Bulletin - United States National Museum

Q 11. U563 CRLSSI. »R!ELl2^i.

NS. \. Alcjxjvncli. A. Fl. F O. Grwsl' •{f^^. R D. ^^; ^tl:. >^. f''^.. P. C \p. XJ. K T Y. ^. ^^^. -^V.. •'^,. ^. Ik. ^^. m. fl. "<..





SMITHSOMAX IXSTITLTION UNITED STATES NATIONAL MUSEUM. BULLLllX. 253. WASHINGTON. DC. 1968.



^^hc (ailrunil HistorN. of MarlborouLih, Mrsiinia An. Archeological aiul Historical Investigation. of the. Town. Port. Count\. for Staffonl. aiul the. Phmtation of John Mercer, Including Data Supplied by Frank. \i. C.. C. K. I. MlSKI. SMH SMI. I. \. Setzler. »)K. C'ULTl. ii^oM.w iN^ini. I. .1. \M). OK IIlsTokN-. H>c).\l.\\. and Oscar H. Darter. W. l.(.()l.\l. \H>k. M. M.. \. I. k. •. w. \.s. Ill.sIOK^. IK. HN()I.t)C;Y. l\Mlll 1U)\. ri<>\. I. il<l. .\>iii\(.. ^^. ION.. iy(. .. .. i.

Piibluulivns of the United States Mitia/tal. The Xational. and. scholarly. include two. series,. Museum. scientific publications of the. J'roteedings. United Slates. of the. L'nited States National. Niitioiiat. In these series, the. Museum. publishes urininal articles its. constituent. museums. History and the Museimi of History and Technolog). —. and others interested. Museum. of Natural newly accjuired. and technology. Copies. the fields of anthropology, biology, history, geology,. to specialists 1. States. and monographs dealing. —The. setting forth. of each publication are distributed to libraries, to cultiu-al. and. Museum. Museum and United. Bulletin.. with the collections and work of. facts in. Museum. and. scientific organizations,. in the different subjects.. he Proceedings, begiui in 1878, are intended for the publication, in separate form,. of shorter jjapers from the. octavo. in size,. Museum. of Natural History.. These are gathered. in. volumes,. with the publication date of each paper recorded in the table of contents. of the volume. first of which was i.ssued in 1875, appear longer, separate monographs (occasionally in several parts) and volumes in works on related subjects. Bulletins are either octavo or quarto in. In the Bulletin series, the publications consisting of. which are collected size,. depending on the needs of the presentation. Since 1902 papers relating. botanical collections of the Bulletin series. and. since. .Museum of Natural History have been published. under the heading. Contributions. from. the. have. research of that. the. in the. L'nited States .Xational Herbarium.. 1959, in Bulletins titled "Contributions from the. Technology,". to. Museum. been gathered shorter ])apers relating. to. the. of History collections. and and. Museum.. This work forms volume 253 of the. Bulletin series.. Frank A. Taylor Director. United States .Xational. Tor. sale. by. the SiiperintomJcnt of. Washington,. Museum. Dccuments, U.S. Government Printing Office. D. C'.. JU-in^ - Price $3.75.

(>()nrcnts I'mt. yW. Preface. HrSTORY I.. <. II.. port towns in \'irginia and origins. )tlicial. Marll)ori)ii?li. (if. Mcro'r's occii(>ation of Marlhoroneh, 1726. Iiihii. 173(1. III.. MiTci-r's consolidation of Marll)oroiii'li, 1730 1710. I\'.. Marlborough at its ascendancy, 1741 1750 Mercer and Mnrll)oroiu;h, from zenith to decline, i/ji. \'.. \'I.. \'II. 1\. 27 i. 61. The. 65. .. problem, and preliniinar)-. site, its. .\rcheolos;ical techniques. .. tests. 67. .. 70. .. Wall system. 71. \. Mansion foundation (Structure B). 85. .. XI. Kitchen foundation (Structure E). 101. XII. Suppo.sed smokehouse foundation (.Structure. XI. 11. XI\.. I'its. 107. I. and other structures '•••'. Staff.-'i. Ill. P"'. ••!'. I'. ^r Tr-.l. 115. ARTiKAcrrs. X\. X\. 123. CWamic-. 125. 1. r.lass. M'. 1. <. X\'. W. 49. /'jO. Dis.soliition of Marll)orotii;h. Archkih.ckjv .\Nn Arciiitecture. \111. I;"). 21. 1. 111. XIX.. )l>iects. of person.il no-. Metalwork ('.(inclusion. I. .. I. .. I. (»t\l-RM, C'«\C:l.fSIONs. XX.. I7">. 181. .•\.. InxentoiN ol licuiiic .\ikIh,\%>,. B.. Inventory of Peter Be.uh. (;.. Charges to account of Mosley Haltalrv. I).. "Domestick Vs. E.. John Mercer'^. •. 1. '. >ii.iiii.n \. Kccpei. I.'!''. IH«i. 72.'i. 1726. (>\rr\vli.uton. II.. (Ailonisls idriitilird. I.. Materials. J.. C'tcortje. listed in. li\. MM. 141. John Mrrcri. accordini; to occupation. accounts with Hunter and Dick, Frrdrrickslvnt;. MeiTcr's exjJensM while atlrndinj;. collrtrr. K. John Mercer's library Botanical record and prevailing teniix-raturr*,. M. Inventory Index. 183 184. .. Credit side of John Mercrr's account with Nathaniel l^hapmi: P.u i>li account. f;. I... IS. '". .Suniman.- of findini!*. Ap|x*ndixe-. F.. >. >. V. of Marlboroni^h, 1771. I. 7i>7. !. '. >. I'M I. ,.



Preface A of. luiiiibcr of. )scar. the. people participated in the preparation. at. The. excavations at the Indian village. historical. .nut (. study.. tliis. inspiration for the archeolos;ical. came from. in\(-stii;.itions. H. Dartrr. wlio. F'rofcssor. 1960 was chairman of. initil. Department of Historical and Social Sciences at C'oUeijf, the women's branch of. Mary Washinijton. The. the L'niversity of X'irijinia.. actual excavations. were made under the direction of Frank M. Setzler, formerly the head curator of anthropoloijy at the. None. Sniithsunian Institution.. would ha\e been. fxissible hiid. permitted. pro|H'rty .•itjmrtimcs. of the investigation. be. to. considerable inconvenience to. at. made, them-. I am indebted to W. Biscoc, Ralph W'hitticar. and Thomas .Ashby, all of whom owned the excavated areas at Marlborough; and T. Ben Williams, whose cornfield includes the site of the 18th-century Stafford County courthouse, south of Potomac Clreek. For many years Or. Darter has been a resident of Fredericksburg and, in the summers, of Marlborough Point on the Potomac River. During these years,. s<-l\rs. [r... he has devoted himself to the history of the .Stafford. County area which northeastern. in. lies. between these two locations Marllwrough Point has. Virginia.. interested Dr. Darter especially since. it. the site of. is. one of the \'iri;inia colonial port towns designated by .-Xct of Ancinbly in 1691. During the town's brief existence,. it. was the. location of the Stafford. CV>imty courthouse and the place where the colonial. and lawyer John. planter. home. in. activities. brickbats. 1. at. 726.. MarllN)i(iugh. and. Mercer established evidence. Tangible. jxjLshertls. Point .itill. can. in. his. of. colonial. the. form of. be. .seen. aft'-'. survey plats of the port town.. In this. same period and. as early as 1938, Dr. T.. Dale Stewart (then curator of phvsieal anlhropolo. The. site.. ing. As. site. had commenced of Patawomeckr,. backgrounds of. aliorigiiial. Marlborough Point already had. T. I'. ijeen investigated.. the result of his historical research. this project, Dr.. Stewart has cotitribm. the present undertaking. to. tally. own. Ix'yond his. Motivated by. and. stances,. by foreseeing the. Town. excavations of .\larll)orough. as a logical step. investigation. this. combination of. interests,. Darter. historical clues. Dr.. Smithsonian Institution to participate logical tcsts. investigation. made. to justify. wn. •'. an. in. rrw.T. '. —. Cc ;lv, an a| was prepared jomtly and was subnutled. such a project.. .American. ,. Philosophical. 1956 grant number SI. •'. .n. Prrliminan-. iitly. by Dr. Darter through the l'niversity of the. circum-. invit..'. Marllwrough.. of. 1954. in .August. tion for funds. .Society.. \'irgir-. In. '. I'. Johnson Fund the program. In aii. 1.59,. 500 was assigned to. Smith.sonian In^iiiuiion contribiitetl the p field research and dire^-irti the services nri. purchase of. oi. ...i.. maps and. publication. .....iius. and photostats, the drawing and the preparation and. illustrations,. of this. Darter. Dr.. report.. provided the use of his Marllxirou^h Po;. during the. peritxl of excavation,. and Marv W.iFrank ^. ton College administered the ifranl.. directed the excavations duri"". and May 19.56, while material and the searches of April. 'I. each plowinn. while John Mercer's "Land Bimk examined anew by Dr. Darter, has revealed the on rial. Institution). a few hundred yards west of the Marl'. not the owners of the. excavations. the. Smithsonian. tin-. were carnetl out by \t the. prctetl I. !. V... (r.ices. ntury town would. -.ix-^w.-l. i*.-. !. M.i.. commenccnicnl of that. •. i. a;. of the l>e. fo«i. the foundatioits of the rouril IS rtot. realized, altlKNigh. wUm. \\.i>.. '.Knaid tr>.

piovi-d to. Mciccr period. l)i-. of greater importance.. report was made in American Philosophical Society the 1956. After completion, a Tear. Book of the. (pp. 304-308).. 1956 excavations, the question remained whether the principal foundation (Structure B) might not have been that of the courthouse. Therefore, in After. ilic. August 1957 a week-long effort was made to find comparative evidence by digging the site of the succeeding 18th-contury Stafford Count)' courthouseThis disclosed a at the head of Potomac Creek.. foundation suHiciently different from Structure B to. any analogy between the two. should be made clear that -because of the limited of the grant— the archeological phase of the in-. rule out It. size. Only the. necessarily a limited survey.. was more obvious features could be examined within the means at the project's disposal. No final conclusions. vestigation. example, are warranted. relative to Structure B, for. beneath the highway can be excavated. Further excavations need to be made south and southeast of Structure B and elsewhere in search of outbuildings and cxidence. Edward G. Schumacher ol the Bureau of American Ethnology, who made the archeological maps and drawings; Jack Scott of the Smithsonian photographic laboratory, who photographed the artifacts; and George Harrison Sanford King of Fredericksburg, from whom the necessary documentation for the 18th-century courthouse site was obtained. I am grateful also to Dr. Anthony .\. B. Garvan, professor of American civilization at the University of Pennsylvania and former head curator of the Smithsonian Institution's department of civil history, for invaluable encouragement and advice; and to Worth Bailey formerly with the Historic American Buildings Survey, for many ideas, suggestions, and imreport;. portant identifications of craftsmen. I. am. equally indebted to Ivor Noel. archeology. of. tution,. which. artifacts; to. it. of 17th-century occupancy. Des|)ite such. examination. limitations,. plantation culture.. hope that. it. will. this. segment. a. of. It. of. study. is. a detailed. colonial. Virginia's. has been prepared with the. provide Dr. Darter with. es.sential. his. for. assistance. in. this. study. concrete. is. concerned. — objects. and. principally. artifacts. that arc to be derived from them.. the mutually dependent. and cultural. historian. and. and It. with the. what is meanings. has relied upon. techniques of archeologist will serve,. it. is. hoped, as. a guide to further investigations of this sort by historical. museums and. organizations.. Among the many individuals contributing to this study, I am especially indebted to Dr. Darter; to the members. of the. me. to the ledgers; to. and the Alex-. andria Library for repeated courtesies and coopera-. and. to. Miss Rodris Roth, associate curator of the. at. Smithsonian,. detecting. for. Marlborough. in a least. suspected source. I greatly appreciate receiving generous permissions from the L^niversity of Pittsbiu'gh Press to quote extensively from the George Mercer Papers Relating lo. the. Ohio Company of. Russell to copy Marlborough.. To who. all. I'irginia,. Thomas. of these people. contributed. completion of. in. and from Oliver's. and. Russell. inventory. illustrations. which. embellish. the. this study,. to the countless others. I. offer. my. grateful thanks.. C. M.\LCOLM \V.\TKI.NS. Washington, D.C. 1967. & ot. one way or another to the. American Philosophical Society who. made the excavations possible; to Dr. Stewart, who reviewed the archeological sections at each step as they were written; to Mrs. Sigrid Hull who drew the line-and-stipplc. for her cooperation. the staffs of the \'irginia State Library. Oliver's inventory of. such as the Smitlisonian,. of. Library, Unixersity of Pittsburgh, for providing the. in\aluable clue that directed. Thomas. museum. identification. making the Mercer ledgers available for this report; to Donald E. Roy, librarian of the Darlington. history. to the function of a. an. Insti-. in. tion;. the. the. Bucks County Historical Society,. cultural. increasing. director. and. Mrs. Mabel Niemeyer, librarian of the. knowledge of the material culture of colonial America. Appropriate of. Hume,. Williamsburg. Colonial. at. material for his area studies and, also, with the w4der objective. Mercer's. honorary research associate of the .Smithsonian. until the section of foundation crosses. listed in. ledgers..

The. Cultural Historx'. of. Marlborough,. \^irL;inia.

Ilk'urc. I.—John Mercer's bookplate..

HISTORY.



'. I. (Jffiiiii/. Port Towns. On\(^iiis. of. TOWNS. ESTABLISHING THE PORT. in P^irgiiiid. M(ir/horoii(^li. government was faced not only with these economic. a port town for eacli ol tlic m.ijiu ii\er and for the Eastern .Shore. But the law's sponsors were doomed to disappointment, for the towns were not built.' After a a new act was passixl in 1680, thimentcd and further reaching. It provided for a port town in each county, where ships were to deliver their goods and pick up tobacco and other exports from town warehouses for their return voyi One of its most influential supporters was Wiiii.un I'il/hui;!) of .Si.ilTord County, a wealliiy planter and distinguished leader in the colony.' "Wc have now resolved a cessation of making Tob" next. hazards but also with the resulting administrative. he wrote to. est.il)li.>liiin;. valleys. The dependence the sini»le crop. of. 17th-century. — tobacco — was. Virginia. upon. a chronic problem.. A. bad crop year or a depressed Enghsh market could plunge the whole colony into debt, creating a chain. and failures to njeet Tobacco exhausted the soil, and soil exhaustion led to an ever-widening search for new reaction of o\ erexlended credits. obligations.. land.. This. .After the. dilliculties.. turn. in. and. dispersal. extreme. brought. population. alxiut. decenlrali/ation.. Restoration in iWiO the X'irginia colonial. It. was awkward. to. govern a scattered. population and almost impossible to collect customs. on imports landed at the planters' own wharves hundreds of miles of inland watenvays. The loyal governors and responsible pei-sons in the Assembly reacted therefore with a succession of plans to estalilish towns that would be the sole ports of entry for the areas they ser%'ed, thus making theoretically simple the task of securing customs revenues. The towns also would Ih" centers of business and manufacture, di\eniifying the colony's economic supports and lessening its dependence on. <. v. London. his. agent, C'-aplain. "We are also going to make Towns, if you MJtK). can meet with anv tradesmen that will come and live. duties .ilong. tolNicco.. To men. of English orii;in this eslablishmrni. of port coinniiiiiilirs. Miiist. Imvc srrmrd. The. sucli. propos.il. (>ccame. II. in. lt>»>2,. I. UM. VM. ». Ihid.. vol. 3.. ihAt. fainily. County. I. I. H. II. ihf A^it. pp. 471. I-. rinirl.. "l^llrn of. huntrja, inrnh.tni. Willi.iin. .iri«i.». Fit.-. (RichnK"I7/.W\ nml. /Jiofra^Ar. 1. .•. />(/». I. 'ilv. -TH. I. rpitoini/rd (he l.imlrd. />.-',. York,. '. 176.. •William. n.itm.il .ind. l.iw. I. 17;;. pp.. I. lirst. \\. '. Collnhtm o/ All. ivitrd. lonic.il.. Part.. of. rdil. North. .Soticty. 1963).. Ki. <. '-.It'. i. ii. n. 11.

•. -~-J . ,.^,. •7V>*?,<'. "»/ '^'Yr^—^'fr?. A. ,..,^.1,.. ..V ^...;. I.. ,A,,,. .. .f.. ft til. %l if. fl.

.. at. Town, thcv inav. tlu". li.u'c. and im-. privilcirrs. '. iiiunitys.". Soiiu" of. witc. as actiuilly. tlu-SL- l;n\. lots,. laid uul, racli. on. hut only 9 tracts were. The Act soon lagged and collapsed. It l>uilt upon. was unpopular with the colonist.s, who were ol)lii;e(l to tran.sport their tobacco to distant warehouses and to pay storage fees; it was ignored by shipmasters, who were in the habit of dealing directly with planters at their wharves and who were not interested in making it any easier for His Majesty's customs collectors.''. come up with. Nevertheless, efforts to in. hi!)!.''. I. articulate. in. his. economy, the. a third act. William Fitzhugh, especially, was alarm over N'irginia's one-crop. effects of. At. posed to mitigate.. which the towns were sup-. this. time he referred to tobacco. "our most despicable commodity.". as. .A. year. at the specilii'd purts. and ai. should. <. l)ecoiiie efTectiNr. FeofTees, to. tracts.. lots. Im-. all. uiiilii. p-. ;i.ilii,. .ind that the l.i« )ctoljer. The towns. 1692.. I,. again were to be suiAc-yed aiul acre. th.it. u\. ls«-,. '. i. of forfeiting ship, gear,. idrd. _. taken. Ix*. I.i. appnintrd.. on a pro rata. first-cost. "shall within the space of. Graii''. basis.. •. ^. foiii. such grant begin and without n. and. i. on each half acre one gcKxl house, to containe twenty f(K)t scpiare at the least, wherein if 'i' fails to performe them such grant to Ix" \oid in i.i>\. and the lands therein granted l\ablc to the choycc finish. and purchase of any other person." Justices of the county courts were to fill vacancies among the feoffees and to appoint customs collectors.". later,. more uncertain for a Planter to money by consigned Tob" then to get a prize in a. he remarked, "it get. i. exports and iiDpuiLs should. a SO-aciv tract of lialt-aciv. hesj.in. greedy and co\etous prrs. is. THE PORT TOWN FOR STAFFORD COU.NTY. '. lottery, there. In April. being twenty chances for one chance." the. 1691. .•^ct. was passed, the. for Ports. House, significantly, recording only one dissenting L'nlike its predecessor, which encouraged and crafts, this Act was justified purely on the basis of overcoming the "great opportunity given to such as attempt to import or export goods and. The. governing bodies. for. was. .. merchandises, without entering or paying the duties. and. due. customs. thereupon,. much. practised. by. in. '.. putting the .Acts into. '. by the attempts to establish a port town Stafford County. Under the act of 1680 a town. trades. .. confronting the central. illustrated. vote.**. .. dilliculties. to. be built at "Peace Point,. where the Catholic. ". refugee Giles Brent had settled. nearly. forr>-. years. no evidence that even so iimch as a suiA-ey was made there. The 1691 Act for Ports located the town at Potomac Neck, where .\ccokeek Creek and Potomac CVeek convei before, but there. is. '. Potomac River. <. VHM.. '. RoBKRT. op.. Louis. edit.. //// Hiilory. Hk\-erlf.\-, B. Wriijht. I. Carolina Press. Ht47),. nomu. History of I'irginia.. Chaprl p.. and Prrsrnt Stale of Virnima.. Hill;. The. University of North. HH; Philip .Alexandkr Bruce,. 2nd. ed.. (New York:. P.. Smith.. /iro-. M>:?.i).. about three mii. .Situated. the previously designated. cit., p. :»0.. site,. <. ^s. was again on Brent. it. property, lying within a tract leased for. :. Malachi Peale. former high sheriff ol October 9. 1691. the Stafford Court "ordered that Mr. William Buckner deputy Sur\e\ or of tl repair to th< ' shall on Thursday next Peale neck being the place allotted by act of assembly " then for this Town and Port of this County v or and there SuiAey and Lay Out the s of gentlemen Port ... to the Interest that all the >. \. vol.. '2,. pp.. .').5;l-.554.. 'Journals of. desiRnated. the. JHB). House of Burgesses of Virginia (hereinafter 1659/60-1693, edit. H. R. Mcllwaine (Rich-. mond, Virginia: Virginia State. Library',. 1114). pp.. :<():?,. ;!0.i,. ;<0H, :U.5.. •"Letters of William KitzhuRh." 17/1/ vol. 2, >. pp. 374. i. Richmond, 1895),. 175.. JHfi 1659/60-1693, op.. cit.. .. .. ... and. (footnote 6), p, 351.. .. all. other of the Inh. '. '. up «ich. take. '. ". (^n the Lot and Lots as be and Thompson, Matthew same day John Withers and .. both justices of the peace, were Trust.". in. Figure. 2.. — Survey plats of M.irlborough as copied. in. |ohn Mercer's I^nd Book showing at bolloin. John. Young. CJiles. a|. '. Bient.. C\k-s Brent Gent, late of this county dec"' vet 21, selected Francis Hammersli'-. '. .Savage's. 1731; and lop. Williani Buckner's and Thcodorick Bland's, 1691, (The courthoiuc prol>. ablv stood in the vicinity of. lot 21.). I. If. KINO, op.. cit. (fooiiioie. 1. >.. \-ol.. .1,. "Feoffers !. pp.. .'>V»i*».. ". heir. ot. ai>d not. '. '.

Hamincrsley in. capacity became the adminis-. this. Fitzhugh, on October. 17,. 1693, dutifully read the. was agreed that 13,000 pounds of tobacco should be paid to him in exchange for the 50 acres of town land owned by. reconmiendation of the Committee of Grievances and Properties "That the appointment of Ports & in-. Brent.'". imported or. trator. ol'. and accordingly. Brent's affairs,. it. "two of the said and laid out for a former Act of As-. Actually, 52 acres were surveyed,. Land belonging. acres being the. to. House according to sembly and the other fifty acres pursuant to the late Act for Ports." The "former Act of Assembly" which had been pas.scd in 1667 had stipulated the allotment of two-acre tracts for churches and courthouses, which in case the lots "be deserted y'' land the Court. shall revert to y". extra two acres. 1st. .. .. .". .. ". For the. Hammersley was given 800 pounds of. set aside to. since. for the. made was. a formality,. drawn ahead of nearly two months. actually been. time by Biickner on .-Vugust. 16,. were eager to begin their town. Buckner's plat was copied by his superior, Theodorick Bland, and entered in the now-missing Stafford Survey Book. John Savage, a later surveyor, in 731 provided John Mercer with a duplicate of Bland's copy, which has survived in John Meiccr's Land Book (fig. 2).'^ On February 11, 1692, the feoffees granted 27 lots before; clearly the Staffordians. 1. John Mercer's. to 15 applicants.. later review of. tlic. town's history in this period states that. "many". were "built on and improved." were licensed, one in 1691 and one. Two ordinaries. lots. '•'. business activity other than the. in. of the. 1693, but no. Potomac Creek. ferry. have been conducted." Any future the town might have had was erased by the same adverse reactions that had killed the previous port acts. The merchants and shippers used their negative influence seems. to. and on March. 22,. act for Ports. &c. y'^. known. therein or. 1693, a "bill for suspension of. Maj" pleasure shall be y" next assembly" passed the. till. till. their. In due course the act was reviewed and returned unsigned for further consideration. William. house.. & burthensome to the Lihabitants and traders thereunto." Doubtless dictated Ijy the Board of Trade in London, the recommendation was a defeat for those who, like Fitzhugh. sought by. Stafford. County Order Book, 1689-1694. (MS bound. with. order book for 1664-1688, but paginated separately), pp.. 17"),. 177, 180, 189.. (Richmond, 1903), vol. 10, pp. 147-148. "John Mercer's Land Book (MS., Virginia State Library). " J//B, 1742-1747; 1748-1749 (Richmond, 1909). pp. 285II. '''. thereof. tiie. establishment of towns to break tobacco's strangle-. liold. on. \'irginia.. THE ACT FOR PORTS OF 1705 AND THE NAMING OF MARLBOROUGH Nevertheless,. "Mills," F//.V/. town. the. was hard. was given a new. the other counties,. when. another. still. Robert Be\erley, in. idea. Act. for. Ports,. kill.. was passed.. substance the provisions of. runner,. but. lease. on. This Act. by. repeated. immediate. its. life. introduced. fore-. provided in addition extravagant. in-. ducements to settlement. Those who inhabited the towns were exempted from three-quarters of the customs duties paid by others; they were freed of poll taxes for 15 years; they were relieved from military mustering outside the towns and from marching outside, excepting the "exigency" of war (and then only for a distance of no more than 50 miles). Goods and "dead provision" were not to be sold outside within a 5-mile radius, and ordinaries (other than those within the towns) were not permitted closer than 10 miles to the towns" boundaries, except at courthouses and ferry landings. be a free "burgh," and,. when. Each town was to had grown to 30. it. families "besides ordinary keepers," "eight principal. inhabitants" were to be chosen by vote of the "freeholders and inhabitants of the town of twent\-one. years of age and. upwards, not being servants or. apprentices," to be called "benchers of the guild-. These eight "benchers" would govern the town for life or until removal, selecting a "director" from among themselves. When 60 families had hall.". "brethren assistants of the guild. to be elected similarly to serve as a. hall"'. common. were. council.. Each town was to have two market da\s a week and an annual five-day fair. The towns listed under the Act were virtually the same as before, but this. •im.. " Stafford County Order Book, 1689-1694, pp. 184, Vjl.. to. 1705 Stafford's port town, along wath those in. settled, I". Landing and Shipping of all goods be exported at & from the same will. (considering the present circumstances of the Country). In. survey to be. the plat had. to. be very injurious. the total of 13,800 pounds, compensate Malachi Pcalc for. the loss of his leasehold.. The order. the. Of. tobacco in addition.. 3450 were. proprietor. joyneing. " Hening,. op.. oil.. (footnole. 1), vol. 3, \>p.. 108-109.

time each was given an. anonymous town. for. IxDrough in honor of. otlicial. StafToid. iiainc, Ijciiii;. liiilicito. tlu-. callrd. Mail-. hero of thr rccrnt vitiui\. tlic. at Blenheim.'". The. Act's sponsors never. ilie. was realized in liie newly christened town, but there was in due course a slight resumption of actisity in George Mason and William Fitzhugh, Jr. (the it. son of William Fitzhugh of .Stafford County) were appointed feofTees in 1707, and a new survey was. more. Thomas Gregg. The. l)\. following year seven. were granted, and for an interval of two Marlborough functioned technically as an. lots. years. otlicial port.'". Inevitably, perhaps, histoiy repeated. In 1710. itself.. was rescinded. The reasons given in London were brief and straightforward; the Act, it was explained, was "designed to Encourage by great Priviledges the settling in Townships." These settlements would encourage manufactures, which, in turn, would promote "further Improvement of the said manufactures. And take them olT from the Planting of Tobacco, which would the Act for Ports, like. be. of. \'ery. its. predecessors,. consequence,". 111. colony's dependence on the. import. tobacco,. of. Clearly, the. nor would. it. and. lessening. Kingdom,. the. affecting the. prejudicing. shipping.'". did not want the towns to succeed,. tolerate anything. self-dependence.. colonial. dream. Crown. thus. of corporate. which might stimulate. The. X'irginia. communities was. colonists'. not. to. not. In the few places in. Rivers,. elaljoiatc vision ol. made. by economic or social necevsity. where they filled a need, notably the populous areas of the lower James and York. of assembly,. they. without. flouiished. sufliced to. make them. warrant them.. live. In sparsely. when. The towns were. '•. Ibid., pp. 40-t. artificial entities,. created by acts. (. pp. l:»7-l:JH.. " CaUndar pp. l:J7-l;18. ^*JHIi.. of Vii/^mia Slalf Poprri ami i^lhrt Manuuripts, 165^-. nn. 286.. Palmer. .M.U. (Richmond, 1875), vol.. 1747: 1748-1749. illy. pioduction. tobacco -tobacco. of. again. the. (Richmond,. l-KHt).. ESTABLISHING COURTHOUSES. The. administrati\e problems that contributed. to. the establishment of the port towns also called for the erection of courthouses.. had been authorized. for. .Xs. early as 11)24 lower courts. Charles. C'ity. and. Elizal)eth. City in recognition of the colony's expansion, and ten years later the colony had been divided into eight. monthly court established in each. By the Restoration the county courts [losscssed broadly expanded powers and were the administrative as well coimties, with a. tice. government.. In prac-. they were largely self-appointive and were respon-. most local oflices. Sim were the \ehicles of royal authority, it U the physical symbols of this authority should be r-m. emphasized by building proper housi .il .\t Jamestown oixlei-s were gi\en in a sible for filling. lieu of the alehouses and ordinaries where laws had been made prrviouslv.^ In the s;nne year, four conrthou.ses annually were ordered for the counties, the burgesses having been empowered to "make and Sign' w" any l>< that will undrrt.ike them to to gi\e good C'-aution for the efTecting thereof with good the suflicient bricks. Lime, and Timber, .i: same l)c well wrought and after they ai. to bee approved by an able surveyor, before order be given them for their pay." •' Such buildings were to. statehouse in. '. ;. I,. pp. 28^-. great. gamble by which one would always hope to ri.se and not to fall. When one could own an empire. \nIi\ should one worry about a town?. '. tl'i.. ""Petition of John Mercer" (I7'J8). (Ludwrll p.iprrs, \'irKiclunond, I8'J8), x-ol. 5, Rini.i llistoric.il Society), I7/.W. 1781. edit. \Villi.ini P.. conditions did not. was little to nurture a town. It w.i ... .ind perhaps more exciting, to grow tobacco and gamble on a successful crop, to go in debt when tliinys wrrr bad oi' lend to the less fortunate when things were In the latter case land became an acceptable better. medium for the payment of debts. Land was wealth and power, its enlargement the means of greater. be. ". ofiicial. s<-ttled .StafTi.. as the judicial sources of local. to ruin.". to. there. realized.. Most of the towns either died entirely or struggled on as crossroads villages. A meager few have survived to the present, notably Norfolk, Hampton. Yorktown, and Tappahannock. Marlborough lasted as a town until about 1720, but in about 1718 the courthouse and several dwellings were destroyed by fire and "A new Coui t House being built at anothei Place, all or most of the Houses that had been built in the said Town, were either burnt or suffered to go. regard. In other places, by contrast, no law or edict. status.. -. 1. li. sisii.. " J/m.. ii^>. Ifi.n. ,. til). i[. I. footnote. IH'tl'.. I. »p ir.

take the place of private dwellings and ordinaries the It. same way as did was no accident. that. houses. lor. legislation. in. Jamestown.. the statehouse at. ol. govern]iient coincided with that for establisliing port. Each. towns.. reflected the. need. for. administering the. far-flung reaches of the colony. and. order and respect for the crown. in. maintaining. for. remoic. j^iaces.. whose. moi-.il. Comity, which. Staffoid. Westmoreland hoiise. Happel. year of. a. Ijeen. earned. it,. to. had the. fastidious Fitzhugh's confidence, for certainly. Fate of Marlborough,. fioni. off. set. a coiut-. h'ing George Courthouses. Port. Entry,. of. Ralph and. gi\en. has. the. us. the. that. first. Potomac Creek. The. was situated south of. structure. when. 1690.. until. presumalily. it. any c\ent, began to meet on November 12, 1690, while on NoN'ember 14 one Sampson Darrcll was appointed chief imdertaker and Ambrose Bayley builder of a burned."". court, in. in a private hou.se. new. A contract was signed. courthouse.. and the. June. between them. justices of the court to finish the building. by. pounds of tobacco 169! and the remainder. 1692, at a cost of 40,000. 10,. and cash, half to be paid in upon completion."'' With William Fitzhngh the presiding magistrate of the Stafford County court as well as cosponsor of the Act for Ports, it was foreordained that the newcourthouse should be tied in with plans for the port town.. The Act. for Ports,. was not. making, and. it. house. after. until. its. however, was. 1691,. 10,. reflects,. in. him with personal. have been appointed the. in. po.sition. court,. in selecting. London. business in. Although several months elapsed before chosen, enough of the. October. in. a site. new building was. to shelter the court for. its. was. erected by. monthly assembly.. In the course of this session, there occurred a "most. mischievous and. dangerous Riot,"-" which rather. violently inaugurated the. disturbance,. new building. During this Potomac Parish, Parson. the pastor of. John Waugh,""^ upbraided the court while it was "seated" and took occasion to call Fitzhugh a Papist. The court, taking cognizance of "disorders, misrules and Riots" and "the Fatal consequences of such unhappy malignant and Tumultuous proceeding," thereupon restricted the. sale of liquor. on court days. (thus revealing. what was. disturbance).-*. Fitzhugh's letter to the court con-. at least accessory to the. cerning this episode mentions the "Court House" and. "Court house yard," adding. Happel's ample. to. possible to begin the court-. passage. in. the. spring.. On •^. it. general,. lack of respect for law. his. in the. W. that. not. In. all.. 1688.". the still. was "Ordered by this Court that Capt. George Mason and Mr. Blande the Surxeyor shall immediately goe and run over the groimd where the Town is to Stand and that they shall then advise and direct Samson Darrell the Cheife undertaker of the Court house for this County where he shall Erect and build the same."-' The court's order was followed by a hectic sequence. June. at. both architect and architecture for the courthouse, and Darrell seems to have met his requiremertts. Fitzhugh, in fact, had sufficient confidence in Darrell. a. detailed chronicle of the Stafford courthou.ses, sliow-. ing. their. he would. that. to entrust. and. in Stafford. widow, and refusing to gi\e freedom after they had name a few). Darrell undoubtedly. .servants. Fitzhugh would ha\e been instrumental. estaiilishment.. its. shorlconiings seem to have been legion. indentured. utidertaker. was provided with. 1664,. in. within. had. necessary to strengthen. it. begins with Samp.son Darrell himself.. It. (hog-stealing, cheating a. without. THE COURTHOUSE IN THE PORT TOWN FOR STAFFORD COUNTY. made. weaknesses which authority.. the. irresponsibilities,. and order, and the. the. frontier. op.. William Filz/mgh and His cit.. -«. Stafford. -'. Ibid., p. 182.. '-''. World (1676-1701),. Chesapeake. (footnote 3), p. 241.. County Order Book, 1689-1694.. p. 194.. In Virginia recurrent English fears of Catholic domination. were reflected Catholics of. at this. Roman. time in hysterical rumors that the. Maryland were. plotting to. stir. up. the Indians. In .Stafford County these suspicions were inflamed by the harangues of Parson John Waugh, minister of .Stafford Parish church and Chotank church. Waugh, who seems to have been a rabble rouser, appealed to the same small against Virginia.. and malcontents as those who, a generation had followed Nathaniel Bacon's leadership. So seriously did the authorities at Jamestown regard the disturbance landholders. earlier,. at. " Ralph. and King George Courthouses and the Fate of Marlborough, Port of Entry." ]'H\I Richmond, II.\ppel, "Stafford. (. l'l")8), '. vol. 66, pp.. 183-194.. SiafTord. County Order Book,. Ibid... 122.. I,. li>8<>-l(,')4. p.. 187.. Stafford courthouse. that. they sent three councillors to. &. Historical. Sec "Notes," William Mary College Quarterly Magazine (Richmond, 1907), 1st ser.. vol. 15, pp.. 189-190. (hereinafter. investigate.. designated. Beale Davis' introduction to peake World, op.. cit.. If.V/Q. (l|:. and. Rirh.irtI. William Fitzhugh and His Chesa-. (footnote 3), pp. 35-39,. and. p. 251..

(iiKuiiicniatiuii. tlic. ili;il. new. was by now. huildiiiR. in. c|,il)oiatc as to .1". Duriiit; tlu-. November. session,. James Musscn was wounded. ordrrcci into custody lor haviiii; "danijcrously. M'. Sampson. Darrell.". •'". sequence of disturbances. suc;gests. that. the. the town, synibohzed the purposes of I'itzliugli. and the property-owning. aristocracy.. THE STAFFORD COURTHOUSE. LOC.MIU.N or. The. location. of the. building. Certain. it. that Oarrell, pulilicly identilied with Fit/hugh,. notation on Buckner's plat of the port town: fourth course (runs). and that "a complaint was made Court that Sampson Darrcll the chief undertaker of the building and Erecting of a Court house for this county had not performed the same according to articles of agreement." He and Bayley accordingly were put under bond to finish the building by Juni' By February Ba\ley was complaining that 10, I6'J2. he had not been paid for his work, "notwithstanding your pet' as is well known to the whole County hath done all the carpenters work thereof and is ready to perform what is yet wanting." On May 12, less than violently assaulted. A. Creek.". "The. down. &. Geo: Andrew's. is. was. by a. indicated. is. associated. the unlinished state of the courtlioiise, which,. witli like. This. may have been. have cost more than 40,000 pfjunds. I.. I.. along by the Gutt between Court house to Hotoniack. the. glance at the plat. will disclose. 2). (fig.. that the longitudinal boundaries of all the lots south. of a. between George .Xndrews' "Gutt". line. run. to this. month from the deadline for completion, Darrcll was ordered to pay Bayley the money owing, and Bayley was instructed to go on with the work. Nearly six months later, on .November 10, Darrcll again was directed to pay Bayley the full balance of his wages, but only "after the said Ambrose Bayley shall have finished and C^ompleatly ended the C'ourt house." ^". parallel to this fourth course.. was. Plainly, the courthou.se. near the head of the gutt, where the. situated. westerly boundary course changed, near the end of. "The Broad significant. .Street. Town.". Across the. foundation. the. that. may be. It. (Structure. which John Mercer's mansion was. later. on. B) built. is. located in this \icinity. In or about the year 17IK the courthouse "burnt. Down,". while. '^^. was reported. it. ruinous" in 1720, with. its. as "being. become. ".Situation ver>' inconven-. a. No. description of the courthouse has been found.. The Act. of 1663 seems to have required a. ient for the greater part of the Inhabitants.". then agreed to build a. if it. its. wording. is. ambiguous.. It. was. the head. " Aquia Creek was probably must have been an error and the "head of Potomac Creek" intended instead. Happel shows CJcqua. of. Creek.". meant, but. that. it. this. was. built. on the south. side of. Potomac. C'reck.. Thus, the burning of the Marllx>rough courthouse in 1718 merely speeded up the forces that led to the. brick ciu!. building, although. new courthouse "at. (if tlir. tu\\ n's c'.iricr.. Even. did stipulate brick, the law was 28 years old in. and its requirements probably were ignored. Although Bayley, the builder, was a carpenter, this would not preclude the possibility that he supcr\iscd bricklayers and other artisans. Brick courthouses were not unknown: one was standing in Warwick when the Act for I'orts was pas.sed in Iti^.M. Vet, the York courthouse, built in 1692, was a simple building, probably of wood." In any ca.se, the .StafTord courthouse was a structure large enough to have rec|uired more than a vear and a half to build, but not so. .M.VRLbUROL Ull I'KUl'LKIY OW.NliRb. 1691,. .Not only. was Marlborough foredixmied by external. decrees and adverse failure. was. i-ooted. were the "gentlemen". pei-sonages in .Stafford,. purchases of. County Ordrr Book,. " Kkmno. op.. cit.. great nuijority of. who were. its. lot. holders. so carefully dis-. lots. Most were and we may as.sume ti:. were made. in the. have setded. Sampson. I68'»-It>'>t, p. |ti7.. '. interests of in-. in establishiiv. )nly three or four yeonjen .ind. to. Ibid., pp. \'H, 2h7.. of. tinguished from "all other of the Inhabitants" in the. <. .StiilTord. much. order to sunry the town in 1691.. vestment gains, not. » ". but. the local elements by which. The. was constituted.. it. otiicial decisions,. in. in the. '. town.. Darirll. for example, held i\su. lot-s,. but he. MX. (footnoir. 1), vol.. 3, p.. lit);. Edward M.. RiLEV. "The CkiloninI Courthoiisci of York County, VirRiiii.i," William li? .\tary Collfgf Quarlnh Hulorual Mafa.;inr (WilliniiiaburK. l'H2), 2nd srr.. vol. T2. pp. ii.ilcd ir.t/Q |2|).. i?'*'*. 40I. (. hcrrin.iftrr driii;Ml. ". Petition of John Mcrtrr. loc,. «». r.. '. cil.. (foMlnotr 17-. Ommtil •/ Ctlmi^ I'ufmM (Kkh-. ml It.

Aquia. lived at. who. planter. "The. at. Francis Hainnicrslcy was a. Crcck.'^^. married Giles Brent's widow and lived. Retirement,'". nephew. Geori^e Brent,. one of. law partner of William. estates.'*'^. was. and had been Xorthcrn Xeek in. Fitzhus^h,. appointed Receiver General of. tiu-. Robert also was a lot holder. Woodstock, and presumably they did. His. I()9t).. Brent. tiu-. of the oiiginal (iiles Brent,. l:)rother. Both li\ed at Otiier not maintain residences at the port town."' leading citizens were Robert Alexander, Samuel Hayward, and Martin Scarlett, but again there is little likelihood that they were ever residents of the town.. John W'augh,. uproarious. the. pastor. of. Potomac. was a lot holder, but he lived on the south side of Potomac Creek in a house whieii belonged to Mrs. .Anne Meese of London. His failure to pay for years' occupancy of it, which led that house after to a suit in which l-'itzhugh was the prosecutor, does Parish, also. 1. was an important figure, having been sheriff. He may well have lived on one of his three lots, since he was a resident of the Neck to begin with. John Withers, one of the first feoffees and a justice of the peace, was a lot holder also. George Andrews and Peter Beach, somewhat less distinguished, were perhaps the only full-time residents from among the 1708 Thomas Ballard and grantees. After first possibly William Barber were also householders. Thus, few of the ingredients of an active community were to be found at Marlborough, the skilled craftsmen or ship's chandlers or merchants who might have provided the vitality of commerce and trade not having at any time been present.. HOUSING. 1. not suggest that he ever arri\ed. building. ,it. n. house. It is likely that. formed feet.. in the port town.^". Captain George Mason was a distinguished inwho lived at "Accokeek," about a mile and. dividual a half. hom. town, for. Marlborough.. The. certainly built in the. he petitioned for a license to "keep. in 1691. an ordinary. He. Town. at the. or Port for this county.". was granted on condition that he "find a good and Sufficient maintenance and reception both for man and horse." Captain Mason was grandfather of George Mason of Gunston Hall, author of the Virginia Bill of Rights, and was, at one time or another, sheriff, lieutenant colonel and conunander in chief of the Stafford Rangers, and a petition. He. burgess. rising. participated in putting dcjwn the up-. of Nanticoke. captives for. March. at. trial. of that. town, however,. Indians the. year.^* it. is. in. bringing. 1692,. courthouse. unfinished. Despite his. interest. in. in in. to the. Another lot owner was Captain Malachi Peale, whose lease of the town land from the Brents had been purchased when the site was selected. lie also. in the. town con-. requirements of 20 by 20. They were probably. of wood, a story. all. and a. half high with a chimney built against one end.. Forman. describes a 20-foot-square house foundation. known as the "House on Isaac Watson's Land." This had a brick floor and a fireplace large enough to take an 8-foot log as well as a setting for a brew copper. The ground floor consisted of one room, and there was probably a loft overhead providing The original e.xtra sleeping and storage space.^^ Yorktown, built followthe Digges house at portion of ing the Port Act of 1705 and still standing, is a brick house, also 20 feet square and a story and a half high. In Yet, brick houses certainly were not the rule. town before the port County, shortly remote Stafford at Jamestown,. was. built, the houses of even well-placed indixiduals were sometimes extremely primitive. William Fitzhugh wrote in 1687 to his lawyer and merchant. llie. unlikely that he ever lived there.. most of the houses. minimum. friend Nicholas. Hayward. Joseph's. building. Chimney. or partition,. ship. about. carry'd. it. him. that. in. London, "Your brother. Shell,. &. of a. not one. house. tittle. of. without. workman-. more than a Tobacco house work,. into those .Arrears with yovu' self. &. his. other Employees, as you found by his Accots. at his. death.". " Stafford County Order Book, 1689-1694, p. 25\. ''John Mercer's Land Book, loc. cit. (footnote 12); William Fil^ugli and His Chesapeake World, op. '•. cit.. (footnote 3), p. 209.. "Stafford County Order Book, 1689-1694,. '*. World, op.. cit.. still. we know from. in. the contract for building a. prison. p.. 203; William. (footnote 3), pp. 2'. 211. Ibid.,. pp.. 'footnote 12); '•It.. ground, was. English puncheon-type conand posts set three feet into the u.se at Marlborough in 1691, as. Ibid., pp. 76, 95, 162, 367.. Filzhugh and His Chesapeake 2(»9,. Ancient. '"'. struction, with studs. 184, 230;. John Mercer's Land Book,. op.. cit.. William Fitzhugh and His ('hesapeake World, op.. 'footnote 3), p. 38.. Henry. Cii.\ndlee. Form.\n,. Jamestown. and. (Baltimore, 1938), pp. 13.i-137. *" William Filrjiugh and His Chesapeake World, op. 3), p. 203.. Si.. cit.. Ataiy's. (footnote.

1. quoted. .No. ll^ippcl.". l)\. doul)t. we may. varied in quahty, hut. tlic. houses. their. sure that most were. i)e. crude, inexpertly built, of frame or punchcon-typc construction,. and subject. to deterioration t)y. nn and. insects.. been a. homemade. trestle. An. tabic.. elegant touch. was the "carpet," which undoubtedly covered Chests of drawers were rare in the 7th century, 1. is. it. it.. so. surprising to find one desrrilK-d here as "old.". was probably a press or court cupix>ard and dishes and perhaps the pair of "Tankards" listed in the inventory. The latter may have been pewter or German stoneware with pewter mounts. The "couch" was a combination bed and settee. As in every house there were chest.s, but of what sort or quality we can onb "Clipboard. .•\. ". for the display of plates. ri'RNISIIlN'OS Liive. or. 1. wo. SI.VRLnOROLCiIl HOUSES. Cieorne .Mason, Cieorge .Andrews ran an ordiport town, haxiiig been licensed in. nary at. tiie. and he. also kept the ferry across. He. died. John in. in 1698, leavint; the. C;a\e.. tiie. From. Iti'JIi,. Potomac Creek. *•. property to his grandson. the inventory of his estate recorded. what constituted an with no doubt that as a. the port town, but also of. ordinary.". We. arc. left. Andrews' house left much to be desired. There were no bedsteads, although six small feather beds with bolsters and one old and small flock bed are listed. (Flock consisted of tufted and fragmentary pieces of wool and cotton, while "Bed" referred not to a bedframe or bedstead but to the tick or mattress.) There were two pairs of curtains and valances. In the 17th century a \alance was ".A border of drapery hanging around the canopy of a bed." " Curtains customarily were suspended from within the valance from bone or brass curtain rings on a rod or wire, and were drawn around the bed for privacy or warmth. Where high post bedsteads were used, the curtains and valances were supported on the rectangular frame of the canopy or tester. .Since George .Andrews did not list any bedsteads, it is possible that his curtains and valances were hung from bracketed frames aboN'c low wooden frames that held the bedding. .Six of his beds were covered with "rugs." one of which was "Turkey work."' There is no indication of sheets or other refinements for hostelry. sleeping.. Andrews' furniture was old, but apparently of good Four "old" cane chairs, which may have dated back as far as 16ti0, were probably English, quality.. of carved walnut. .1. The "old". may have had possibly may have. table. inined or a joined frame, or. A. "great trunk" provided storag<'. .Andrews' hospitalit>- as host. County records (Appendix A) we. StafToid. oi)tain a picture not only of the furnishings of a hou.se in. surmise.. lignum. iitae. punchbowl.. Punch. is. symlx)lized. itself. l)\. hi.'.. was something. and had first made its apf)earancc in England aboard ships arriving from India early in the IbUO's. It remained a sailor's drink throughout. of an innovation. most of the centuiy, but had begun to gain in general \Vhat is more. popularity before 1700 in the colonies.. remarkable here, however,. M.. is. the container.. Pinto states that such lignum. vitae. Eklward. "wassail" bowls. were sometimes large enough to hold five galloivs of punch and were kept in one place on the table, where all present took part in the mixing. They were latheturned and usually stood on pedestals.'^ George Andrews' nutmeg graters, silver spoons, and silver dram cup for tasting the spirits that were jxiured into the punch were all elegant accessories. Another resident whose estate was inventoried was Peter Beach." One of his executors was Daniel Beach, who was paid 300 pounds of tobacco annually from 1700 to 1703 for "sweeping" and "cleaning" the courthouse (Appendix B). Beach's furnishings were scarcely more elaborate than .Andrews'. L'nlike Andrews, he owned four bedstead.s. which with their curtaiiis and tittings (here called "furniture") varied in worth from l(K) to l,")00 pounds of tobacco. Here again was a cuplx>ard, while there were nine chairs with "flag" seats and "boarded" backs (rush-seated chairs,. probably of the "slat-back" or "ladder-back" Eight more chaii-s and five stools were not. variety).. described.. A. "parcel of old tables" was. listed,. only one table ap|>ears to have Ijeen in use.. but. There. were pewter and earthenware, but a relatively fov utensils. .An "old" pewter tankaixi wa* probably the most elegant drinking vessel, while one. cooking " Happei,, op. ci«. (footnolr 22), p. 186; CVdrr B<M.k. lt)«'l |i>'M. pp. 210 •.'II. .Si.ilTord County Ordrr Book, I(rf»'>-I6^, '•'. «*. St-ifTord Ckiunly Will. ** .i. Book, l-ibcr. .Wif Engluh Dullonar\ un. 1!»28), vol. 10, pt. 2, p. IK. .StafTord. County. p. la").. pp. lt>8 U>'t. /lulmitnl Ptirult:!f\ iflvfiilil. /... " KowARD Ihr '•. II.. I'isro.. Ages (lx}i)don, I'M't). .S«,,(Tord. Tim. p 20.. CV>unty Will Book.. or. Small. Uber. 1. Z. pp. I58-I5^>.. 13.

:. was a srudgiiig concession to the need lor The only books were two Bibles; light.. candlestick artificial. the. been noted. at. the. time.. Rude. houses placed. in-. formally and connected by lanes and footpaths, the. mentions a single indentured seixant.. list. the basis ol the Bucknei- sui\ey seems not to have. courthouse. attempting. to. dominate. village schoolmaster in a class of. THE GREGG SURVEY. them. like. a. country bumpkins,. a boat landing or two, some and a road leading away horn the. a few outbuildings,. county surveyor,. Thomas Gregg, made another. s\irvey. This was done apparently without regard. of the town. to. new. 1707, after the rexival of the I'oil Act, the. lii. Since Gregg adopted. Buckner's original sur\ey.. an entirely new system of nuinbeiing, and since sur\ey was locate in. by. an early date,. lost at. it. is. courthouse to the north with another running opposite. direction. Marlborough. to. granted. THE DEATH OF MARLBOROUGH Could. John Mercer wrote. It is certain that. 'I'homas (Jregg (being the .Surveyor. of Stafford County) did. Town. .... is. it. Sep. 2''. make. 1707. as certain. a. new Survey had no. that (iregg. regard either to the l)ouncls or numbers of the former. Survey since he begins his. number. Survey. as his. is. 1. Numbers. his. in the. way. its. impossible to. & tell. Numbeis. No scheme I ha\c answer, & the Records differ as much, the. streets. according. House. I. t(j. his. Buckner's Siuvcy running thro the. lived in built. by Ballard tho. ditched in according to the Boiuids. Whatever the. intent. formal street and tially. the reverse. corner at Buckner's 19. not to be found. how he continued tried will. his. If. whole. made by. may have been. lot plans,. a rustic village.. lot. was. Gregg.*". in laying out. Marlborough was. essen-. Gregg's plat ran streets. through the. positions of houses on the Buckncr and \'icc versa, it is clear that not nnuh attention was paid to theoretical property lines oi. sur\cy,. streets.. around. Ballard his lot,. apparently dug a boundary. according to Virginia practice. ditcli. in the. 17ih century, but the fact that this nmst have encroached on property assigned to somebody else on. "John. —. this. is. its. the. way. best days. in 1708.. AS A. TOWN. poor. ha\e survived had the was an imhapp)- contrast to the vision of a town governed by "benchers of the guild hall," bustling with mercantile activity, swarming on busy market days with ordinaries filled with this. \. illage. courthouse not learned?. making. creek. nuist ha\-e looked even in. in the. after.. Forty years later. of the. the. impcssible to. their description the sites of the lots. 1708 and. his. culti\'ated land,. Mcr<xr'.s. Land Hook,. loc. cit.. (footnote 12).. It. This fantasy may have pulsated briefly through the minds of a few. But, after the abrogation. people.. of the Port Act in 171U, there. was. little left. to justify. the town's existence other than the courthouse.. So. long as court kept, there was need for ordinaries and. and for independent jacks-of-all-trades like Andrews. But with neither courthouse nor port activity nor manufacture, the town became a paradox in an economy and society of planters. ferries. Remote and inaccessible, uninhabited by individuals whose skills could have given it N'igor, Marlborough no longer had any reason for being. It lingered on for a short time, but when John Mercer came to transform the abandoned \illage into a flourishing plantation, ''Most of the other Buildings were suffered to go to Ruin, so that in the year 1726, when your Petitioner [i.e., Mercer] went to live there, but one House twenty-feet square was standing." " Petition of John Mercer, loc.. cit.. (footnote 17)..

\. II. Mercer s. J. oil II. Ocriipiifioii. of Alcir/borough, 11lb- 17M) MERCER By. S. 1723. Mason. ARRIVAL IN STAFFORD COUNTY Marlboroueli lay al)aiicloncd. town, held the now-empty. together with Rice Hooc.. Hooc. Land. In that year. in a Bill to. [of the. keeper. of feoffee,. Mason and may. enable them to. the. sell. town] the same not being built. upon or Inhabited." "consideration," 1. title. petitioned the General Court "that Lea\e. be given to bring said. Gcortjo. (III), son of ilic lalo slicrifTand ordinary. in the port. Mercers remarkable career began with. The. petition. was put. aside for. May 21, Hooe & George. but within a week- on. 723 —it was '"oidered That Rice. Mason be at liberty to withdraw their petition and that the Committee to whom it was referred be discharged from proceeding thereon." ** .. This curious sec|uencc remains unexplained. the committee. informally advised. .. .. Had. the feofTees that. would be rejected, sucijestini;, therefore, that they withdiaw their petition.' ( )r had something unexpected occurred to provide an alternative solution to the problem of Marlborough? Possibly it was the latter, and the unexpected occurrence may have been the arrival in Stafford County of young John Mercer. There is no direct evidence ih.il Meicer was in the vicinity as early as 1723; but we know that he appeared before 1725, that he had by then Ijecome well .icquainted with Georue Mason, and that he .settled in Marlborough in 172t). their cause. and then sailed for the New World in 720.** Mercer arrived in N'irginia or what means he brought with him are lost to the record. From his own words written toward the end of his life we know that he was not overburdened witli wealth: 1. How. "Except. Richmond.. I')I2),. pp. tJb. 37t.. my. education. 1. never not a shilling of. any otlier relations i;ot has been by my ow as most people have in fathers or. estate, cverN- [x-nny. :. From. his. was engaged. down. in. along the way.. Where. his. much. I. my ever. fatigue. " first,. we. lost). miscellaneous tradin::. the rivers in his sloop. we do. with as. ii.. second ledger (the. years 1720-1724, having been. and. covering the learn that he. '. c. home was. ;. :ind <;ds. m. these early. would appear that he County le^ion for some time, judging from the fact that by 723 he had accumulated £322 4s. 5Sd. worth of tolwcco in .i. years. not know, but. had been active. in. it. the Stafford. 1. '" "Juuin.iU 111 ihr I7:i7-I7M." 17/U iK I. *'. /7/:?-/72S(. lb.. College,. (irat^f .\trt(fr I'af. romp, and. 7««.. his ariival. Born in Dublin in 1704, the son of a Church Street merchant of English descent also named John M' <\ of Grace Fenton Mercer, John was <> at Trinity age of. in \'irginia at the. rdil. I>y. I. rillilnirKh Prr«. I9.VI). p.. /m. 13.

Ic Rappahannock."George Mason before then, and probably Mason's uncles, John, David, and. at the falls of the. warehouse certainly. had. i. encountered. James Wausth, the sons of Parson John Waugh, all whom owned idle Marlborough properties. Mercer's friendship with the Masons was .sufKciently. of. well established by 1725 that on. he. married George's. June. 10 of that year. C'atherinc.. sister. This. mai-. most advantageous to an aspiring young man, was celebrated at Mrs. Ann Fitzhugh's in King George County with the Reverend Alexander Scott of riage,. Ovcrwharton Parish in Stafford County ofliciating.'*'' allied to an established family that was "old" by standards of the time and sponsored socially by a representative of the Fitzhughs, Mercer was admitted at the age of 21 to Virginia's growing aristocracy. In this animated and energetic youth, the Masons and Waughs probably saw the means of bringing Marlborough back to life. Mercer, for his part, no doubt recognized the advantages that Marlborough offered, with its sheltered harbor and landing, its fertile, flat fields, and airy situation. That it could. Thus,. be acquired piecemeal at a. minimum. through the provisions of the. of investment. .Act for. Ports. was an. added inducement.. —. 3. FoRXRArr or John Mercer, artist unknown. ,\bout 75 ). {Courtesy of Mrs. Thomas. Figure. 1. JOHN MERCER. AS A. TRADER. B. Payne.). During 1725 Mercer pressed ahead with enterprises.. From. his ledger. we. his trading. learn that he. .sold. Richard Ambler of Yorktown 710 pounds of "raw Deerskins" for £35 10s. and bought £200 worth of "sundry goods" from him. Between October 1725 and February 1726 he sold a variety of furnishings. and equipment to Richard Johnson, ranging from a "horsewhip" and a "silk Rugg" to "'/. doz. Shoemaker's knives" and an "Ivory Comb." In return he received two hogsheads of tobacco, "a Gallon of syder Laceground," and raw and dressed deerskins.. "John. Mercer's Ledger B. tion for this chapter.. The. It. is. the principal source of informa-. was begun. in 1725. and ended. in 1732.. copy is in the library of the Bucks County Historical Society, Doylestown, Pennsylvania, a photostatic copy being in the Virginia State Library. Further footnoted referoriginal. ences to the ledger are omitted, since the source in each case is. He. maintained a similar long account with Mosley. Battaley. (Battaille). (Appendi.x. C).. From William. Rogers of Yorktown''^ he bought £12 of earthenware, presumably for resale.. 3s.. 6d.. worth. The tobacco. which he had accumulated at the falls of the Rappahannock he sold for cash to the Gloucester firm of Whiting & Montague, paying Peter Kemp two pounds "for the extiaordinary trouble of y'' coming up so far for it." His sloop was the principal means by which Mercer conducted his business. Occasionally he rented it for hire, once sharing the proceeds of a load of oystershells with George Mason and one Edgeley, who had sailed the sloop to obtain the shells. Only one item shows that Mercer extended his mercantile activities to slaves: on Februarv 18, 1720, he sold a mulatto. recognizable.. "James Mercer Garnet, "James Mercer," IVMCl t'l (Richmond, 1009), vol. 17, pp. 8.i-'JH. Mm. Ann Fitzhugh w.ts the widosv of William Fitzhugh IIL who died in 1713/14. She was the daughter of Richard I,ee and lived at "Eagle's N' '." in King George County Csee "The Fitzhugh Family,". William Rogers, who died in 1739. made earthenware and stoneware at Yorktown after 1711. See C. Malcolm Watkins and Ivor NoicL Hume, "The 'Poor Potter' of Yorktown". V. Washington: Smithsonian. KM. T'tirhmond, 190t)l. vol.. 7,. pp.. ',17-318).. ''*. (paper 54 in Contributions from the .Museum of History and TechU.S. National Museum Bulletin 249, by various authors;. nology,. Institution), 1967..

woman named paid. in lu-av. Saiah. I'liilcmon C!avanaiit;li "to. ti). y tobacco each. That Mercer was turning career. is. revealed in. Expenses". for the fall of. 1. 3(((J. l)c. Neat.". in the direction of a legal. account of "Domestick. fiist. liis. weigh. lilid to. 72'). (Appendix. I)).. We. lind. was attending court sessions far and wide: "C^ash for Exp' at Stafford & Spotsylvania," "Cash for Exp' Irhanna," the same for "Court Ferrage He already was reading in the law, and at Keys." lent "March's Actions of Slander." "W'ashington's Al)ridt;in' of y'' Statutes," and "an Exposition of the Law Terms" to Mosley Battaley. that he. SETTING UP HOUSEKEEPING Mercer's domestic-expense account is full of evidence that he was preparing to set up housekeeping. He bought "I China punch bowl," 10s.; "6 glasses," "1. 3s.;. bo.\. Iron. &. heaters,". 2s.. 6d.;. "1. p''. fine. blankets," Is. 13d.; "Earthenware," Os.; "5 Candlesticks," 17s. 6d.; "I Bed Cord," 2s.; "3 maple knives I. &. forks," 2s.; "I. [steelyards?]," 2s.. 6d.;. yew. Is.. haft knife. "1. p''. knife. &. lU'.jd.:. and "1 speckled. &. fork. &. 1. p^ Stilds. Salisbury Scissors," fork," 5d.. In addition, he accepted as payment for various cloth. and materials. sold to. Mrs. Elizabeth Russell the. following furniture and furnishings:.



Figxiic. 4—TnK NKir.iiBORHOOD OF. of ihc dcsici. map '. JOHN Mfhcer. Driail from by j.»c,.h \xs and Pn-. of \ ir^inia '' Vt .•l-l--" ". (.<l,<^(ll.,I,f'-. |.. Dalnni|>lc» revision. Marlborough U. (I75.ii. inrorrrr.lN. rf,.). 19.

The new house was. thus brought to completion. That it was a plain and simple house apparent from the small amount of labor and the. court sessions continued, as in the previous century,. be social as well as legal and political occasions.. early in 1731.. to. is. This. relatively. few quantities of material.. appears to. It. had two fireplaces only and one chinmey. Although the house was wooden, there is no e\idence that it had any paint whatsocser. inside or out. ha\e. FURNISHING THE HOUSE Other than a 10 shillings, little. child's chair. and a bedstead costing. purchased from Enoch Innes. furniture was acquired before 1730.. Expenses". "Domestick. new. accessories for the. in. 1729,. Listed in. 1729-1730. are. minor. house, such as. HL. hinges,. for. "scimmer," a pair of brass candlesticks, pestle and mortar, '•> doz plates,"' a. closet locks, a. milk. pans,. "Cullender,". candlebox,. a. earthenware,. and. a. pepperbox, together with sexeral hand tools.. MERCERS VARIED. AND. .ACTIVITIES. Attorney's. Enoch. The. aspects. agricultural. was paid. for "helping to. of. plantation. a. were. kill. the Hogs," "pasturage. my cattle," and "making a gate." Edward Floyd was credited with £4 6s. 7'2d. for "Wintering Cattle, of. my. taking care of. John Chinn seems. 1729 he was entering the races which. as early as. abounded. & .Sheep to Aug. 1729." have been Mercer's jockey, for. horse to. in Virginia,. and "went on. y"". of a typical. find considerable evidence. young Virginian's fondness. for. gaming. sport. One finds scattered through Mercer's account with Robert .Spotswood such items as "To. and. won Col". at the. Race. Mason's. 18th-century. .. .. .. .. .. game. .. 8.9" and. 7.3.". "To won. (Loo. played. was. with. mother-of-pearl. counters.). several sporting. events at .Stafford. .. .. race at. £1.";. you. with. .. .. .. on. Stafford. the. "To won. account:. That. education.. time. 1/3";. Court and. debit at. and. in. the\'. included. side. of. (luoits. &. Thomas. no lawbooks. when Mercer was preparing. an indication of. for the. his Jjroad taste for literature. law and. learning.. Marlborough, we can. see, was occupied bv a \oung and creativity. He alone, of the many men who had envisioned a center of enterprise on Potomac Neck, was possessed of the drive and the simple directness to make it succeed. For George Mason and the \Vaughs, Mercer was the. man. ideal. ''-'. we. .. of talent, energy,. solution. for. their. Marlborousfh. difficulties.. race w"' C^olt. 1729.". In this early period. fee. a credit to Joseph W'augh:. "Present State of Russia,"" they were the basis for a at a. In 1729 Rawlcigh Chinn. horse. a. Hudson's account, where four shillings were marked up "To won pitching at Stafford Court." Mercer's diversions were few enough, nevertheless, and it is apparent that he devoted more time to reading than to gaming. In 1726 he borrowed from John Graham (or Graeme) a library of 56 volumes belonging to the "Hon ''" Col" Spotswood" 59 (Appendix E). Ranging from the Greek classics to English history, and including Milton, Congreve, Dryden, Cole's Dictionary, "Williams' Mathematical Works,"" and. is. increasingly in evidence.. at. Innes's. running. solid. INTERESTS. in. illustrated. is. "By won. at. an. Liew. at. elegant. Chinese-carved. Mercer participated courthouse,. in for. Clol.. .\k-.\ander. Spotswood, Governor of Virginia and a was at this time living in. resident of Spotsylvania County,. London. He authorized John Graham (or Graeme) of St. James, Clcrkenwell, Middlesex, to "take possession of his iron works in Virginia, with plantations, negroes, stocks, and manage the same." By 1732 Spotswood regretted that he had "committed his affairs to the care of a mathematician, whose thoughts were always among the stars." In 1737 Graham became professor of natural philosophy and mathematics in the College of William and Mary. See "Historical & Genealogical Notes," ir.l/(2 [1] (Richmond, 1909), vol. 17, p. 301 (quoting. B.'kssET,. Writings of li'tlliam Byrtl. p. 378)..

JII. Mercer s. Coiiso/idiifioii. MERCER THE YOUNG LAWYER The. DIFFICULTIES IN ACQUIRING. opened a golden age in the \ irginia There was an interval of peace in which trade might flourish there were new laws which favored the tobacco planter and led to the building ;. mansions. resplendent. along. John Mercer wasted no time tunities that lay lie. On. 1730"s. colony.. of. made law. his. in. \'irginia"s. shores.. grasping the oppor-. With shrewd foresight major objective, thus raising him-. about him.. most of his contemporaries. At the same time he began an extensive purchasing of property, so that within a decade he was to become one of the major landed proprietors in the colony. Planting and each augmented the other in Mercer's which was assured by a classic combination of energy, ability, and outgoing personality. As with many succes-sful men, Mercer had an eye for meticulous detail; the documents he left behind were lenal practice. prosperity,. a treasury of methodically kept records.. His Ledger B reveals that as early as 1730 career was becoming firmly established. accounts,. bonds,. It. charges for drawing deeds,. and representing. clients. In that \ear he sub.scrii)ed. to. in. \\\-,. i'i;.ii. records writing. various courts.. Laws. of \ irginia". through William Parks, the Williainsl)urg printer and. and began to build up a .substantial law library, which was augn\ented by the purchase of Ml lawlxraks from Robert Beverley.. October. basis. of. the. possessions." lots originally. months lots. 13,. Waugh. David. MARLBOROUGH. 1730, .Mercer obtained. to the Ballard. "Statute. for. house and. transforming. from on the. title. lots. uses. into. At the same time he acquired the three granted to John Waugh, while nine. he was given the release of the three inherited by George Ma.son from his father."" later. Mercer's foothold in Marlborough was. now. secure.. Following these developments, he "employed the. self alxjve. fee. 1730 - 17M). Miir/horoiigli^. of. County .Sur\eyor to lay ofT the •several Lots he had purchased." which led to the disco\er>- of the previously mentioned disparities and coiiflicts between the Buckner survey of l(>9l and the mi.ssinc Gregg sur\Ty of 707. For some rea.son the town now lacked feoffees, so Mercer "applied to the County C«urt of .Stafford on the tenth day of June one thousand seven hundred and thin-one and the s.iid C^ourt then .ippointed Henn,' Fit/hugh F-squire and Jamn Markham Gent. Feofees of the said Town." Merrrr stated that he "projxjsed making gre.ii Improvements and wanted to take up several other Lots I. .. to. .. .. build on.". The. court thereupon ordered. .Savage, the county surveyor, to m.ike a. new. John. .viir\ey,. "having regard to the Buildings and Impro>en»ents. >tationer.. 'John Mrrcrr'*. I..and. Bosk.. lor. rit. (fcHiln-jlr. I.'. 21.