By Teresa Martin
Klaiber October 2022
I
have written about George Marshall
(1768-1827) and wife Nancy Ann Rossell several times in previous blog
posts.
http://easternkentuckygenealogy.blogspot.com/search?q=marshall
http://easternkentuckygenealogy.blogspot.com/search?q=happy+trails
George
migrated from Orange County, Virginia, to Scott County, Kentucky, moving yet
again, he died 26 September 1827 in Caldwell County, Kentucky. Sadly, many researchers, from various branches
of this family, confuse two George
Marshalls because of published accounts of a
George related to Chief Justice John Marshall. After all, many of our Marshall
branch were told as we grew up “you are
related to Chief Justice John Marshall”. It is true the George Marshall of
Henry County, Kentucky (wife Naomi), is indeed related to the Chief Justice. He
died in Henry County, Kentucky and is NOT
the same George Marshall that dies in Caldwell County.
This
compiler’s journey started out with my grandfather’s little black book of
recorded family information, which lead me down the rabbit hole, without
success, to a direct link to the Chief Justice.
As I became more proficient in using court documentation, and great assistance
from fellow researcher, Debbie Vaughn,
records proved that our George is the son of Merryman Marshall and wife
Margaret ”Peggy” Farguson.
Merryman
was a grandson of William and Sarah Merryman Marshall whose records lead from
Old Rappahannock to Richmond and then to King George County. Both Marshall
lines may indeed have a much earlier relationship, yet to be discovered.
The
half-truth surfaced as I traced Peggy Farguson Marshall’s family. She is cited as a daughter in Joshua
Farguson’s will, King George County, Virginia (wbk 1 p 172).
A
county court order in Westmoreland County, Virginia, British America, shed
light on the family relationship of Joshua Farguson his wife, Ann and the clue
to another family relationship with the Marshall’s.
Westmoreland County
Court Order 1 October 1719 (p 64). A judgment was granted Joshua Farguson and
Ann his wife, daughter of Lewis Markham,
against William Seale who intermarried with Elizabeth the relict and executor
of Lewis Markham for the sum of 88
pounds 10 shillings.
Thus
George Marshall who dies in Caldwell County, is a second cousin of Chief Justice
John Marshall through the Justice’s maternal grandmother, Elizabeth Markham
Marshall, on his father’s side of the tree with the mutual ancestor being Lewis
Markham.
Lewis
Markham, great, great, grandfather of George Marshall leads us to the next
flowery family story that has been passed down through the lines of Chief
Justice John Marshall. Marshall’s
grandmother is Elizabeth Markham who
married Capt. John “of the Forest” Marshall.
The best known publication on this line is The Marshall Family by W. M. Paxton. But many other publications carry variants of
the story, which I encourage my readers to review. They state that Elizabeth Markham Marshall
was the daughter of John Markham who was a privateer that stepped over the
bounds to piracy and thus she ends up living with her uncle, Lewis
Markham. Some of the stories even tie
him to Blackbeard. Hearty, colorful,
pirate stories.
The
latest of these publications is John
Markham: The Origin of Virginia’s Pirate
by Kathleen Shelby Boyett. While she can
cite court records for Lewis Markham, her only argument that there even was
John the Pirate is that he was supposedly from Alexandria, Virginia. She also
tells readers to make up their own mind about the stories. I tend to refute the
story that Lewis Markham is Elizabeth’s uncle, instead I believe, at this point
in my research, that Lewis Markham is her father.
Alexandria
fell within old Rappahannock, later Stafford County during the timeframe of
this discussion. There is a John Marcume mentioned in a deed in Old
Rappahannock twenty years prior to the birth of Elizabeth Markham. (Rapp. Dbk 7
p 317). Robert Ruddiford to James
Holloway 100 acres being the remainder of 50 acres sold John Marcume 8 Jan
1686. As a point of interest Peggy Farguson
Marshall’s grandfather, John Farguson, was also from Old Rappahannock. It is easy to see why, even today researchers
are muddled.
None
of the many materials, both published (including Boyett) and original court
documents, I have reviewed cite any blaring court records for Elizabeth. But
there is early court reference. Born circa 1704, Elizabeth is a child when
Lewis Markham died. And thus far is the
only child of Lewis Markham that I have located a guardianship for. I am not
sure why writers have overlooked these cites except they bounce around various
county courts, making it harder to follow. The first court order is in Richmond
County. On 7 December 1720, Elizabeth
now 16 and old enough to request who she wishes came into court and prayed that
John Farguson become her guardian. (Richmond
Order bk 8 p 212) John Farguson is her sister Ann Markham Farguson’s brother-in-law.
On
6 October 1721, we find the next record in the Court Orders in King George County. Upon
the Petition of John Farguson. Guardian to ELIZABETH MARKHAM,
Spinster, against JAMES MARKHAM setting forth that the said JAMES, her
Brother, has all or the major part of her Estate in his Custody and
possession: Whereupon it is considered by the Court and accordingly ordered
that William Strother Gent., Thomas Turner, Benjamin Strother and Walter
Anderson or any three of them separate and set apart all such goods chattels
rights and Credits as belongs to the said Elizabeth Markham and make report
thereof to the next Court.
By the following year, Elizabeth has married, 5 January 1722, Capt. John Marshall. So let me stop here and explain that Virginia
was under English Rule. Blackstone’s Commentaries on the Laws of England state that a guardian is placed only if the minor
is entitled to an estate in lands. Lewis
Markham left lands but when he wrote his will in Westmoreland County 14 March
1712 he only cites son William by name and wife Elizabeth. He simply says that “his children” are to
have their due parts of the estate.
(Westmoreland Wills p 176/7) If
Elizabeth were a niece, I believe she would have been singled out for a portion
not included as “his children.” Thus
this compiler strongly believes that Elizabeth is the younger sister of Ann,
William and James Markham (identified issues of Lewis).
Brother James Markham was brought into court 8 February 1723/4
giving a deposition in the violent stabbing of John Farguson with a pen knife.
(King George Order bk p 157 extracted by Sparacio 1992.) He is cited in a deed
7 Sep. 1726 between Anthony Seale and Thomas Turner…That William Seale late of
Richmond Co was seized with a tract of 200 acres …Anthony Seale being the
younger heir at law of William and Anthony agreed to sell his right of
inheritance with James Markham posting the bond (King George book 1 p 382).
Elizabeth widow of Lewis Markham had remarried to William Seale.
A record that needs further study is dated, earlier, 4 May 1720,
in Richmond County (dbk 7 p 516) when James Markham, William Strother Jr. and
Jno. Farguson of Richmond were bound in the sum of 200 pounds. The obligation
was the administration of Margaret Markham deceased. This is the same year Elizabeth requests John
Farguson as her guardian. Is Margaret an
unmarried sister as suggested by Early
Colonial Setters of Southern Maryland and Virginia’s Northern Neck Counties?
https://www.colonial-settlers-md-va.us/getperson.php?personID=I139336&tree=Tree1&sitever=standard ?
Read the wonderful tales of swash
buckling John Markham and know that Lewis Markham was almost as colorful as any
pirate. Continue to research for half-truths lay somewhere within the
stories.
When reviewing publications and
on-line material I find that most researchers do not take a deep look into the
records. Yes, many cite extracts from other publications. It is always important to follow up by reading
the original documents. Lewis Markham (wife Elizabeth) was the son of Lewis
Markham born about 1636 (wife Jane). And
there is where the real story begins. Little
threads of words within court records change how we look at a person.
Lewis Markham, was an indentured
servant from St. Fagans, Glamoganshire.
He sailed December 1658 to Barbados with his agent being William
Hayman. Once he worked off the payment
and sundry items owed Hayman, in those four years, he sailed on to Westmoreland
County, British America.
http://www.virtualjamestown.org/indentures/search_indentures.cgi?start_page=133&search_type=basic&db=bristol_ind&servant_ln=%
Eleven
years later he has an agreement with John Washington. For more about the people
and this agreement I recommend reading
Chapters In the History of Popes creek Plantation compiled for the Historic
Preservation of the National Park System.
By November 1676 Markham has sponsored at least six indentured servants
coming to British America, at least one, Ann Davis, is a female.
The
elder Lewis Markham appears to be well trusted, on both sides of the pond,
becoming power of attorney for several Bristol Merchants. He is executor of
several wills yet no record of his death has been found. The only substantial way to separate the elder
from the younger is when the younger is appointed Sheriff in his thirty’s. The elder would not have acted in that
capacity in 1700 being in his 70’s.
Publications
tout the younger Lewis, father of Ann and Elizabeth, as being sheriff and
Justice. They cite the land grants
he received but neglect to tell you that they are obtained after he knows that
a deceased person has left no will nor heirs to get said grants. Markham, involved with county affairs would be
one of the first to know when a person has died. The word escheat appears in
the documents meaning the reversion of the property to the state because the
original grantor has died without issue. A very clever way to
gain property. Two such examples from his chronology are: The
death of Thomas Carter (Northern Neck Grant fhl 008358039, image 672 page 199),
and another grant when George Thorne dies (Bk 3 p 193, image 666).
Remarkably
he or his father sponsored at least 24 indentured servants coming to this
country. All are listed in the Westmoreland
Court Orders in September 1702 when Markham lists them by name as imported by
him and that from this day forward will not be responsible for their claims
(Westmoreland, Order fhl 0078988 image 356). Of the twenty-four on the list
four are females. This record may well be that of the elder Lewis Markham, for
at least one of the names on the list also appears on the 1676 entry.
This
blog does not list all the citations I have reviewed for Lewis Markham (younger
& elder) as they have been repeated many times and can be located with good
research techniques. The same cannot be said for a pirate John
Markham of the correct age, as being the actual father of Elizabeth. But like Boyett, I will leave that up to you
to determine after reading the stories.
I
leave researchers with one last comment.
In Lewis Markham’s will (the younger Lewis Markham) Markham also left a
mourning ring to Joseph and Ann Bayley. A mourning ring often bore the name and
date of death of a person and most of the time was made from black jet. Thus leading one to understand the deep
sentiment they had for each other. Both Lawrence and John Washington,
associated with Markham, also left
mourning rings to various persons. The Bailey-Britton History and Genealogy
written by Thomas H. Bailey 1962 page 95 states that Joseph Bayley and Ann were
the parents of Lewis’ wife Elizabeth. Joseph
Bayly does not cite his children in his will when he dies c. 1717. But this is the only author/researcher that I
have seen that actually looked at why Markham left such an item to the
Bayley’s.
Never
pass up a family story as total myth.
But do question the words. Enjoy the journey.
tk
