10 TilE :M_\LLORY F.ufILY PART ONE,

,T

11

"-hich heard, the cry o'th' poor about thy gates'So sll'akt thc doors of adamantilllc fates,

That by t/leir page th' a Supersedeas ~ent

To death, to shew th' altered their intent.For, if we take him, one of them did say ­How many will with hunger pine away!"

\\hen Sir John died the same poet broke out into Latin verse in the form (\f .~.Dialo~e·.between the Ure and the Skelle [in Yorkshire] bewailing the deeeasE7 Of tlilS tllere IS

an English .ersion. The first three stanzas of the Latin are an follows:

UR. Die mihi Skelle preeor, solitus qui te dare nobisLaetum, cur subito soh-ens in lacryma.s!

~-\n tibi quis liquidas turbavit tlumine lymphas~n dilecta tibi Nympha proterm fuit!

SK. Xon hoc aut ilJud: gravior me causa fatigitXostraque sollicito corda dolore premit.

Ronne tibi nota est Commnis causa doloris!Nonne 1Ialorei funera nota tibi!

UR. An )Jalaoreus obit! Parcae potuere ferocesTalis, et heu tanti, sumpere fila viTi!

An )falaoreus obit! Fatorum 0 ferrea jura!Et nunquam (heu!) satiata )Jalis!"

WILLLUl:U }.f.....LLORY, Esq., of Studley and Hutton, eldest son and heir, was fi.e yearsold at the Herald's Visitation in 1585_ He was 11. P. for Ripon in six Parliaments betweenIGl4 and lG40. He married Alice', daughter of Sir James Bellingham, of Gter Le.ens, byAgnes, daughter of Sir Henry eu:rwen, of Workington. He was buried in Ripon 1finster,:March 4,' 1G45-6. His 3d, but sun-h-ing son and heir was:

Sm JOll:\'u }'1.~LLORY, knt., 11. P. for Ripon 1640. He was also Colonel of a regimentof dragoons and of the Train Band Foot Regiments of the Wapentakes of Staincliffe andEwecToss in the West Riding. He took an active part in tbe CiYil \\ar, and performedseveral efficient servi~s for the KiLg. As governor of Skipton Castle he held that fortressthree years. He died at Studley and -:vas buried at Ripon }.finster, Jan. 24, 1655-6. Hebad been obliged by Parliament to pay a ~omposition of £2,219. He married lfary, daugh­ter of John Moseley, Esq., of York. His oli'y son, William" Mallory, died unmarried in

1666.Sir John's second daughter, ~fary1J, born 16,.tO, married Mr. George Aislabie, of York,

and IJeeame tIle heiress of the estates.11r. Ais1abie came t<J bis end in 1674 in a yery unfortunate manner. lfiss lfallory, his

wife's sister had been to a party at the Duke of Buckingham's house on Bishophill(York), at ~he close of which, she was escorted bome to her brother-in-law Ais]abie'shouse, by ~fr. Jonathan Jenings, brother of Sir Edmund Jenings of Ripon. By somemischance they could not get in, and so Mr. Jenings was obliged to take the lady tothe residence of bis hrother-in-Iaw, Dr. Watkinson. On the following day Jenings toldAis1abie that it 'was hard Sir John Mallory's daughter must wait at George Aislabie'sgates and not Oe admitted. Tbis produced a quare] and a challenge, and the two met atPenley Croft, close to the city, the signal of the meeting being the ringing of the Minsterbell to prayers on a good Sunday morning. Mr. Aislabie was killed. An account ~f .thetTanDaction was left by Oliver Heywood, the nonconformist, in bis Diary, and the ongmaldepositions referring to it have been published by the Surtees Society. No e.ent in York-

, A sister or this lady was motber of Wllllam Claiborne of Virginia.

shire in the latter half of that century caused so great a sensation. Mr. Jenings was in­fluential enough to obtain bis pardon from the King, but it was long before the incidentwas forgotten. Jenings was afterwards knighted and prepared for publication a tractentitled "Naked Truth," to vindicate his eharacter from the slur the duel had thrown

.upon it, but it never went through the press. Sir Jonathan Jenings was the uncle ofEdmund Jenings, Governor of Va. (Va. Mag. History and Big. XII, 308.)

THOMASll MALLORY, 4th son of Sir William'· Mallory of Studley (see Page 7), was bornabout 1566. He was 13. D. of Cambridge, and was instituted June 27, 1599, to the impor­tant living of Ronaldskirk in the North Riding of Yorkshire. He also held the livings ofMobberley and Davenbam in Cheshire j was instituted Archdeacon of Richmond, Nov,6,1603, and on July 25, 1607, was presented to the Deanery of Chester. On Oct 11, 1619,he purchased the advowEon of Mobberley Church and became its parson in 1621. Duringthe Civil wars Dean Mallory and his sons became actiye adherents of the King. In 1642he was obliged to fly from his rectory house at 1fobberley, and according to Walker(Sufferings of the Clergy, II, 305, 311), found refuge in Chester. He died at Chester,April 3d, 1644, and was buried in the quire of the Cathedral.

By his marriage with Elizabeth, daughter of Richard Vaughan, Bishop of Chester, hehad issue:

I. Richardu , of Mobberlev, eldest son, married and had issue. The estate of Mobberleydescended in his family. His estates was sequestered by Parliament, and he made com­position for £193.16.

II. Sir Williamu, baptized at Davenham, Aug: 4, 1606. He was of Bishop Auckland,was a Captain in the army of Charles I; was knighted Feb. 1, ]642-3, and died in 1643,without issue. On Oct. 26, ]643, Philip Mallory, of Norton, clerk, administered on hisestate. Sir William was either killed or died in service.

III. Thomasu (of whom later).IV. GeorgeU , curate of ~Iobber]ey in ]632, married Alice, daughter of Thomas Strethill,

of Mobberley, settled in Ireland, and had many c~ildren,

V. Johnu, baptized at Davenbam, May 4, 1612.VI. Averyu.

VII. Everardll••

VIII. Rev. PhiIipu, "son to the Right Wor'll :M'r Thomas Mallory, Dean of Chester,baptized April 29, 1618," (Register of St. Oswald's, Ohester). He emigrated to Virginia.For a sketch of his life and an abstract of his will, which mentions his nephews, Rogerand Thomas Mallory, then in Virginia, see Appendix.

IX. Francisll, bap'jzed Jan. 13, 1622.X. Jane, wife of John Halford, of Davenham.XI. Kathcrinell (Marthan married John Batte, of Okewel1, Yorkshire, who emigrated

to Virginia.XII. Elizabeth, wife of Rev. Thomas Glover.XIII. Mary, married Re\'. Edward Wirley.

REV. THOMAS" MALLORY (son of Dean Mallory), was father of the emigrants to Vir­ginia. A""sketch ~ lilS I e and a copy of his will are gi.en in the Appendix. In addition,however, the following, deri.ed like most of the other information in regard to the Mal­10rys of Cheshire, from The Cheshire Sheaf, will be given.

Thomas" Mallory, the younger, was the third son of the Dean, and was born about1605. On the 15th October, 1624, I.e matriculated at New College, Oxford. By his brother,Richard Mallory of Mobberley, Esq., and Wm. Forster, Gent., he was in 1634-5 institutedto the Rectory of Northende?-!_Cheshire, (15 February) and was re-presented by the

I',.4

12 TIlE :M.li.LORY F_UULY PAltT ONE 13

Barwick to the Deanery of Durham, in which he was installed I ~t ~ov. ~1allory's petitionis as follo\ys State Pa,peTs. Dom. Chas. II, voJ. VII, No. 58: •

"To the King's Most Excellent Ma'ty:The humble peti'on of Tho: Mallory, Clerk, Sheweth that y'r pd'r hath served y'r

Royall father throughout ye Warre and y'r royall selfe in ye late (though abortive)endpa,vors of ye Cheshire Gentlemen, hath ever beene conformable to ye GO\'ernment andDiscipline of ye Church of England; and whereas ye Rectory of Houghton On the Side,in the Bishopriek of Duresme, is now voyd and in y'r Mat'yes Donae·on.

"May it therefore please y'r gracious Mat'y to grant y'r roya]] presenta'n unto yesaid Rectory unto ye pet'r.

And y'r pet'r shall ever pray, &c.""At the Court at Whitehall ye 6th of July 1660:"His Ma'tie is graciously pleased to referre this Petition to DOd(lf Shelden Deane of

the Chappell, Dr. Earles Deane of Westminster and Doctor M0r1ey Deane of ChristChurch or any two of tlJem, who are to inform themselves of t.he Pet'rs merit and duequalifaeaco' for the said preferment and report the same to his Ma'tie tog~ther with theiropinions.

"Whereupon his Majesty wiJJ signify his further pleasure."

(Not Endorsed) .

The dignitaries named in the King's direction were those who managed the ecclesiasti­cal business at tbe Restoration.

To this paper is annexed a Document Humbly Certifying "that ye B"arer hereof Tho:Mallory M. of Arts, Episcopally ordained, is of a holy life and Conversation, orthodoxein Judgm't conformable to the Antient Doctrine and Discipline of ye Cburcb of England,and bath bene in these late revolue'ons of times faithfull and loyall to his I:?aered Ma.'tye,and to bis father of ever blessed Memory." Tbis Certificate is signed by Bruno Ryves,Deane of Chieb (eater); George Hall, Archdeacon of Cornwall; ThOID:ll! Hyde, Can. D'ni.Epi. Sarum ; and Geo. Wilde, LL.D. All were firm and aeti,e ro:a i;;ts. Ryves was theauthor of MereuriuB RusticuB and otber writings in the interest of tbe King. Hall, sonof the celebrated bishop of that name, had been beneficed in Cornwall during the troubles,was consecrated Bisbop of Chester in 1662, and as such was, sccording to Martindale, p.165, "brisk with his signifieavita." Hyde belonged to the family of the Chancellor Claren­den, and held other p~eferments in Salisbury Cathedral. Wilde became Bishop of London­derry.

Some of these clergymen were amongst those who ministered to loyal congregations inLondon during the troubles; and an indication of Mallory's pre..'i.'IlCi.' with them is ob­tained.

The petition for tbe Rectory of Houghton was not successful; ior Dr. "illiam San­croft was appointed 7tb December, 1661, on the resignation of Bannd;; (Surtees Dnrham,i 157). Mallory next tried to obtain other preferment in tbe north. and in July, 1660,addressed the following to tbe King (Ibid., Vol. VI) No. 104:

"To the King's Most Excellent Ma'ty:The humbe petie'on of Thomas Mallery, Clerke Sheweth:"That ye pet'r is and ever hath bene a faith full sonne of ye Chnrch of England, a

Loyall and obedient Servant & Sub't of y'r royall father & y'r M:~'ty; (.bat besides hispersonall Sufferings for his Loyalty, which were eminent, he hath l~t 5 Brethren; ofwhom some dyed, others were slain in his late Majestyes service. .

King, 6th August in the same year (Earwaker's East Cheshire, 1. 2!J:!·3) The death ofhis wife Jane occurred at Xorthenden, 12th February, Ili3S·9,uut he FeelllS to ha\'e re­

married before 1643.On the breaking out of the war, he, like his father, was compelled to forsake his bene­

fice; and he fled to the adjoining garri:;on of \Yithenslw.w, which had been fortified bylI1r. Talton, as described in SOllle interesting and original papers in East Cheshire, pp.314.5. In that stronglJOld ~1allory met with another detenniqelf allti·Parliament parson,11r. Pollitt, the Curate of Choalton·cum-Hatryey who hiJd. made. himself obnoxious tohisleading parishoners by attending horse races at Barlow Moor, and by oth~r-proceedings

which they deemed unclerical.In CTiYinCT evidence aCTainst this clerCT,man John Barlow, one of the ,ilJagers swore

(lOth"Feb;uary, 164i.S") that he had h~ard ~1r. Pollitt confess to 11r. Hyde of Dentorthat he went to Withenshaw, then a garrison, to speak with Mr. 11allory, of ~orthenden,

a malignant parson. \Tithenshaw house \\'as finally attacked and taken (25th February,1643-4) by CoJ. Robert Duckenfield, and l1allory was one of those whose names weretaken down as being then present. His liring "as sequestered about Aug. 1644, and others

served the Cure.His possessions consisted of a parsonage house and a little glebe land thereto. His

wife claimed and recei,ed her fifths out of the Rectory.Where the family resorted to does not appear. But in 1648, 6th July, Henry Newcome,

afterwards the well known Minister of l1anchester, was married "at 11allory's houseat Dayenshaw (qu. Davenham?) to 1Iistress Elizabeth Manwaringe." A utob. pp. 295and 10. At Dayenham the elder ~1allory had been incumbent 43 years. Mallory in someway obtained in the year 1661, a title to the Rectory of Eccleston, in Leyland Hundred,Lancashire, (Baines 'Xe1/) Ed. II, 148), an appointment which occurred il:) the very yearin which Edward Gee, the energetic Presbyterian placed there by the local cJassis, was

imprisoned.Gee, llOWeyer, returned from his incarceration; and he dated his prison book, .A.

Treatise of Prayer, Lond. 8 ,0, from Eccleston which indeed he continued to occupy. Thecircumstances attending 11allory's presentation to this rectory are not on record, buthis right t.o it at the Restoration doe~ not seem to have been called in question.

The next important event in ~1allo:y's life was his engaging with Sir George Boothin the Cheshire Rising. On the passing of the .-\ct in 1661, Mallory entered into possessionboth of Xorthenden and Eccleston, for bati' li\'ings had become ,aeant by the deaths ofthose who had been appointed during the inU,"regnum.

:Mr. Earwaker (1295) states that Mallory 'i\l1S re-instated at Northenden in the year1662; but no authority is cited for that date, which seems about a year too late. Alludingto the preceding rector, Henry Dunster, who was buried there 20th March, 1661-2,CaJamy says that Mr. Mellory (i.e. ~1allory) was remarkably grateful to him. On April17, 1662, ~1allory received a dispensation to hold the rectories of Eccleston and Northen·den. In some way Mallory became possessed likewise of the Advowson of this Rectory;for in the Chester Chapter Books there is an entry, 31st October, 1662, that the Advow­son of Northenden for one term only "as to be altered, on Dr. Mallory's bebalf, from hisown nallle to those of Sir Jeffrie Shakerly, Sir John Nederne and Edward Hyde, Esq. Thenext vacancy, whif"h did not arise through 1Iallory's death, occurred about five yearslater, when John Cooke was instituted Rector, 25th February, 1667-8, on the presentationof Edward Hyde of Hyde Esq. (Ew"aker L 295.)

In the year 1660, when tbere were many applications- for the vacant-ecclesiasticalpatronage in the King's gift, Mallory was acU,e for his own furtber advancement. Onthe Gth July t.hat year he drew up a petition for the rich Rectory of Houghton--0n-the­Side-Le., we presume, Houghton-Ie-Spring, soon to be void by the removal of Dr. John

This Petitioner is capable of ye ,favour he desires.ED". NICHOLA8.

G. SIIEI.OOl'i,GEOR. MORLEY.

14 'i'HK MALL01U lCAMILY PART ONE15

,,"'11'm Y3...~ry.

Justices.}

Acknowledged in Cort of EJiz. Citty County this 18th of Xbr., 1696.

Teste Chas. Jenin..~ Clerk

Witness:

Thomas Vvythe, Sen'r,Charles .Tenings.

Elizabeth Citty County.

At a meeting of their Ma'ties Justices at ye bouse of Mr. William )Iallory's Y",y ye3d 1693.

PRESENT:

Mr. Edmund Swansy,Mr. Tho. Wythe Jun'r,Captain William Armistead,Mr. Aug. Moore.

The aboye letter of Atorney was then Prouved by tbe "Oatbs of Thomas ,,"yL~ andCharles Jenings."

On the same page follows a similar power of Attorney in tbe case of another mrt ofland in King and Queen eounty, sold to one "John fl'ord," Mallory being spelled u thiscase invariably with two "1's." Executed and proved the same day.

In tbe same book on page 223, appears the following:"Know all men by these pres'nts yt. I WIlm. Mallory, Doe give unto my SonD Frd..!lcis

Mallory one negro Lad nam'd Will and one Gray Mare & their Increse t{) him &: 1m !:eirsfor ever. It Being in consideration of forty Pounds Sterling. It Being GiH'n Tn", mvsaid sonn By his Grand Mother Ann With. •

As Witness my hand this 18th of Xbr., 1696.

In 1704·5 Roger Mallory was a Justice of King William county. (Va. JIaga:i~.e -!.pril,1901 ).

Nori:.--Captain Roger Mallory was probably the son of Jane the first "-;je f Dr-.Tbomas Mallory, and if so was born between 1632 and 1638.

Dr. Mallory apparently did not leave Oxford till 1632, and his wife Jane di£i! i= 1638.Roger was therefore about 70 years of age in 1705, or less.

.,. .~LIAMlC MALLORY, son of Captain Roger Mallory, appears to ha,e senl£i! b Eliza­beth City county, Va., as early as 1680. He married Ann Wythe, daugbter oj EomasWythe, gent., a justice of that county. .

Fro~ the book of "Deeds and Wills, 1689-1699 Eliz. City county," page 115, i~ ~~F"a.rsthat Diana Moore, wife of John Moore of Gloster county, on the 27th of XOT_ Ib"OO,relinquishes quit claims, etc., her right, tiUe, etc., to a certain tract of land in rliEJ-bethCity county, to William Mallory whicb it appears ber J usband and Susannah }JeoC:<- had"on the 16th of August, 1080, sold to the said William Mallory of Elizabetb City c:~ty.;;

On the same page appears the following: "Know all men by tbese presents t1.a: I Ann'Malo:y, wife of Will'm Malory of ye said county of Eliz. City, doe bereby apollo andlconstItute my Father in law Captain Hoger Malory, of King & Queen county, I=.J true I,

and lawful atterney for me & in my name & stead to acknowledge in ye C-aurt 0;; King \& Queen county, all my right of dower or tbird yt. I have or ougbt to have of ~ and \to two ~arcels of land lying in Pomonky Neck in aforesaid county unto Ricbard {;:zage, \contaymng--acres of land, as by two deeds of sale may appear, sould by my sai':·hus­band unto ye s'd Richard Gizage & what my said Atorney sball lawfully act aL.5 doein ye Premises afores'd doe hereby Ratifie and Confirme in as ample manner to ill In­tents and purposes as if I were personally present.

Witness my hand and se~le ye 2d, s'd day of May, 1693.

Mallory cied at Brindle, near his Rectory of Eccleston, where he was buried on 8thSeptember, 1671.

He\'. Thomas !lIallory" names in hia will,' his wife Frances, his sons ThomasU andRoger" in Virginia, his son Jobnu , in. LOLdon; and daughters Jane Stampe, Mary Forde

and Susanna. - ~J~ £,.. I pe#.l fM,<,c4 r'

ROGER" ~rALLORY, son of Dr. Thomas" Mallory rector of Nortbenden, Cheshire, and ofEccleston, Lancaster, England, obtained a grant of land in Virginia in 1660. His uncle,the Hev. Philip !l1allory, also willed to him all his plantations in Virginia. He sei:Ued inOlat part of Xew Kent county, Va., which later became King and Queen county and stilllater King William county.

He was a .Justice of Xew Kent county in 1680, and as late as 1690 (Va. Magazine Jan.,1894, and April, 18(9), and of King and Queen county in 1693, (see below) and the titleof Captain. On the 30tb of April, 1688, he received by patent a grant of "2514 acres ofland sittuate and being ye P'ish of St. John in ye county of New Kent on ye south sideof .Mattapony River • • • w'ch land was formerly granted to ye said Captain HogerMallory by pattent and in the late troubles casually lost and is due by and for ye trans­portation of fifty-one persons," &c.

On the 26th Of~pril' 1098, Roger Mallory referred to as "gent," received by patenta grant of 300 ac s "lying in King and Queen county aforesaid (but lately part of NewKent county)."

\,\

"And whereas ye Prebend of Stillington belonging to the Cathedrall Church of Yorke is. nOW yoyd, & in your lIa'tys Gift by vacancy of that See. May it therefore please your"sacred :Mat'y to conferre ye s'd Prebend upon y'r Pet'r. •

"And ye pet'r shall as in duty bound pray."At the Court at Whitehall ye 13th of July 1660 His Ma'tie referres this petic'on to

Doctor Sheldon, Doctor" • • • •The piece of patronage went, however, into the hands of Henry Bridgeman (brother of

Sir Orlando) who afterwards succeeded to the Deanery of Chester and Bishopr.~c.of Man.At length Mallory's pertinacity was rewarded by a Prebend, .iz., the" Sixth' Stall in

Chester, being presented to it on the 30th July, 1660 (Le XeYe, IIh27l'; Kennet, 333;Omerod, 1,271). It has been said that he held this stall 'till 1662, probably resigning iton leaving Chester for Xorthenden. But this date wants modifying. The next Prebendaryin Le Neve's list (Evans) was indeed instituted in 1662; but it does not follow that hepassed into Mallory's Stall, for Le Neve has put all the six prebends in one list, chrono­logically arranged; but Ornerod (i 271) has more properly divided the names into sixlists, from which it is ascertained that Mallory's successor in the Sixth Stall was ap­pointed, in 1664. According to the new edition of Ormerod (i. 271), there is a doubt'l'l'hether this Prebendary was the same person as the Rector of ~orthenden,

On 19th Sept., 1660, Mallory, then called 1\1. A., was further admitted to the Prebendof Wolvey, in the Cathedral of Lichfield (Kennet, p. 333; Le Neve, I, (42). He probablyhad an early promise of this preferment, for on the 4th August in the same year he signshis name as Preb. de Lichfield to a document advancing the claims of Francis Mosley,Minister of Bunbury, in Cheshire, to a Fellowship, in Manchester Church, his (Mallory's)associates in that kind office being Dean Henry Bridgeman, D.D., Dean of Chester; Rich.Heyricke (Warden of ~lanchester); Tho. Case (of L.ondon); Joan. Cole, D.D.; B. Eaton,D.D.; and Richard Johnson (Fellow of Manchester).

About tpis time :\1allory would seem to ha.e obtained his degr~eof S.T.P. In 1661-2(Feb. 25) Dr. ~IalJory was nominated by the Chapter of Chester to the Rectory of St.~1ary's, Chester, on the a,oidance thereof by Mr. Richard Hunt, in order to a certainagreement between him and Capt. Richard Brereton, of Chester.

• • •

16THE ~L\LLORY FAMILY PART ONE 17

Witness:Wm'll (!)Simon Hollidavi'

On the. 20th af •.\pril, 1GS7, William )[allory reeeivcd by patent a grant. of 3740 acresof land, "lying in ~ew Kent County in POll1unky Xeck w'ch land was formcrly sun-eyedby Capt. Wm. ClayboUl ne dec'd for Captain Hoger Malory."

On the 2d of :lray, 1706, he received a patcnt for 274 acres ill,Elizabeth City County.'Dle will of \Yillialll )rallory is recordcd in the boo~,.of Deeds, \Yills, Imcntories and

Orders 1715 to 1721, Elizabeth Cit, County. "("I \rilliam" )lallory of Elizabctb City County in Virginia Will datcd 17 •.\:{rgust, 1719.

Proved 15th February, 1720.To my loving son Francis" :llallory the Plantation whereon I now dwell.To my son \Yilliam'" :lIallory all the residue of my Lands to enjoy the same at the age

of sb:teen.In case of the death of either son without heirs his part to fall to the sun-ivor and his

heirs.All Illy personal estate (except my Copper Kcttle) to be equally dh'ided between my

son \Yilliam &; my Daughters :lIary and Ann. Above mentioned Kettle to son William.Unto son Francis negro man named \rill. Also a small brass Kettle. Son Francis to

ha,e liberty to get timber o,er my whole land for his Plantation use.Executors, sons Francis" and \rilliamJ5• Mr. Thos. Wythe appointed overseer to see this

will proved and performed. '\'1itnesses Jno. B. Bean, Ann Bean.

FRAl'iCIS15 ~hLLORl," son of \rilliam" :llallory and his wife Ann (Wythe) Mallory,'married .-\nn )lyhill, as appears hom "An ':\cco't of Marriage Licenses 1719-1720," Eliza­beth City county Hecords. It also appears from the county records that (about the year1721) Francis :\lallory came into court with Ann his wife "formerly wife of Edward:I1yhill" on busines3 connected with Edward's will.

It secms probable that Francis :11. married a second time and that the family nameof the second wife was Johnson, his only child being named Johnson.

Fro"m a deed recorded in 1738, it appears that Francis Mallory wa,s Church Wardenfor Elizabeth City Parish in that year.

The following is an abstraet of his wiH which is recorded in Elizabeth City county:Will dated 7"'January, 1742. Proved 18 July, 1744. Francis15 Mallory of the county and

Parish of Elizabeth City.1'0 granddaughter Ann :\lallory five negroes named Lucy, Whittey, Kanny, Juny and

Aggy. To cousin Eli7.abeth Read fifteen Pounds Current money of Virginia. To my goodfriend Capt. John Tabb a Gold Ring of twenty shi!Jings 'alue. "I give and bequeath untomy son Johnson )Iallory and his heirs forever all my Land both in this above-saidcounty and in Warwick county together with an my sla,es which I have not here tofore given; all my Stock House hold Goods and Cash by me and an other Goods orEstate which to me belongs or in any wise appertains, to him the said Johnson" Manoryand his Heirs forever. Item whereas I haye and :here belongs to me the Re,ersion ofccrtain Tract of Land lying in King \\"iIIiam County now belonging to the Indians andother Persons which are now in the possession of the said Indians and those other Per­sons. It is therefore my will and desire that the said Renrsion and an the Rights, Titleor Claim that I or my Heirs have or should ha>e if this Will had never been made dogo and decend to my said son Johnson and I do hereby give and bequeath the same tohim and his Heirs forever."

Appoints his son Johnson'" his "wbole and sole Executor."Witncssc:'s: John Tabb, ~1argaret Tabb, Wm. Bean.

j

I

JOHNSON'· MALLORY only child of Francis'S )1allory marricd Diana--. It is probahlethat the maidcn name pf his wife was Diana King.

Abstract of the will of Johnson'· Mallory'of the County and Parish of Elizabeth City.Will dated 9 May, 1760. Proved 5 May, 1762.

To daughtcr Margaret Mallory Four Hundred Pounds Current )loney of Virginia; Sixlarge Sih-cr Spoons and Six tea spoons and the fol1owing slaves: Fortune, Phillis, York,and Phoebe and all their future increase., > AQ·Daughter Mary Mallory Four Hundred Pound Currcnt ~Ioney of Virginia; sixlarge Silver Spoons and six Tca spoons and the following slaves: Esther, Lucy, Betty,Jupiter and George and an their future increase.

To Daughter Ann King Ten Heifers of three years old. Ten Ewe Lambs and One youngsoriel Mare. \

To son Francis" Mallory the Plantation I DOW live on; all my Land and Plantation atBack River; all that my Tract and Planlation of Land Lying and Being in t.he Countyof Warwick, Cont.aining Two Hundred Acres.

To son Edward" Mailory all my Land and Plantation at Harris Cre-ek in this County,being Lands formerly Purchased from John ~1asseI!berg, John Armistead and Gil Arm­stead; an my Lands and Plantations in York County and Cbarles Parish, and the fol­lowing slaves: Jacob Boatswain, Dick and Annaka.

To son Francis" Mallory my Silver Sett of Buckles, my Troopers and other MilitiaArms. '

"I hereby Order and Appoint that out of my Estate two young working slaves be Pur­chased for the use my son Edward" Mallory when he comes of age."

"I give and bequeath the use of my Chaise Harness and Horses unto my wife duringher Natural Life and at her Decease to my son Francis" :Mallory &; to his Heirs & thatis my Desire that my said wife may not be hindered from Claiming her Dower on ac'countof this Chaise." .

Gives to Henry King one Mourning Ring, Twenty shillings value.All the remaining part of estate not already disposed of to be equally divided between

his two sons Francis and Edward.Appoints Henry King a Trustee for his son FrancislT "and that in Case my said son

should neglect or waiste his Estate then he the said Henry King shall take the saidEstate into his han.ds until such time as my said son Francis come of age."

Last.ly appoints his wife Diana Mallory and his two son3 Francis,r and Edward" Mal·lory Executrix and Executors.

Witnesses: Gcorge Johnson, John Bayley and Francis Parker.

Francis" Manory, eldest son of Johnson'· Mallon- and Diana his wife, was marriedthree times; twice bdore he was twenty one and on~ just after. (

His last wife was Mary King sister of Miles King, Sr., of Hampton, afterwards ofNorfo~.

He was appointed Lieut. Colonel of Elizabeth City county Militia in June 1776 (Coun­cil Journal) and it would appear that he was later promoted to be Colonel.

After participating in various engagements with the British he was kine<! March 8th,1781, while commanding a small force of Miritia in an action with a largely superiorforce of British regular troops cOlllmanded by Lieut. Col. Dundas, near ~ewport New..(See account of this affair, with additional personal details in The Iirginia HistoricalRegister, Vol. IV, 1851, page 24 et seq. For the British account see letter of BrigadierGeneral Benedict Arnold to Sir Henry Clinton daJed Portsmouth ~arch 8th, 1781, in"Clinton-Cornwallis Controversy growing out of the Campaign in Virginia, 1781," Vol.I, pp. 339·340.) - (

18THE ~IALLORY FAMILY PABT ONE 19

Hamptcn, Xo\,. 19, 1850.

(Signed) J. B.From the Vi.rginia. Historical Register, Volume IV, 1851, Page 24­

COLONEL MALLORY.

Brown received a ball and was found too badly wounded to be mo,·ed. He therefore orderedbis men to take him to the rear and keep up their fire on the foe, but as the .1JLeTicanstook hest aim, tHe- Britisb lost more men and Captain Brown pereeiying tbis directedhis Lieutenant to leave him with the rest of the wounded to tbe nlcrcy of the er:emyand make a push for the boats. Our volunteers pursued the British to the water's edge,but the steady discipline of the latter enabled them to get off and the former returnedto attend to the wants of their prisoners and to unload the carts, whicb they had cap­tured, of their plunder (among which some of tbe party recognized sundry anic Q oftheir property) and which was soon restored to its proper ownen. \

During tbe closing scene of this action on the field at Newport Xews, young Barrondistinguished bimself in a. remarkable and gallant style. He rode up directly b frontof the Britisb line and discharged both his pistols, one after the other, in tbeir isces,receiving their whole fire at once but providentially witbout hurt. His fine hor;<>, how­e,"er, was wounded in one of bis legs which made him rear and plunge at sueb a rat~,tbat had the enemy been quick in reloading tbeir pieces our bold youth must hl!..e lost'bis life; but as it was he got off without a. wound. Several of tbe Americans were redly:burt and a very fine young man by tne name of John Smith was killed. The EU2lish:,took off all their killed and wounded except Captain B. so that tbe amount of their-loss \was never ascertained; tbough it was no doubt greater than that on our side. I may addbere that Captain B. was taken to Hampton and lodged in the house of Dr. Brodie, wherehe received all tbe care and attention from the doctor's family and the to\YIl'S pt-ople 'that his case required, and which be acknowledged with grateful tbanks. A flag of trucealso came from tbe fleet with articles of comfort and refresbment for him, and a requestfor permission to take him off wbich was readily granted; but he was ne,er in a condi­tion to be moved, and after lingering two months he died.

" " .4

Dear Sir:According to promise, I send you a brief notice of Colonel FraneislT )faIlor, of this

county, whose g?-llant bearing and noble death in our Revolutionary war 'are £tillfreshly remembered in tbis part of the country, tbough they have not yet found tileirway into any history of our State.

.Of the family of Colonel Mallory it i@ unnecessary to speak, as the subject couldinterest but few of your readers. His ancestors emigrated from England at an earlyperiod and settled in this county. A ratber free indulgence in politics in the old coaD­try (a passion not wanting, I believe, in some of tbeir descendants in the new) lC'd tothis change of residence. Notbing is known of tbem except as "Justices," "Vestry ~en,"

ete., until the breaking out of tbe Revolutionary war, when we find Fra.neis" Mallory andhis brotber Edward serving as officers in the regiment raised for the defense of thecounty.

Elizabeth City, from its exposed situation, suffered mucb from the 'lttaeks of theenemy, some of whose ships were almost always lying in Hampton Roads and the otherestuaries of the Chesapeake. The county, you know, forms a narrow neck of land juninginto the bay, and is besides indented by several navigable streams or" easy acee;.s to anenemy commanding tbe water. The lands being for tbe most part rich and the P"Oplewealthy, a strong temptation was tbus held out, and scarcely a week passed witllOuta visit from some hostile party. The farms were plundered of slayes, cattle, and produce,and tbe good people kept in such a state of alarm that many families remo,ed to theupper country.

Sometime in the summer of 1781 Lord Cornwallis eyacuated the town of Portsmouth,which he had occupied for some time, and took a position of obse.rvation and annoyancein Hampton Roads. During bis stay there he ray-aged all the country round about forprovisions for his army which was tben on board some vessels of war and many trans­

ports, in a fleet.On one of tbese oc.casions a Captain Brown, a marine officer, with about 40 men under

him proceeded up tbe ri,er, along its banks to Warwick County. on a foraging andplundering expedition, wben tbe lookout militia discovered tne party ,ery early in tbemorning and gave us an alarm. Immediately a very dashing officer on our side, CaptainEdward" )Ia11ory, as:oernbled a comp"ny of mounted volunteers and went off with allspeed in pursuit of the enemy. Of this p.rty our young nayal officer was one, and thegreatest part of it were the young gentleme:l of tbe town and c-ountry round about.

The volunteers f'Jund tbe enemy about seyen miles above ~ewport News Point justcoming out from tbe farm of a 1fr. Tbomas, ,1n the. bank of James River to the MainRoad half a mile off wben Captain Brown, the marine officer, on perceiving the Americanparty immediately filed to an open field on his right or lower down tbe ri,er and thendisplayed bis front to receh-e bis gallant opponents as they came on, at the same timekeeping the carts loaded with plunder on the riy-er side of his men in order to protectthem. Captain ~1allory seeing tbis movement ordered about one half of his treops who hadthe best guns to dismount and tbe rest who had tbe best horses, armed with swords andpistols, to remain on borseback; tbus forming them into two squads. In this order theattack was made by tbe Americans, the cay-airy charging the British in front, and thefoot fireing on the British flank wbo began to move down the river .towards the Point.

At the same time apprehending that tbe American party, which did not then exceedtbirty men, might be reinforced, they quickened their march and gained the main road,receiving the fir~ of the Americans fro~ either .side of t~e road as ~e ground inducedtbe latter to OCCU~it, and tbus the acbon contlDued untIl both parbes reached a. largefield near the ata .on wbere the British bad left their boats. Here the gallant Captain

\,

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" " "

'fJle negroes belonging to the estate of Colonel Francis :Ma11ory, deceased, were inobedience to an order of the court of Elizabeth City county, appraised December 31st,1788, the valuation being £1444, 1 s. and were dividrd among his widow, )frs. Mary)Iallory, his daughters Diana. pIrs. Geo. \Tray,) Elizabeth )Ia11ory, )Iary )Iallory andhis son Charles" ~Iallory, then an infant. (Vol. 34, Deeds Elizabeth City County 1787-

1800.)The will of ::\Irs. ~Iary )Iallory of Elizabeth City County, widow of Colonel Francis"

Mallory dated 20th of January, I i89, was pro\"(~d in said eounly'.-\pril 24, 1789. ..":To son Charles" King )lallory the )1arsh adjoining the rn:nd whereon she then,In'e(L.;,

Her negro boy James to )fr. )Ieritt )100re. ,c" ""

TIle remainder of ber negroes to be equally divided among her three children, ElizabethKing )tallory, )Iary King )tallory and Charles" King ~Iallory; "to be kept togetberuntil either of them sllall come to age or marry and then cqnally divided, and if eitherof my said children should die under age I then give tIle negroes to the sUTvh'or or sur­

vivors·not including my daughter Wray."Her clothes tc be dh-ided equally between her daughters Elizabeth and )!ary.Het large red trunk, one bed and furniture to her daughter, Diana Wray.Her watch to ber son Cbarles' •. Appoints her brother Miles King executor.\\itne;:s: )1artha King, Han'h Westwoo.Q.

x ract from )femoir of Commodore Samuel Barron, U. S. ~avy, relatiye to CaptainEdward" )1a11ory, publisbed in the Vi.rginia. Historical Register for tlle year 1850, Vol.

In, p. 198.

20 THE MALLORY FAMILY ,IPART ONE 21

satisfied with this, his body was horribly mangled by the hoofs of the horses and theswords and bayonets of thcir savage riders. His widow could scarcely recognize his per­son, and his buff vest, long preservcd in the family, was marked with eleven bayonetholes.

Colonel Mallory was about forty years old when killed, was tall and well made, andaltogether rcmarkably handsome. He was three times marricd, twice before he wastwenty-one, and once jmt. after. His last wife was Mary King, sister of Miles King, Sr., ofHampton, afterwards of ~orfolk. He left one son and three daughters. Colonel Malloryand his wife's nephew, Hcnry King, who also fell by his side, were buried in the samegrave, about a mile from tlle scene of action, near the mansion of the late George Wythe.

F. M.

EXTRACT FROM: INDEX.

Mallery, see Mallory. \Mallory, Col. (His son Charles K. was afterwards lieut-gov. of Virginia and collector

of Norfolk.) Killed in a skirmish near New-Port·News, i, 340.

CHARLES18 KING M_~LLORY, son of Colon~l Francis" Mallory and \~i8 wife, Mary KingMallory, was born about the time of his father's death (1781). He\was an alumnus ofWilliam and Mary College, having been a s~udent there 1795:]800. \\

\ "\\

CLHiTON-CORNWALLIS CONTROVERSY

growing out of The Campaign. in Virginia 1781--2 volumes-(with biographical noticesin a copious index.)

By Benjamin Franklin Stevens of Vermont, temporarily residing in London, England.London 1888.

Vol. 1 pages 339·340.Extracts of a letter from Brigadier General Arnold to Sir Henry Clinton, dated Ports·

mouth March 8th 1781."On the 6th I receind information that my Lord Cornwallis had not penetrated

further than the Dan or Roanoke Rivers, and that in consequence of the Misinformation(sent to the Rebel Army by Express as mentioned in my last) being contradjcted, theirDetachment had returned to their Army at Suffolk as well as Mr. Gregory to the North­west Bridge. Their Force at the former Place 3000 Men, at the latter 500. On thisChange of Affairs, The troops under the orders of Colonel Dundas, who were designedup the James River, were Nuntermanded; but as they were on board Ship, and a favor­able opportunity offering to attack the' Enemy's Post at the halfway House betweenHampton and York, twelYe ~iJes from the former, Lieut. Col. Dundas being joined byThirty dismounted dragoons of the Queen's Rangers, proceeded in Boats on the Nightof the 7th'to the back Riyer, thirty Miles from his Ships on the Chesapeak Bay, wherehe landed' at 4 O'Clock about 200 Men, Two Boats with a part of his Detachment havingparted with 11im in a thick Fog and heavy Squall of Wind and Rain. He marched three:Miles to'the Enemies Post, which he found had been evacuated three Nights before. Hehowever dcstroyed a small ~agazine of about One hundred Stands of Arms, some Pro­vision and AlllnHliJition, and on his way to New·Port-News fell in willi a Party of Forty'of the Enemy; a Skirmish ensued, in which, fourteen of the Enemy were left dead onthe Field and Seventeen-made Prisoners. Among the former was a Colonel }'Ia~lory, anda Colonel CurlllJr.ong the latter.

Lieut. Stcwart of the 80th Regiment was killed in the action. Lieut. Salisbury (Ifthe Romulus and two Pri.ates slightly wounded. Lieut. Col. Dundas had his horse shotunder him, and upon this, as well as every other occasion, has behaved with great Bravery.

\ ...

In these skirmishes Colonel Mallory bore an actiYe part, for the troops chiefly 'reliedon for defense were the militia of the adjacent country. To defend their 'uwn homesteadsfrom the marauders, was their first duty, and while their performanccs were not on ascale sufficicnt to attract much notice abroad, the senice cxacted was not the less danger­ous or difficult.

Rear tlJC close of the war Colonel" Mallory was taken prisoner and closcly confined forse,-eral weeks on board a British ship lying in Hampton Roads. He wa~~ tht.eatened witha trip to England for trial, and harshly treated. Ilis brotIH~r, Captain"Edw:ud" Mallory,of whom mention is made in the memoir of Comlll. Samuel Barron; which appeared inthe last number of the Historical Rcgister, was untiring in his efforts to procure Colonel:Mallory's release, and it was not until the capture of Captain Drown, as detailed in theRegister, that the Colonel was set at liberty. The flag of truce which came from the fleetwith surgeons to attend Brown effected an exchange of the two officers, but Brown'ssituation did not admit of removal, and after lingering about two months he died. Onhis dcath bed Brown gave to Captain Edward 'Mallory a sword, which is, I believe, nowin Il9ssession of his grandson.

\),hen leaving the ship Colonel Mallory was advised by the Admiral to -keep quiet,for if found again in arms and in their power, his life would pay the forfeit. TIlis threat,however, Colonel Mallory did not regard, and an opportunity offering in a few days, hewas once more at his old work with his zeal somewhat quickened by his harsh imprison­ment. Xews came to the' county that a large body of English troops under the commandof Colonel Dundas had landed in the lower part of York County, and were making theirway down with the plunder taken from the neighboring farms. Colonel Mallory's knowl­edge of certain movements among the shipping, while a prisoner, enabled him to divinetheir object and to judge of the route they would take to regain-the fleet. His plans wereat once formed, and placing himself at the head of a company of militia quartered inthe neighborhood, he marched out to intercept the enemy. A bridge, known at that dayas "Tompkin's," connects the counties of York and Elizabeth City; on both sides of theroad leading to which is a dense forest. The plan was to destroy this bridge and posthis lJlen in the wood to await the coming of Dundas and his for<;es which were knowngreatly to outnumber the ~-\mcrieans. In the meanwhile two mounted men were sentahcad to reconnoitre and bring ba~k information of their proceedings, but coming sud·denly up with the advance guards of the British, the Americans were so hotly pursuedthat they dashed into the woods and c;caped, ~a·.-ing their friends in total ignoranceof the ncar approach of Dundas. At the (urn of the road, some half a mile from thebridge, our troops found themselves confron'.:ed by the enemy, and nothing remained butto retreat or fight. The road, here ran through an old field, and in this position fortymilitia encountered between three and four hundrcd disciplined soldiers. From the dis­parity of the forccs engaged, the British expected a feeble r~sistance, but in this theywcre disappointcd. The Americans bravely maintained the unequal conflict, and resolutelystood their ground. Captain Stewart and Lieutenant Salisbury were killed, and two otherBritish officers severely wounded. Six private~ of our party were killed. The enemy be­came much exasperated and made a desperate charge. It was evident that our men mustbe defeated, and our little band began to waYer. At this juncture a cavalier of the oldstump, Mr. .Tacob Wray, wbo had been out hunting and had been drawn to the spot bythe firing, rode up to Colonel Mallory and begged him to mount behind him and save hislife. This Colonel Mallory refused. At tbis moment the British Dragoons charged-whenWray put spurs to his steed, which was fleet of foot, and by leaping a fence and doubleditch, succecded in effecting his escape. Colonel Mallory with a few men still kept upthe fight, and no sooner was he recognized by the enemy, than the order was given toshoot him down. This was promptly executed, and lle fell covered with wounds. Not

!

I ]lave tlle honour to be(Signed) B. Arnold."

HerAnne X Potter,

Mark.

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.APPENDIX

VIII. Portraits of Sir William'o Mallory and the Rev. Thomasu Mallory, B.A., ~1.A.

The photographs of the portraits of Sir "miam'o Mallory and the Revcrend Thomasu

Mallory were sent the writer by Mr. Forrester Warner of London in 1932. (See illustra­tions.)

The portraits had belonged to his mother who was a Bellingham of Bellingham, Co.Northumberland, and the Bellinghams had intermarried some generations ago withthe Gloyer family. About 1650 the Rev. Thomasu Mallory's sister, Elizabeth, marriedthe Rev. Thomas Glover, Rector of West Kirby. It was through that connection that theportra.its came into Mr. \Va.rner's mother's possession. \Vhen she died, Mr. ForresterWarner's elder brother dccided to close their house. Before the house was given up hehad some of the rooms and contents photographed.

The portrait of Sir Thomasu Mallory was inscribed on the back that it had been paintedby Sir Godfrey Kneller. However, Mr. "arner states that he had obtained a hioh ex­pert's opinion wh~ informed him that the work was partly the work of Sir Godfr:y andpartly the work of one of his pupi18. •

In 1932, the writer's mother wished to present him with the portrait of the Rev.Thomasu Mallory, who was the fallier of our American ancestor, RogerU :\lallory. Theportrait was authenticated and arrangements were made to purchase it. It was shippedand was on the Cunard line pier at the time it was destroyed by fire in 1932.

It is not known who painted the portrait of Sir William'o Mallory, but it too passedinto the hands of the Glover family and was photographed by Mr. Forrester Warner'selder brother before their house was closed. Sir William'o Mallory was the father of theRev. Thomasu Mallory, Dean of Chester and grandfather of Rev. Thomasu Mallory.

I

IX. Errors in Dates lin the Memorial Irindow to the Colonial Clergy, St. John'sChurch, Hampton, Va. "-There IS at )east one error in the records of St. John's Church and in the dates in theMemorial Window to the Coloni{ll Clergy wherein it is recorded that llie Rev. PhilipMallory preached in Elizabeth City Parish in 1664. It is almost certain that there isanother in connection with the service of llie Rev. Justinian Aylmer.

From a brief account of the life of llie Re•. Philip Mallory, published in the Virgini4Magazine of History and Biography, Vol. 12, No.4, April 1905, pages 398 to 402, andreproduced in Appendix VII of this .olume it is stated that he was Rector of Norton,County Durham, from 1641 to 1644 when he was ejected by the Parliamentary aulliorities.He is then said to have sailed with Prince Rupert's fleet to the West Indies.

He was in Virginia for many years (see Appendix VII, this ,'olume) and returned toEngland in 1060·1661. He died in 1661 and his will dated July 23, 1661 was pro.ed July27,1661. \

It is, therefore, obvious that he could not have pr~ached in Elizabeth City Parish in1664. The writer has gathered together some references relative to his preaching in theChurch in Elizabeth City, but they do not provide definite dates between which hesen-ed. Information bearing on the subject is set forth below:

1. Virgini4 Magazine of History and Biography, Vol.' XII, No.4, April 1905,~ge398-"He was B.A. from St. Mary's Hall, April 27, 1637; M.A., January 16, 1639·40, nd

\ .

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\

TilE MALLORY FAMILY.) .

Pro\'ed in the Consistory Court of Chester on the 21st of November, 1671, and alsoon the 19th of :\Iay, 1674. _

A number ofthe-:\IallOr"ys apparently came to Virginia at the same time. Under aland grant to Thomas and Henry Batte, April 1668, appear as "head rights," Philip:\lallory, Xathaniel :\lallory Sr., Nathaniel :\lallory, Jr., "illiam :\lallory, Thomas Mal­lory, Elizabeth :\Iallorv and Roger Mallory. Of cours the date does not indicate thatthese persons came in 1668. fi'rlvlf:J £.' ~ ft.,.u I A.> I~

Captain Roger :\Iallory, the son of Dr. Thomas ?llallory, and named in the two wiliswhich have been given, received a grant (,~ land in 1660; but probabl~had been in Vir­ginia a few years before. He settled in that part of Xew Kent county, which was after­wards King and Queen and King William, \\ as a justice of the last named county in1080 (ap.d no doubt long before), and of King and Queen in 1690. If he was the Roger?lIp-llory who was a justice of King William in 1i05, he was a very old man. In the recordsof Elizabeth City county appears under date of August 16, 1080, a power of attorneyfrom Ann, wife of William Mallory, to her "father-in-law," Captain Roger Maliory ofNew Kent county, authorizing him to release her dower (expectant) in certain landsthere. \\ illiam and Ann (Wythe) Mallory were the ancestors of the Mallorys of ElizabethCity, &C.

Thomas Mallory, the other son mentioned in Dr. Thomas Mallory's will as being inVirginia, waG doubtless Thomas Mallory of Charles City county, who, in a depositionmade in 1676, gave his age as 40 years. As Charles City then included Prince George,it is probable that he was the father of Francis Mallory, who was sheriff of PrinceGeorge in 1705, and whose will, proved August 11, 1719, is of record in that county. Itseems that this Francis Mallory was ancestor of the family of the name in Prince George,Brunswick, &C.

John Mallory, the "drugster" of London, the other son of Dr. Thomas Mallory, wall

and clothes wch beiorrg unto it whereon we have laine since or intermarriage & and allher wearing apparrell, rings, jewels &. lUy Stone horse. I'tm. I give &. b~q\1eath unto mysonne Thomas in Virginia the surne of twenty shillings to buy him a ring; to my sonneRoger nlallory in Virginia se some of lhe pounds. To my sonne John Mallory Drugsterin London the sume of twenty shillings to buy him a ring. To my daughter Mary Fordethe like sume. To my daughter Jane StalUp the sume of an hundred ponnds to be paidunto her within 6 months after my decea,e or before in c.'\se she be married, again w'thtJle consent of lUy executrix. To my daughter Susanna the sume of tw~ut:t pounds &upon better deliberation thirty pouuds more. H'm. I give &. bequeatb~to'.y~' poore ofEccleston the sume of five pounds. To ye poore of Northcn the like sume."To my servants.Jo Ravenscroft, James Charlton, Mary Kenllyon, Anne Potter, if they continue in myservice till my decease to each the sum of twenty shillings for their good and faithfulsen·ice. Item. my mynde & will is that the forementioncd four hundred pounds wch ismy bequest to my dear wife Frances ~Iallory extend no further llian to llie use &occupation & at her decease to be divided among my children that shall be alive viz anhundr~d pounds to my sonne Thomas in Virginia &. the rest to sucl1 of my children asshe in her discretion shall thinke most to diserve &. want. Lastly I appoint & constitutemy wife Frances afores'd sole executrix of this my last will &. Testam't. Gb-en under myhand &. Seale the lOth day of July 16il--Tho: :\Iallory [L. S.l--

In ye presence of--Tho. Whittingham Jun'r X --I. R--Memoran-that these words of leaving a hundred pound to my sonne John were ex­

pugned in presence of us--Tho. Whittingham--Mary Kenion--

62