Robert BRASHEUR, II

Abt 1630 - 1665  (~ 35 years)

• Name	Robert BRASHEUR
  Suffix	II
  Birth	Abt 1630
  Gender	Male
  Name	Robert BRASHEAR Jr.
  Name	Robert BRASHEUR Jr.
  Name	Robert BRASHIER Jr.
  Name	Robert BRASSEUR the Elder
  Name	Robert BRASSIEUR Jr.
  Will	4 Dec 1665	Calvert County, MD
  Death	5 Dec 1665	Calvert County, MD
  Probate	16 Dec 1665	Calvert County, MD
  Notes	(1) Brashear, Charles, A Brashear(s) Family History, Descendants of Robert and Benois Brasseur, Vol. 1, San Diego, CA: 1998, pp. 70-76: Not much is known about . . . Robert Brasseur Jr, b. 1630, son of Robert Brasseur Sr and brother of Benois, and what we do know confuses matters. He was apparently about 5 years old when his father immigrated to Virginia in c1635. But he was 23 when his father patented the 1200 acres in Nansemond, which included (among others) headrights for a Robert Brasseur and Florence, his wife. I believe this to be Robert Brasseur Jr and his wife. Of course, they would have been imported separately, but married, say c1650-51, before Robert Sr used his headrights. POSSIBLE FAMILY "Robert Brasseur (Sr) is father of Robert Brasseur who md. Florence _____ and had no issue . . ." according to The Register of Huguenot Ancestors, compiled by Georgia Nellie Chandler Cobb and published by The National Huguenot Society, 1975, corrected edition 1986. The 1975 (uncorrected) edition, p.42, suggested that Florence's maiden name was ?Rey (they added the question mark. Note that Robert Brasseur, the Huguenot's, first land was held jointly with Peter Rey). Apparently, Robert Brasseur/Brashear, brother of Benjamin, moved to Calvert Co, MD about the time of Benjamin's death, and bought 320 acres of "Upper Bennett." Since Mary (Benjamin's widow) refers to him as "my brother in law, Robert," we can be certain he was brother to Benjamin and fairly sure this was Robert Jr, born 1630, son of Robert Brasseur, the Huguenot, who was still "seized of" the 600a that he and Peter Rey had bought in Nansemond Co, VA, in 1638. Benjamin also had a son, who was called Robert Jr to distinguish him from his grandfather, or uncle, or both, which causes considerable confusion later. Benjamin died late in 1662 or early in 1663; Robert Brasheur, the brother, died December 5, 1665; and Robert Brasseur, the father, seems to have died by early 1667. (Maybe this will clear up with more data.) The Register of Huguenot Ancestors also says that Robert died without issue. Since no wife is mentioned in his will or the squabble over his estate, we can assume that she died before he did. No children are mentioned in the will or court proceedings that followed. Since Robert Brashier, s/o Benois, was described in the court proceedings as "Rob: Brassieur Junior next heir to Robt Brassieur Senior," we can conclude that Robert Brashear, b. 1630, had no living heirs in 1666. Some researchers try to give him a daughter, Mary Brazier: "Nathaniel Robbins of Cambridge; b. there 1649, d. there 1719; m. 7th August, 1669, Mary Brazier." (Colonial Families of the United States, v.6, p.391) But a look at the surrounding family sheets makes it clear that reference is Cambridge, Massachusetts, and that Mary was somehow connected with the Edward Brazier of Cambridge and Charleston, MA, b. c1603, who was living in Cambridge in 1647 (New England Historical and Genealogical Record, v.7, p.175) and who paid taxes in Charleston, MA, from 1653 until his death c1689. Nathaniel Robbins was s/o Richard Robbins, born in England and came to America in 1639, settled first at Charleston, and soon after at Cambridge. Nathaniel and Mary (Brazier) Robbins had children: Mercy, b. 30 Nov 1676, and Nathaniel Jr, b. 28 Feb 1678, in Cambridge, Massachusetts. (Colonial Families, VI:392) Clearly, a person who leaves so many records elsewhere is not our Mary Brashear. THE SQUABBLE OVER ROBERT'S WILL "Robert Brasheur Sr" died in Calvert Co, MD, December 5, 1665, leaving a will in which he styled himself "Robert Brasheur, Elder." The will is dated Dec 4 and was entered at court Dec 16, 1665. On 15 Jan 1666, "Captain John Cobreth aged about 34 years or thereabouts, sworne, saithe - That the fourth of December last past, Robert Brashier sent for this deponant and when this deponant come to the house of Robert Brashiere this depont asked the said Brashieur . . . how he did, he replied after the old sort complaining of pain-in his breast and very sick and that he had inward grief and the said Robert Brashieur asked this depont whether he would write a Will for him and this depont answered that he would do it as well as he could, so this depont (blotch) travailling in the snow satt down by the fire and the (blotch) Robert Brashier asked this Depont whether he would stay the night and the dept. answered he did not care if he stayed night with [him] and more-if it would do him good. A little space after Robt Brashieur called to Thomas Tovey to bring Penie Paper and this Depont tooke the paper and went to the bed syde and went to writeing and did-write the Will of Robert Brashieur bearing date the fourth day of December 1665 as by the Will now at large appears-by Robert Brashieur direccett. so the next morning this Dept. asked the said Robert Brashieur how it was with him and he said he found it all one still, so this Depont. told him he would do him no good with staying there but would go home and Robert Brashieur did (died) before this Depont to carry home the Will along with him and before his brother Mark to wittness it and any other whom this Depont. thought fitt and that wee would not disclose it to none till such time as it pleases God to take him away because he would by no means his sister to know of it for in case he should recover againe it would cause difference betwixt them and further saith not." 15 Jan 1666 /s/ John Cobreath Sworn before us Tho Manying; George Peake [Justices of the Peace] (Calvert County Wills, Book 1, p.243-44) The deposition of Marke Clare aged about 30 years sworn saith that the first day of December last past Captn John Cobreath brought Robert Brashieurs Will to the house of the sd Capn John Cobreath and as Capn John Cobreath told this Depont. that Robert Brashieurs desire this Depont did sett his hand wittness to the Will but this Depont saith he doth not know whether that Will which he is a wittness to of Robert Brashieur bearing the date of the fourth day of December in the year of our Lord 1665 this Depont. saith he doth not know it is Robert Brashieurs Will or no and further saith not - - - - Robert Brashieur 15 Jan 1666 Mark [M] Clare Sworn before us Tho Manying; George Peake (Calvert County Wills, Book 1, p.243-44) John Bennett, aged about 21 years sworn saith as Marke Clare hath said only moreover his Mr. Capn John did bid this Depont sett his hand witness to the Will and further saith not. 15 Jan 1666 John Bennett Tho Manying; George Peake Skordas, in Early Settlers of Maryland, 1670-1929, shows John Cobreth immigrated to Maryland in 1658 (Book Q, p.29) and Mark Clare was transported in 1651-58 (Book Q, p.199). Will of Robert Brasheur, Elder. (Calvert County Wills, Book 1, p.24-0-41; Maryland Hall of Records, Box B, Folder 79; see also Baldwin, The Maryland Calendar of Wills, 1:33.) The last Will and Testament of Robert Brasheur Elder being of good memory but waiting till my Maker and Redeemer do remove me from here into his Everlasting and Heavenly Kingdom of Mercy which is far better for me - I give unto Thomas Tovey and Thomas Frost and Thomas Smith this three hundred and twenty acres of Land that I am now seated on - Equally amongst them three and they to pay the remainder of what tobacco is not paid for the said Land. Further, I give to Thomas Tovey one Cowe called Fill Paile, I give to Thomas Frost one cow called Browning. I give to Thomas Smith one cow called Colle (or Calle?). I give to Thomas Tovey my best broad Cloath Suite I give to Robert Jerves one large suite and the time that I did hire him for and to have houseing and ground on the foresaid Land for two years Clear of Charge. I give to Robert Jervis two heifers of three years old a peece. I give to the foresaid Tovey and Frost and Smith all my Hoggs - only to Jervis one breeding sowe. I give to Thomas Tovey my best gunn, and to Thomas Frost the left handed gunn, I give to Robert Jerves the gunn was my Brothers, I give to Thomas Smith my Long Gunn-I give my bed and household stuff to the foresaid Three, Tovey, Frost and Smith. I give to the said Tovey Frost and Smith all my Crop ofTobacco and Corn they paying what Debts I owe. I give to Couzen Mary Brashieur one silver Tankard and one Silver Sack Cup - I give to Mark Clear my best hat and Silver hatband, I give to John Cobreath the cattle house he builded on the foresaid Land with one acre of land round about it, and three steers of one years old a peece and one Steere of four years ould. As Wittness my hand this fourth day of Dessember in the year of our Lord 1665. /s/ Robert Brasheurs In presents of John Cobreath Mark [M] Clear John Bennett Thomas Frost and Thomas Smith were listed as servants on Benjamin and Mary's plantation; Robert also acknowledged on the back of the will that he owed them a debt. Robert Jarvis was apparently a hired hand who was to be paid with proceeds from the estate. Of the witnesses, John Cobreath and Mark Clare were apparently brothers-in-law to Robert. Other sources identify Cobreath and Clare as sons-in-law of Robert Brasseur Sr, probably the husbands of Persie and Katherine, who were 37 and 33 respectively in 1665. (See Chapter 1.) The court depositions establish that John Cobreath was aged 34 in 1665, b. c1631, and Mark Clare was age 30, b. c1635. Since Robert Jr, b. 1630, was himself only 35 that year, he is not likely to have had such sons-in-law; they would have been his brothers-in-law. This is corroborated by his referring to Mark Clare as his "brother" and enjoining him and John Cobreath to keep the matter from his (Robert's) sister, presumably one or both of their wives, or possibly his sister-in-law, Mary, Widow of Benois. "Cousen Mary Brashieur" of Robert Brashieur's will presents a problem. This is apparently his sister-in-law, Mary, widow of Benjamin. I detect a note of sarcasm in the reference (and in the Will), as if Robert were mad at Mary and her children, possibly for having so quickly married Sterling and "given away" so much that Benjamin had worked for. The Will certainly resulted in a family squabble. Unfortunately, Robert neglected to name an executor; so, on 15 Dec 1665, Tovey, Frost, and Smith applied to be named administrators; and the Justices, Capn Thomas Manying and George Peake, appointed them. On 16 Dec 1665, "Then came Thomas Tovey, Thomas Frost and Thomas Smith and requested letters of administration upon the will and Estate of Robert Brashiours Senr, late of the Clifts, Decd, which said will is before entered" (Will Book 7, pp.240- 41). A note was added to the entry: "This administration made void and another to Sampson Warring on behalf of Robert Brashiour, Junr, whose guardian is the said Waring; vide folio 37." On the second page of the will is a note: "This will was on the 14 day of June 1666 in common form proved by the oath of John Cobreath, one of the witnesses thereto before me; /signed/ R.V. Broughton, secr." So, obviously, the will had not yet gone through probate. Also on the back of the will: "Debts done by me, Robert Brassheur, Elder. Out of this crop given by me as for my debts to Tho. Tovey, Tho Frost, Tho Smith; to George Jamison, £955; to Mark Clear, £650; to William Roser, £500; to ----y -ent for washing." (MdHR, Testamentary Proceedings, Box B, Folder 79.) Early in 1666, the administration of the Robert Brasheur "Elder" estate was contested by Sampson Waring, guardian of Robert Brashier Jr (s/o Benois), who was at first said to be "son of Robert Brashier Sr." However, the court acknowledged this as an error very quickly and amended the action: "Therefore on ye day and year above said, letters of administration to the said Sampson Waring on behalf of Robert Brassier, son of Benjamin Brassier, brother of Robert Brassier, deceased, issued as in usual form, etc." (Ref: sketch by Peter C. Brashear, FISB p.21; I'm sure Peter C. Brashear deliberately altered the spelling of the surname in this quote.) Why was Waring necessary as guardian, instead of Mary, Benjamin's widow? Or Thomas Sterling, his step-father? Sterling seems to have had no love for his Brasseur stepchildren. He was still around in 1675 to act as Martha Brasseur Kent's guardian. But his will in 1685 completely ignored them all.) Waring was a prominent attorney and a neighbor, whose family is later quite close to the Brashear family. Whatever the reason, Robert Brassieur the younger (s/o Benois) had seen fit to have a guardian, about a month after Robert Brasheur "Elder" died: "January the 9th 1665/66: then came Robert Brassieur eldest sonn to Benjamin Brassieur deceased with Capt Sampson Waring of the Clifts both of Calvert County & the said Robert then requested that it may be Entered on Record that the Said Sampson Waring he hath and doth make choice of to bee his Guardian which was by the said Waring soe accepted of. . . . /s/ Daniel Jenifer" (MdHR, Testamentary Proceedings, Prince George's Co, Book 1F, p.192). Robert (s/o Benois) may have felt that his mother-and thus he-had been badly treated in his uncle Robert's will (he considered it a forgery), which left the residue of the estate to non-family: Mary had received two silver pieces; Mark Clear got a hat with a silver band; John Cobreath got an acre and four steers; but Tovey, Frost, Smith, and Jarvis got the 320 acres and the house and stock. "Taint fair," said the young Robert Jr; at first the court agreed and issued a letter of administration to Sampson Waring. But Court Proceedings in 1666 reversed the decision and gave the 300 acres [sic] to Tovey, Frost, and Smith: To the Honorable Charles Calvert, Esqr, Governor and to the rest of the councell of the province of Maryland The humble petition of Tho: Tovey, Tho: Frost, & Tho: Smyth sheweth That Robert Brasseiur the Elder, late of Calvert County, deceased, by his last will in writing bequeathed unto your petitioners three hundred acres of land upon which he then lived, Equally amongst them, charged with incumbrances (vizt) the remainder of the tobaccoes unpaid to Benjamin Brasseiur his Brother of whom he bought the said three hundred acres of land and at the time of his decease left your petitioners in the possession of the said land . . . Sampson Warring, either upon pretence of letters of Administration upon the estate of the said Robert Brasseiur, dec'd, which can no way entitle him to meddle with the lands of the said dec'd, or as Guardian of Robt Brasseiur, nephew to the sd Robert Brasseiur, upon false surmises & presumption and without action, brought an Order unto the sherriff of the said County to out your petitioners then and still unheard of their lawfull and quiet possession. Extrajudicially and unduely hath [Waring] Obtained [the order] and them, the sd Thomas Tovey, Thomas Frost, and Tho: Smyth, Out of the said land by virtue of the said Order cast, contrary to law and right reason. Upon consideration of which, your petitioners humbly pray your Honnors to reverse the said Extrajudicial and undue proceedings, and to restore them to their possessions both of lands and Goods upon said lands. . . . [There follows a power of attorney from Tovey, Frost, and Smyth to (lawyers) William Calvert, Esq, John Morecroft, and John Gittings, to act in their behalf, receive debts and sums of money, recover, . . . etc.; the record is dated 6 Apr 1666.] On p.318 is "The humble answer of Sampson Waring to the humble petition of Tho: Tovey, Tho: Frost, & Tho: Smith": The defendant [Waring] saith that the petition is uncertain & insufficient and the matter therein contained untrue, for that Robt Brasseiur the elder, late of Calvert County, dec'd, made none such his last will, neither had the sd Robert Brassieur 300 acres of land to bequeath, neither ever did Benjamin Brassieur his Brother sell the said Robert Brassieur 300 acres of land, but that lands whereupon the said Robert Brassieur died is and always have been in the possession of Benja Brassieur And his heires, ever since Mr. Richard Bennitt sold that dividend of land to Benjamin Brassieur. And for further answer to the petition, the defendant saith that some time in January last past, the said Tovey, Frost, and Smyth, by virtue of a commission from the Honorable Governor directed unto [Court Commissioners] Mr. Tho: Mannyng and George Peake, a Certaine writing did produce to them, alledging it to be the last will and testament of the said Robert Brasseiur, but the witnesses which were inserted in the commission and brought by the said Tovey, Frost, and Smyth to prove that writing to be the last will and testament of the sd Robt Brassieur, did swear that they did set their hands as witnesses to the will at the request of Capt John Cobreth, but did not know whether it were the last will of Robt Brassieur, or words to that effect, as may more at large appeare by their depositions now in the Custody of the Right Honorable Governor, so that the said Mr. Thomas Mannyng and Mr. George Peake Returned to the commission and could do nothing there anext. Whereupon the defendant as Guardian of Rob: Brassieur Junior next heir to Robt Brassieur Senior did apply himself to the Right Honorable the Governor and Chief Officer for Probate of Wills and Testaments, & did desire letters of Adminstration upon the Estate of Robt Brassieur, dying intestate, which letters of Administration, the Honorable the Governor upon serious deliberation did grant to the defendant, and [Waring] received them in February last past, as by the letters of Administration more at large appears. A short time after, the defendant went to the house wherein Robert Brassieur died to perform the duty and the Office of an Administrator according to the commission, but the said Tovey, Frost, and Smyth unjustly detained the Estate of the said Robt Brassieurs and, in Contempt of the Governor's Commission, it was demanded of the defendant if he would fight for it; whereupon the defendant Complained to the Honorable Governor who directed a warrant to the sheriff of Calvert County to deliver out of the Custody of the said Tovey, Frost, and Smyth, [and] into the possession of the said defendant, the Estate of the said Robt Brassieurs, which accordingly was done in part, though the said Tovey, Frost & Smyth did then withstand the Right Honorable the Governor's warrant and Commissioner with force of arms against the peace and Government of his Lordship's Province, so that the defendant humbly says that the Right Honorable the Governor his Order is in nothing erroneous, undue, or extrajudicial and ought [not] to be reversed upon any Petition, but to stand and be in full force, which the defendant prays, etc. After much debate in the premisses and all parties heard on both sides, It is Ordered that the said Tho: Tovey, Tho Frost, and Thomas Smyth have full possession of the lands of which they were lately outed, and that the same be again to them restored. (The judgment is undated.) (from Maryland Provincial Court Proceedings, 1666, obtained by Shirley Brasher McCoy from the Maryland Law Library in Annapolis, (Book FF, p.316-18): I've regularized some of the spelling and punctuation to make it readable.) So far, I have been able to date only one of the four "non-family" legatees in Robert Brashieur Sr's will: Thomas Frost had come to America as a free man: "2 Oct 1637. Persons embarked on the John of London, Mr. James Waymoth [ships master], bound [from London] to St. Christopher: . . . Thomas Frost 28; . . ." (P.W. Coldham, The Complete Book of Emigrants, 1607-1660, p. 168) Thomas Frost, if 28 in 1637, was born c1609, and was therefore in his mid-fifties in 1665. [Note by compiler: The author provides no proof that the Thomas FROST who was a beneficiary under the will dated December 4, 1665 of Robert BRASSEUR, Jr. of Calvert County, MD was the same person as the Thomas FROST who came from London, England to the Caribbean island of St. Christopher in 1635, when he was 28 years of age, aboard the John of London. ] But why would a man so young as Robert Jr (b. 1630) bequeath property to men so much older than himself? (2) Robert BRASSEUR and his wife, Florence, are mentioned in the following land patent: Virginia Colonial Records, 1600s-1700s [database online], Genealogy.com: Cavaliers and Pioneers, Patent Book 3, p. 244: ROBERT BRASSEUR, 1200 acs. Nanzemond Co., 12 Apr. 1653, p. 33. At the head of the southerne branch of Nanzemond Riv., 600 acs. lying on the S. side of the branch & the other 600 on the N. side. Beg. on the N. side &c. joining land of Adrian Buny. On the S. side, being an Indian Towne, beg. at a marked pine standing on a bancke by the branch side, joining land of Wm. Haines &c. Trans. of 24 pers: Marg. Stockwell, Geo. Juory (or Ivory), ROBT. BRASEEUR, Florence his wife, Mary Brasseur, Persid (or Persie) Brasseur, Kathe. Brasseur, Bennet Brasseur, Wm. Wotton, Tho. Parker, Jon. Sutton, Jon. Stephens, Step Dordon, Jon. Loyd. Jon. Bott, Symon Iron, Jon. Barefeild, Eliz. Pateman, Geo. Daldye, Wm. Ball, Nicho. Moroise (?), Tho. Pursell, Ra. Ellis, Jon. Abby. (3) Maryland State Archives < http://www.mdarchives.state.md.us >: Proceedings of the Provincial Court, 1663-1666 Vol. 49, pp. 178-179 (April 17, 1663): Know all men by these prsnts that I Richard Bennitt of Virgeina merchant doe hereby Alien Sell and Conueigh unto Mary Brasseur widdow of the Clifts in the prouince of Maryland and to her heires for euer all my right title and Intrest in that parcell of land on which she now liues being eleauen hundred and fifty acres more or lesse, together with all the Stock of Seruants Cattle hoggs and whatsoeuer else thereupon or thereunto any wayes belonging or appertayning for Liber B B and in Consideracon of two hundred and twenty hoggsheads of tobacco to bee paid according to speciality undr her hand and Seale bearing date with these prsents all which land wth the Seruants Cattle &c aforesaid were formerly treated and bargained to bee sold unto Mr Benois Brasseur in his life time which became uoid by reason of a defect and dislike in relacon to the said land in point of quantity and because hee the said Brasseur neuer had any liuery and Seison thereof from mee nor neuer paid any thinge att all to me for it in which regard-haue now bargained sold and deliuered the said Estate of land &c unto the aforesaid Mary Brasseur and her heires as aforesaid, And doe promise and binde my selfe my heires Executors and Administrators to make such further Conueighance and assurance of the prmisses as is requisite and as it lyes in my power to doe, whensoeuer the same shall bee demanded or required - The Seruants name are as followeth (uizt) Thomas Smyth Geo: Dauison William Whitehead Thomas ffrost and Sarah a negro Woman - I doe allso hereby giue unto the said widdw Brasseur full quiet possession of the aforesaid land Seruants Cattle hoggs &c with warrantee agst all or any person or persons whatsoeuer clayming any right thereunto by from or under mee or my heires. In wittnes whereof I haue hereunto sett my hand & seale the 17th day of Aprill 1663 Richard Bennett Locus Sigilli Sealed Subscribed and deliuered in prsence of Thomas Stirling Robert Brasseur Vppon the backside of a Pattent for One thowsand One hundred and ffifty acres of land Granted to Richard Bennitt Esq bearing date the 18th day of August in the Seauen and twentyth yeare of his Lordsps Dominion in the yeare of Our Lord God One thowsand Six hundred fifty eighte, was this ensueing assignment following (uizt)?The land belonging unto mee by this Pattent I doe hereby Alien Sell make ouer and Conueigh unto Mary Brasseur widdow and her heires for euer all my right title Intrest and Claime thereunto or to any part thereof acknowledging to bee fully Sattisfyed Contented & paid for the same according to a bill of Sale and a bill Obligatory for payment of twp hundred and twenty hhgs of tobacco bearinge date with this Assignment Wittnes my hand this 17th day of Aprill 1663 By mee Richard Bennett- (4) Maryland Calendar of Wills [database online], Orem, Utah: Ancestry.com, Inc., 1998: Brashieur, Robert Sr., 4th Dec., 1665; 16th Dec., 1665. To Thomas Tovey, Thomas Frost, and Thomas Smith, land on which testator lived. To Rovert Jarvis, Mary Brashieur, personalty. To John Cobreth, house and land. Test: John Cobreth, Mark Clear, John Bennett. 1. 240. (5) Maryland State Archives < http://www.mdarchives.state.md.us >: Proceedings of the Provincial Court, 1666-1670 Volume 57, p. 15 (March 25, 1665/1666): Warrt to sherr: Caluert County to warne &c Ret: first day next Prouinall Court Whereas upon Complaint made to me by Tho: Touey Tho: Frost and Thomas Smyth That Robt Brassieur the Elder late of Caluert County decd: by his last will did bequeath unto Tho: Touey Tho: Frost and Tho: Smyth acres of land upon which he then liued and att the time of his decease left them quietly & peaceably in the possession of the said land but since Sampson Waring hauing upon false presumptions and unduly surmises suggested to the Honble the Gouernor Obtayned an Ordr to out the said Tho: Touey Tho: Frost and Tho: Smyth of theire law full possession These are therefore in the name of the Rigt Honble the Lord Propr to will & require yoW to make knowne unto the said Sampson Waring that hee be att or next Prouinall Court to be houlden att St Marys on the 3d day of Aprill next, to shew Cause (if any he haue) why the said Touey Frost and Smyth should not be restored to theire former posson and for soe doeing this shall be yor wart Giuen undr my hand this 23d day of March 1665/1666 To the sherriffe of Caluert County Philip Caluert * * * Volume 57, p. 84 (May 13, 1666): Thomas Frost Thomas Touey & Thomas Smyth demds subpana in Chancery for Sampson Waring and Thomas Mannyng to sett forth upon Oath what they doe know in what is alleadg'd by the said Frost Touey and Smyth in theire declaracon personally to appeare in the said Cort of Chancery wheresoeuer it shall be held on the 12th June next undr the penalty of jooth sterling To the sher. Caluert County Idem summons for John Cobreth Robt Jaruis and Thomas Troster to testifye the truth of theire knowledge in ditto causo upon peril of forfeiting 500 lb tob: each person Wart to sher Caluert County to warne &c. Ret. 12th June next Prouinall Court * * * Volume 57, pp. 75-77 (1666): To the Honble Charles Caluert Esq Gouernor and to the rest of the Councell of the prouince of Maryland The humble petn of Tho: Touey Tho: Frost & Tho: Smyth Sheweth That Robert Brasseiur the Elder late of Caluert County decd by his last will in writing bequeathed unto yor petrs three hundred acres of land upon which he then liued Equally amongst them charged incumbrances (uizt) the remaindr of the tobaccoes unpaid to Benjamin Brasseiur his Brother of whome he bought the said three hundred acres of land and att the time of his decease left yor petrs in the posson of the sd land by which yor said petrs became lawfully & quietly seized of the said land, from whence by Magna Carta they ought not to be remoued but by legall Judgmt of theire Peares (uizt) by accon brought and uerdict of a Jury of 12 men of the Neighbourhood which Not withing Sampson Waring either upon pretence of letters of Admcon upon the Estate of the sd Robert Brasseiur decd: which cann noe way entitle him to meddle the lands of the said decd or as Guardian to Robt Brasseiur nephew to the sd Robert Brassieur upon false surmises & presumptions and wthout accon brought, an Order unto the sherriffe of the said County to out yor petrs then and still unheard of theire lawfull and quiet posson Extrajudicially and unduely hath Obtained and them the sd Thomas Touey Thomas Frost and Tho: smyth Out of the said land by uertue of the said Order cast, Contrary to law and right reason Upon Consideracon of which yor petts humbly pray yor Honnors Order to reuerse the said Exstrajudiciall and undue proceedings, and to restore them to theire possessions both of lands and Goods upon the sd lands to yor petrs any wayes belonging till according to the Justice of yor Honnors Courts upon the truth appearing in a legall way yow shall see cause to out them of the said lands and Goods by the last will of the said Robt Brassieur the Elder to them bequeathed or to Continue them as they hope yow will finde Just Cause And (as in duty bound) they shall pray &c Know all men by these prsents that Wee Thomas Frost Thomas Touey and Thomas smyth of Caluert County in the Prouince of Maryland planters haue assigned Ordained and made and in Our stead and places put and Constituted Our trusty and well beloued freinds Wm Caluert Esq John morecroft and John Gittings gent Joyntly and seuerally to be Our true and law full Attorneys for us and in Our names And to Our Uses to ask sue for Leauy require recouer & receiue of all and euery person and persons wtsoeuer all & euery such debts and sumes of money as are now due and Owing unto us or which att any day or dayes time or times hereafter shall be due and oweing belonging or appertaining unto Us by any manner of wayes or meanes wtsoeuer Giuing and Granting unto my said Attorneys by the tenor of these prsents Our full and whole power strength and Authority in and about the prmisses, and upon the Receipt of any such debts and sumes of money aforesaid accquittances or other discharges for us and in Our names to make seale and deliuer, and all & euery other Act and Acts thing and thinges deuice and deuices in the law whatsoeuer needfull and Necessary to be done in or about the premisses for the Recovery of any such debts and sumes of money as aforesaid, for us and in Our names to do execute and performe as fully largely & amply in euery respect to all intents Construccons & purposes as or selues might or Could doe as if wee were personally prsent, Ratifying allowing holding firme and stable all and whatsoeuer Our said Attorneys shall doe or Cause to be done in or about the Execucon of the same by uertue of theig prsents, In wittnes whereof Wee haue hereunto sett Our hands & seales this 6th day of Aprill 1666 Signed sealed and deliuered marke of Thomas + Frost (seald) marke of Thomas Touey (seald) marke of Thomas + Smyth (seald) In the prsence of Caesar Wheeler marke of John Williams Edward Sauage The abouesaid letter of Attorney was by the partyes acknowledged and desire it may be recorded mee Dan: Jenifer The defendt by his Attorney deliuers in his Answere to the foregoeing declaracon (uizt) To The Rigt Honble the Gouernot & Councell of Maryland The humble answere of Sampson Waring to the humble petn of Tho: Touey Tho: Frost & Tho: Smith The defendt saith that the petn is uncertaine & insufficient and the matter therein Contained untrue, for that Robt Brassieur the elder late of Caluert County decd made none such his last will neither had the sd Robert Brassieur 300 acres of land to bequeath neither euer did Benjamin Brassieur his Brother sell the said Robert Brassieur 300 acres of land, but that land whereupon the said Robert Brassieur dyed is and aliwayes haue been in the possession of Benja Brassieur And his heires euer since Mr Richard Bennitt sold that deuidend of land to Benjamin Brassieur and for further answere to the petn, the defendant saith that sometime in January last past the said Touey Frost and Smyth by uertue of a Comcon from the Honble Gouernor directed unto mr Tho: Mannyng and George Peake a Certaine writeing did produce to them alleadging it to be the last will and testamt of the said Robert Brasseiur but the wittnesses which were inserted in the Comcon and brought by the said Touey Frost and Smyth to proue that writeing to be the last will & testamt of the sd Robt Brassieur, did sweare that they did sett theire hands as wittnesses to the will at the request of Capt John Cobreth but did not know whether it were the last will of Robt Brassieur or words to tht effect as may more at large appeare by theire depositiones now in the Custody of the Rigt Honble the Gouernor, soe that the said mt Thomas Mannyng & nit George Peake Return'd the Commcon and could doe nothing there anext Whereupon the deft as Guardian to Ron: Brassieur Junr next Heire to Robt Brassieur Sent did apply himselfe to the Rigt Honble the Gouernor and Cheife Officer for Probate of Wills and testamts, & did desire letters of Admcon upon the Estate of Robt Brassieur dying intestate which letters of Administracon the Honble the Gouernot upon serious deliberacon did grant to the defendt and receiued them in Febrary last past as by the letters of Administracon more at large appeares, a short time after the defendt went to the howse wherein Robert Brassieur dyed to performe the duty and Office of an Admr according to Comcon but the said Touey Frost and Smyth unjustly detained the Estate of the said Robt Brassieurs and in Contempt of the Gouernors Commcon it was demanded of the defendt if he would fight for it whereupon the defendt Complained to the Honble Gouernot who directed a warrt to the sherriffe of Caluert County to deliuer out of the Custody of the said Touey Frost and Smyth into the possession of the said defendt the Estate of the said Robt Brassieurs which accordingly was done in part though the said Touey Frost & Smyth did then wthstand the Right Honble the Gouernors warrt and Commcon force and Armes agt the peace and Gouernmt of his Lordsps Prouince soe that the defendt humbly saies that the Rigt Honble the Gouernor his Ordt as in nothinge Erronious undue or extrajudicial and ought to be reuersed upon any Petition but to stand and be in full force, wch the defendt prayes &c: After much debate in the premisses and all partyes heard on both sides It is Ordered that the said Tho: Touey Tho Frost and Thomas Smyth haue full possession of the lands of which they were lately Outed and that the same be againe to them restored * * * Volume 57, p. 80 (1666): Thomas Touey Tho: Frost and Tho: Smyth by theire Attorneys humbly desires the Court would please to grant them Ordr as well for the prsonall Estate belonging to Robt Brassieur deed: as the Reall Estate, according to the prayer of theire declaracon, which was not allowed by the Board, But Ordered that Mr George Peake of the Clifts in Caluert County doe forthwth recelue and take the whole personall Estate late belonging to Robt Brassieur deed: and it in his Custody keepe untill further Ordr from the Prouinciall Court * * * Volume 57, p. 109 (1666): Tho: Touey Tho: Frost and Tho: Smyth Complainants agst Sampson Waring and Tho: Mannyng defendants The defendts appeared to a Subpaena serud upon them Returne: to this Court Wm Caluert Esq & Jno morecroft p Quer: D: Jenifer p deft * * * Volume 57, p. 112 (1666): Tho: Touey Frost & Smyth Complainants agst Sampson Warring & Capt Tho: Mannyng defendts Ordred the defendts put in their answere in the afternoon Wm Caluert & morecroft p Quef Dan: Jenifer p deft * * * Volume 57, p. 113 (1666): Touey Frost & Smyth Clts agst Waring & Mannyng defts In the Cause betweene the said parties for that it concernes a last will and testamt & letters of Administracon Therefore Ordred that this Cause be referred to the Cheife Judge for probate of wills & granting Administracons to whome it properly belongs * * * Volume 57, p. 130 (1666): In Causo inter Tho: Touey Tho: Frost and Tho: Smyth Complts agst Sampson waring and Thomas Mannyng defendts the Court hath Ordred that the said defendts doe sattis fye to the said Complaints for Charges in the said suite the sume of Two Thowsand and Ninety pounds of tobaccoe * * * Volume 57, p. 164 (February 14, 1666/1967): A Capias ad satisfaciendm issued to the sherriffe of Caluert County agt Thomas Mannyng and Sampson Waring for Two Thowsand and Ninety pounds of tobacco to be sattisfyed and paid unto Jno Morecroft the Attorney of Tho: Touey Tho: Frost & Thomas Smyth according to an Ordr and decree of the Justices of the Court of Chancery for Cost of suite there depending betwixt them and now ended the 14th February 1666 * * * Volume 57, p. 205 (1667): Ordered that Thomas Touey Frost and Smyth doe sattisfye unto Capt John Cobreth the sume of Three hundred pounds of tobaccoe
  Person ID	I9153	Frost, Gilchrist and Related Families
  Last Modified	17 Apr 2024

  
  

  Father	Robert BRASSEUR,   b. Abt 1598, France d. Abt 1666, Nansemond County [now Suffolk (Independent City)], VA (Age ~ 68 years)
  Family ID	F84	Group Sheet  |  Family Chart

  
  

  Family	Florence REY?,   b. Abt 1630   d. Bef 4 Dec 1665 (Age ~ 35 years)
  Family ID	F4394	Group Sheet  |  Family Chart
  Last Modified	17 Apr 2024