Name:

Misc. Notes

Thomas GRAVES seems to have a clear claim to be the earliest of my ancestors to arrive in the New World. He arrived in October of 1608 with the "second supply" to the Jamestown Colony, beating the Massachusetts Pilgrims by 12 years! (Fred Coffey)

The following story of Thomas' life and times is taken from the Graves Family Association web page, at

http://www.gravesfa.org/gen169.htm

Thomas Graves, gentleman, arrived in Virginia in October of 1608, coming from England in the ship "Mary and Margaret" with Captain Christopher Newport's second supply. Although John Card Graves states that Thomas was accompanied by his wife Katherine, sons John and Thomas, and eight others, including Henry Singleton and Thomas Edge, most other historians agree that he did not bring his wife and children over until later. It is likely that he did not even marry Katherine until 1610, and his first child was born about 1611.

Thomas Graves was one of the original Adventurers (stockholders) of the Virginia Company of London, and one of the very early Planters (settlers) who founded Jamestown, Virginia, the first permanent English settlement in North America. He was also the first known person named Graves in North America. Captain Thomas Graves is listed as one of the original Adventurers as "Thomas Grave" on page 364, Records of the Virginia Company of London, vol. IV. Although the Records of the Virginia Company state that in 1622 was granted "a patent to Thomas Graves of Doublin in the Realm of Ireland, gent.", this may be a clerical error. As stated in the original charter of the Virginia Co. of London, the first Adventurers to Virginia were to be from the city of London.

King James I of England, on April 10, 1606, granted letters patent (charter) to Sir Thomas Gates, Sir George Somers, Richard Hakluyt, Edward-Maria Winfield, Thomas Hanham, Raleigh Gilbert, William Parker, and George Popham, in whose names the petition for the charter to the Virginia Company of London had been made, for the founding of two colonies in Virginia.

In 1606 the name Virginia designated the North American coast north of Spanish Florida. The First Colony was to "begin their first plantation and place of their first sojourning and dwelling in any place along the aforesaid coast of Virginia or America where they thought it suitable and convenient, between the aforesaid thirty-four and forty-one degrees of the aforesaid latitude." The Second Colony was to locate at some point between thirty-eight degrees and forty-five degrees of northern latitude. (Rec. Va. Co., vol. IV, p. 368)

The First Colony (consisting of knights, gentlemen, merchants and others of the city of London) made a settlement at Jamestown on May 13, 1607, which became permanent. The Plymouth grantees (from the English cities of Bristol and Exeter, the town of Plymouth, and other places) established the Second Colony at Sagadagic (on the coast of what became Maine) in August 1607, but abandoned it in the spring of 1608.

On May 13, 1607, Captain Christopher Newport's fleet of three small ships, the Susan Constant, the Godspeed and the Discovery, with 105 colonists, reached the site of this first permanent English settlement, and called it James Towne. Captain Newport returned to Jamestown on Jan. 8, 1608 with the first supply in the John and Francis. The Phoenix, commanded by Captain Francis Nelson, which had sailed as part of the first supply, finally arrived on 20 April 1608. More than half the settlers died that first winter.

Captain Newport sailed again for England and arrived at Blackwell May 21, 1608. Capt. Nelson returned to England in the Phoenix early in July 1608, with requests from Virginia to be sent by the second supply. Capt. Newport left England in the Mary and Margaret, a ship of about 150 tons, with the second supply, probably in August of 1608. Many sources give the arrival date of this second supply as being early in October 1608. We do know that it was after Sept. 10, 1608.

A comparatively complete record, with the names, of the little band of first planters who came in 1607 and the two supplies of 1608 is given by Captain John Smith in his Historie. These three expeditions brought a total of about 295 people -- the first settlers numbering about 105, the first supply 120, and the second supply about 70. Of the whole number, 92 are described as "gentlemen."

Regarding the title of "Captain" which is attached to Thomas Graves in Virginia historical records, he had no such designation in the Charter of 1609 wherein all the Adventurers (stockholders) of the Virginia Company are listed, and is shown by Captain John Smith on his arrival in Virginia simply as "Thomas Graves, Gent." Thus it appears that he acquired the title of Captain after arriving in Virginia.

Thomas Graves early became active in the affairs of the infant colony. On an exploring expedition he was captured by the Indians and taken to Opechancanough. Thomas Savage, who had come to Virginia with the first supply on the John and Francis in 1608, was sent to rescue him, in which he was successful.

The winter of 1608-09 was much better than the previous winter, but soon after Capt. John Smith returned to England for medical treatment in October 1609, the "Starving Time" reduced the population of about 500 to no more than sixty men, women, and children. In June of 1610, the survivors were in the process of abandoning the settlement, when Lord Delaware arrived as governor of the colony. From that time on, there was apparently no further serious thought of abandoning the town. However, even by 1616, the colony had a total population of only 351, of whom 81 were farmers or tenants.

In 1617 the Virginia Company, hoping to expand population and agricultural production in the colony, encouraged private or voluntary associations organized on a joint stock basis to establish settlements in the area of the Company's patent. The Society of Smith's (or Smythe's) Hundred (later called Southampton Hundred) was organized in 1617. In addition to Captain Thomas Graves, the Adventurers included Sir Thomas Smith, Sir Edwin Sandys, and the Earl of Southampton. Soon after April 29, 1619, Governor Yeardley wrote to Sir Edwin Sandys: "I have entreated Capt. Graves, an antient officer of this company, to take charge of the people and workes."

Capt. Thomas Graves was a member of the First Legislative Assembly in America, and, with Mr. Walter Shelley, sat for Smythe's Hundred when they met at Jamestown on July 30, 1619. The time of Capt. Thomas Graves' removal to the Eastern Shore is not known. It was, however, after August 1619, since he was then a representative from Smythe's Hundred to the first meeting of the House of Burgesses. It was also prior to Feb. 16, 1623, for "A List of Names: of the Living in Virginia, Feb. 16, 1623" shows Thomas Graves "at the Eastern Shore". His patent for 200 acres on the Eastern Shore is of record 14 March 1628 (Patent Book No. 1, p. 72, Land Registrar's Office, Richmond, Va.). This land was in what was then known as Accomack, now a part of Northampton Co. It was granted by Dr. Thomas Pott, Governor of Virginia, and was on the eastern side of the Bay of Chesapeake, westerly of the lands of Capt. Henry Flute, an explorer of the Bay, "by virtue of the adventure of five and twenty pounds paid by the said Capt. Thomas Graves to Sir Thomas Smyth, Treasurer of the Virginia Company." He paid a "quit rent" of one shilling for fifty acres, payable at the feast of St. Michael the Archangel (Sept. 29) each year on a part of his land.

In the census of February 1625, Capt. Thomas Graves was one of only 51 people then living on the Eastern Shore. He was put in charge of the direction of local affairs later in 1625. In Sept. 1632 he, with others, was appointed a Commissioner "for the Plantacon of Acchawmacke". He was one of the Burgesses to the Assembly, representing Accomac, for the 1629-30 session and the 1632 session. He attended many of the meetings of the Commissioners, but he was absent from Dec. 30, 1632/3 until Oct. 23, 1633/4. It appears that he was out of the country.

The old Hungars Episcopal Church is located about seven miles north of Eastville, on the north side of Hungars Creek. Hungars Parish was made soon after the county was established, and the first minister was Rev. Francis Bolton, who was succeeded by Rev. William Cotton. The first vestry was appointed in 1635. The first vestry meeting was on Sept. 29, 1635, at which Capt. Thomas Graves headed the list of those present. The first church edifice was erected in 1690-95 and was still standing around 1900, one of the oldest churches in the country. In addition to Capt. Thomas Graves, the other persons named by the court as vestrymen of Hungars Church were William Cotton, minister, Obedience Robins, John Howe, William Stone (first Protestant Governor of Maryland), William Burdett, William Andrews, John Wilkins, Alexander Mountray, Edward Drews, William Beniman and Stephen Charlton.

Captain Thomas Graves died between November 1635 when he was witness to a deed and 5 Jan. 1636 when suit was entered against a servant to Mrs. Graves (Adventurers of Purse and Person, pp. 188-189). His birth date is not known, but is believed to be about 1580. That would have made him only about 55 years of age at his death.

Very little is known about Katherine, wife of Capt. Thomas Graves. Her maiden name may have been Croshaw. (There was a Raleigh Chroshaw, Gent., who arrived with the second supply with Thomas Graves.) Just when she came to Virginia is not recorded. She and her children are not included in the 1625 census of the Eastern Shore, although Capt. Thomas Graves is. The patent granted to John Graves (son of Capt. Thomas Graves) on Aug. 9, 1637 states that the 600 acres granted to him in Elizabeth City was "due in right of descent from his father Thomas Graves, who transported at his own cost himself, Katherine Graves his wife, John Graves the patentee, and Thomas Graves, Jr., and 8 persons." (Cavaliers and Pioneers, Nugent.) The 50 acres assigned for each person transported shows they came after 1616. The other 8 persons transported did not include any members of Capt. Graves' family. The girls, Ann, Verlinda, and Katherine obviously came later, and Francis was born in Virginia. The last reference to Mrs. Graves shows her living at the Old Plantation, Accomac, as of May 20, 1636.

Since Captain Thomas Graves had been active in the affairs of Virginia from his arrival, the absence of any mention of him during certain periods indicate he had returned to England. This is also confirmed by patents issued to him and to others in which he is mentioned. Mrs. Hiden stated: "Even a cursory reading of Northampton (formerly Accomack) records reveals how frequent were the trips to England, Ireland, Holland, and New England" of those living on the Eastern Shore. Mrs. Hiden also stated (R?909, p. 34): "We know from the land patents that Capt. Thomas Graves made several trips out of the country, to England presumably, and on one of his return voyages his family accompanied him."

Thomas Graves was probably unmarried when he arrived in Virginia in 1608. He was young, and adventure was probably the reason for his coming to Virginia. He was obviously educated, of some "social status" and financial means, and a leader.

It is likely that he returned to England, possibly in Oct. 1609, either on the same ship with Captain John Smith (who left Virginia for England for treatment of his wounds resulting from an explosion), or on one of the other seven ships which arrived in Virginia in August 1609. In that way he would have missed the "Starving Time" of the winter of 1609-10, which so few survived.

He may have then married in England in about 1610, fathered John Graves and Thomas Graves, remained in England for several years, and returned to Virginia prior to the formation of Smythe's Hundred in 1617, or possibly a little later. It is known that he was "entreated to take charge of the people and workes" at Smythe's Hundred in April 1619, and was there then.

Also, there is no record of his being in Virginia after the meeting of the Burgesses in July-August of 1619 until he is shown as living on the Eastern Shore in 1623. It seems reasonable that he was in England at the time of the Indian Massacre of March 1622, and upon returning to Virginia settled on the Eastern Shore where it was less perilous to live. The fact that he fathered three children, the first three girls, during this period certainly lends support to his being in England.

One of the most disputed issues regarding his children is the last one, Fra. Graves, who has been believed by some to be a son Francis and by others to be a daughter Frances. This child was originally said by genealogist William Montgomery Sweeny in a published article in 1935 (R?906) to be a son of Capt. Thomas Graves. This was repeated by Mrs. P. W. Hiden in 1936 (R?907). However, others provided evidence that the last child of Capt. Thomas Graves was a daughter, and that the male Francis Graves was a son of someone else unknown. After a thorough search and examination of the documentary evidence, it was decided that this last child of Thomas probably was a son, as explained in the Appendix at the end of this book. However, the results of the Graves DNA Study indicate that Francis was a son of another Graves immigrant, and the child of Capt. Thomas Graves was a daughter. Since the documentary evidence is ambiguous and the DNA evidence is conclusive, there is now no question that the youngest child of Capt. Thomas Graves was a daughter. As a result, the male Francis Graves and his descendants have been removed from this genealogy and placed in a separate genealogy (by the Graves Family Association).

APPENDIX:

CAUTION (BY FRED COFFEY):

THE FOLLOWING IS A RATHER TEDIOUS EXAMINATION OF WHETHER THOMAS GRAVES YOUNGEST CHILD WAS "SON FRANCIS" OR "DAUGHTER FRANCES". THE ISSUE BOILS DOWN TO A HISTORICAL RECORD THAT REFERS TO "FRA. GRAVES, ORPHAN OF THOMAS GRAVES" - - IS "FRA" A BOY OR A GIRL?

THE FOLLOWING WAS PUBLISHED IN THE GRAVES FAMILY NEWSLETTER. I HAVE KEPT IT BECAUSE ITS VARIOUS REFERENCES MAY BE USEFUL FOR MY FUTURE RESEARCH. HOWEVER THE GRAVES FAMILY NOW CONCEDES (SEE ABOVE) THAT "FRA" WAS PROBABLY A GIRL.

THE CASUAL READER MAY WANT TO STOP NOW!

Prepared by Richard W. Kesler - 8/7/96 (Rev. 6/15/02) Francis (or Frances) Graves __An article prepared by the writer was published in the October 1995 issue of The Graves Family Newsletter. The article suggested that credible evidence exists to support Mrs. Mason Jones' hypothesis that Francis Graves was daughter rather than son of Capt. Thomas Graves. Attention is focused only on 10, 25, 26, 27, 31, 33, 34 and 35 below, one might conclude that the same 200 acre tract of land was involved in each instance, that the Francis Trewett of 26, 27 and 33 below was the Orphan Francis Graves of 25 below, and that the orphan was therefore daughter rather than son of Capt. Thomas Graves. Before reaching these conclusions, however, we should examine carefully all other evidence available to us. Such a careful examination has led the writer to believe that Francis Graves was son of Capt. Thomas Graves just as several published sources unanimously say that he was. _

The writer and others have qualified their line of descent from Capt. Thomas Graves through his presumed son Francis Graves with the Jamestowne Society. That organization's requirements for documentation are quite strict. The writer has also joined the Order of Descendants of Ancient Planters on this line. From the information presented herein, the writer does not find justification for disqualify this line with either organization. _

The available evidence follows._

1)Thomas Graves came to Virginia in the "Mary and Margaret" and was listed among those arriving in the second supply, 1608 (APP325)_

2)At some time following his arrival [possibly around 1609], while on an exploring expedition with Captain John Smith, he was captured by the Indians and was rescued by Ensign Thomas Savage (APP325, 15W[2]385 & Wise28) _

3)About June of 1618, Capt. Graves, an ancient officer of the Company, was placed in charge of Smythe's Hundred (APP326 & 15W[2]385) _

4)Capt. Thomas Graves was a member of the First Legislative Assembly in America for Smythe's Hundred when they met at Jamestown, 30 Jul 1619 (2V60 & 15W[2]385) _

5)At a Quarter Court held for Virginia on 20 Nov 1622, a patent for land was received by Thomas Graves of Doublin in the Realme of Ireland, Gent., for agreeing to transport 100 persons to VA (2Kingsbury132, APP326 & 15W[2]386)_

6)On the 16 Feb 1623 "Lists of the Livinge & Dead in Virginia at the Eastern Shore", Thomas Graves was listed as living (APP68-71, 15W[2]386 & Wise37) _

7)On 8 Feb 1624, Capt. Graves was questioned before the General Court of Colonial Virginia (15W[2]386) _

8) On 11 Jan 1626, Capt. Tho. Graves was living in Virginia (15W[2]386) _

9) On 8 Feb 1627, Capt. Thomas Graves was appointed commander o the "Plantation of Accawmacke" (APP326 & 15W[2]387) _

10) On 14 Mar 1628, Capt. Thomas Graves was granted "... twoo hundred acres of Land as his first divident and on a second division to be augmented and doubled to him and his said heires and assignes when hee or they shall sufficiently haue peopled and planted the land situate and lying on the Eastern side of the shoare of the bay of Chesepeiake and abutting Southerly on land of Capt Henry Fleet and thence extending Northerly along the bankes by the water side one hundred poles Westerly upon the said Bay and Easterly directly striking into the maine Woods ...", "... Yeilding and paying for every fifty acres of land herein by these presents given and graunted yearly at the feast of St Mchaell the Archangell the fee rent of one shilling Provided alwaies that if the said Thomas Graies his heires or assignes doe not plante and seate upon the said lands within the time and course of three years now next ensuing the date hereof That the it shall and may be lawfull for any Adventurer or planter to make Choice of and seat upon the same ...", by virtue of his adventure of 25 Pounds paid to the Virginia Company - Patent Book No. 1, Part I, p. 72 (1C&P13, APP326 & 15W[2]387) _

11)On 24 Mar 1629/30, Capt. Thomas Graies was one of seven persons chosen to oversee the construction of a fort at Poynt Comfort (15W[2]388)_

12)Capt. Thomas Graves was Burgess for Accomac in 1629/30 and 1632 (2V70, 15W[2]388 & Wise343) _

13)In November, 1631, Col. William Claiborne was recorded as purchasing from Captain Thomas Graves 2 lb. of powder for 5 shillings (15W[2]388) _

14)On 7 Jan 1632, Capt. Thomas Graves headed the list of Commissioners [Justices] at the first extant court of record held for Acchawmacke (APP326 & Wise43) _

15)On 9 Feb 1635, Hannah Scarbrough of Accomac, widow, sold to Captain Thomas Graves, Esq., one cow and calf (15W[2]388)_

16)At Court held at Accawmacke 14 Sep 1635, Captain Thomas Graves was appointed one of the first vestrymen of Hungar's Parish, and he attended the first meeting of the vestry on 29 Sep 1635 (APP326, 15W[2]388, 1Ames43 & Wise257) _

17)In Nov 1635, Capt. Thomas Graves witnessed a deed in Accawmack Co. (APP326 & 15W[2]389)_

18)On 28 Nov 1635, Capt. Thomas Purifye (Purefoy), Esqr. received 100 acs. Eliz. Citty Co., due by assignment from Capt. Thomas Graves by order of court 29 Feb 1631, to whom it was due as his pers. divident as being an Ancient Planter (1C&P36) _

19) At court held at Accawmack on 5 Jan 1635/6, a suit was entered against a "servant to Mrs. Graves" (APP326 & 1Ames47)_

20) On 20 May 1636, reference was made to the land of Mrs. Graves (15W[2]389)_

21) On 10 Jul 1637, William Cotton, Clerke, patented 350 acs. bet. two maine branches of Hungars Cr., 100 acs. for his own and the per. adv. of his wife, Ann Graves & 250 acs. for trans. of 5 pers. (1C&P59, Wise263 & APP327) _

22) On 9 Aug 1637, John Graves was granted 600 acs. Eliz. Citty Co. due in right of descent from his father Thomas Graves whoe trans. at his own cost: himselfe, Katherine Graves his wife, John Graves the pattentee & Thomas Graves, Junr. & 8 pers (1C&P62) __

23) On 28 Dec 1638, Henry Penington received 100 pounds of tobacco and a cow calf for the use of Francis Graves in full satisfaction for a parcel of land that Henry Wilson bought that did belong unto Francis Graves the cow calf and tobacco being paid by Alice Wilson widow - Northampton Co. Will Book I, p. 140 (15W[2]389 & 1Ames145) __

24) At Northampton Court 10 Feb 1643/44, "Know all men by these presents that wee Nathaniell Oldis of Kicoughtan gentleman and William Parry of Kicoughton aforesaid doe by these presents as our Acts and deeds for us and either of us our heyres and Assignes promise Assume Covenante and agree to and with Mr. William Cotton Clerk Captayne William Stone and Capt. Roper the late administrators of the estate of John Graves and Thomas Graves deceased upon their Relinquishing the said Commission of Administration and leaveing the same unto the sayde William parry and the full power thereof to secure save harmles and at all tymes keepe indemnyfyed the said Mr. Cotton Capt. Stone and Capt. Roper of and from any molestation trouble dammage and incumbrance that may hereafter grow or Arise or any way happen unto them or either of them for or by reason of the said Estate or in or concerning the same or concerning the bond entered into by the said Mr. Cotton Capt. Stone Capt Roper with security for the saveing harmles and indempnifying the Court upon the graunt of the same For the performance of which our Act and deede wee and Either of us have hereby firmly bound our heyres and Assignes in the full Summe of two hundred pounds sterling upon forfeiture of these presents to bee paid unto all demaunds unto the said Mr. Cotton Capt. Stone Capt Roper their heyres or Assignes In witness of all which wee have hereunto put our hands this 30th day of Aprill 1640" - Orders, Deeds, Wills, etc., No. 2, 1640-45, f. 179 (2Ames330 & APP327) __

25) On 28 Nov 1642, a certificate was granted unto Francis Graves, orphan of Capt. Thomas Graves deceased, for transportation of Richard Cainhoe, Capt. Tho: Graves, Mrs. Fraunces Jefferd, William Deaton and Richard Cox - Northampton Co. Will Book #2, p. 116 (15W[2]390, Marshall12 & 2Ames223) __

26) On 11 Nov 1645, a certificate was granted unto Geo: Trewett in right of his wife Francis Trewett deceased for 200 acres of land for transportation of Richard Cainhoe, Fraunces Jefferd, William Deaton, Richard Cox - Northampton Co. Will Book No. III, f. 4 (Marshall12)__

27) On the same date, Hen: Pedendon deposed that Francis Trewett lying sick at the deponent's house said that her husband George Trewett might sell his land at the Old Plantation as he pleased (Ibid, f. 5, & Marshall17) __

28) Mrs. P. W. Hiden cited Winthrop's History of New England, "Addenda", Vol. 2, p. 342, in regard to Capt. Thomas Graves, "He and his wife and divers of his children died and his whole family was ruined about a year after. Only one daughter escaped who being left a maid with a good estate married after to that apostate Nathaniel Eaton who having spent all she had fled away and left her miserable. 1646. That Ann Graves was a widow and not a maid when she married Nathaniel Eaton has been proved, and we have Francis Doughty's own statement that she had kinspeople in Va. and was not alone. We conclude, therefore, that Winthrop was correct in making her the daughter of Thomas Graves, but wrong in identifying her father with the Mass. emigrant." (2GVF [W]769 & Wise260-63) __

29) On 29 Jun 1647, inventory of the estate of Henry Peddenton was returned, referring to his widow Mary Peddenton, admtrx., and to his son Henry Peddenton, Jr. - Northampton Co. Deeds, Wills, etc., III, No. 3, 1645-1651 (Marshall20). He died intestate (Torrence330) __

30) On 20 Nov 1648, Francis Graves made a promise to his wife Jane of a gift of 2 heifers and a calf to her children John and Jane Maguffe, and Eliza Davenport; John to get the heifer calf Rose, and Eliza to get the cow calf Lely (sp?). Recorded 30 Jan 1648/49. (Essex Co. Deed Book 6, p. 57, as cited in letter dated June 7. 1998 from S. P. Derieux to Mr. Graves) __

31) On 24 Jul 1651, George Truhett was granted 200 acres of land in Northampton Co. near the Old Plantation Creek, bounded on the Western part by the main bay, on the Southern by land of Jonathan Gills, on the Northern by the land of Geo. Smith, running Easterly into the woods, the said land being due unto the said Geo. Truhett for the transportation of four persons into the Colony; Richd. Cainhoe, Fran. Jeffords, Wm. Deaton and Richard Cox - Patent Book No. 2, 1643-1651, Reel 2, p. 327 (1C&P217) __

32) On 11 Nov 1651, William Parry (Perry) was granted 550 acs. of land in Northumberland Co. for the trans. of 11 persons including Thomas Graves, Katherine his wife, John Graves and Thomas Graves, Junr. (1C&P221-2) __

33) On 1 Sep 1663, William Melling was granted a patent for 200 acres of land in Northampton Co., according to the ancient bounds thereof, the said land being formerly granted unto Frances Trevitt and lately found to escheate to his Majesty as by an inquisition dated 17 Apr 1663 - Patent Book No. 5, 1661-1665, Reel 3, p. 448 (1C&P539) __

34) On 20 Jan 1663/4, Melling sold 100 acres at the East end of the 200 acres to Mr. Robert Hutchinson - Northampton Co. Bk. IX:119-20 (1C&P534 & Whitelaw141) __

35) On 27 Jun 1665, Melling sold to William Sterling as 120 acres the balance of the 200 acres formerly belonging to Capt. Graves and now escheated to him the said William Melling, bounded Southerly on the land of Jonathan Gills, Westerly on Chesapeake Bay, Northerly on William Sterling, running Easterly into the woods - Northampton Co. Bk. IX:119-20 (Whitelaw140-42) __

36) On 4 Oct 1672, reference was made to the "land of Graves" in a deed in Rappa. Co. (2C&P116) __

37) On 20 Oct 1672, Francis Graves patented 714 acres of land in Rappa. Co., on S. side sd. Riv., part on branches of Gilson's Cr. & part in Hodgins Cr; adj. Mr. Beverley, near Button Bridge (Range); over the new Road &c., for trans. of 15 persons - Patent Book No. 6, p. 436 (2C&P120) __

38) On 6 Mar 1674/5, Thomas Graves and Jeffery Graves, sonnes of Tho. Graves, Senr., dec'd., were granted land in Gloucester Co., Abbington Par., due them under the will of their father (2C&P160) __

39) On 11 Jul 1674, Francis Graves witnessed a deed from Robert and Thomas Moss, and Rebecca and Elizabeth their wives, assigning rights in _____ to John Wood. (Private correspondence) __

40) By 5 Aug 1691, Francis Graves was deceased in [Old] Rappahannock Co. (APP330 & 16W[2]650)__

ANALYSIS:

There are six fundamental reasons for believing that Francis Graves was son and not daughter of Capt. Thomas Graves. __The first fundamental reason concerns 25 and 26 above.__The hypothesis that the Francis Graves of 25 above was female is based on the suppositions that __1) The land that Francis Trewett (Truitt, Truhett, etc.) said that her husband George Trewett could sell as he pleased in 27 above was the land to which the certificate of 25 above was applicable, that _

2) The land to which the certificate of 26 above was applicable was the 200 acre tract of 10 above so that _

3) The Francis Trewett of 27 above was therefore daughter of the Capt. Thomas Graves of 10 above. The supposition is that it was by this mechanism that George Trewett came into possession of the 200 acre tract of 10 above. __Why would Frances Trewett be relinquishing her dower rights to land for which her husband George Trewett had just that same day received only a certificate and had not yet received a patent? __Trewett didn't receive a patent to the 200 acre tract until 24 Jul 1651 (30 above). He certainly did not intend to sell land to himself as would have been the case if the relinquishment of 26 above was effected so that he could receive the certificate of 25 above. The obvious answer is that the land to which Francis Trewett was relinquishing dower rights, which was of unspecified acreage, was a different tract from the 200 acre tract that was described by metes and bounds in 10, 31 and 35 above. __The hypothesis that Frances Graves was daughter of Capt. Thomas Graves is based on the supposition that the land that she was relinquishing in 26 above was the 200 acres of 10 above. __Proving the supposition wrong proves the hypothesis wrong. __The second fundamental reason for believing that Francis Graves was son of Capt. Thomas Graves is found in 25 above. __Two references (15W[2]390 & Marshall112) name only four headrights in connection with the certificate, omitting Capt. Thomas Graves as one of the headrights. These references are books, which are often unreliable. Primary source documents such as those cited in 25, 26 and 27 above are reliable. Capt. Tho: Graves is clearly mentioned as one of five headrights in the certificate of 25 above, a photocopy of the original court record of which was obtained by the writer from the Clerk of Court of Northampton Co. Two publications (2Ames223 & 2GVFW[2]738) correctly include Capt. Tho: Graves as one of five headrights. __This is the third mention of Capt. Thomas Graves as a headright. A person apparently could be claimed as a headright each time he returned to VA from a trip to England. This headright probably resulted from such a return trip. _

No quantity of land is specified in the certificate, but at 50 acres per headright, five headrights corresponds to 250 acres. It is not credible that an individual who was entitled to receive 250 acres of land would settle for receiving only 200 acres. If Francis Graves ever received a patent for land based on the certificate, the patent should have been for 250 acres. A cursory review by the writer of certificates issued during that period of time revealed no instance in which the applicable land patent, when it was issued, was for any acreage other than the exact multiple of 50 times the number of headrights. __We lack positive proof that Francis Graves or anyone else ever patented the 250 acres of land to which he was entitled by the certificate. The certificate apparently simply expired by default. __The hypothesis that Frances Graves was daughter of Capt. Thomas Graves is based on the supposition that the certificate for the 200 acre tract of land of 24 above was issued to a female Frances Graves. The evidence is that no patent was ever issued to anybody based on this certificate. If any patent was ever issued, it was for 250 and not for 200 acres. Proving the supposition wrong again proves the hypothesis wrong. __The third fundamental reason for believing that Francis Graves was son of Capt. Thomas Graves is found in 25, 26 and 31 above. __That the same four headrights were referenced in 25, 26 and 31 above [plus a fifth headright in 25 above] does not mean necessarily that the same 200 acre tract of land was involved in each instance. Headrights apparently were negotiable in those days in the same sense that stocks and bonds are today. We know that headrights were often sold or otherwise transferred or manipulated sometimes fraudulently. For example, the same eight headrights were used to patent land in two different counties at two different times by two different persons in 22 and 31 above. The possession of headrights by an individual signified only that he had acquired the headrights by some means fair or foul and that he was entitled to receive a land patent of 50 acres for each headright. Headrights were often accumulated so that larger blocks of land could be patented sometimes years after the individual headrights were imported. __The fact that the same four headrights were mentioned in 25, 26 and 31 above [plus a fifth headright in 25 above], does not prove that the same 200 acre tract of land was involved in the three instances. Five headrights were definitely mentioned in the certificate of 25 above, while only four headrights were mentioned in certificate of 26 above and the patent of 31 above, on the photocopies of the original court records that the writer obtained from Northampton Co. Even if the same four headrights had been involved in all three instances, the same 200 acre tract of land may not necessarily have been involved in each instance because of the ease with which headrights could be sold or otherwise transferred and/or manipulated. __The hypothesis that Frances Graves was daughter of Capt. Thomas Graves is based on the supposition that the land applicable to the four headrights of 25 above was the same land as the land applicable to the four [actually five] headrights of 25 above. We have explained why this supposition and hypothesis could be wrong. __The discussion has so far been rather complicated. It becomes even more complicated and convoluted in discussing the fourth fundamental reason why Francis Graves was son of Capt. Thomas Graves. This reason concerns the circumstances surrounding the death of Capt. Thomas Graves. _John Graves, son of Capt. Thomas Graves, probably was born in England possibly by 1605 (APP327). He apparently was eldest son and heir-at-law because on 9 Aug 1637 he received the grant of 600 acres of land in Elizabeth City Co. mentioned in 22 above, where he established his home. His father, mother and brother Thomas Graves, Jr. came to VA on the same ship with him (22 & 31 above). He was deceased by 30 Apr 1640 when William Parry [Perry] gave bond to indemnify his former administrators [his three brothers-in-law] (24 above). _

Thomas Graves, Jr., son of Capt. Thomas Graves probably was born in England. A Thomas Graves patented 300 acres of land in Westmoreland Co. on 2 Mar 1656, in Gloucester Co., 55 acres and 240 acres on 20 Mar 1657, and in Lancaster Co. 700 acres on 20 Mar 1661, which he sold on 14 May 1662 (1C&P344,358,416,417,437). This Thomas Graves probably was deceased by 6 Mar 1674/5 (APP327 & 2C&P160) [See discussion later.] _

Ann Graves, daughter of Capt. Thomas Graves, born 1620, married successively three ministers of Hungars Parish, Accawmack. She married (1), before 10 Jul 1637, the Rev. William Cotton, who on that date patented land in right of his wife Ann Graves (22 above). He left will, Aug 1640-29 Dec 1646, naming "Brethrin-in-Lawe Capt. William Stone and Capt. William Roper as overseers". She married (2), by 1642, the Rev. Nathaniel Eaton. She married (3), as his (2) wife, the Rev. Francis Doughty. She died in Charles Co., MD, will, 26 Dec 1682-18 Jul 1683 (24 above and APP327-30). _Verlinda Graves, daughter of Capt. Thomas Graves, married, before 1640, Capt. William Stone. He moved to MD and in Aug 1648 was commissioned Lieutenant Governor of that colony. She died in MD, will, 3 Mar 1674/5-13 Jul 1675 (Ibid). _Katherine Graves, daughter of Capt. Thomas Graves, married, before 1640, (1) Capt. William Roper and (2) Lt. Thomas Sprigg. She died before 1 Sep 1668 (Ibid). _Francis Graves, youngest child of Capt. Thomas Graves, probably was born about 1630. Since he did not come on the ship with his brothers, he probably was born in VA. He married, by 20 Nov 1648, Jane ____, a widow with three children by a previous marriage or marriages. He died in Essex Co. by 1691 (40 above & APP330 & 16W[2]650). _

Rev. William Cotton married the sister Ann whom he transported to VA with himself (22 above). Francis Graves' other two sisters Verlinda and Katherine also did not come on the ship with his brothers which suggests that they, too, probably were born in VA. _

Capt. Thomas Graves probably was unmarried when he first arrived in VA in 1608. He probably was married, and his sons John and Thomas and his daughter Ann probably were born, during one or more of the several trips that he apparently made back to England. _Since he survived the "Starving Time" in the winter of 1609/10 when nearly nine of every ten settlers died [Dabney18], he probably was in England at that time. He may have returned to England in 1609 on the same ship with Capt. John Smith. __We have no further record of him until 1618 (3 above) so that he may have been in England for part or for all of the period of from 1609 to 1618. He may have been holding some public office and/or been engaged in business in Ireland in 1622 [5 above]. It appears that he did not bring his wife and two sons to VA until after 1623 because in 1623 he was living alone at the Eastern Shore (6 above). He died in Northampton Co. between 28 Nov 1635 (17 above) and 5 Jan 1636/6 (18 above). It is evident from 24 above that both a John Graves and a Thomas Graves had died by 30 Apr 1640 and that the three sons-in-law of Capt. Thomas Graves were the administrators of the estates of both the John Graves and the Thomas Graves. The deceased John Graves clearly was the eldest son of Capt. Thomas Graves. Published sources seem unanimously to accept the deceased Thomas Graves as Capt. Thomas Graves, and to identify the Thomas Graves, Junr. of 22 above as the Tho. Graves, Senr. of 37 above. __The hypothesis can be advanced, however, that the deceased Thomas Graves of 24 above was Thomas Graves, Jr., son of Capt. Thomas Graves. Sons John and Thomas, Jr. of Capt. Thomas Graves are believed to have been born in England and to have been brought to VA by their father by 9 Aug 1637 when the eldest son John patented land in Elizabeth City Co. (22 above). He owned land and was living in that county as early as 12 Oct 1635 (1C&P32,43). He probably was at least 21 years old in 1635 so that he was born not later than about 1614. We have no record that any Thomas Graves patented any land in the interval of some 21 years between the death of Capt. Thomas Graves in 1635 and the patent of 2 Mar 1656 (37 above). _

We can't pinpoint the birth date of Thomas Graves, Jr., but it is reasonable to expect that he was born by about 1619 so that he would have been at least about 37 years old in 1656. That was rather old for a man to begin to patent land in those days. _

This suggests that the Thomas Graves who began patenting land in 1656 may not have been son of Capt. Thomas Graves. He may have been the Tho. Graves that was imported by Stephen Gill in 1651 (Greer134). Or he may have been son of The Rich. Graves that was imported by Robert Pitts in 1637 or the Richard Graves that was imported by John Neale also in 1637 (Ibid). _

If Thomas Graves, Jr., son of Capt. Thomas Graves, was still alive on 30 Apr 1640, why was he not appointed as administrator of his father's estate rather than his three brothers-in-law? He would have been the eldest surviving son and heir apparent. It was customary to appoint the heir apparent as administrator. It was also customary to appoint a resident of the county in which the deceased resided as the deceased's administrator. _

Thomas Graves, Jr. apparently was not then living in Northampton Co. because he apparently was not appointed administrator. Was he living in another county, or was he, too, already deceased? The evidence in the writer's opinion supports his being deceased. __We know from 24 above that William Parry (Perry) had taken over the administration of the estates of the John Graves and Thomas Graves by 1640. It was his job under the laws of primogeniture then prevailing to assign all of the land in each estate to the eldest surviving son. If the Thomas Graves mentioned in 24 above was Capt. Thomas Graves, then the land should have devolved to his son John Graves. The son John Graves was, however, then deceased, so the land should have devolved instead to the then eldest surviving son Thomas Graves, Jr. If the son Thomas Graves, Jr. was also deceased by then as hypothesized above, then the land should have devolved to the son Francis Graves, who would then have been the eldest surviving son. _

The land of 23 above obviously had devolved to Francis Graves before his three brothers-in-law had relinquished the administration of the estates of John and Thomas Graves to William Perry. The record does not tell us definitely who the administrator(s) of Capt. Thomas Graves were who assigned this land to Francis Graves. The same rules of primogeniture discussed in the preceding paragraph should still apply, however, in that situation. _

If the Francis Graves of 25 above was female as hypothesized by Mrs. Jones, then the land should have devolved under the primogeniture laws to all the surviving sisters, or perhaps only to Ann (Graves) Cotton, the apparently eldest surviving daughter, and not to Frances Graves, the apparently youngest surviving daughter. _

Francis Graves apparently continued to live in Northampton Co. following his father's death until about 1642 according to 23 and 25 above. His mother apparently died or remarried soon after 20 May 1636 (19 above) since her name did not appear in Northampton Co. records after that date. He was married and was living in Essex Co. by 1648. _

It appears from 23 above that Henry Pedenden assumed the guardianship of Francis Graves durirg the period of from 1636 to 1638 soon after his father [and mother?] had died, when Francis was only about six to eight years old. _

Winthrop, as cited by Mrs. P. W. Hiden in 28 above, suggested that misfortune was befalling the family of Capt. Thomas Graves when he died. As a consequence, Francis Graves' guardian Henry Pedenden may have had to sell anything that Francis owned of value including the parcel of land of 23 above, and any rights that Francis may have had to the land applicable to 5 above or to the 200 acres of 10 above, to support Francis during his minority, so that he would not become a ward of the State. _It is not clear from the record why Henry Pedenden was selected as guardian of Francis Graves in 1636/1638. His three sisters apparently were then married and still living in Northampton Co. Each sister moved eventually to MD where each one died (APP328-330). _

His brother John was living in Elizabeth City Co. (1C&P32,38,43). We don't know where his brother Thomas, if he was still alive, was then living; a Thomas Graves was living in Gloucester Co. by 1657 (1C&P358). It is probable that neither of the brothers John or Thomas was still living in Northampton Co. Supposedly, none of his siblings or their spouses wanted to take on the responsibility of caring for an infant brother [or sister]. That the administration of the above-mentioned estates was turned over to William Perry in 1640 tends to support this supposition. _

"Neither of the Graves sons remained here to claim the land and in this year a patent for it was granted to George Truhett." (Whitelaw140 & 30 above). The death of Thomas Graves, Jr. by 1640 as hypothesized above would support this statement and the statement by Winthrop that misfortune was befalling the family of Capt. Thomas Graves.