Saturday, February 17, 2018

The Will of Nicholas Martiau of York County, Virginia 1656

My ancestor Nicholas Martiau was a slaveholder; he also was one of the first in Virginia to free his slaves when he wrote his will in 1656.

He was born in Île de Ré, an island off the coast of France. Some have claimed that Martiau may have had African ancestry himself, perhaps from early Moorish invasions of Europe.

He was a Huguenot engineer sent by Henry Hastings, Lord Huntingdon, to build fortifications in the Virginia Colony. In 1635, he became one of the first American patriots when he was involved in the ousting of Governor John Harvey, who was subsequently reinstated by the king.

His descendants include President George Washington and Queen Elizabeth II.

From 1635 to 1639, Martiau acquired land patents for property that would become the site of Yorktown. Ironically, the British surrender to his descendant George Washington took place on land that had belonged to Martiau at Yorktown.

His will was written 1 March 1656. The following is my transcription:

I, Nicholas Martian, of the County and Parrish of York Gent: being very sick and weak in body But of Sound and perfect memorie blessed be God doe make ordaine Constitute and appoint this my Last Will and Testament in manner and forme as following Revoakeing annuling & making void and by these presents Cancelling & disclaimeing all & all manner of former & other Will or Wills written or Noncupative all Codicells Legacyes & bequests whatever by me att any time before the ensealeing of this my Last Will made signed & sealed or otherwaies by word of mouth of [sic] made & delivered; And appoint this onily to stand & be my Last Will and Testamit as followeth—
Ffirst I be-queath my Soule into the hands of God my maker hopeing & assueredly believeing that when this life shall end I shall through the merrits of Jesus Christ my Redeemer to injoy everlasting Rest and happiness And my Body to the Earth from whence itt came to be decently buried—
Item for that Estate which almighty God hath been plea-sed to lend me in this world I hereby give bequeath & dispose thereof in manner & forme followeing—
Item I give and bequeath to my Eldest Daughter Elizabeth wife of George Read Esq & the heires of her body begotten or to be begotten for ever all that my Divydent of land scituate lying and being in the sd. Parrish and county of York Except as hereunder excepted) with all houses and appurtenances—
Item I give and be-queath to my Daughter Mary Scarsbrook wife of John Scars-brook soe much of my sd. Divydent of Land in York Parrish as is scituate and lying beyound the Swamp (vizt) on the Southward side of that Swamp called commonly Broccas Swamp upon part of which the said John is now seated to be held by the sd. Mary & her heires lawfully begotten & to be be-gotten for ever wth. Th appurtenances—
Item I give and bequeath to my Daughter Elizabeth Read and her heires for ever my old Mare wth. her whole increase male & female to her and heires except the first Mare foal She shall bring after my decease which I hereby give & bequeath wth. the whole increase thereof to my Daughtr. Sarah wife of Capt. Fuller &—her heirs for ever
Item I give and bequeath to my Loveing Daughter Mary Scars-brook & her heires for ever the Mare Ffoale now running wth. my Mare wth. whole Increase Male & Ffemale—
Item I give and bequeath to my Loveing Daughter Elizabeth Read my watch—
Item I give to my said Daughter Elizabeth and her heires my Grey Gelding but my Sonn John Sca[r]sbrook to make use of him for his occasions—Two yeares after my decease when he shall desyre the Same—
Item I give and bequeath to my Daughter Sarah Fuller wife of Capt. William Ffuller above named and to her heires for ever all that my Divyd ent of land lying in Potomack and conteyneing Two Thousand Acres But in Case itt shall not be seated by some of them (vizt) Capt. Fuller or his said wife or heires att least one month before expiration of time limitted by the Pattent for seateing then the same to be made Sale of Executrixes hereunder named & the produce thereof to be equally dyvyded betweene my said Three loveing Daughters for the good of them & their children—
Item my Will is that within one yeare after my decease all Cattle now in my possession marked wth. my Daughte’s Ffullers mark shall be delivered for the good her and her Children. And I doe alsoe give and bequath to her and her heires for ever ten Cowes more out of my Stock or to be bought out of my Estate with their whole increase, Male and Ffemale, and alsoe a Bull to be delivered within a yeare as abovesaid.
Item I give to my loving sonn George Read Esq. all my weareing apparell except my stuff suite and Coate and new Dimity Caster which I hereby bequeath to my Sonn John Scarsbrook and also Will that Ffive pounds ready money] now lying by me be equally divyded betweene my said Two Son in Lawes—
Item my will that at finishing the next Crop after my Debts are Satisfied my Two Negroes Phill & Nicholas shall be free & that each of them have then deliverd by my Ex-ecutrxes. One Cow & Three Barrells of Corne Cloathes, and also Maybe to build them a house but they or either of them shall hire themselves after their Said Ffreedome or before or Shall remove from the Land here under appointed them then they or he Soe doeing to returne to my Executrices for the good of them and their Children And my Will is that they have land sufficient for themselves to plant in the field where William Leigh lived for their lives or the life of the longer liver of them—
Item I give and bequeath to Hugh Roy lately my Servt. one Three Yeare old Heifer with her increase to be delivered on demand after my decease—
Item I give and bequeth to my abovenamed Two Loveing Daughters. Elizabeth Read and Mary Scarsbrook for the good of themselves & their Children All the rest of my Estate whatsoever in Virginia or elsewhere to be equally divyded be-tweene them but this Divysyon not to be made untill all my Debts & Legacyes be Satisfied which Said severall Debts are to be paid out of the part of my Estate as is given to my said Two daughters. & their Children without any Charge to my Daughter Sarah or her heires.—
Item Lastly, I doe by these presents nominate & appoint & Confirm my two beloved Daughters. Elizabeth and Mary Joint Executrixes of this my Last Will & Testament to see that same performed and kept And in Confirmation of this my Said Last Will and Testament & of every matter Clause & thing therein conteyned I have hereto sett my hand and Seale this First day of March One Thousand Six Hundred Fifty Six.
Nicholas Martian
Sealed & Signed in the presence of us
Nicholas Trott
Tho: Ballard
(York County, Deeds, Orders, Wills, No. 1, 1633-1657, 1691-1694, Reel 1, 337-339.)