"Lest they should imbibe more exalted notions of their own importance than I could wish": The Incredible Fourteen Page Will
By: Lisa Timmerman, Executive Director
Thomson Mason (1733-1785) was born at Chopawamsic Plantation in Stafford County, VA to the powerful Mason family. Instead of deep delving into his political career, we focused on his fourteen page will, and the impressive amount of control he tried to exert even after his death. Over his lifetime, he accrued property in Stafford, Prince William, Loudoun, Richmond, and other regions and was most eager to dictate every detail. Below are some of the more interesting excerpts with our commentary.
(Aaron Arrowsmith (1750-1823) and Samuel Lewis (1754-1822) 1804 Map of Virginia via The David Rumsey Map Collection)
Thomson Mason married twice. First to Mary King Barnes (before 1758-1771). They had four children: Stevens Thomson Mason (1760-1803), Abram Barnes Thomson Mason (1763-1813), John Thomson Mason (1765-1824), and Ann Thomson Mason (1769-1817). Although originally buried at Gunston Hall, her body was later moved to Raspberry Plain in Loudoun County. Thomson Mason married Elizabeth Westwood (1740-1824) in 1777, previously married to Rev. James Wallace. She also had four children with Thomson Mason, Dorothea Anna Thomson Mason (1778-1822), Westwood Thomson Mason (1780-1826), William Temple Thomson Mason (1782-1862), and George Thomson Mason (d. 1873).
“…my body I wish to have interred upon my Son Stephen’s Plantation in Loudoun so that the foot of my Coffin may touch the head of my Son George’s, and that a Space may be left on each side of me, to receive those of my two Wives, if my present wife should desire that her remains may be beside mine, & I desire that my son Stephen will remove those of his Mother from the family burying Ground, at my brothers for that purpose, As to my worldly Estate I give of it as follows – Imprimis I give to my beloved wife Elizabeth, all the Estate of whatever nature that shall be remaining at my death, of what I gained by marriage with her. Item I give to my said Wife, during her natural life, clear of the Mortgages, and other Incumbrances on it, all my lands on Chappawamsick Run, in County of Stafford, which lye below the lands of the Revered. Mr. Harrison, & bounded by lands of the late Mr. Moncure, Mr. Adie, the Rev’d Mr. Harrison, & Chappawamsick Run, & all my lands on the said Run in the County of Prince William, which lye below the lands of Coll. Burr Harrison, Robert Carter, Esqr., Mr. John Hedges, & the said Chappawamsick Run, containing 1220 acres, in the two Tracts more or less, reserving out of the Lands, to my son John Thomson Mason, & his heirs, his choice of 50 acres, to be laid off in a Square for a Sear on which side the run he pleases, so that it does not include the gardens, Orchard, or any of the Housing, in County of Stafford, or any of the low grounds, in the same County, and after death of my Wife, I give the Reversion of all the said Lands, to my said son John Thomson Mason & Heirs, provided he attains the age of twenty one years; and I hereby declare that I intend this device to my wife, in Barr of her Dower of my other lands in Stafford and Prince William Counties, but not in Barr of her Dower of any other lands she may be entitled to elsewhere.”
Mason referenced participating in William Byrd’s (1728-1777) lottery. Byrd’s ostentatious lifestyle led to a considerable amount of debt, some of which he tried to pay in the form of a lottery. He prized most of his estate at the falls of the James River, hoping to raise 50,000 pounds by selling tickets in both Virginia and England. While his entire life deserves one or more blogs, it is sufficient for now to know he swore allegiance to the King of England during the Revolutionary War, and we can see some of the ramifications in Mason’s will.
“I give my son Stephens Thomson Mason & Heirs, the unimproved Lotts in the Town of Richmond & Manchester which was drawn in the late Collo. Byrd’s lottery, by Tickets marked with the Initials of his Mother’s or his Brother George’s name. Item, I give to my son Stephens Thomson Mason & Heirs, the Ground in the Town of Richmond, on which the Public Store House lately stood, together with the money due from the public for the valuation of the said Store House, and all the arrearages of Rent…which will appear from my books & all arrerages of Rent due from the public or Turner Southall, who took possession thereof immediately after the Death of Miles Taylor, with my knowledge or consent, and kept possession thereof until it was destroyed by General Arnold; and I think he is intitled to recover Damages of the said Turner Southall, he having converted the said House without my Leave into a public arsenal, by which means it was destroyed by the British under General Arnold…”
When it came to dividing his enormous landholdings, Mason devised that certain land be divided for his sons to do as they pleased after they reached the age of 21, leaving it uncleared for timber until then. He also had a mill set in motion.
“Item I direct that the Mill now begun, shall as soon as possible be finished off, a complete Merchant Mill, with two part of Stones, one pair of which at least shall be double Burr and that another set of Mills, with two parts of Stones, shall be built at the expence of my Estate upon the same run near the Mouth thereof as soon as may be & that the said Mills when finished, and all my Lands in Loudon County, between the Main County road, the Limestone Run & Potomach River, & the Cool Spring Run, together with the cleared lands on the Plantation, now rented by Fouchee, below the Mill run be also rented for the benefit of my Estate for twenty years, that four horses, four Mares, six Servant Men & one Servant woman be immediately purchased, & placed together with six Milch cows and twelve breeding sows, & worked thereon, for four years after my death, but that not more than 40 acres of fresh land shall be cleared within the bounds…”
He specified that his son Abraham would have sole management of the mills, but under strict instructions on how to divide the profit, what he could purchase (mainly enslaved persons and stock), and conditions if the mill was not profitable within a short period of time. Not surprisingly, he had similar rules for other mills.
“Item I direct that a Merchant Mill be built on Chappawamsic Run, on the lands given to my son John, where he shall direct, not to exceed the expence of four hundred pounds, which expence is to be repaid out of the profits of the Mill, in part of his Sister’s Nancy fortune…”
Here he specified everything from the names of the enslaved to the names of the prized riding horses, such as Rupert, along with other horses and colts. He also included,
“…that two indented farming white Sevants be purchased for John who have four or five years to serve, provided they do not exceed the price of thirty pounds each…”
For his wife, he left all his household furniture at Errol and Chopawamsic, stock of cattle, sheep, goats, cows, oxen, hogs, ewes, horses, his chariot and harness, and mares. For the enslaved,
“I give to my wife my negro girl Pegg till January 1789 and I direct that one Negro girl between age of sixteen and twenty be purchased by my Executor for my wife, within three years of my death and I direct that another Negro Girl and two Negro lads between age of 16 and 20 be purchased for my wife, by my Executor, within six years of my death and I give said Slaves, in Trust for use of my wife for her life and to uses she shall direct by her last Will and Testament…it being my intention that the four slaves with their increase shall be for the separate use of my Wife without the Interposition of any husband she may marry.”
She also received the promise of “geered Mill” to be constructed and maintained on Pearson’s Run. For his two youngest sons,
“…may be put to learning English, at one of their Guardians Houses till eight years of age, and that then they be kept at Writing, arithmetic, and reading elegant English Authors and modern languages till they are 12 years of age, and then to be kept at learning the Latin Language, Book keeping, Mathematicks, and other Useful branches of literature, till the age of 18, and then to be put out to such Business or profession as their Genius’s are best calculated for. Item I particularly direct that neither of my younger sons shall reside on the South side of James River, or below Williamsburgh, before they respectively attain age of 21 years, lest they should imbibe more exalted notions of their own importance than I could wish any child of mine, to possess.”
His thoroughness continued.
“Item I give the use of my Gold watch, to my wife till a new Gold watch with an embossed case and Equipage suitable for a Lady, of the price of 30 Guineas can be purchased for her out of my Estate, and as soon as such Gold watch and equipage is furnished for her I give my gold watch to my son Westwood. Item I give to my daughter Ann Thomson Mason the equipage that was her mother’s and direct that a gold Watch of twenty Guineas value be purchased for her. Item I give to my sons Abraham, John and Westwood and Temple such a horizontal Silver watch, when they arrive at the age of twenty one years, and I give to my son John Thomson Mason my brass barreled Pistols.”
Two of the enslaved persons received special accommodations.
“Item I direct that my Negro boy Jack be allowed to settle upon any of my land in Loudon Stafford or Prince William, and that my Executors lay off for him, 30 acres of good arable land 10 acres of pasturage, to tend a crop for himself, build him a barn of Loggs, 20 feet square and furnish him with 1 cow, 2 sows, 1 Ewe and a Mare of ten pounds value, one barshare plow, one Dutch plow, 1 broad Hooe, 1 narrow hooe, 1 axe, 1 mattock, 5 barrels of oats, 5 barrels Rye, 5 Bushels Wheat and 10 barrels of Corn, to stock his Plantation and set him forward, and let him have one month’s work of an able negro man and the loan of my ox cart, for the same time, to put his little farm in order with Liberty to get Rails and fire wood off my adjactent lands and I direct thr whole profits of his farm and the Stock given him be at his own Disposal and over and above the bore mentioned provisions. I also give him the annual sum of six pounds specie, the use of the lands I give him for life and the Stock forever; and I hereby direct that my Executors and Heirs all join in protecting of my said slave Jack, in all his just rights, and the he shall be subject to the control of no person whatsoever, and this provision I have made for him as a grateful acknowledgment of the Remarkable fidelity and Integrity, with which he has conducted himself to me for twenty years and upwards. I also give to my said Slave Jack, 300 weight of pork to be paid him in the year I shall dye.
Item I direct that if every my maid Catina should be parted from my Wife, that she also receive 200 weight of Pork, a White shift, and a Callico Gown and petticoat annually…”
Thomson Mason died on 02/26/1785. Interestingly, Elizabeth Mason appeared in front of Stafford County Court on 10/10/1785, to declare she would,
“not accept, receive, or take any Legacy, or Legacies or any part thereof, to me given by last will and Testament of my late Husband Thomson Mason Esquire, and do renounce all benefit and advantage which I might claim under the said Will.”
Why would she contest the will? Given that he had eight children, four with his former wife Mary King Barnes, she could have protested the distribution of inheritance or the rules concerning her dowry if she were to remarry or remain a widow. A will that went so far to specify who would determine the proportion of meat given to enslaved persons, could create chaos if the provisions were not desirable as Thomson Mason clearly tried to control his wife, children, and property from beyond the grave. He often noted the conditions of her dower, a crucial element to her livelihood as a widow. The legal rights of women in the 1780s solely depended upon their marital status. Different rules and rights applied to single, married, and widows, and often widowers experienced the most freedom. Almost immediately, Thomson Mason noted Elizabeth’s dower,
“and after death of my Wife, I give the Reversion of all the said Lands, to my said son John Thomson Mason & Heirs, provided he attains the age of twenty one years; and I hereby declare that I intend this device to my wife, in Barr of her Dower of my other lands in Stafford and Prince William Counties, but not in Barr of her Dower of any other lands she may be entitled to elsewhere.”
On 11/14/1797, a different Elizabeth Mason submitted a similar document to the Fairfax County court protesting her deceased husband, George Mason V’s, will. Scholars believe she renounced his will because of the consequences of remarriage and the inheritance of the two oldest children. Ultimately, she won with a 1799 deed that preserved most of the original document’s language but removed stipulations regarding her widowhood and/or remarriage and granted her more property at the expense of her son’s inheritance.
While the Mason family was extremely powerful, Thomson Mason’s attempts to control the years and decades following his death were remarkable, especially given the country’s emerging and still very fragile independence and identity. From an economic and moralistic perspective, Mason created a will that probably caused a few headaches.
Note: The Prince William Resolves Chapter, National Society Daughters of the American Revolution (NSDAR) will hold a Wreath Laying Ceremony honoring the 274th Anniversary of the Town of Dumfries and the 249th Anniversary of the signing of the Prince William County Resolves. The event will take place at the Weems-Botts Museum, Dumfries, VA at 11:00a.m. on Saturday, May 6, 2023. HDVI & The Weems-Botts Museum is honored and excited to help commemorate the many historical happenings in our community!
(Sources: Sparacio, Ruth and Sam Sparacio. Stafford County, Virginia. Order Book Abstracts, 1664-1668 & 1689-1690. Millsboro: Colonial Roots, 1987, Note: The enslaved names were often excluded from this transcription; The Mason Web: The Mason Descendants Database, Gunston Hall Library, https://gunstonhall.org/wp-content/uploads/masonweb/index.htm; Mason Family Papers: The Digital Edition: Exhibits: “I Elizabeth Mason … Do Hereby Declare That I Will Not Take or Accept [the] Provision for Me Made”: A Widow Asserts Her Independence, https://research.centerformasonslegacies.com/s/masonfamilypapers/page/elizabethmabmason; Evans, Emory, and Dictionary of Virginia Biography. "William Byrd (1728–1777)" Encyclopedia Virginia. Virginia Humanities, (22 Dec. 2021). Web. 19 Apr. 2023)
1 note
·
View note
Gifting Land Never Owned: From King Charles II’s Lips to Colonel Philip Ludwell’s Parchment
By: Lisa Timmerman, Executive Director
On 06/09/1690, Colonel Philip Ludwell (1638-1723) appeared in Stafford County Court as a land agent for Sir Thomas Culpeper to put an end to penning of wild horses by rangers in the Northern Neck.
“Whereas the Proprietor of this Northern Neck have by Coll. Philip Ludwell their agent and attorney prohibited all Pens to be made in the woods under pretensions of catching wild horses as also all Rangers to say those that make it their business to Range for wild horses & whereby it appears by the said prohibition put upon Record divers inconveniences and prejudices happen to several of the Honest Inhabitants as therein doth fully appear and hath been also submitted the order and direction for Rangers wholly to the consideration and discretion of this Court the Court doth fully appear and hath been also submitted the order and direction for Rangers wholly to the consideration and discretion of this Court the Court doth therefore concur therein and accordingly order that all Rangers from henceforth do cease their said ranging Let their pretentions be from whence they will also that they desist from making any more pens in the woods remote from habitations under pretense of catching wild horses and that those that are already made be with the first conveniency Throwne down and demolished That for the future whoever has any pretensions or claims to wild horses & doe first make application to this Court for an allowance for the same that the Court may have their reasons and pretensions therein and order as shall be most Just for them and convenient for the rest of the Inhabitants and it is further ordered that this order be publickly read at the beginning of each Court held for this County.”
(Fairfax Grant and modern political boundaries via Virginia Places, virginiaplaces.org, copyright Historian Charles A. Grymes)
While the Virginia Rangers of the mid-18th century are more well known, they also operated during the 1600s, mostly defending the frontier and responding to perceived threats and instances. Horses in North America first evolved in the Eocene epoch and had a closer relationship to modern zebras. The Equus scotti appeared in the Pleistocene fossil record and became extinct long before the English colonists traveled to America. The Virginia Company of London recognized the need for domestic beasts and encouraged colonists to breed, herd, and protect the animals they exported to Virginia. While horses appeared in the Chesapeake as early as 1609, they were scarce by the mid-17th century, enough to warrant Virginia to prohibit the exportation of horses and mares in 1662. They reversed this ruling by 1669 as the colony’s supply rapidly increased causing the legislators to prohibit the importation of the beasts. The colony also established early distinctions between native species and imported and domesticated livestock. In the 1660s and 1670s, legislators required colonists to find the owners of captured horses. This did not prohibit wild horse hunting, but the issue of controlling domestic, native, and wild livestock constantly plagued the colony. To complicate matters, colonists also tried to regulate and control horses among the indigenous people of America. Here we find them supposedly claiming wild horses and doe committing “inconveniences and prejudices” against “honest inhabitants.” Who are the “honest inhabitants?” By the 1690s, they are the Culpeper family mainly due to crafty political maneuvering extending from a time strife in England following a war and execution.
In 1649, King Charles II granted the land between the Rappahannock and Potomac rivers to seven supporters who pledged their allegiance and resources to helping him during his exile in France following the English Civil War and King Charles I’s execution. Those seven supporters were: Sir John Culpeper (1st Baron of Thoresway); Ralph Lord Hopton, Baron of Stratton; Henry Lord Jermyn, Baron of St. Edmundsbury; Sir John Berkeley; Sir William Morton; Sir Dudley Wyatt; and Thomas Culpeper (cousin of Sir John Culpeper). Gifting land in the Virginia colony that he did not profit from or even own was an easy gift for him to portion between the men, especially as this land was outside of the boundaries of King Powhatan making it harder to access and even more unknown. It encompassed 5.2 million acres and would remain in a state of flux as people continued claiming and carving Virginia land throughout the 1600s. Sir Thomas Culpeper actively pursued the land after King Charles II renewed the grant affirming its’ value in 1669, and Culpeper owned 5/6’s of the grant by 1681 with his cousin Alexander Culpeper owning the other 1/6th. Culpeper started hiring local Virginia agents in 1670 to start profiting from the land – his agents sold the land and collect quitrents, a 17th century version of annual property taxes. Philip Ludwell became Lord Fairfax’s agent for the Northern Neck proprieties from 1690-1693, followed by joint partners George Brent and William Fitzhugh. While Culpeper pursued other avenues of profit in the Virginia colony as well, including Brent Town in Prince William County, the Northern Neck properties remained within his family, eventually turning into a clear title by the mid-1700s with Thomas Sixth Lord Fairfax, the first and only person to control 100% of the original 1649 gift, becoming the sole proprietor of the Northern Neck.
Although acting as an agent here, Philip Ludwell had an extraordinary life as he battled against the insurgents during Bacon’s Rebellion (1676-1677), a contentious time in history when Nathaniel Bacon challenged Sir William Berkeley in Virginia’s short civil war. Ludwell himself was a proprietor in the Carolina’s and served as the governor of North Carolina and South Carolina along with other political appointments although he also had his fair share of contentions political strife.
This one simple court record demonstrated the myriad of complications, tensions, and interactions between the people living in Virginia when royals and other officials divided and gifted land they never even owned. From King Charles II’s lips to Colonel Philip Ludwell’s pen, we can catch glimpses of life in Virginia after decades of actions taken by men to gain and control the most land possible.
Note: Thank you to Teresa A. Kelley for her wonderful donation of Stafford County court record transcriptions along with genealogical & estate books to the Lee Lansing Research Library!
(Sources: Sparacio, Ruth and Sam Sparacio. Stafford County, Virginia. Order Book Abstracts, 1664-1668 & 1689-1690. Millsboro: Colonial Roots, 1987; Virginia Places: The Fairfax Grant, http://www.virginiaplaces.org/settleland/fairfaxgrant.html; Tincher, Louise Horowitz. Taking Stock: The Import of European Livestock into Virginia and its Impact on Political Life. William and Mary: Dissertations, Theses, and Masters Projects, 1987; National Park Service: Tule Springs Fossil Beds National Monument – Ancient Horse)
0 notes