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HERNDON
THE LAND:
1649-1900
VOLUME I
. Donald M. leVine ® February 1982
This short note discussing the history of the land
that comprises Herndon, Virginia, is dedicated to TSC.
)
i
.)
Herndon is a special place to me--it is not merely the designation of
the area in which my family and I live in our 1868-schoolhouse-converted
into-a-residence home, but much more importantly, a place with character, a
place where one single individual can still participate in the town and
actually influence the direction of the community, a place where a person
can walk at night and feel at ease and at peace with an environment that is
unique and not a reproduction of a hundred other communities, a place where
one can go into his side yard and feel the quiet, the peace and serenity
and the history of many others who have come before and left a legacy which
time has not yet eradicated by progress, by uniformity, by conformity, by
repetitiveness; Herndon is home.
This feeling of comf ort and ease came upon me partly f rom the
physical composition of the town--the houses, trees, curbless streets, and
the other material things in the town, but mostly it came because of the
kindness, the helpfulness and the just plain pleasantness of many of the
long time residents of the town who welcomed me into their homes and spent
hours of their precious time treating me with a kindness and equality that
I have never received before. I can never repay these kind people.
The rather inconsequential effort it took to assemble this little
history is mine; the inspiration, the spirit, the hope for the future and
the respect for the past which spurred me to try comes from these folks.
Herndon is Herndon because of them.
My life is so much richer because of them.
Alma Breckenridge
Elizabeth Ellmore
Emma Ellmore
Virginia Greear
Holden S. Harrison
Herman Kephart
Roberta Keyes
Henry Moff e t t
Will iam Moff e t t
Richard/Elizabeth Peck
ii
INTRODUCTION
I. Northern Neck Proprietary
In September 1649 Charles II of England, in exile because of the
execution of his father, Charles I, and the ascendency of Oliver Cromwell,
granted that part of Virginia "bounded by and within the heads" 1 of the
) Potomac and Rappahannock Rivers (Figure 1) to seven of his followers, one
of whom was Thomas, First Lord Culpepper; this land was called the Northern
Neck Proprietary. These seven men were empowered to IIgive, grant or by any
other way or means sell or alienate lands within the proprietary." The
land ( approximately 5,282,000 acres), being largely unmapped and
unexplored, had no definite, or at least commonly recognized, value.
Charles became king in 1660; in 1671 he reissued the grant of land.
The land was given f or only twenty-one years and was issued to six
Englishmen, not seven as before. Thomas, Second Lord Culpepper, Baron of
Thoresway, and his cousin, Alexander Culpepper, were two of the
recipients. 2 As with most documents written by mortals, confusion and
perplexity were inevitable. The confusion arose simply because the king
did not seem to be overly constrained by the patent--between 1660 and 1688
he issued additional grants (officially called patents) for parts of the
same land to other peoplel The perplexity arose since the government of
) Jamestown felt that the king had given them the right to issue patents of
their own for land "surrounding" the settlement; since some of this land
lay in the Culpepper et al. patent, the obvious concern arose as to who
owned the land and who had a right to the remaining land.
iii
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)
These disputes were finally (officially) settled on 6 April 1746 when
Thomas Fairfax's (Culpepper's grandson) right to the Northern Neck was
reaffirmed with the stipulation that he recognize those patents and grants
already given by the King and Jamestown for land within Fairfax's
proprietary.3
Lord Culpepper purchased the shares of four of his fellow patentees
and in 1688 was issued a new patent, in perpetuity, for the land designated
as the Northern Neck proprietary.3 Culpepper died in 1689, leaving the
land to his wife, Margaret, Lady Culpepper. Margaret inherited the
remaining share of the original Northern Neck Proprietary when Thomas'
cousin, Alexander Culpepper, died in 1693. Margaret, upon her death in
1710, willed the land to her daughter, Catherine, who had married Thomas,
Fifth Lord Fairfax of Cameron, in 1690; Catherine was a widow in 1710.
Catherine's son, Thomas, Sixth Lord Fairfax of Cameron, inherited the
entire Northern Neck proprietary in 1719. 3
Thomas, Sixth Lord Fairfax, issued grants* (i.e., sold the land)
through a series of land agents, the most vigorous of whom seems to have
been Robert "King" Carter of Corotoman. Carter was Fairfax's agent from
1702-1712 and, again, from 1722 until his death in 1732. 2
*Three ways have been used to d2scribe the acquisition of the original title to the land in Fairfax County:
o patents from the King: 1651-1690. o grants from the proprietors of the Northern Neck: 1690-1786
(landowners usually called grants "patents" even though they were not legally patents).
o grants from the Commonwealth of Virginia: 1786-present.
v
)
The English did not seem to be overly concerned with the land rights
of the Indians; however, Governor Spottswood of Virginia did conclude a
treaty with the Iroquois Indians in 1744 giving the colony of Virginia
title to "all lands within the said colony as it is now or hereafter may be
peopled and bounded.,,1
When Thomas Fairfax died in 1781, the proprietary officially ceased
to exist since, although Fairfax left his land to his nephew in England,
the Commonwealth of Virginia, now a part of the United States of America
and no longer an English colony, expropriated the land, declaring that it
had legal title to all lands in the Northern Neck not yet granted or
patented. 3,4 The "coincidence" that America was becoming an independent
country, severing the control of England, might have influenced the
Commonwealth slightly.
II. Fairfax County
The land contained within the present Fairfax County boundaries was
originally part of the County of Northumberland (formed in 1648), from
which Westmoreland was formed in 1653, from which Stafford County was
formed in 1673 and from which Prince William County was formed in 1730 (see
Figure 1). Starting in 1730, the Virginia Assembly decided to change its
procedure for forming counties: it would, in the future, first form a
parish and then, when appropriate, create a county encompassing the same
boundaries as the parish. Thus Truro parish, founded in 1732 and
encompassing everything north of "the river Ockoquan and Bull Run and a
course from thence to the Indian Thoroughfare [Ashby's Gap] of the Blue
Ridge Mountains,"5 became Fairfax County on 1 December 1742 (Figure 2) by
vi
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an act of the Assembly passed 19 June 17426 (Figure 3). From this version
of Fairfax County, Loudoun County wa s separated in 1757, t he boundary being
formed by a line from the mouth of Difficult Run where it emptied into the
Potomac to the source of Difficult Run and thence, in a straight line to a
'; point on Bull Run River where Little Rocky Run intersects Difficult Run. 5
Notice that this initial alignment left the land that has become Herndon in
Loudoun County (see Figure 2). In 1798 the boundary between Loudoun and
Fairfax was realigned so as to be a straight line from the mouth of )
Sugarland Run at the Potomac to Carter's Millon Bull Run; the land that is
Herndon thus became once again within Fairfax County. This designation of
the boundary was apparently not precise enough, for a bi-county commission
was established in 1953 to resurvey and more exactly delineate the
boundary. 5 Conceivably the impetus to precisely locate the boundary was
muted for 160 years simply because the value of the land (and accompanying
taxes) was not large enough to create concern or jealousy or • • • •
In addition to this change in its boundaries, Fairfax County has
"lost" several tracts of land that were originally part of the County when
it was formed:
o Arlington County--on 27 February 1801 Alexandria County was formed
by an Act of Congress and became part of Washington, District of
Columbia. In 1847 the land Was returned to Virginia but not to
Fairfax County. The City of Alexandria was chartered in 1852 and
separated from Alexandria County in 1870. In 1920 Alexandria
County's name was changed to Arlington County. 2
o Falls Church--Falls Church was incorporated as a Town on 30 March
1875 and became a city on 16 August 1948. 6
viii
An Art C&rratil1g J'airfax C&OUl1tg
AT A GENERAL ASSEMBLY BEGUN AND HELD AT THE CAPITOL IN THE CITY OF WILLIAMSBURG THE mXTH DAY OF MAY IN THE FIFTEENTH YEAR OF THE REIGN OF OUR SOVEREIGN LORD GEORGE II BY THE GRACE OF GOD OF GREAT BRITAIN, FRAI':CE AND IRELAND KING DEFENDER OF THE FAITH &c. AND IN THE YEAR OF OUR LORD 1742 BEING THE FIRST SESSION OF THIS ASSEMBLY.
CHAP. XXVII AN ACT FOR DIVIDING THE COUNTY OF PRINCE WILLIAM
For the greater ease and convenience of the inhabitants of the county of Prince William in attending courts, and other public meetings; Be it enacted by the Lieutenant Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the Authority of the same; That from and immediately after the first days of December now next ensuing, the said county of Prince William shall be divided into two counties; That is to say, all that part thereof, lying on the south side of Occoquan and Bull Run., and from the head of the main branch of Bull Run by a straight course to the Thorough-fare of the Blue Ridge of mountains known by the name of Ashby's Gap or Bent. shall be one distinct county, and retain the name of Prince William county, and be one distinct parish, and retain the name of Hamilton parish. And aU that other part thereof consisting of the parish of Truro shall be one other distinct county, and called and known by the name of Fairfax County. And a court for the said county of Fairfax be constantly held by the justices of that county upon the third Thursday in every month in such manner as by the Jaws of this colony is provided, and ahall be by their commissions directed.
)
o Fairfax Ci ty--Fairfax was founded as the town of Providence in
1805, changed its name to Fairfax in 1892 and became a city in
June of 1961.
As an interesting sidelight, the following table indicates the amount
of Fairfax County (including, for this chart, Arlington County, Alexandria,
Falls Church and Fairfax cities* granted during several periods: 2
1651-1678 14.5% granted as Royal patents while , !
part of Northumberland,
Westmoreland and Stafford
Counties;
1679-1732 63.66% granted while part of Stafford
County;
1732-1742 12.6% granted while part of Stafford
and Prince William Counties
1742-1976 9.24%
An interesting observation is that almost 91% of the County's land was
distributed by the King of England or by the agents of lord Fairfax before
the County was even formed! Robert "King" Carter, Sr., and his relatives
acquired 10.9% of Fairfax County between 1707 and 1728. 2
\
* These four jurisdictions comprise approximately 31,424 acres while Fairfax County presently contains 255,360 acres.
x
III. Herndon
While no one is certain which particular tribe(s) lived on the land
that has become Herndon, it is clear that Indians were living (if only
7seasonally) in the Town at least 8,000 years ago. The Indians had no
known formal mechani SIn (such as written deeds) to designate or transf er
ownership, in the modern sense, from one person or group to another. Even
if they had had such a system, the British ignored it and assumed that, as
the natural right of being the first Western European (i.e., "civilized")
country to discover or explore (exploit?) the area, the land "belonged" to
them and, in particular, their monarch (land obtained by warfare with
France, Spain or other countries was also considered a valid method of
securing ownership, regardless of the native American's laws or customs).
This attitude meant that the Bri Ush clearly "owned" Virginia as soon
as it established the "right" to do so with respect to other European
countries. The land which is now Herndon was among the land "owned" by the
King of England (from when?--Raleigh's lost colony? Jamestown settlement in
1607?) until 1649 when Charles II, in exile, granted the land to seven
Englishmen (see Section I). As discussed above, Thomas, Fifth Lord
Fairfax, inherited control over this land in 1719.
Although the land that was to become Herndon lies totally within
Fairfax's proprietary, it was contained in two different patents--one
granted to Robert Carter, Jr., and one granted to Thomas Barnes. Since the
Carter patent contained the vast majority of the land, a brief description
of the history of that parcel will be given here, while a history of the
Barnes property will be given in Chapter A, the only Herndon land not
contained in the Carter patent.
xi
Thomas, Sixth Lord Fairfax of Cameron, issued grants (through land
agents) during his proprietorship; among these grants was one to Robert
Carter, Jr., on 27 February 1729 (NNC/36)* for 8141 acres2 [Carter was 25
years old and his father was the land agent for Fairfax; Carter, Sr., used
the ploy of issuing grants to his son several times in an apparent attempt
to lessen the amount of land that he (Robert, Sr.) seemed to control].
This grant was resurveyed in 1772 and was found to contain 14,847 acres
within the identical boundaries described in the 1729 patent; the "surplus"
land (6706 acres) was added to the original grant and a new grant was
issued on 16 October 17722 (Figures 4, 5) (NNI/222).
When Robert Carter, Jr. died in 1790, a parcel of land in which most
of Herndon lies was "awarded to John Page of Rosewell, John Page of North
River and the representatives of Robert Page of Broadneckll ** on 14 May
1790; the entire tract given to these men was called Page's Lott (sic);
Figure 5 shows the part of the Page Lott within the present boundaries of
Fairfax County (see Appendix a f or a brief description of the division of
the Page Lott by the Pages into sub-lots).
Ferdinando and Eliza Blair Fairfax obtained this land by a IlDeed of
Bargain and sale from the said John Page of Rosewell dated 9th June 1790,
by a Similar Deed from John Page of Buckroe and his brother William Byrd
Page of Alexandria (heirs of the said John Page of North River) dated 4th
July 1790, and by a Power Attorney f rom William Fleming Gaines, Executor of
* 36.NNC/36 = Northern Neck Proprietary deed records, book C, page
** Relinquishment of Dower of Eliza B. Fairfax; Loudoun County deed book, Z, page 429; 18 November 1799.
xii
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------
Figure: ___
DEED BOOK/PAGE: _____ DATE: __________
FROM: _____________________________ TO: ________________________________
ACREAGE: -'--___CARTE 11 PATeNT IN FAIR F/J)( C04tVTj
THOMAS 117271
1725 Ac
2211 Ac--------LOUDOUN COUNTY LINE
RICHARD COLEMAN /1818)
35.06 Ac
SAVAGE 11731)
800 Ac
SCALE:
2000' 4000' - S
1" = 4000' = 242.4 ROd$
Patent/Grant Boundary r_ --_____ Sit Herndon
- - - - - - Roads in Herndon
't-Adapted from Mitchell, "Beginning at White Oak.
the aforesaid Robert Page of Broadneck, who in his last will and Testament,
has directed the sale of his share (Expectland) of the said Land." (Z/429
Loudoun).*
* All references to deed book/page number will be those of Fairfax County unless otherwise annotated, as this one is; thus H3/207 refers to book H3, page 207.
xv
REFERENCES
1. Historical Society of Fairfax County, Virginia, Inc., Yearbook, Vol. 2, 1952-3.
2. Mitchell, Beth. "Beginning at a White Oak ••• Patents and Northern Neck Grants of Fairfax County, Virginia," 1977, McGregor and Werner (available through Fairfax County Ad~inistrative Services Office).
3. Netherton, Nan, et a1. "Fairfax County, Virginia, A History," 1978.
4. Templeman, Eleanor Lee, and Nan Netherton. "Northern Virginia Heritage," 1966, published privately by E. L. Templeman.
5. Hi storica1 Society of Fairfax County, Virginia, Inc., Yearbook, Vol. 4, 1955.
6. Historical Society of Fairfax County, Virginia, Inc., Yearbook, Vol. 5, 1956-57.
7. Johnson, Michael F. "Prehistoric Site Survey of the Herndon Municipal Golf Course for the Fairfax County lH.story Commission," 23 <k:tober 1978.
xvi
CHAPTER A
Figure:
DEED BOOK/PAGE: _____ DATE: __________ FROM: _________________________________
TO: __________________________________
ACREAGE: ________
CARTER 11729 & 1772) 14847 Ac
\ \
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THOMAS (1727) e ......pilrlt' _'" ....\f'l-. " .~" "" -4 .......... or \ 1125 Ac "e,,,, <r \
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',f: SAVAGE 11731)~'k {7:::.~ Qj 800 Ac\ ....
LOUDOUN COUO" LIN. _______ _ --------- I
Patent/Grant Boundary ---------_"'1 Herndon
- - - - - - Roads in Herndon RICHARD COLEMAN (1818)
35.06 Ac '1> SCALE:
Adapted from Mitchell, "Beginning at White Oak.. " 2000' 4000' !!!!!!!!I
~" 1" 4000' = 242.4 Rods
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