Rob't Burnside, not found; Thos. Bues, Constable;
Joseph Ball, not found; Chas. Beaty, gone to Carolina; Thos. Carson, gone
to Carolina; James Calahan, not found; Nathan Clan, not found; Sam'l
Campbell, not found; Arch'd Crockett, under age; Frederick Carlock, not
found; Bathaser Cupp, not found; Philip Cable, runaway; David Dryden,
Constable; Rob't Davis, not found; John Dickson, not found; Henry Dunkhart,
not found; Jno. Edmiston, Constable; Thos. Eliot, not found; Henry
Erwin, not found; Walace Ashton, Constable; Mich'l Fitzgeril, not found;
Rob't Fryar, not found; Sam'l Forgeson, not found; David Goloway, not
found; John Givens, not found; Stephen Holston, not found; Benj. Hardin,
twice charged; Thos. Judson, not found; Wm. Johnston, no effects; Jacob
Johnston, not found; Rob't Kinkade, not found; Wm. Lockrage, Constable;
Robert Lowry, twice charged; Ralph Laferty, Constable; John Looney,
twice charged; Wm. McCreery, not found; Geo. Belfenberger, not found;
Wandle Brown, twice charged; Sam'l Barkley, not found; David Crage, not
found; Michael Catts, not found; Thos. Brown, not found; Wm. Calfen,
not found; John Armstrong, Quaker; John McClewrath, not found; Andrew
McCeny, not found; Wm. Maxanders, not found; Richard Nelson,
not found; George Renix, gone to Carolina; Jno. Henderson, Constable;
Rob't Stevenson, Constable; Uriah Shadwick, gone to Carolina; James
Mills, not found; Abraham Mire, not found; Sam'l Martin, not found;
Wm. Martial, twice charged; Lawrence Morein, runaway; Hugh Donel,
runaway; James Moore, not found; Wm. McClennay, not found; John
McCewn, Constable; Andrew Manley, not found; Hugh McBride, not
found; John Mire, not found; James Mitchell and son, not found; John
Dulph, not found; Jacob Rhodes, not found; Rob't Robinson, not found;
John Ramsey, Constable; Thos. Ramsey, not found; Josiah Ramsey, not
found; Precila Reves, not found; Richard Robinson, not found; Richard
Robinson, Jr., not found; Isaac Robinson, not found; Jacob Robinson, not
found; Wm. Robinson, twice charged; Wm. Smith, twice charged; Ro.
Stephenson, not found; Silas Stephenson, no effects; Jno. Shit the Helve,
gone; Wm. Sayers, runaway; Cornelius Toland, not found; Wm. Twany,
runaway; Wm. Wright, not found; Chas. Whiteker, not found; Bryant
White, not found; Jno. Warwick, twice charged; Walter Welsh, not found;
Chas. Welsh, not found; Thos. Wright, not found; Daniel Alen, not found;

     413








Jno. Barnhisle, not found; Wm. Jackson, not found; Rob't Brooks, not
found; Reuben Begard, not found; Mathew Jones, not found; Jno. Keny,
twice charged; Wm. Knowles, not found; Henry Lawrence, not found;
Rudy Luther, not found; John Lynn, twice charged; Jas. McClooney, not
found; Jno. Chick, not found; Dan'l Cumings, not found; Petter Caldy, not
found; David Carlock, not found; Huncriff Carlock, twice charged; Jno.
Cravens, Constable; Geo. Calfenberger, not found; Jno. Chesewood, not
found; Wm. Dodson, not found; Jno. Dunkill, not found; Jno. Davis,
Constable; Roger Dyer, twice charged; Wm. Dyer, twice charged

FEBRUARY, 1749 (A).

   Mary Dyer vs. Hugh Douglas.--Chancery, Write dated 26th August, 1749. Mary, administratrix of her husband, Peter Dyer, oratrix. In 1746 Peter agreed to buy a plantation from defendant on Stinson's Mill Creek. Peter died intestate, leaving no child.
 

Hugh Duglas sold land to John Brooks, now deceased, and was summoned
by Mary Dyer (entitled to the land).
  Valuation of improvements on 2,464 acres belonging to William Parks,
on Southern Border Potomac, 17th November, 1749, viz: George Mouss,
improvements. Hanness Dockell's improvements. John Kerre's improvements.
Peter Moser's improvements. Jacob Sifert's improvements.
 

MARCH 21, 1765.

  (247) Thos. Fulton acknowledged Power Atty. to John Jeremiah and ordered to be certified.
  (247) John Frazier and Wm. Nailer to be summoned for not providing for their families.
  (247) Elizabeth and Letitia Orum to be bound to Wm. Hyde. John Dunn, a servant of David Laird's, bound over for stabbing Hugh Donaho--39 lashes.
  (248) John Craven appointed guardian of Roger and John Dyer, orphans of Wm. Dyer

1762--Page 4, John Miller, Quaker, (1762, February), Green's deeds to
you; page 7, Mary Preston, (1762, February), your brother's deeds to you;
page 7, John Allison, Middle River; page 41, Capt. Wm. Christian, Staunton;
page 42, John Stuart, pedler; page 43, Robert Jackson, Fredericksburg;
page 47, John Davis, brother Walter; page 50, Robert Reed, Stone
Meeting House; Robert Reed, Staunton; page 59, William Brown, C. Creek;
David Robinson, Linvell Creek; Samuel Henderson, Borden Land, Albemarle;
page 64, John Moore, Borden Land; page 66, John Davis, son of
James; page 69, John Davis, Pastures; page 72, William Graham, R. Oak;
page 73, Robert Young, Forks; page 81, Christian Evick, Hampshire; page
83, John Jones, Caroline; page 84, John Cunningham, Borden's Land; page
85, James Buchanan, Shoccoe; page 86, John Campbell, Staunton; page 87,
William Johnston, Pastures; page 94, John Davidson, taylor; James Bower,
schoolmaster; page 98, Margaret Dyer, administratrix of Wm. Dyer, wife
of Jno. Craven; page 100, Patrick Hays, Pennsylvania, (1762, August),
Recording Kerr's deeds to you; page 106, John Craig, Borden's Land; page
107, James Beard, Pastures; page 114, William Wilson, Staunton; page
122, Capt. Wm. Christian, C. Creek; page 126, Samuel Moore, Staunton
page 128, George Miller, Amherst; page 130, Wm. Wilson, Cook's Creek
page 134, Abraham Miller, lower end County; John Ramsey, Pastures
page 136, David Martin, Amherst; page 145, James Bell, South River.
 

Chalkley Vol II; Page 148.--1755: Matt. Patton and Wm. Dyer processioned as follows,
viz: For Roger Dyer (corner Jacob Sivers), for Jacob Sivers, for Mathias
Dise (corner Ludwick Waginer), for Ludwick Wagoner, for John Dunkle
(corner Mathew Patton), for William Dyer, present Nicholas Hevanor;
for Mathew Patton, for Mathew Patton, for Nicholas Hevernor; for Christian
Dasher, present Anthony Bogart; for William Russell, none to show
lines; for John Davis; for Peter Haus (Hans), present Postian Hover;
for Wm. Russell, present Henry Pickle; for Wm. Russell, none to show,
for Wm. Russell, none to show; for Ro. Green's heirs, none to show.

Chalkley Vol II; Page 164.--John Harrison, Jr., and Daniel Smith, in Captain Daniel
Harrison's Company. Thomas Moore and David Robinson, in Captain
Ephraim Love's Company, and to head of Brock's Gap. Mathew Patton
and Wm. Dyer, on South Fork of the Branch of Patowmack

Chalkley Vol III; Page 301.--24th February, 1757. Roger Dyer's will--To wife Hanna,
one-third of estate in this Colony, or any other; to son James, infant;
executrix, wife Hanna; to son William; to three daughters; to daughter
Hanna Gester, 427 acres in Hampshire; to grandson Roger Dyer, son of
William Dyer; to daughters Hester Patton, Sarah Hays. Teste: Wm.
Miller, Adam Hider, William Gibson. Further proved, 16th May, 1759,
by Adam Hider, and recorded. Executrix qualifies. Proved, 21st March,
1759, by William Gibson.

Chalkley Vol III; Page 273.--15th November, 1758. William Dyer's appraisement, by
Alex. Harron (Herring), Daniel Love, Arthur Johnson.

Chalkley Vol III; Page 204.--17th August, 1758. Margaret Dyer's bond (with Daniel
Harrison, Mathew Patton) as administratrix of Wm. Dyer.

 

Augusta County, Virginia
Chalkley Vol. 2 Page 4
February, 1762

1762--Page 4, John Miller, Quaker, (1762, February), Green's deeds to
you; page 7, Mary Preston, (1762, February), your brother's deeds to you;
page 7, John Allison, Middle River; page 41, Capt. Wm. Christian, Staunton;
page 42, John Stuart, pedler; page 43, Robert Jackson, Fredericksburg;
page 47, John Davis, brother Walter; page 50, Robert Reed, Stone
Meeting House; Robert Reed, Staunton; page 59, William Brown, C. Creek;
David Robinson, Linvell Creek; Samuel Henderson, Borden Land, Albemarle;
page 64, John Moore, Borden Land; page 66, John Davis, son of
James; page 69, John Davis, Pastures; page 72, William Graham, R. Oak;
page 73, Robert Young, Forks; page 81, Christian Evick, Hampshire; page
83, John Jones, Caroline; page 84, John Cunningham, Borden's Land; page
85, James Buchanan, Shoccoe; page 86, John Campbell, Staunton; page 87,
William Johnston, Pastures; page 94, John Davidson, taylor; James Bower,
schoolmaster; page 98, Margaret Dyer, administratrix of Wm. Dyer, wife
of Jno. Craven.

Virginia Willa and Administration, 1632-1800 (pg. 26)
William Battle Southampton County 1767 w.
Mathew Battle Surry County 1681 a.
Hamlin Battle Sussex County 1774 w.
Chas. Sussex County, 1776 w.
Mary Battle Sussex 1786 w.

Virginia Wills and Administrations, 1630-1800, Dyer
Essex
                  James. 1698 w.
                  Andrew 1709 w.
                  William Dyer 1714 i
                  Jeffery Dyer 1716 i.
                  Sarah Dyer 1756 i.
Norfolk
                    Thomas 1671 i.
                    William 1674 w.
York
                    William 1697-8 i
                    Mary 1702 w.
                    Henry 1710 i.
                    Henry 1713 i.
                    Edwd. 1719 w.
                    Saml. 1757 w.

[2;Folio 275]: Nicholas Cullender, weaver

Letters of administration are granted to William Battell, gentleman, principal creditor on the goods chattels, credits, belonging to Nicholas Cullender, deceased who  --it is affirmed  -- died intestate.

Folio 307: Edward Williams, millwright
Letters of administration are granted to William Battell, merchant and principal creditor on the goods chatt...who --it is affirmed-- died intestate.

15 Dec 1727
Mary Cantwell, widow of New Castle County, DE, sells to Archibald Hopkins of Sussex.  L20, 300 acres.  Land in Sussex 'White Horse' Bounds: Luke
Watson, Alex Molleston, Roger Gum, ___ Law.   Land granted by patent 27th day, 12th month, 1684, to John Okey.  John Okey and wife Mary sold 15th day, 7th month, 1686 to Philip Russell.  Philip Russell and wife Sarah sold on 5 Jan 1686 to Elizabeth Frampton.  Elizabeth Frampton, by her attorney Capt John Hill, sold to Wm Dyre 8th, 12th mo, 1686.  Major Wm Dyre bequeathed land to Mary Cantwell,  then Mary Dyre [mary Cantwell married Richard Dyre].  Mary Cantwell appoints Henry Brooks her attorney.  Witnesses:
Henry Brock, Samuel Bullock, W. Hammond.  Proved 12 Feb 1727 by Samuel Bullock.
(Sussex Deed Bk F6, pp255-6)

Posted on a message Board:

I own a copy of the thesis by William R. Cario titled, "Anglicization in a 'Frenchified, Scotchified, Dutchified Place': New Castle Delaware, 1690 -1750". On page 136 appears the following text:

"Anthony Howston moved from London to take over his brother's business after 1707; during the next decade William Battell arrived in town, married a daughter of John French, and took over some of his mercantile operations."

The Anthony Houston (Howston) referenced above is my 7th great-grandfather and I believe that the William Battle [Battell] referenced here could be William Battle born about 1696 who married Parnella French on 29 June, 1718 at the Immanuel Church in New Castle. My question is, do you know anything about the apparent partnership between Anthony Houston and William Battle referenced above?

I also have a reference to a 10 May 1722 land transaction in New Castle for Anthony Houston that contains a William Battle signature.
 

John Frogg was christened on 29 Nov 1674 in Inveresk With Musselburgh, Midlothian, Scotland [LDS batch file C116895] just east of Edinburg. According to the records, his parents were John Frogg and Margaret Tod.

The TOD family tree Public Member Tree   Unsourced

Name:  Margaret Tod Birth:  29 Nov 1685 - Inveresk, Midlothian, Scotland Parents:  Thomas Tod, Janet Smart

Miscellaneous references from

Sketch of Early Ecclesiastical Affairs in New Castle Delaware and History of Immanuel Church 

…Governor Beekman at Altona (theretofore Fort Christian,) writing to Stuyvesant, May 12, 1660, says: “I learned from Capt. Creiger that your Noble Worship is expecting three or four preachers from the Fatherland; I would request your Honor that one of them might be sent to us here on the river, for the relief of the community of Christians; it would occasion further increase and population. Of his own needs for a minister, Beekman, under date of January 14, 1661, writes “Testerday, the Lord our God did give an increase to our family by a body; I could wish there was an opportunity of initiating him by christian baptism,” 

On October 10, 1664, the town and fort at New Amstel were taken by the English under Captain Carr. Ten Dutch soldiers were wounded and three killed at the capture of the fort. This expedition was sent from New York by Richard Nicolls, Deputy Governor under the Dutke of York, who had previously taken that place. 

Captain Carr was instructed to promise the Dutch all their privileges, “only that they change there masters” to the Swedes he was to “remonstrate their happy return under a monarchical government.” After the capture of New Amstel by the English it was called New Castle. 

The sixth of the articles of capitulation promised “That all the people shall enjoy the liberty of their conscience in church discipline, as formerly.”

 After the surrender, the Dutch Governor D’Hinoyossa returned to Holland, and ended his days there as did, probably, many of the early Dutch settlers. The Sweedes more generally remined; the remnants of both nations becoming so blended as to constitute one people.

The Dutch regained control of New Castle briefly but the second occupation was of short duration, as in accordance with the treaty of peace between England and Holland signed at Westminster, February 19, 1674, The English resumed possession in November, 1674. After the English government was re-instated much more liberality in religious matters was

 In the year 1675 William Edmundson, “a Public Friend” visited New Castle and found it difficult to be entertained, “the inhabitants being chiefly Dutch and Finns, and addicted to drunkenness, who refused him though he had money. He applied to the Chief Magistrate, Cantwell, to complain that they could not procure lodgings even for money, who commanded the keeper of an ordinary to receive them, and himself promised him anything he needed”. This incident as well as numerous cases in the court records of those time, of carousals, fights and robberies show that people and pastors were alike degraded in habits of life and morals.

In 1677 , clergyman John Yeo was appointed minister at New Caslte for the Church of England. This clergyman seems to have been a great improvement in every way over the Swedish ministers who had been stationed at New Castle, although he got himself in trouble before he left. He was a man of prominence in Maryland where he had lived for some years. He stated that “The Lords Day is profaned; religion is despised, and all notorious vices are commited; so that it is become Sodom of uncleanness and a pest house of iniquity.

John Yeo got into trouble and was presented at the cours by Capt. Edmund Cantwell, High Sheriff of this Towne and County of New Castle, for

The next minister in New Caslte was Teschenmaker until 1689, speaker of both Dutch and English. His works were very meager. He became minister at the Town of Schenectady, New York, and was there only a short time when he met with a tragic death in the massacre of the people of that place on February 9, 1690, although his death was not intended. Mons, De Monseignat in his “account of the invasion of New York by French and Indians and Sack of Schenectady,” says, “The house belonging to the minister was ordered to be saved, so as to take him alive to obtain information from him; but as it was not known, it was not spared any more than the others. He was slain and his papers burnt before he could be recognized”

It was during the time Mr. Tasschenmaker remained at New Castle that William Penn landed there, and took possession of the colony as proprietor. That historical even took place just where Immanuel Church now stands. An account of the proceedings is found in the county records as follows. “

“New Castle in 28^th October, 1682, memorandum that the day and year first above written, William Penn, Esq. by virtue of an Instrument of Indenture signed and sealed by his Royal Highness James, Duke of York &ct did then and there demand possession and seizing of John Moll. Esq. and Ephraim Herman. Gentlemen.

Encyclopedia of Virginia biography, Under the Editorial Supervision of Lyon...edited by Lyon Gardiner Tyler.; pg 182; Capt. John Battaile of Rappahannock afterwards Essex county, was a captain of a company of rangers in service agains the Indians in 1692, member of the house of burgesses from Esses the same year. He married Elizabeth, daughter of Col. Lawrence Smith, and his will dated Jan 24, 1707-1708 was recorded Feb. 1707. [[I think this info will validate if Battell and Battaile are the same person]

March 1, 1727

…In the year 1703, those of New Castle of Dominion of the Church of England, from a sense of want of person in Holy Orders to reside among them, & observing how the Presbyterians were gaining ground in the place, by reason of their having a Preacher to promote their interest, Resolved to Petition the Bishop of London to take compassion on their deplorable circumstances, which resolution they put in practice the Eleventh of August, in the said year, & in confidence of a favorable answer from his Lordship’s charitable disposition, they agreed with workmen to build a House of public worship, drawing up a formula for themselves & Friends, to subscribe & set down wt. sum, each of them was willing to bestow towards the erecting the Fabric; and at the same time, appointed Richard Hallowell, Jasper Yates, and Joseph Wood of New Castle, Gent’n (they being willing to take the trouble upon them,) to be overseers of the Building, & Agents to collect the Charity of pious, well-disposed person. In the middle of the Town lies a spacious Green, in form of a Square, in a corner whereof stood formerly a Fort, & on the Ground whereon the said Citadel was built, they agreed to erect their church, from a persuasion that, as belonged to their sovereign, it was not in the power of any of their troublesome neighbors to disturb them in the commendable undertaking. In the Year 1704, Emanuel Church, at New Castle, was founded, & by the charitable contribution of several Gent’n in Pennsylvania, as well as by the large collections of Inhabitants of New Castle – not only Church men but Presbyterians – it was finished and opened in 1706, which the solemnity of an occasional sermon preached by the Reverend Mr. Andreas Rudman, a Swede, then Missionary at Oxford & distingued by him at the request of Mr. Ross, Missionary at New Castle, by the name and appellation of Emanuel. To the erecting of this church, his Excellency, Francis Nicholson, then Governor of Virginia, famous for his generosity and zeal in the cause of God and his church over all America, was first signer, & by his noble example & extraordinary bounty – for he gave L25 sterling – maney were encouraged to exert themselves in this affair, to the utmost of the ability. Donators:

Richard Halliwell

Robert French

James Coutts

Jacob Vangezel

John French

Hercules Coutts

Samuel Lowman

Joseph Wood

Adam Baldridge

Richard Reynolds

Wm. Tongue

Andrus Dykes

John & Edward Jennings

James Askue

Roeloff Dehayes

Silvester Garland

Wessel Alricks

Thomas Gray

Matt’s Vanderhyden

Richard Cantwell

William Houson

Samuel Silbe

Hypolitus Leffever

John Staples

Nicholas Lockeyes

Cornellius Empson

Robert Ashton

George Lowther

John Guest

James Miller

William Harper

Thomas Norton

Jasper Yeates

Margaret Finch

Henry Nichols

George Roch

William Trent

Hugh Graham

Joseph Pidgeon

Joshua Carpenter

John Moore

Robert Quarry

….Besides these there were several others who contributed small sums, whose names to avoid being tedious, I forbear to mention. (John Frogg, certainly must have been on the list)

This church is 50 feet long and 30 broad. Its materials are Brick covered with Cedar. It is beautiful of late with a Gallery & a Porch by the diligence & good conduct of the present Church Wardens, Richard Grafton & William Read, mena of real zeal for the honor of Christ and his Religion.

The number of Inhabitants belonging to ths church, or usually frequenting at first, was about twenty Families, which, allowing three to a Family, to attend Diving Worship, amounts to three score.

They were generally low in their condition, but not indigent, having wherewithal to support themselves, but little to spare. The employ and business of such of them as lived the Town was retailing of Goods, Rum, Sugar & Molasses, together with some European Goods. Some enjoyed Posts in the Government, & others got their living by their handy crafts, as Carpenters, Smiths & Shoe makers.

Those of them that had their residence in the County were occupied in clearing & grubbing of Land, in raising of Grain, as Wheat, Rye, Indian Corn, Oats & Barley; in improving their stock, such as Horses, Horn Cattle, Sheep & Hogs.

Few or none of them had estates to support them without being obliged to their Trade Labour & Industry. Their sentiments in matters of Religion – I mean of those who were my first hearers – were pretty uniform & framed upon Church principles. Most of them lived together, like Towns in England, while others, who manured the Ground, lived dispersed, up & down a large compass of Ground, all of them so far distant from any other Church that the healthiest and strongest amongst them could not, without great application & going on Horseback, attend Divine Service there.

Traveling is easy in these parts, both summer & winter, except in the extreme heat of the one & when the Frost breaks up in the other. What renders travelling so easy here, besides the serenity & agreeableness of the climate, is that the people generally make use of pacing Horses, and the Roads are far better than those in England. The present number of Inhabitants, professing themselves members of the Church under my care, are about one hundred Families, & most of them much improved in their Fortunes & conditions, having for the number of people as great plenty of Bread & provision of all sorts, as Beef, Pork, Veal, Mutton & Dung Hill Fowl, as most other parts have in the King’s Dominions, either at home or abroad.

There are seven meeting Houses used by Dissenters, besides a Lutheran Congregation, within the limits of what I call my Parish: whereof four belonging to the Presbyterians, who are generally Schotch Irish, one to the Anabaptists, being Welsh by nation, and two to the Quakers, a mingled generation of English and Irish. So that by a modest computation thee are at least six to one conformist who dissent from the Church of England. The true ground of this surprisingly inequality is that the country was fist peopled with Dissenters, whose number is greatly increased of late, by their having fresh supplies sent them from the North of Ireland. All their Meeting Houses save that at new Castle, where a Dissenting Preacher cannot get bread, are provided with Teachers, who owe their support wholly to the voluntary contributions of their people & their own industry, in planting & farming. They have sufficiency to live, rather than decency in living. There are some private schools within my reputed district which are put very often into the hands of thos who are brough into the country & sold for servants. Some schoolmasters are hired by the year, by a knot of Families, who, in their turns, entertain him monthly, & the poor man lives in their Houses like one that begged an alms, more than like a person in credit & authority. When a ship arrives in the River, it is a common expression with those who stand in need of an Instructor for their children – Let us go & buy a School Master. The truth is, the office & character of such a person is generally very mean and contemptible here, & it cannot be other ways till the public takes the Education of children into their mature consideration.

…There is no settled School Master here, a thing not to be wondered at, since to this time there are no benefactions made or encouragement given to a person of that character by the Government or to my knowledge, by any other considered in a private capacity, the consequence whereof is not to be expressed. The Library here consists of those Books only which were sent to remain in the Parish, by the society for propagating the Gospel, and is now in the hand of their Missionary there.

The number of negroe Slaves in this Parish is, as far as I can compute, about 50, concerning whose Instructions very little care is taken. Some of them are in the hands of Quakers, who leave them to their common principle, the natural light. Others are in possession of Protestant Dissenters, who are so taken with the doctrine of absolute decrees, that no great stress is laid on the outward ceremony of Baptism. Those few that are baptized belong to Churchmen. The truth is, there is a general indifference in Churchmen, as well as in those of other sentiments, to make proselytes of their Slaves, the true cause whereof is the want of zeal in masters, and the untoward haughty behaviour of those Negores who have been admitted into the Fellowship of Christ’s Religion.

…It will be observed that August 11, 1703, is the date given in the above letter (not shown) for the commencement of the building of Immanuel Church, and 1706 as the date of completion. There is a conflict in the testimony as to the time when the Church was built. George Keith in his “Journal of George Keith Missionary” under date of August 1, 1703, Sunday, says, “I preached at New Castle on Hebrews v. 9, and had a large auditory of English and Dutch. They have had a Church lately built, and the Rev. Mr. Ross a missionary from the honorable society, has letly been sent them.” And the Rev. John Talbot writing to Mr. Gillingham from Virginia, may 3, 1703, says ?? “ The Governor of Virginia is building several more churches. Two at North Carolina, where we are going next week, and one at New Castle where in all appearance we shall have a considerable congregation of Christian people. The place is very well planted for trade, both by sea and land. It being almost midway between Philadelphia and Maryland upon Delaware River, where God willing, I intend to spend some labor and pains.” So here, including

Mr. Ross’ letter, are three apparently reliable statements, yet each differeing. One fixing the date of commencement of work as August 11, 1703; another the completion before August 1^st of that year, and the last showing that the work was in progress May 3^rd of the same year.

The Life of George Read” by William T. Read, Esq., says that he arrived in New Castle in 1703, which arees with Mr. Keith. But on February 24, 1704, the same Mr. Keith wrote to Rev. Mr. Bray that “at New Castle, 41 miles from Philadelphi, there is at present no minister; they had a Presbyterian minister called Wilson, but he has been gone about half a year. Could a minister of the Church of England be sent them, it is thought they would gladly receive him, and it would be of mighty service for advancing the Church in this province, it being, as it were, the Frontier”…

Other authorities fix the time of the arrival of Mr. Ross in 1705, and this is probably correct; at all events it is certina that he was in charge in that year, not leter than August, as Rev. Mr. Evans wrote to Mr. Stubbs under date of August 23, 1705, “Just now I received another favor by yours of 18^th April, by Mr. Ross a missionary to New Castle, with Mr. Crawford to Dover Hundred”. And he is named among those who were present at a meeting of the clergy at Burlinton, Nov. 2, 1705.

At the time of the arrival of Mr. Ross and for some years thereafter a large number of the congregation were from the country, many “coming twelve miles” from the locality where St. James’ Church now stands, near Stanton. Among the first vestrymen was on James Robinson, who was afterwards a liberal benefactor of St. James’ Church. There was a large settlement of Church of England people in that neighborhood who attended church at New Castle and as the only means of progress from place to place in those days was either on foot or on horseback, the good people were indeed earnest and zealous Christians to attend so regularly the services at the distant Church. The two following letters from Mr. Ross to the secretary of the Society contain interesting information:

…The congregation here is not

Pg. 108

On June 1728, the several pews in the Church with the names of their holders were recorded in the Minutes of the Vestry as follows:

Col. John French

William Battels

Immanuel Church Baptisms pg. 181

September 23, 1715, infant, Sibylla, daughter of John French, Oct 3, 1715

1719
Infant, Avice, daughter of John French, January 22

1723
Infant, Mary daughter of Capt. William Battell, October

Marriages

License. Robert Gordon and Mary French, February 17,1714-15

May 12, 1715: License. Thomas French and Susanna Parradeee, both of Kent County, were married in the Church in the said County

1716: License. Baldwin Johnson and Jane Dyer, Oct, 25

June 19, 1718 License William Battle and Parnel French, June 19, 1718

Register of Burials

“A Register of Burials in Immanuel Church and Churchyard at New Castle upon Delaware, begun in May 1716

May 1716

Within the Church, John Frogg was buried the 12^th February, 1716-17

Burried in the same church yard as grave markers with Benjamin Franklin’s inscriptions

Burried with George Ross signer of Declaration of Independence

George Read Member of the Congress of the Revolution, The Convention that framed the Constitution of the United States and of the first Senate under it, Judge of admiralty, President and Chief Justice of Delaware and signer of the Declaration of Independence

Scots Revised Reports

Morison's Dictionary of Decisions
Feb 1908; Edinburg

it appears, from a variety of instances, that children have been served heirs of provü
to their parents who were only invest in liferent, and their heirs to be procreated i
their body in fee.

According to Virginia Colonial Abstracts pg 294, on 20 Sept 1707, James Puckle notary and Tabellion dwelling in London issued Power of Atty of George Purvis of London mariner to Capt. Charles Smithy of Rappa River in VA mercht to collect a/c from Coll John Battles of Rappa River, also from the widdow of Maj'r David Gwynn of Rappanhannock River" and others.

According to Families of Smith The William and Mary Quarterly, Vol. 9, No. 1 (Jul., 1900), pp. 42-47 doi:10.2307/1914845William and Mary Quarterly, Elizabeth Smith, daughter of John Smith, Esq. married Captain John Battaile of Essex County, VA.

In the next place, when the special circumstances that attend this case are t*
sidered, it is by no means probable the granter designed to restrict her grandsons a
the other children named to be liferenters, for the love of whom it is said the deed ч
made, and that she intended to give the fee to their children who were then unboi
2dly, She dispones to them very near in the order they would have succeeded to her!
law ; which therefore ought to be more extensively interpreted in favours of tl
heirs at law. 3dly, If she had intended to have given them a bare liferent. she woj
have added the word " allenarly " ; without which, in such settlements, it importai
usus fructus causalis. Besides, several absurd consequences would follow ha
supposing the fee to be lodged any where else than in the person of Robert Frog ; 1
make out which, the case was put, that he had died leaving issue of his body, who Ы
established the fee in their person ; and that, thereafter, they had failed, wherebr Ú
substitution in favours of James in liferent and his issue in fee, came to take pka
how could James make up a title to the liferent ? It is unknown, in law, th»t|
Uferen ter should serve heir to a fiar ; and yet, it is believed, he could not come all
otherwise. 2dly, Suppose none of the substitutes had children, and that the dispoce
had left creditors who wanted to affect her lands, they behoved to have adjudpad
not from Robert or the other substitutes, if they were liferenters, but from the da
poner's remoter heirs at law ; nay, even the creditors of these remoter heirs conJd
while there were no nearer heirs existing of the body of these substitutes, adjadfi
the lands for their debts ; since, if the property is supposed to be devolved 011 them,
nothing could hinder their creditors to affect it ; all which are consequences, neithe
tenible in themselves, or any ways consistent with the meaning of the settlement
To these arguments, it was answered for Robert Frog's Children—The maxim;
that a fee cannot be pendent, is, like most other rules in law, subject to exceptions;
and so many have occurred, that it scarcely merits the name of one, as appee [
4265] from the following decisions, 22d February, Bruce ; 4th February 1726. Sr
Edward Gibson (voce PRESUMPTION) ; 22d February 1724, Douglas. Besides, the cae
of an hœreditas jacens is likewise an instance that a fee may be pendent ; but, grant»
the brocard should take place, it does not apply to the present question, seil. Whetie
a disposition to a person in liferent of a certain subject, is to be explained a dispositwe
in fee, contrary to the plain and obvious meaning of the words, which imports nebte
of a quite different nature. As to the quotations referred to, they do not сопи Щ
to the point in dispute ; for the passage from Lord Stair does not speak of infeftmentt
taken to parents in liferent, but of infeftments in general to parente, without adjecti«
of the words " in liferent." And it is true, in such a case the parent is fiar, Ьесаи*
there is nothing to limit the right ; but it is otherwise when the words " in liferentB
are adjected ; for then the right cannot be extended beyond the restriction. Neithe
is what Sir George M'Kenzie observes any ways applicable ; for the question that ta
determines, is not of a disposition made to a father in liferent, but of a dispositioe
made by a father to children nascituri ; which, he say, imports only a destination, not
a present right denuding the father ; which is true, but nothing to the purpose. All1'
as to the quotation from Dirleton, he gives no opinion on the question stated, tat j
rather seems to think the fee would belong to the children ; though, for making this
the clearer, he says, it would be better to take the right in trust in the father's persoi
for the behoof of his children. 2dly, No argument can be drawn from that case to th»
present ; as a sum in a contract of marriage is understood to be given ad sustinad*
onera ; therefore it ought to receive a more benign interpretation in favours of tb*
father, than when the deed is a pure donation, such as the present. Neither is tk
instance of children's having served heirs to their fathers, who were only infeft ¡я
liferent, of any avail ; seeing the opinion of an inquest can have no weight in d«ter-
mining a point of law ; especially when it is considered, that the design of serving, »
only to cognosce the propinquity. With respect to the particular circumstanc«
condescended on, they are of no force to induce a construction contrary to the uatonl
and legal import of the words ; for, as to the first, The disposition not only proceedi
on the narrative of love and favour, but for other good causes and consideratioK ;
the import of which is, that, as the two grandsons were infante, and her second son и
Pensylvania, of whose return she had no hopes ; therefore, it is probable, her intentiotion to secure the succession of her

daughter Elizabeth; yet so as to those who by the ???se of law, fell to succeed, should have the benefit of a liferent, and their children

??fee; with a view to which, th deed was devised in the manner it now appears, ??reby none of the other heirs could

prejudge the succession of her daughter who the dilecta persona. As to the second, it is true, that, when the succession is

??ed in the legal order, it is reasonable to interpret clauses favourably; but then ?? favour is not to be used to wrest words contrary to their ge-(4266) nuine meaning. The third, There was no necessity to add the word "allenarly" in order to ascertain import of the

word "liferent;" the simple expression of disponing in liferent ??nded the fee, especially when the fee is expressly given to others. In the last

?e, as to the absurd consequences which, it it pretnended, would follow from sup??ng the fee not to be lodged in the person

of Robert Frog, it is answered to the ??. That the different grants of the different liferents are not substitutions to the ?? liferent, but new grants of liferents; and therefore there was no necessity to make any title to the prior leferenter, but only to prove that the former

liferenter was ??d, and that the condition of the second leferent existed. To the second, The ??tuitous deed of the disponer would not

prejudge her creditors, seeing they might ?e adjudged the fee from any who was next heir

The Creditors replied, That, if there is any rule of law that can be said to hold
versally and without any exception, it is, that the property of a subject cannot be
dent, but must necessarily belong to some person ; neither do the decisions re-
red to on the other side prove the contrary : For, as to the first, it has been since
ir-ruled by the decision 2d January 1708, Lord Montstewart, voce SUCCESSION.
d, in the other two cases, the reasoning on both sides plainly supposes the certainty
that principle ; neither is the instance of an hœrediias jacens an exception, seeing the [
tarent heir sustinet personam hceredis even before his service, he having the jus
reditatis delatum from the moment of his predecessor's decease, although a service
Mcessary to complete his titles. With regard to the answers that have been made
the opinions of our lawyers, they are noways satisfactory ; for, as to the passage
oted from Lord Stair, it is probable that he supposes the case where no more is
fen in express terms to the father than a liferent ; because, if the fee were given
him, it could not be the subject of a doubt. And Sir George Mackenzie's authority
iirectly in point ; for the reason why a disposition by a father to his children nasdturi
íes not denude him of the fee, is, that they are incapable to take it, on account of
eir not existing at the date of the deed ; which applies directly to this case, as the
ildren were not in being when the disposition was made. It is also obvious from
irleton's opinion, that he did not think the fee could be taken directly to children
ittttart* ; and therefore he proposes to vest it in the father for the behoof of the
lüdren, which there would have been no occasion for, if it could have been done
rectly to the children themselves. In the next place, as to the conjecture, that the
sttlement was intended to secure the fee to Elizabeth, it is without any manner of
nmdation ; as there is not a clause in the whole deed from whence the disponer's
rœdekctto of her can be inferred ; and, if the granter's own word is to be credited,
ebert is the prcedelecta persona, and Elizabeth the least delecta of them all. Neither
re the absurdities that naturally follow from the construction of this settlement by
ie children any ways removed ; for, as to the first, the continued succession of life-
inters making up no titles by service, but only by a proof of the death [4267] °f the
jrmer liferenter, and the existence of the condition of the second liferent, is a novelty
aknown in law, and without any foundation in the analogy of law. And, as to the
econd, there is no sort of answer made to it. to secure the succession to her daughter Elizabeth ; yet so as those, who, by the se of law, fell to succeed, should have the benefit of a liferent, and their children Fee ; with a view to which, the deed was devised in the manner it now appears, reby none of the other heirs could prejudge the succession of her daughter who the dilecta persona. As to the second, it is true, that, when the succession is ed in the legal order, it is reasonable to interpret clauses favourably ; but then i favour is not to be used to wrest words contrary to their ge-[4266]-nuine meaning. he third, There was no necessity to add the word " allenarly " in order to ascertain import of the word " liferent ; " the simple expression of disponing in liferent uded the fee, especially when the fee is expressly given to others. In the last e, as to the absurd consequences which, it is pretended, would follow from sup- ng the fee not to be lodged in the person of Robert Frog, it is answered to the i, That the different grants of the different liferents are not substitutions to the ¡ liferent, but new grants of liferents ; and therefore there was no necessity to make my title to the prior liferenter, but only to prove that the former liferenter was d, and that the condition of the second liferent existed. To the second, The tuitous deed of the disponer would not prejudge her creditors, seeing they might « adjudged the fee from any who was next heir.
Duplied for the Children ; That, if this case was to be determined by a jury, agree- .
ble to the practice of other countries, there can be no doubt but the verdict would «
in the very terms of the deed, " That Robert Frog has the liferent, and his children
he fee " : for the whole of the arguments advanced by the creditors are founded upon ;
his, that a fee cannot be pendent : As to which, it may not be improper to observe, ¡
bat, if the disposition had been to Robert Frog in liferent allenarly, it would not
lave been pretended that he was fiar ; and yet there is not one single argument drawn
from the pendency of the fee in the present question, but what would have applied
with equal strength to that case ; therefore it must be evident, that either their principle
is ialse or misapplied. At any rate, it is a maxim that does not hold universally.
Thus, for instance, by the civil law, Venter mittebatur in possessionem propter spem nascendi, which would not have taken place

if the brocard had obtained universally, But granted it was a rule, it does not concern the present question; for, in law, it is common

to give dispositions and legacies under many different conditions; during the pendency of which, the disponer, or his heir, is fiduciary fiar. Now, to apply this to the point in issue: Suppose there had been no provision of leferent to Robert Frog, it is plain, that the disposition, though pure, would have resolved into a condition, viz. if Robert Frog had children; and, during the pendecy thereof, it is a ??admitted that the fee was pendent, it must have remained with the idsponer and her heirs at law, fiduciary, for the the behoof of the children, when the should exist. Nor??? it vary the argument, that the liferent is disponed to Robert Frog; for tantum ?? cessum, quantum scriptum

The Lords having considered the right granted by Bethia Dundas to Robert M
her grandson, found, That thereby a right of liferent was only established ia fl
person of the said Robert ; and therefore, that the creditors of the said Robert have*
interest in the price. nascendi, which would not have taken place, if the brocard had obtained
But, granting it was a rule, it does not concern the present question ; for, ш k common to give dispositions and legacies under many diSerent conditions ; the pendency of which, the disponer, or his heir, is the fiduciary fiar. Now, u> this to the point in issue : Suppose there had been no provision of liferent to Robert Frog, it is plain, that the disposition, though pure, would have resolved into a «¡Jm tion, viz. if Robert Frog had children ; and, during the pendency thereof, if it is Л admitted that the fee was pendent, it must have remained with the disponer aoifl heirs at law, fiduciary, for the behoof of the children, when they should exist. Nora(| it vary the argument, that the liferent is disponed to Robert Frog ; for. cessum, quantum scriptum. But, on petition and answers, " They found Robert Frog to be fiar," &c.
Fol. Die. v. 1, p. 303. C. Home, No. 1, p. il

The following was taken from

http://archiver.rootsweb.com/th/read/GRAHAM/2006-12/1166612500-05

and needs to be gone through

One of the earliest wills in PA I can find has no apparent connection to my
later Hugh Graham. It seems suggested from this will that this Hugh was
unmarried but may have been related to a Doctor Thomas Grame/Graeme.

This does seem like a notable person who may be found in historical records,
and he seems to leave clues to possible origins in Anstown of Dunsyre, or
Edinborough, Scotland:

GRAHAM, HUGH. City of Philadelphia. Practitioner of Physick and
Surgery. October 27, 1731/2 (?). November 26, 1731. E.175. Children of
Doctor Thomas Grame. Children of Mr. George McCalb. Rev.
Archibald Cummings, of the Church at Philadelphia. Landlady: Ann Wood
and Daughters, Ann and Elizabeth. Friends: Mary Dwadyhouse and
Children. Building Church of England at Philadelphia. Parish Church
of Dunsyre, Scotland. Children of John Graham in Anstown of Dunsyre.
Cousin: Andrew Black, Edenborough, Scotland. Samuel McCall, Glasgow,
Scotland. For Poor People of Dunsyre. Exec. for Estate in Scotland:
Samuel McCall. Robert Watts of Barbadoes. Witnesses: Archa. Cummings,
Alexander Annard, Charles Brockden.

Hugh also appears as a witness to a will of William Shippen on February 1,
1730/1. I have notes that he's referenced as early as 1699 but can't find
that reference. He's cited here dating back to 1708:

O'LASH, HUGH. Philadelphia.
September 15, 1708. September 30, 1709. C. 175.
Brothers Dennis, Cornelius and Daniel. [See ante No. 116]
Executor: Friend Thomas Tresse.
Witnesses: Elizabeth Grier, Hugh Graham and George Tankersley.

PASCHALL, THOMAS. Philadelphia. Pewterer.
September 12, 1716. September 18, 1718. D. 101.
Children: Thomas and Mary. Grandchildren's names (twenty-one) not
given. Executors: Henery Flower, Henery Badrock, Benjamin Paschall.
Witnesses: Hugh Graham, Edward Foy and Henry Stevens.


CLELAND, JAMES. Philadelphia. Merchant.
October 15, 1719. October 19, 1719. D. 136.
Mother Margaret Cleland. Thomas Withers or Thomas Harrison of Barbados,
Colonel John Moody, late governor of Placentia mentioned.
Executors: Brother William and Thomas Harper of Barbadoes, merchant.
Executor for Pennsylvania: George McCall, Philadelphia, merchant.
Witnesses: H. Graham and William Assheton.


LOWDON, HUGH. Philadelphia. Merchant.
January 21, 1722. May 6, 1723. D. 355.
Also to the two latter Executors with Charles Brockden, gentleman, in
trust Robert Grace, grandson of wife Constance. Thomas Gamble, son of
sister Helen, apprentice to Thomas Stapleford, joiner, and William
Gamble his brother. Peter Wishart, tallow-chandler, Richard Ormes,
Radnor Township, Chester County, Rowland Ellis, Senior, Katherine
Burthen, widow, Mary sometime wife of Thomas Davis, Sarah wife of
William Herne. Dennis Cunrad and Issac and Peter Shoemaker of
Germantown. Richard Townsend. John Bird, Robert Hinds; John Gregory
(from whom testator bought estate in Bellingsport, Gloucester County,
West New Jersey.) Sarah Hall and Clement Plumsted (from whom estate in
Salem County, ibidem). John Blimston, John Townsend, brother of
Richard aforesaid. Executors: Wife Constance, friends Hugh Graham,
practitioner of physic and Charles Read, merchant.
Witnesses: John Jones, Richard Redman, William Fisher, Jr., Charles
Brockden and Ruth Burden.


Dr. Thomas Graeme appears in another will so he appears to have still been
around in Philadelphia in 1754:

ANNAND, ALEXANDER. City of Philadelphia. School master. May 1, 1752.
September 23, 1754. K.197.
Beneficiaries: Elizabeth Annand, Inverness, Scotland; Ann and Barbara,
daughters of sister Ann; nieces Jane and Betty Graeme, daughters of Dr.
Graeme; Isabel McCall, daughter of Samuel McCall; James, son of John
Leech; Rev. Mr. George Craig; Rev. Colin Campbell; Mrs. Graeme
Tillotson; Alexander, son of Rev. Mr. Curry of Radnor; Samuel McCall
Sr., merchant of Philadelphia and Mrs. McCall; Alexander Annand.
Sisters: Ann and Barbara. Exec: Samuel McCall and Charles Stedman,
merchants of Philadelphia. Codicil: August 3, 1753.
Additional Beneficiaries: Mrs. Graeme, Mrs. Ann Stedman, Rev. Dr.
Robert Jenney and William Harper (Edinburgh). The will and codicil
were admitted to probate on September 23, 1754 upon the affidavits of
Rev. Dr. Jenney, Dr. Thomas Graeme and Daniel Roberdean, who testified
that they believed the signatures thereto were in the handwriting of
the testator.

Some other early wills offers Graham connections:

QUARY, ROBERT. Philadelphia. Gentleman.
December 23, 1706. May 11, 1713. C. 345.
Sarah Elliott. Mrs. Margaret Tench. Thomas Tresse. Daniel Graham of
Queens County, Ireland.
Executrix: Wife Sara.
Witnesses: James Logan, Josiah Rolfe, John Moore and Thomas Tresse,
Jr.

That could be this Daniel:

GRAHAM. DANIEL.
May 2, 1745.
Adm. to Walter Stewart.

Some other early Graham related wills:

GRAHAM, WILLIAM. Philadelphia. Merchant.
----. December 24, 1737. F.58.
Wife and Exec: Martha. Stepdaughter: Martha Golsen. This will is
without date and unsigned. Upon the affidavit of William McKnight of
Philadelphia it was admitted to probate on December 24, 1737. He
having testified that the Testator died suddenly before the execution
thereof.

Another early Philadelphia will book reference points to a Graham with
Maryland origins but also offers no clues to children:

GRAHAM, THOMAS. Late of Annarundell Co., Maryland. Merchant.
May 20, 1710. June 21, 1710. C. 212. Phila Co.
Samuel and Sarah children of William Fishbourne. Proved at Annapolis,
Maryland. Executor: William Fishbourne of Philadelphia., merchant.
Witnesses: Amos Garret, Thomas Macnamara, Evan Jones, John Michiel and
Margaret Macnamara.
 

O'LASH, HUGH. Philadelphia.
September 15, 1708. September 30, 1709. C. 175.
Brothers Dennis, Cornelius and Daniel. [See ante No. 116]
Executor: Friend Thomas Tresse.
Witnesses: Elizabeth Grier, Hugh Graham and George Tankersley.
 

SHIPPEN, WILLIAM.  City of Philadelphia.  Merchant.
February 1, 1730/1.  February 9, 1730.  E.144.
Brother: Edward.  Uncle: Johua Emblen.  Cousins: Samuel Emblen, John,
Ann, Samuel, Mary and Adam Rhodes, Sarah Bryant, Sarah and Samuel
Powell Junr., Ann Phillips, Ann Willing, Edward, William, Joseph and
Margaret Shippen.  Aunt: Rachel Gatchell. 
Exec: Saml. Powell Junr.
Wit: Hugh Graham, Daniel Radley, Saml. Powell, Israel Pemberton.

Scottish Covenanters Index
about GRAHAM, Hugh

Passenger and Immigration Lists Index, 1500s-1900s
about Hugh Graham

The earliest mention of Anthony Palmer that we have been able to find is a letter written by Anthony Palmer & Company, Barbados, in the West Indies, to Mr. Paul Carrington, dated April 25, 1703, regarding the re-loading of a sloop with hogs, tobacco, pitch and tar in Virginia and to be returned to Barbadoes (York Co. Va. Deeds, Vol. p.)

The next mention of Anthony Palmer was in a deed in the year 1704 from George Lillington of the Parish of St. Thomas, Barbadoes, to Anthony Palmer of St. Michaels Parish, Barbadoes, merchant. This deed conveyed to Palmer a number of lots, amounting in all to 582 acres, in the Shackamaxon section of Philadelphia, which were bought by Lillington from the Swedes. The consideration named in the deed was 500 pounds Barbadoes money. (Vol.E-3, pp. 490, 498, Phila. Co.)

The next mention of Anthony in Philadelphia is in the will of John Hunt of that city, dated Oct. 7, 1706, in which he mentioned three children of Elisabeth Palmer, all under age, naming them as John, Elisabeth, and Rebecca, and in his will he made the request that he desired to be interred in Philadelphia at the direction of his kinswoman, Elizabeth Palmer, and he appointed Anthony Palmer his Executor for Pennsylvania ( Vol. 3, p. 85, Md. Cal. of Wills). We have no information regarding the husband of this Elizabeth Palmer, but it is quite evident that he was closely related to Anthony Palmer, and probably was a brother who had died before Oct. 7, 1706, and that his widow was a sister of John Hunt.

It is believed that Anthony Palmer then came to Philadelphia about the year 1704 or soon thereafter. On Oct. 17, 1707, he was a witness to the marriage of an Elisabeth Palmer to Clement Plumsted.

On Feb. 10, 1709, Anthony Palmer was admitted to a seat in the Provincial Council of Pennsylvania and continued as such probably until his death. On the resignation of Lieut. -Gov. George Thomas, who left Pennsylvania in May, 1747, the executive branch of the government of the Province and of the Territories on the Delaware devolved upon the Council, m of whom Anthony Palmer was the oldest member in term of service. He, therefore, accordingly became head of the Colony of Pennsylvania under the title of  President of the Council, and continued as such eighteen months. As his health for a long time had been very feeble, he was superceded in Nov., 1748 upon the arrival of James Hamilton as Deputy-Governor.

From The time of his arrival in Philadelphia he was engaged in mercantile business as a resident of that city, and for some time he was a County Justice. he attended Christ Episcopal Church in Philadelphia and was a vestryman at various times from 1712 to 1731.

In addition to the land that he had purchased from George Lillington in 1704, he bought a large tract from Robert Fairman and others and called it Hope Farm. He sold this property in 1729 to William Ball, among whose heirs a division was made in 1755, but the greater part continued long afterwards in possession of the Ball family and was well known as the valuable Ball Estate. On Jan. 27, 1730, Anthony Palmer bought 191 acres from Robert Worthington at a place called Shackamaxon, which at one time was the property of Robert Fairman, lying on the south of Gunner¹s Run, bounded south-west by the present Columbia Avenue, and reaching from the Delaware River across Frankford Road (Vol. F-5, p. 363, Phila. Co.). This plot he divided into smaller lots, which he sold to different individuals, and also opened streets through this plot. he called this section Kensington, and he made the Fairman mansion his residence. This was situated near the north-west corner of Beach and Columbia Avenues. It had been the seat of Lieut.-Gov. Evans. William Penn, about 1708, thought of
securing it for himself with the view of returning to America and living there out of the noise of Philadelphia but in sight of it. It has been
said that palmer lived there in great style, keeping a coach, then a great luxury, and also a pleasure barge, so-called, in which he made his visits by way of the Delaware River to the city.

We have no record to show the ancestry of Anthony Palmer. As we said before, he was first found in Barbadoes as a shipping merchant. However, it is very certain that he was born in England and probably about 1675. His first wife was Thomasine Baker [this should read Dodd, Wilbur made a mistake confusing the father with the son who married a Baker woman), whom he married in Barbadoes and who was buried in Christ Church, Philadelphia on may 17, 1745.

Anthony died in Philadelphia and was buried in Christ Church on June 2, 1749. His will is dated May 29, 1749 and probated June 10, 1749, in which he spoke of himself as residing in Kensington, near Philadelphia, and mentioned his wife Catherine, daughters Thomasine Keith and Elizabeth Palmer, grandson Samuel Palmer and granddaughter Elinor Berkeley, and appointed his friend Charles West Executor [19]

A Register of the Scholars Admitted Into Merchant Taylor's School: From A. D ...

 By Merchant Taylor's School, Charles John Robinson

Robert French, third son of Thomas, clerk, b. at Saham-
Toncy, co. Norfolk, 3 April, 1644.

See this book - it has all wallaces and Grahams to 1500's

Lives of the Scottish Reformers

 By Thomas M'Crie, William Veitch, James Wallace, James Ure

John Tod, Jacobite captured at Preston, transferred on 30 Mar 1716 from Liverpool to Antigua on the ship Scipio, master John Scaisbrick John Todd, medical practitioner in Jamaica, FRCS Endinburgh 1753, MD of Marischal College Aberdeen 1792. [14].

THE TODDS, OF KING AND QUEEN.
Exactly at what time the ancestor of Hary I. Todd
came to Virginia, is not certainly known. He had a large
grant of land direct from the crown. In the eighth volume
of Henning's Statutes, page 631, may be found an act
of the general assembly, of date February, 1772, docking
the entail of the estate of William Todd, "gentleman."
It recites that one " Thomas Todd, formerly of the county
of Gloucester, gentleman, was in his lifetime seized of a
considerable estate in lands, and, among others, of a large
and valuable tract lying on the Mattapony river, in the
county of King and Queen, and of another tract, containing
about one thousand acres, lying on the Dragon swamp,
in the parish of St. Stephen, in the said county of King
and Queen." In his " deed poll," dated 16th of March,1709, this Thomas Todd granted to his son, " William Todd, and the heirs of his body, begotten of Martha
Vicaris, his intended wife, five hundred acres, part of his
said tract on the Mattapony river;" and by his will, of
date the 4th of March, 1723, the same Thomas Todd bequeathed
the tract on the Dragon Swamp to his sons,
Philip and Richard Todd. By the deaths of Philip and
Richard without male heirs, the whole of this estate became
vested in the above William Todd, son of Thomas.
From this William Todd, the elder, it descended to his
grandson by Martha Vicaris—William Todd, of King and
Queen—whose right therein was vested in George Brooke,
William Lyne, Gregory Baylor, John Tayloe Corbin, and
Richard Tunstall, as trustees, to be sold, and the proceeds
re-invested as directed. From an act, on page 57 of the
same volume of Kenning, it is ascertained that the above
William Todd, the elder, died in 1736, leaving daughters,
Dorothy and Betty; grandsons, William Gordon and
Richard Barbour; and sons, Richard and Thomas Todd.
He left a very large estate in the parish of St. Thomas,
Orange county, as well as considerable possessions in King
and .Queen. A large and valuable part of this property he
bequeathed to his eldest son, Richard Todd, who was the
father of the above William Todd, grandson of William
the elder, in whom the entail docked in the first statute
above mentioned had vested. This Richard Todd's wife
was Elizabeth Richards, a woman of great energy and good
intellect; William Todd, whose entail was docked in 1772,
was their oldest son, and the noted Judge Thomas Todd,
of Kentucky, their youngest. The latter is stated by Collins
to have been born in King and Queen county in 1765.
His father died when he was a child; his excellent mother
soon followed to the grave. Thus orphaned at an early
age, by his guardian he was afforded opportunities for obtaining
a good English education, and the foundation of
one in the classics. By the embarrassments of this guardian,
he was, while still a boy, thrown upon his own resources.
For a short time during the closing days of the
Revolution, he was in the army. Invited to become an

The Estill's were Protestants from Province, France who fled to Holland after the massacre of 1572. The name is d'Estelle. In the fall of 1664 three brothers, William, Daniel and Thomas Estell came to New Jersey. Thomas married a Wallace in 1670. Hi son John was the father of Wallace Estill, born in New Jersey in 1698. Wallace settled in Bullpasture in 1746, but in 1773 moved to Indian Creek, New River, now Monroe County, West VA. he died in 1792. His first wife was childless. His second wife was Mary Bonde who had six children: bonde, Benjamin, Bebecca, John, Susannah and mary. His third wife was mary Ann, daughter of John Campbell, a girl of seventeen years old. He was then fifty. There were nine more children, one of which was Issac Estill, born 8 April 1766 who married Elizabeth Frogg, granddaughter of Thomas Lewis.

Kegley's Virginia Frontier: The Beginning of the Southwest : the Roanoke of ...

 By F. B. Kegley

The New England Historical and Genealogical Register

 By Henry Fritz-Gilbert Waters

His father, William Battell, sen., was born in Dedham, Mass., in the part now Dover, Aug. 12, 1748, and was of the fourth generation in descent from THOMAS BATTELLE, who became a townsman of Dedham in 1648;—his father being John, born 1718; his mother, Mehitabel Sherman, of Woburn ; his grandfather, John, born 1689, whose wife was Abigail Draper; his great-grandfather, John, born 1652, whose wife was Hannah Holbrook. This was the oldest son of Thomas Battelle, of Dedham, who married Mary Fisher in 1648. He may have been from an English family of the name in Essex, England

Wills, Sentences and Probate Acts: 1661-1670 (inclusive) Arranged and ...

 By John Harold Morrison

Old Churches, Ministers and Families, Vol. II, Article LXV, Dettingen Parish, Prince William County, Virginia; pg 215:

At Quantico Church, Mr. Thomas Machem or Mitchem, John Peyton, Jeremiah Moore, lay readers. The following are the names of the vestrymen of this parish during the fifty years of its recorded proceedings: - Peyton, Rearser, Butler, Deskin, Linton, Renno, Blackburn, Furguson, Ewell, Seale, Grayson, Baxter, Wheatlige, Fouchee, Rust, Roussan, Crump, Frogg, Harrison, Wright, Bullett, Wickliffe, Bell, Copedge, Thornton, Elsey, Betty, Eustace, Blackwell, Waggener, Nisbett, Kennor, Tibbs,

According to Leeds Parish Registers on April 22, 1673, John Frog married Elizabeth Bolton, of Beiston [??, pg 91]

1681-2 February 14, Sarah, Child of John Frog of Beiston, baptism at church, born 31 January. The Publications of the Thoresby Society - Page 91

.

Sketch of Early Ecclesiastical Affairs in New Castle Delaware
and History of Immanuel Church

The colony of New Castle was first settled by the Dutch. The Swedes had claimed dominion over the locality, which they called Sandhuken, but there is no good evidence that they had made any settlement there. The first settlement of the Dutch on the South or Delaware river was at the mouth of Timmerkill, now within the limits of the City of Glouchester, New Jersey. They built a for, which was called Fort Nassua, as early as 1623. After the arrival of the Swedes in 1637, the authorities at New Amsterdam (New York) began to realize that they established their post too far up the river, and in view of the fact that the Swedish power was rapidly increasing, determined, that to hold their own, it was necessary to take a position below the Swedes, and thus command the river and the approach to the settlement. With this object in view, Stujvesant, the Dutch Director.

Christiana was originally a fort prior to 1661. Two miles from Fort Casimir, up the river, stands another for named Christiana which was also taken at the same time by our people and the preacher, together with the Swedish garrison, was sent away. But as many Swedes and Finns to the number of at least two hundred were dwelling two or three miles up the river above Fort Christina, the Swedish Governor insisted in the capitulation that one Lutheran Minister should be retained to instruct the people in their own tongue. This their request was too easily granted. First, because trouble had broken out at Manhattan with the Indians, and men required quick dispatch, and to hasten back to Manhatan to repair matters there. Second, because we had no reformed preacher to establish there or wo understood their langueage. Now this Lutheran Parson is a man of a godless and scandalous life, a rolling, a rollicking, unseemly carl, who is more inclined to look into the wine-can than to pore over the Bible, and would rather drink a kan of brandy for two hours than preach one, and when the sap is in the wood, then his hands itch, and he becomes excessively inclined to fight whomsomever he meets. The commandant at Fort Casimir,

Another reason for John's arrival in New Castle was to strengthen the Church of England's interest in that part of the colony. He was sent as a warden of Christ's Church [12].

At the beginning of the Eighteenth century there was another revival in religious matters in the colonies and new life came in the Church of England. This was brought about by several causes. First, was the schism which had been created some years before among the Quakers, by George Keith, who had been a teacher and preacher, but had rebelled against certain of their doctrines, and having been ordained a clergyman of the Church in England, he returned at this time and by his preaching awakened great interest in the church. Second, the accession of Queen Anne to the throne, who was always zealously devoted to the Church in England. Third, the organization of the “Society for propagating the Gospel in Foreign parts,” to which the Protestant Episcopal Church in New Castle, as well as in all America, owes so much; and last but hardly least, to the untiring zeal of Gov. Francis Nicholson, then of Virginia. Among many testimonies which can be found to his large share in the good work of these time, is a letter from Geo. Keith, February 4, 1703, in which he says, ‘in all these new erectings of churches in these northern parts Gov. Nicholson has largely contributed, and is a mighty promoter and encourager of them by his letters and advice as well as his purse.”

The London Society for propagating the Gospel was organized in 1701, mainly through the efforts of Rev. Thomas Bray, earnestly supported by Gov. Nicholson in the colonies, and many good men in England. Soon after its organization the Society began to send over missionaries and gave assistance to clergyment already in the field. The people of New Castle in 1703, if not earlier, sought assistance form the source, and in response to their earnest desire a missionary was sent to them in the person of Rev. Georoge Ross. The following is an historical sketch of the church for a few years after the arrival of Mr. Ross. The sketch is by no menas complete bu it is interesting so far as it goes, and will be a ground work upon which can be erected a full history of the years embraced in it by details derived from other documents.

The aforementioned Major William Dyre who sold the land to John and Mary Frogg was collector of the Kings customs and a Virginia tobacco planter who owned 700 acres in South Farnham Parish, Essex Co., Virginia. The minimal taxes that existed were rarely collected. When William Dyer arrived from England in 1685 to collect the King's customs, he was ignored for the most part, and was shocked to find that no one paid any attention to the Royal Navigation Acts. Back in England, William Penn began to worry that his proprietary charter might be revoked by the Crown if his colonists did not comply with British law.

Rothbard's magisterial 4-volume history of the Colonial period of the United States, Conceived in Liberty.

...A bit of government came in 1685, in the person of William Dyer as collector of the king's customs. But despite the frantic urgings of William Penn for cooperation with Dyer, Pennsylvanians persisted in their de facto anarchism by blithely and regularly evading the royal navigation laws.

William's neighbor John CHEEK was the witness of William DYER's will.  William DYER's will directs that "My land lying in the fork joining upon John CHEEK's Spring Branch be not cleared or any timber flattened during my children's notage."  [11]. This land can be seen at the green arrow in the map below. This area would soon be settled by the descendents of John Frogg.

Transactions and Collections of the American Antiquarian Society;  

William Robinson, of Dorchester is continually mentioned in the records of that town, where he was a well known citizen. He came over in 1636, and was admitted freeman in 1642. 

Thomas Robinson of Boston mariner for 40 sells unto Thomas Witherley mariner One barke called the Speedwell [footnote same page; “Whether the “Speedwell”, of pilgrim fame, lasted out forty years after being sent back to London as unseaworthy, is a subject which may interest the curious. One Robert Corbin was master of the “Speedwell”, 15 Aug 1637). 

Thomas Witherley is bound to Thomas Robinson. Me Thomam Witherle de Southwarke in Com Surr tener et firmit obligor Thome Robinson in 70t condiconed that if bills of exchange be payd by Mr. Edward Hopkins for 35t then to be voyd. The bills to be payd at 30 dayes. The bill of exchange only passé 

The account of Thomas Robinson mariner concerning the partnership betweene him and John Swinforth ship Carpenter intestate deceased in one barke called the Speedwell May 29, 1640.

8 Sep 1679

 By this Publick Instrument of Procuration or Letter of
Attorney be it Known that on the eighte day of the Month of September 1684 Before me William Scoby Notary and Tabellion Publicke by his Majt: Authority Sworn in London and in the presence of the wittnesses after named personally appeared Mr. Gowen Corbin and Mr. Roger Burrough of London sd Merchants unto me notary well'Known have put and made in their places Mr. Christopher Robinson [1645-1690] of Middx. County In Virginia Marcht. Their Attorney giving unto him full power to enter upon and Take possession of a certain plantation in Virginia and called THE GRANGE lately sold by Robert Smith Esqr. [Major General] now or late of Virginia asose to demand and receive from Mr.THOMAS WILKES and MR. EDWIN CONWAY of Virginia Marchants all and singular Summes of money debts as said Thomas Wilkes and Edwin Conway due and obled to the Said Constituants herby promising to hold for good and vallid all and whatsoever Theire said Attorney shall lawfully doe. In Wittness whereof the said Constituants have Put their hands & seales in presence of me Notary and of Henry Frogg and Jeremy Jenkins Wittnesses: Henry Frogg, Jeremey Jenkins Gowen [Gawin] Corbin [27]

Ely Episcopal Records
 By Church of England Diocese of Ely, Alfred W. Gibbons

20 Jan 1589 [90] Henry Frogge clerk, A.B., inst to the vicarage, vacant by resignation of Cuthbert Norris clerk, S.T.B., on pres. of Trinity College, Cambridge, patrons. [Trinity College at St. Johns]

Christopher Robinson of  Charles County, Virginia can be seen in 1642 witnessing a deed transaction for John Ewens, Jr. along with John Frogg, "The sheriff's" grandfather, Richard Watts. Also witenessing are John Reeves, Mannering Rawboord, Geroge Carter, Richard Greene, Rachell Evans and Thomas Strowd [29]. Christopher Robinson also purchased, with partner, John Sturdevant 600 acres in Henrico County on 23 Feb 1652, "Upon the heads of the Eastern run of Swift Creek known by the name of Mr. Hatchers Run &c., toward the Ashen Swamp, etc." Christopher Robinson [Jr?], born in 1645 at Cleasby in Yorkshire, and elder brother of John Robinson, bishop of London, came to Virginia where he was a member of the Council and Secretary of State. He died in 1690. He was father of Col. Christopher Robinson, eldest son, naval officer of the Rappahannock River and member of the Council, of the John of Urbanna, President of the Council, and Benjamin of "Moon's Mount", Essex County. Christopher [Jr.] married October 12, 1703, Judith, daughter of Christopher Wormely, member of the council from Virginia, relict of William Beverley and before that of Corbin Griffin, both of the same place [28].

Virga, SS, By the Rt. Honble their Majts Lt. Govnr - By this Publick Instrument of Protest, be it known and manifest to all whome the same shall come or hear it read, that in ye day of ye date hereof, being the fifth of July, in ye fourth year of ye Reign of our Soverign Lord and Lady, William & Mry, King and Queen of England, Scotland, ffrance, Ireland & Virga, Anno que Dom, 1692, Christopher Robinson, Esqr., appeared before mee, Francis Nicholson, Esqr., ...alleged at ye Instance and Request of Tho. saywel, and Charter Party of affraightsmt Indented and made the Seventeenth of November, Anno. Dom., 1691...Thomas Saywel, marriner & master undr God of ye good shipp of vessell, called the Stephen and Edward, of London, of ye burthen of two hundred tonnes or thereabouts, and then Rideing at anchor in ye River ye Thames of ye one party, and ffrancis Lee of London, Merchant for & on ye behalfe of Katherine ffantleroy, or Rappahannock river, widow, on ye other part... [28]

...In 1677 he acquired additional land at "Conjurer's Neck" from Christopher Robinson (Ibid, Vol. 32, Pp. 389-391); and in April 1681 he purchased from William Byrd six hundred and fifty-seven acres at Roxdale, a well known farm on the James River in Chesterfield County.

The Conjurer's Neck estate is of course within the bounds of the present Chesterfield County, on the narrow neck between Swift Creek and the Appomattox. A patent of 1635 referees to "the Conjurer's Fields" on the Appomattox; [28]

John Frogg's neighbor, John Graham and fellow sheriff, Bertrand Ewell go to court over construction of a mill on private property. Frogg is witness.

page 324 Order Book 1755-1758 The Sheriff pursuant to an order of this court for viewing an acre of land belonging to John Graham returned the juryus report which is as followeth "Prince Wm s in obedience to the above order I have twelve free and lawfull men of my county they being first sworn been on the land s of John Graham and have diligently examined the lands adjacent there to and also have considered what damage the said John Graham may sustain by means of Bertrand Ewell building a Mill on Quantico Run and do agree that the acres of land where the said Ewell is to erect his millis of value of two pounds three shillings current money and no more. In witness where of as well the Sheriff of the said county as the Jurors have hereunto set our hands and seall the 13th day of October anno dom 1756 John Frogg Robert Wickliff, John Purnell, Thos Highland, Israel Folsom, John Murray, Richd Crupper, Thos Arrington, Jacob Calvert, Robt Hedges, John Cotten, Geo Calvert, thos Davis.

19. [George Washington] Went to Colchester on an Arbitration between McCraes Exrs. and John Graham--no business done.

John Graham (30 Apr 1718--Aug 1787), son of John Graham of Wakenston, Perthshire, Scotland [40], clerk of the Prince William County court, lived on the south side of Quantico Creek near Dumfries. He came to Virginia from Scotland about 1740 and acquired much land in Prince William County, including the tract on which Dumfries was established in 1749 (W.P.A. [1], 94). He married Elizabeth Catesby Cocke, daughter of William Cocke, secretary of state on 14 Dec 1746 [40]. He left issues, two of which are John Graham and George Graham who served under Jefferson, Madison and Monroe.

John Graham first married, Christian Brown (29 Aug 1720 -17 Sep 1742) of "Rich Hills" plantation on 13 Aug 1742 (she died one month later). This marriage made John Graham brother-in law to Michael Wallace who married Elizabeth Brown, daughter of Gustavus Brown and Frances Fowke. . In his will, John Graham stated that his father was, "nearly related to Grahame of Gartur and Orchill, and his wife Margaret Graham*, eldest dau. of John *Grahm, of Killearn, Stirlingshire, Scot'd, Esq. who was heir at law to the estate of the Duke of Montrose, should he be d.s.p"

John Grahm of Killearn was one of 19 children, of whom Catherine married her cousin, John Stewart, of Balmuren, near Belfast, Ireland. (Virginia Genealogies; Brown, of Scotland and Maryland; pg 154-162)

The dispute between Graham and Macrae's executors probably concerned debts he owed Macrae's estate; in Mar. 1771 he entrusted three slaves, some livestock and household furniture, and 200 acres of land adjoining Dumfries to two local merchants to be sold for the benefit of his creditors ( Va. Gaz., R, 28 Mar. 1771). The arbitrators of the dispute, in addition to GW, were George Mason of Fairfax.

Dumfries history began as early as 1690 when Richard Gibson erected a gristmill on Quantico Creek. A customhouse and warehouse followed in 1731, and many others cropped up along the estuary by 1732. The Town of Dumfries was formally established on 60 acres of land at the head of the harbor of Quantico Creek, provided by John Graham. He named the town after his birthplace, Dumfries, Scotland.

John Graham. On jury to div land Saffin and Hull. 29 Nov 1669. 16363.
Jno Signs inv. Tho Shapleigh decd. 29 Sept 1703. 17.11
Jno Will. 2 Mar 1705/6 20 Nov 1706. Of N. Co. To son John [Graham] he under 18. To dau not yet christened but to be called Mary [Graham]. Wife Patience. Wit. Jno Carnegie, John Hull, Thos Hobson. Re-rec 18 Mar 1713/14 by Mr. Richd. Hull.
Capt. John. Apraisal of estate. No exact date shown. Taken by Richd Hull. Includes "To 2 years service of a white hand named Daniel James", "To a sert by nam Matthew Simonds about five years to serve". Re-rec 17 Dec 1712 on motion of Wm. Copedge by his atty Wm. Dare. Mr. Richd Hull swears he appraised the estate.
John. Chooses Mr. Samll Span his guardian. 21 Mar 1716/17
John. His land adj Owne Jones. 10 oct 1718
Mary Graham. Deed of Gift from her mother Mrs. Patience Graham. 18th March 1713/14

John Carnegie. Witness the will of John Graham 5 Mar 1705/6
Virginia Colonial Abstracts, Vol I, Northumbria Collectenea, 1645-1720, A-L; pg 510

William Coppage Re-records land 21 Mar 1710/11. 17.50. Also Re-recs Inv Capt Jno Graham's est. 17 Dec 1712. 17.193. Virginia Colonial Abstracts, Vol I, Northumbria Collectenea, 1645-1720, A-L; pg 516
 

February 23, 1756

Prince William County page 23 Order Book 1755-1757 25 Jan 1756 John Frogg, John Graham, Allan Macrae, William Ashmore, William Ballendine, Nathaniel Overall, Thomas Machen and William Splane acknowledged a bond for the said Froggs  faithfull performance in receiving the pol take in this county accordint to Law and the same was ordered to be recorded ....Thos Harrison Court .

Scots Revised Reports
Morison's Dictionary of Decisions
Feb 1908; Edinburg

The Creditors of ROBERT FROG г;. His CHILDREN. November 25, 1735. A disposition to one in liferent, and the heirs of his body nascituri in fee, found to resolve into a right of fee in the father, who was therefore found entitled to sell the subjects for payment of his debts.
 
The deceased Bethia Dundas (? –Dec 1716) did, for the love and affection she bore to Robert and James Frogs [b. 24 Feb 1697] her lawful oyes, sons to the deceased James Frog her eldest son, and the other persons after named, " Dispone certain houses belonging to her in Edinburgh in favours of the said Robert Frog, her eldest oye in liferent, and to the heirs lawfully to be procreated of his body, in fee ; and, failing of him by decease without heirs of his body; to the said James Frog, [4263] her other oye, also in liferent, and to the heirs lawfully to be procreated of his body, in fee ; and, failing both her said oyes without heirs of their bodies, to John Frog merchant in Pennsylvania, her second son, in liferent, and the heirs of his body in fee ; which failing, to Elizabeth Frog, her daughter, in liferent, and the heirs of her body in fee ; which all failing, to her own nearest lawful heirs whatsoever."

In virtue of this deed, Robert Frog, who, at the date thereof, was about nine years of age, was insest  [to invest with inheritable property]; and having thereafter contracted several debts, in order to pay his creditors, he entered into a minute of sale as to part of the subjects contained in the disposition ; however, before executing thereof it was objected, That the above settlement only conveyed a right of liferent to him, and therefore he had no power to sell, the fee being disponed " to the heirs lawfully to be procreated of his body " ; and, it having been agreed of consent that the same should be discussed, it was urged for the Creditors of Robert Frog, That, wherever a right is granted to a father in liferent, and to the heirs of his body nascituri in fee, the father is always understood to be fiar, if no other restriction is expressed, and his children are only deemed heirs of provision. To illustrate which, it was observed, that it is a principle of law, that a fee cannot be in pendente, but must be settled upon some person existing at the time of the disposition ; the reason of which maxim is, that it would be inconsistent with common sense to suppose a property without a proprietor ; and, if the contrary doctrine took place, many absurdities would follow. Thus, if the dominium directum were allowed to be pendent, the vassal could not be entered ; if the dominiun utile, the superior could not have a vassal ; if the former proprietor had contracted debt, his creditors could not affect it, because there was no person from whom it could be adjudged ; besides several others that might be mentioned. And, as this maxim has been considered as a fixed principle in law, it has followed, that parents, taking rights to themselves, or others settling them upon them with substitutions to their children nascituri, have promiscuously made use of the words " fee, conjunct fee, or liferent " ; because both these, when applied to the parents, behoved to have the same effect ; for, as the children nascituri could not possibly be vested in the fee when they were not in being, the liferent provided to the parent is understood to be an usus fructus causalis resolving into a real fee, as the children were capable of no other right but a succession to the fee after the father's decease ; and, though nominally designed fiars, from the nature of the thing, it could import no more but a provision of succession. And in this manner have all our lawyers constructed such settlements.

Liferent: entitled a person to use another person's property for life. Liferent could take the form of income from a piece of land or be a sum of money paid out annually.

Oye: Grandchildren

Edinburgh, Midlothian, Scotland
family search.org batch file C119782

13 Feb 1670; Edinburgh Parish, Edinburgh, Midlothian, Scotland
Christened: James Frog, son of Alexander Frog and Bethia Dundass (13 Feb 1760 - 2 Dec 1716, age 46)

Edinburgh, Midlothian, Scotland
family search.org batch file C119782

09 Jul 1671; Edinburgh Parish, Edinburgh, Midlothian, Scotland
Christened: Alexander Frogg, son of Alexander Frog and Bethia Dundass, (-d. Dec 1716)
 

Abstract from
Account of the Families
Of
Birnie and Hamilton of Broomhill
By
John Birnie, Esquire
Edited by W.B.D.D. Turnbull, Esq. Advocate
F.S. Scott 

Edinburgh:
Printed for Private Distribution.
M.DCCC.XXXVXXX.

...The aboue John [John Birnie of Bromhill] was born at Carkaverock [Carleverock Castle near present day Glasgow, Scotland] the29th of December 1674: and upon Hansel Monday was baptised by Mr Alexander Cairncross, then minister at Dunfries, thereafter Archbishop of Glasgow, and after the revolution dyed, Bishop of Rapho, in Ireland. John was well educated by his father at school and colledge, till September 1693, that he was bound apprentice to the befor Lord Pencaitland, then wrytter to the signet. Upon the 3rd of July 1702, he married, with the consent of his father, Elizabeth Frogg [(1677-2 Jun 1716)], daughter to the decast Alexander Frogg, merchant in Edinburgh, and oye of Rosebank, with the consent of Bethia Dundas, his mother [in-law], then relict of Robert Innes, wrytter in Edinburgh. She [Bethia] was daughter to George Dundas of Lantoun, brother and male-air of Newliston, from whom he got ane handsome patrimonie. They [John and Elizabeth (Frogg) Bernie] lived together in Edinburgh very comfortably until her death, which happened there by a decay, the 2nd of june 1716, and in her 39th year of her age; and December thereafter his mother. Elizabeth's picture, wery well done by old Scougall [David or John Scougall ], and the said John's and her mother's by Richard Wait, are in the family. She [Elizabeth] left ishue three sons and two daughters.

The Estate of Broomhill is in Dalserf, Lanarkshire, England.

The following are abstracts of archival accounts of the Birnie family:

1. " ACCOUNT of the familie of Birnie of that Ilk, and of their descendents since the losse of that Estate, as also of the Hamiltons of Broomhill and their descent, to the purchase thereof by Mai-tor John Birnie, of his matching with them and his Lsbue ; " compiled from " the several payers now in the chaiter chest at Broomhill, anno 1728," by John Birnie of Broomhill. With list of documents, f. 2. Another copy, dated 1729, is at f. 95.
2. Notice by John Birnie, of Broomhill, of the death of his father, John Birnie, and his mother, Jean [Hamilton], daughter of James Hamilton, Bishop of Galloway, in 1716, f. 36.
3. Rentals of Almernesse and Broomhill and tenements in Edinburgh; 1716-1725, f. 36 b.
4. Memoranda of bonds received by John Birnie for the dower of his wife Elizabeth Frogg: 1702-1721, f. 48.
5. " A Catalogue of the Books and Pamphlets " at Broomhill, with alphabetical indexes of authors, and of pamphlets, sermons, newspapers, etc. ; 1509-1730. f. 61.
6. Original letter of [ Birnie] to his brother. John Hirnio, Minister of Caerlaverock, giving an account of riots in Edinburgh ; 11 Dec.
1688, f. 93.
7. Summons, under the King's signature, to James Hamilton to repair to London (to be created Bishop of Galloway) ; Whitehall, 14 Aug.
1661. Subscribed by the Earl of Lauderdale, Secretary of State in Scotland, f. 94. Paper ; written in Scotland ; xvinth cent. With book-plate of the arms of Birnie of Broombill. Quarto.

Birnie — Account of the familie of Birnie Descent of the Barony of Athenry. of that Ilk, and of their descendants, B'rit. Mus. Add. MS. 28,850. -- Account of the Families of by John
Birnie of Broomhill, 1728. Birnie and Hamilton of Bromhill,
edited by W. B. D. D. Turnbull.
Edinb. 1838, 8°- Only 60 copies
printed

From Book-Plates by William John Hardy:

The only instance that I can call
to mind of the introduction of figures at all into the
decoration of a Scotch book-plate, is that of' Birnie
of Broomhill' (circa 1715), reproduced opposite, and
in this the figures are sombre enough,—two ministers
of ' the kirk' kneeling at their desks. Irish bookplates
have even less individuality than Scotch, and
are chiefly recognisable by the coarseness of their
work, and their dark printing

The Lives and Characters of the most Eminent Writers of the Scot's Nation; with and Abstract and Catalogue of Their Works; Their various editions and the judgment of the learn'd concerning them.

By George McKenzie, M.D.

Fellow of the Royal College of Physicians in Edinburgh

Vol. III

Printed M. DCC. XI
Published 1711

Names and Designations of our subscribers: Mr. John Birnie of Broomhill

John Birnie, 1597-1671.—Mr. Birnie, son of Mr. Robert
Birnie, minister at Lanark in 1691, formerly helper at Shotts, and
minister of Houston, where his son was born in 1643,——and
grandson of Mr. Wm. Birnie, minister at Lanark in 1615, and
afterwards in Ayr, was inducted minister of Carluke, gth May,
1666, a few weeks after having been ordained presbyter in the
Cathedral Church of Glasgow, by Bishop Burnet. From the
Broomhill family account by John Birnie, 1733, it seems as if Mr.
Birnie had removed to Carlaverock a month after his marriage
with Jean Hamilton, second daughter of James Hamilton of Broomhill, formerly
Rector of Cambusnethan, then Lord Bishop of Galloway,
4th February, 1668; but when it is stated, in the same account,
that the presentation to Carlaverock was by John, Earl of Nithsdale,
and subsequently by William, Earl of Queensberry, and collated by
Bishop Leighton, the date of translation could not be earlier than
1671. With Bishop Cairncross in 1686, at the call of the Earl of
Milfort, Mr. Birnie went to court, and there, with some political
view, was offered preferment in the church; but, as the scheme had
not the approval of the Bishop and himself, the offer was declined.
The Bishop was soon removed to give place to John Paterson,
the last of the Scottish Bishops, and Mr. Birnie was brought to
trouble. In September and October, 1688, he was "harassed by
a popish party,"—and in December, a " presbyterian rabble"
menaced him. During Mr. Birnie's ministry in Carluke, the parish was in great commotion. A manifesto was placed on the Kirk
door denouncing the King and all his posterity. The Pentland
rising, as a climax, brought many to suffering, and one—an elder
of the Kirk, suffered on the scaffold. This was Gavin Hamilton,
in Park of Mauldslie. There were 29 men of mark, belonging to
the parish, involved in that unfortunate movement, who were
prosecuted with severity—14 of whom, including 2 elders of the
church, refused the indemnity of 1667. If the edict which follows
applies to the period of Mr. Birnie's incumbency, dated i7th
September, 1670, evidence, from an opposite source, is supplied, to
prove the excited state of the parish. The quotation is from Bishop
Leighton's works:—" The Lords of Council having appointed some
ministers from other parts, to preach in such churches, within the
diocese of Glasgow, as do most need their help, I desire the Rev.
Mr. James Aird, minister of Tony, to bestow his pains in the
circuit that lies east from Hamilton, or thereabouts, and particularly
in the Kirk of Carluke, not doubting that the minister thereof, and
others in the like case, will very readily receive, and earnestly
intreat what help he can do towards the bringing of the people to
frequent the public ordinances, removing their prejudices, and
cooling their passions."
In 1688, Mr. Birnie acquired Broomhill and other lands, formerly
belonging to his father-in-law; and in 1693, removed his wife and
family from Edinburgh to Broomhill, where he died, i7th May,
1716, aged 74.
 

The ancient residence of the Hamiltons of Dalserf was Alton, (
or Auldtown,) now converted into a farm-steading. Scarcely a
trace remains to show where the lairds of Raploch formerly lived.
The house of Broomhill, formerly mentioned as having been burnt
by Sir William Drury, Governor of Berwick, was, we are told, but
one room wide, and four stories high, with a bartisan. It was
again repaired, and a turnpike added. It was called the Castle of
Auld Machan. In 1563, a mob came to pull down the old Romish
chapel at Broomhill; but the lady of Sir John Hamilton,
meeting them on the way, assured them that they might save
themselves the trouble, as she meant to make a good barn of it.
With this statement they were satisfied, and the chapel was permitted
to remain till 1724, when it fell down of its own accord.
The field where it stood is still called Chapel Rone. A private
chapel, belonging to the Raploch family, formerly stood at Chapel
Know, between Raploch and the village of Larkhall; hence the
neighbouring farm of Crossgates was also called Chapeltree.
There were two chapels on the east side of the parish,—one at
Chapelburn, near the old line of road from Hamilton to Lanark,
by Nethanfoot; and another at Dalpatrick, dedicated to the saint
of that name, and also sometimes called the Chapel of the Blessed
Virgin. No traces of either now remain. Near the village of
Larkhall, is a level piece of ground called Bowman's flat, or vulgarly
Bomflat, where, according to tradition, archery was formerly
practised, after it was reintroduced for some time by the
Stuarts. These parochial practisings were, of course, subservient
to the system of general and stated weaponschawings, of which
Sir Walter Scott gives an account in his novel of Old Mortality.
There is a conical rising ground (Gallowhill) south-east of Lark-
hall, where, it is said, culprits used in ancient times to be executed.
If we are to be guided by etymology, local executions must
at one time have been general over the country, as there are few
parishes that have not a Gallowhill, or some place indicating the
former use of the gallows. The circumstance is, of course, to be
explained by the local and heritable jurisdictions of former times,

VI. JOHN, a captain of dragoons, died in 1707, having
married Elizabeth daughter of Sir Thomas Scott of Scotshatl
in Kent, by whom ho had an only child, Robiua, married to
Edward Alston, professor of botany in Edinburgh University,
whose only child, another Robiua, became the wife of
Birnie Esq, of Broomhill in Lanarkshire

1677 Elizabeth Frogg (1677-2 Jun 1716) is born to Alexander Frogg. She later marries John Bernie, son of Bethia Dundass

The Old Scots Navy from 1689 To 1710
 edited by James Grant

Edinburgh.    3rd July, 1703.

Petition to the Council by James Frogg, merchant in Edinburgh. He and his partners purchased from George Robertson [William married Jean Robertson] of Newbigging, Steward depute of Orkney, 1000 bolls of bear, ^{[ Bear or big, a species of Scots barley.]} Orkney measure, out of her Majesty's rents from these islands, and freighted ships under com­mand of John Spence, skipper in Leith, and John Bosswell skipper in Burntisland for its conveyance in proper time, but the said skippers not sailing, they required them to do so in form of instru­ment, protesting for damages if they failed.    But John Spence declared he would not be so liable as he was ready with a sufficient, able and skilful crew for his voyage when Captain Gordon, com­mander of one of H.M. ships had taken his whole crew, and declared that he had authority from their Lordships so to do ; and Spence declared that in such a case he must be free of his charter party. The petitioners represent that by the delay they have already sustained great damage by loss of markets and backwardness of the season, and crave that to prevent further the said crew may be delivered back to John Spence. The Lords find and declare that the said crew voluntarily engaged with Captain Gordon and therefore belong to him.

Alexander Frogg, son of William Frogg and Mause Stevenson C116894 

August 1727. Grants made in the Prerogative Court of Canterbury,
London:
Administration of Anne Graham of West Hall, Dunsyre, Clydesdale,
Scotland, widow, granted to John Graham, attorney for the only child,
Hugh Graham, in Philadelphia;

Upon the 21st of March 1720, there is a precept of clare constat, Elizabeth, Dutches of Hamilton and Brandon, and Charles, Earle of Selkirk, John, Earle of Ruglen, Mr James Hamiton of Pencaitland, one of the Senators of the College of Justice, Sir James Hamilton of Rosehall, James Hamilton of Dalziel, and Mr James Graham of Airth, advocate, commissionars for James Duke of Hamilton, Brandon, and Chastlerault, &c. to the said John Birnie, as air retoured to his said father in the abue lands.

Charter upon the said tailzie and resignation, John Marquis of Twedsdale, Charles Earle of Selkirk, William Earle of Aberdeen, John Earle of Ruglen, Mr James Hamiltom of Pencaitland, one of the Senators of the Colledge of Justice, Sir James Hamilton of Rosehall, Mr James Graham of Airth, Mr Archibald Hamilton of Dalserf, Mr Robert Dundas of Arniston, advocat, Alexander Hamilton of Dechmont (now Pencaitland), and John Hamilton, a son of Arshaw's, wrytters to the signet, commissioners for the aboue Duke, to the also adoue John in lyferent, and to John Birnie, his eldest son, if fee, as heir of the tailzie therein mentioned, dated 15th August 1728. Seasin thereon registered in the general register, 18th September thereafter.

Scharf, Thomas J., History of Delaware, 1609-1888. Volume Two- pp. 1015-1023.

CHAPTER LI.

APPOQUINIMINK HUNDRED.

THAT portion of New Castle County lying between Appoquinimink and Duck Creeks was formerly denominated Appoquinimink Hundred. Mention is made of this territory as a hundred in a deed bearing date January 15, 1708, from William Grant, of "Appoquinimini" Hundred to John Damarcier. Appoquinimink is an Indian term said to mean wounded duck.

By an act of the Legislature, passed March 9, 1875, this land was divided into two hundreds, the northern portion retaining the name Appoquinimink, and the southern part was termed Blackbird, after the stream which forms its northern boundary. The present Appoquinimink is bounded on the north by St. George’s Creek and Hundred; on the east by the same, Blackbird Creek and Delaware River; on the south by Blackbird Creek and Hundred and on the west by Maryland. The territory is well watered and very productive. The eastern portion consists mainly of reclaimed marsh. The principal products are corn, wheat and peaches. Facilities for shipping are afforded by the Blackbird and Appoquinimink Creeks and the Delaware Division of Philadelphia, Wilmington and Baltimore Railroad. In 1683 there were forty taxable inhabitants between Appoquinimink and Duck Creeks. The assessment list of the same territory for 1751, as returned by William Williams, contained the names of two hundred and forty-nine taxables, and a total assessment amounting to two thousand nine hundred and fifteen dollars.

On June 16, 1671, Gov. Francis Lovelace patented to Robert Moreton a tract of five hundred acres and marsh on west of Delaware River, "betwixt Blackbird Creek and Appaquimime: Bounded on ye east wth appaquimiy creek: on ye south with a branch wch extendeth it selfe westerly out of ye same creek and divideth this from ye land of John Hartop and Henry Hartop and from ye land of Seneca Brewer, wch is called Hang-mans Hooke: and on ye two opposite sides wth ye Maine Woods." On October 31, 1674, Morton conveyed one-half of this tract, "excepting that part of the same as is already this day cleared," to William Grant. Grant’s portion was adjoining Appoquinimink Creek. Portions of this tract were owned at various times by Thomas Snelling, Gustavus Anderson, Edmund and Richard Cantwell, Abraham Mertine, Joseph Hill, Alexander Crawford, John Hirons, and finally vested solely in Samuel Thomas, who in 1820 owned large tracts in the northeastern part of the hundred. The above tract was next owned by D.W. Thomas, and is now in the possession of John C. Corbit and Samuel C. Thomas. Thomas’ Landing is situated within the boundaries of this grant. Hangman’s Hook, mentioned in the above recital, lay south of the Merton tract, and was bounded on the east by Blackbird Creek and on the south by the branch known as Hangman’s Branch. This tract was patented in 1671 to Seneca Brewer, who was also the owner of land in Christiana Kill. It also forms a portion of the Thomas land.

Capt. Edmund Cantwell, who resided at or near Odessa, was an extensive land-holder in Appoquinimink Hundred. On September 5, 1672, a tract of eight hundred acres on Appoquinimink Creek was granted to him by Gov. Lovelace. This tract was granted June 17, 1671, to William Sinclair, who for some reason forfeited his right to it. It was "nigh unto Appoquinimink Creek," being a point or neck of land between two main branches of the creek, north with Main Branch and southeast with Sassafras Branch. He also obtained by grant or purchase a large tract of land between Hangman’s Branch and Blackbird Creek, and extending nearly to the present site of Fieldsboro, containing about two thousand two hundred acres. Red Clift, a tract of one thousand five hundred acres, bounded on the north by Appoquinimink Creek and on the west by Sassafras Branch, was in his possession at the time of his decease and contained many improvements. By his will, bearing date October 28, 1679, he devised the lower plantation, which he had purchased of Thomas Snelling, to his son Richard, the middle portion of his estate to his daughter Joanna and the upper part to his daughter. At the death of Joanna her portion vested in Richard and Elizabeth, who was the wife of Henry Garretson.

The eight-hundred-acre tract was sold by the heirs of Edmund Cantwell, August 16, 1707, to William Dyre, and was afterwards owned by John Frogg, Baldwin Johnson, Thomas Hopkinson and John Allfree. On May 13, 1796, William Allfree sold three hundred acres of it to Benjamin Noxon, son of Thomas Noxon. It is now owned by R.T. Cochran, R.L. Naudain and the heirs of A.S. Naudain. The tract between Hangman’s Branch and Blackbird Creek was at a later period owned by John J. Milligan and is now in the possession of Edward C. Fenimore, John C. Corbit, D.W. Corbit, the heirs of John J. Milligan and Mrs. Sarah Polk.

The Red Clift tract became the property of Henry Garretson May 18, 1709, and has passed through various hands and is now divided and owned by Nathaniel Williams, Manlove D. Wilson, John F. Staats, Columbus Watkins, Isaac M. Davis and Joseph C. Hutchinson.

On June 9, 1708, Maurice Liston sold to Samuel Vance a tract of land containing two hundred and eighty-two acres on the east side of Heron Run and north of Blackbird Creek, being the property which was sold by Sheriff John French on a judgment obtained against Isaac Wholden, August 14, 1699. John Wright is the present owner.

ST. ANNE’S CHURCH was the earliest organized congregation in the southern portion of New Castle County. When the church is organized is not definitely known, but it was before 1704. The following is an extract from a grant by the commissioners of property to Richard Cantwell and William Dyre, dated 1st of Ninth Month, 1704:
 

Whereas, Richard Cantwell and Wm. Dyre, with several others, Inhabants upon and near Apoquiniminck Creek in the County of New Castle,

"Have requested us that we would grant them a convenient piece of ground for erecting a chapel for the use and benefit of themselves and other members of the Church of England: These are to authorize and require thee to survey and lay out, for the use aforesaid, in the place by them designed, for erecting the said Creek, the Quantity of ten acres of land that is vacant and make returne unto the General Surveyor’s Office, at Philadelphia."

The church was built the following year on a mound due east of the present edifice. The church was supplied till the Revolutionary War with ministers sent by the Society for the Propagation of the Gospel in Foreign Parts. In 1728 a disagreement arose between the pastor and congregation, and was the cause of a discontinuance of services. The following is a copy of a letter sent to him by some of the leading members, and is a matter of record:

"The unhappy differences that bath arisen between you & your Parishioners hath given us very great concern, not only for that you have declined (for some time past) Giving that Attendance at our Church there to discharge your duty According to your appointment, but especially because the misunderstandings between ministers of the Church of England and their Parrishioners tend greatly to the Reproach of our most Holy Religion and to bring us into contempt, and foreasmuch as you have thought fit to vindicate your Reputation by a Prosecution at Law and have recovered Damages for the words spoken of you, we Request you, as a minister of the Church of England and a Christian to lay aside your Resentments and Return to the Care of your parish where you shall not fail to meet with all the Respect and Good usuage due to a minister of the Gospell and a good man while you continue to live as such amongst us; we are in behalf of ourselves and the parrishioners of Appoquinimink.

"I your most Humb Servt,

"AND’W PETERSON,
"JOHN GOODING,
"EDWD GARITSEN,
"R’D. CANTWELL,
"JACOB GOODING."

Among the rectors who ministered here previous to the Revolution were Revs. Sewell, Crawford, Jenkins, Biorck, Club, Ross (father of Geo. Ross, one of the signers of the Declaration of Independence), Merry, Campbell, Hackett, Pugh and Reading. The latter died in 1778, and is buried near the church. The present edifice was erected in 1768. To this church Queen Anne presented a covering for the communion table with the initials of her name, viz.: "A.R." upon it in silk embroidery. This was the only relic saved from the fire which destroyed the church in 1882.


STEWART GEORGE of Philadelphia mariner, s March. 13th 1705/6. p Apl. 23rd. 1706. Legacies to James Wallis [Wallace *See Michael Wallace as John's Frogg's (1709-1794) business partner] merchant in Maryland, Robert Finley and Samuel Perry of Philadelphia, merchants and Dr. Hugh Graham. Witnesses Christopher Blackburne, John Brown, John Cadwalader. Book C. 30. 20 [Abstracts of Wills Recorded in Philadelphia: Historical Society of PA; pg 194].