Retracing Our Family Legacy A Collateral Line of Descent Descendants of John Hardy, 2nd "Col." Generation
No. 1 1. JOHN5 HARDY, 2ND
"COL." (*JOHN4, *RICHARD3, *MICHAEL2 DE HARDY, OF WETWANG "SIR."BL", *JOHN1) was born
1637 in Bedfordshire, England, and died Bef. June 09, 1677 in Isle of Wight
County, Virginia. He married (1) ALICE TUCKER. He married (2) ALICE BENNETT, "THE WIDOW JOHNSON" 1657 in Isle of Wight County, Virginia, daughter of THOMAS BENNETT and ALICE PIERCE. She was born Bet. 1615 - 1632 in
Bedfordshire, England, and died 1675 in Isle of Wight County, Virginia. Notes for JOHN HARDY, 2ND "COL.": *11. Capt. John Hardy, born in England about 1637, Will probated 1677,
came before 1654 to Virginia with his brother George Hardy. He was a member of
the House of Burgresses in 1668, and a Justice of the CountyCourt about 1675.
He married Alice Bennett, the widow Johnson, daughter of Thomas Bennett and
Alice, widow Pierce. Thomas Bennett was born in Wivelscombe, co. Somerset,
England, and died in Virginia after 1632 having come on the Neptune in 1618, a
member of the House of Burgesses from Mulberry Island in 1632. John Hardy and
Alice Bennett had, beside Lucy, No. 9 below), a daughter Olive, No. *10 next
below. *Source: Magna Charta by
John S. Wurts, 1954, Brookfield Publishing Company pages 2133 ********************************* John Hardy’s will was dated
7 Oct 167_, and probated 9 June 1677. In this will he named his wife, Alice,
his daughters, Olivia Driver, Lucy Council and Deborah; his grandchildren,
Hardy Driver and others; alos his sons-in-law Giles Driver, Hodges Council,
Robert Burnett and William Mayo. He was a prominient citizen and churchman. *Source: Hardy and Hardie Past and Present, H. Claude
Hardy and Rev. Edwin Noah Hardy, The Syracuse Typesetting Co., Syracuse, NY
1935, pp.236-237 ********************************* Will of John Hardy, of the
lower parish, in the Isle of Wright co., in Va.: Dau. Olive Driver, wife of
Giles Driver, dau. Lucy Council, wife of Hodges Councill, dau. Deborah Hardy;
gr. child Hardy Driver, dau of Giles D., Olive Driver's two children, Lucy
Councill's 3 children, wife's grand child John Johnson; wife Alice Hardy,
son-in-law Robert Burnett; to William Mayo all my silver clasps to breeches and
shirt. Dated 7 Oct., 167--; pr. 9 June,
1677. Source: Virginia Vital Records #1, 1600s-1800s,
Virginia Will Records, Will Abstracts from the Isle of Wright County, Family tree Maker, Broderbund Software,
Inc., Blue Banner Division, October 24, 1998 (See Scrapebook section for
a copy of abstract) ********** WILL OF JOHN HARDY In the name of God Amen, I
John Hardy of the Lower Parish in Isle of Wight Co, VA, being sick in body but
of perfect memory, praised be Almighty God for the same, do make this my last
will and testament in manner and form following: Imprimis. I do hereby comit
my soul to my God and Savior Jesus Christ through whose merritts I hope to
obtain eternal salvation, and my body to be buried in a decent manner.
Secondly. I give and bequeath my dau. Olive Driver the wife of Giles Driver, a
parcell of land in the woods, being a part of a divident lying on the Northwest
side of the swamp by the house Eastward to the Procoson running up the side of
the Said swamp and running Westerly up along by a branch on the other side of
the house to another little branch called the Miory Branch and so extending to
the bounds of Matton Comlin's Market, and Wm. West on the other side, being a
part of a divident of land I took up by pattent which said parcel of land I do
hereby freely give unto her and such heirs as she shall be leased to give it
to, lawrully begotten of her body and their heirs forever. Item. I give and bequeath
to my dau. Lucy Councill the wife of Hodges Councill one parcell or tract of
land on the Southeast of the said Branch or swamp that the former land is
joyned unto, extending in its full bounds to the line of William West's and so
running up the Pocoson to the said parcel of land. I do freely give and
bequeath to her and to any of her heirs lawfully begotten of her body and to
their heirs forever. Item. I give my dau. Debora
Hardy one parcell of land lying and being about the bouse, beginning at the
swamp formerly spoken of and running down the swamp to William West's line and
so along the said line till it comes to Matton Comlin's Cross and so along the
said Comlin's line till it meets the land of my said daughter Olive Driver,
which said parcel of land with the houses and edifices thereon now standing. I
do freely give and bequeath unto her and either of her heirs lawfully begottne
of her body and their heirs forever. But in case my said dau. Deborah Hardy
should happen to dye without any issue lawfully begotten of her body that then
my will is and I do freely give the said tract of land with the houses and
edifices aforesaid unto my grandchild Hardy Driver the daughter of Giles Driver
and to either of her heirs forever. Item. My will is and I do
hereby ordain and bequeath all the Pocoson that belongs to the devident to be
equally divided for the said tracts to find them timber for the furnishing the
several plantations thereupon, as occasion shall require, forever. Item. I give to my son in
law Giles Driver one draft brinded (?) ox called Swan. Item. I give my son in law
Hodges Councill a serge suit of my wearing apparall and my Back Sword. Item. I give my
grandchildren, that is to say my daughter Olive Driver's two children, each of
then one ewe apiece, with their increase, and to the three children of my dau.
Lucy Councill each of them a ewe apiece with their increase to be delivered
unto them presently after my decease. I give and bequeath unto my wife's
grandchilde John Johnson one cow to be delivered unto him when he comes of the
age of seventeen. I give and bequeath unto my well beloved loving wife Alice
Hardy, my debts and funeral expenses being first paid and satisfied, all the
rest of my worlkly estate of what nature, quality, condition whatsoever, during
her life to be at her disposing, and after her decease to be equally divided
between my aforesaid three daughters and whom they think fit of their heirs,
making her my whole and sole executrix of this my last will and testament. Item. I do give and
bequeath myto my son in law Robert Burnet my rapidr (?) and bolt, and unto Wm.
Mayo all my silver clasps to my breeches and shirt, whom I shall request to see
this my last will and testament performed. In witness whereof I have hereto set
my hand and seal this 7th day of October 1676. (signed) John Hardy, Seal Witnesses: Richard
Rennolds, Will Jenkins Proved by Mr. Rennolds in
Court June 9, 1677 Teste: John Bromfield, Clk
Ct *Source: Isle of Wight Co, VA, WB 2, p146 Note: I'd also like to
suggest a reading for some of the questionable terms in the text of the will.
For example, the "draft brinded (?) ox called Swan" that John leaves
to Hodges COUNCIL is probably "brindel" or brindled - tawny gray with
darker spots and stripes. The "rapidr (?)" he leaves to Robert
BURNETT is probably his "rapier" or sword, and the "bolt"
may be a small, hand-held crossbow, although it could also be something like a
cudgel or slapjack -- a club =shaped= like a short arrow or crossbow
projectile. Paul B Phelps, Alexandria,VA
Pauls web address for a discussion on this era of the Hardy Lineage
is http://www.geocities.com/Heartland/Acres/7241/john.html ********************************* On February 10, 1706/07,
John Johnson, John Davis, and John Bidgood appraised the personal estate of
Nicholas Miller.10 On the same date, presumably, John Johnson brought in and
had recorded the undated inventory of John Hardy,11 who had died about thirty
years earlier. *Source: *Source:
The Johnsons and Johnstons of Corrowauch in Isle of Wright County,
Virginia. Author: Eddis Johnson and
Hugh Buckner Johnston, Call Number:
CS71.J7 pp.48 More About JOHN HARDY, 2ND "COL.": Comment 1: 1668, Member of
the house of Burgess Comment 2: 1675, Justice of
the County Court Immigration: Bef. 1654,
From England to Virginia Notes for ALICE TUCKER: Sometime after Arthur
Allen's death intestate in 1670, his widow Alice married secondly John Hardy (a
widower with three children) who, in his will dated October 7, 1675, and
probated in Isle of Wight County on June 9, 1677, bequeathed; (1) to daughter
Olive Driver, wife of Giles Driver; (2) daughter Lucy Councill, wife of Hodges
Councill; (3) daughter Debora Hardy; (4) daughter Olive Driver's two children;
(5) daughter Lucy Councill's three children; (6) "to my wife's grandchild
John Johnson one cow when he comes to the age of Seventeen years"; (7) son-in-law
Robert Burnett; (8) William Mayo; and (9) wife Alice, executrix. Witnesses:
Richard Renalds and Will Jenkins.5 According to Hardy's will,
Alice's grandson John Johnson would have been born after October 7, 1658, and
is believed to have been the first-born child of Robert and Katherine Johnson,
and therefore born about 1663. On May 11, 1681, in Isle of
Wight County, John Johnson and Hodges Council witnessed an instrument whereby
Alice A. Hardy appointed her son-in-law William May[o] as her attorney.6 He was
the brother-in-law of Hodges Council, husband of Lucy Hardy. Alice's grandson John
Johnson was evidently the same who died testate in Isle of Wight County in
1707,7 predeceased by his first wife Mary (???), and survived by his second
wife Mary Thompson (relict of James Day)8 and four children by his first wife. *Source: THE JOHNSONS AND JOHNSTONS OF CORROWAUGH IN
ISLE OF WIGHT COUNTY, VIRGINIA, VOLUME
I, ROBERT JOHNSON, PLANTER HIS ANCESTRY
AND DESCENDANTS, 1616 - 1979, By
EDDIS JOHNSON and HUGH BUCKNER JOHNSTON Eddis Johnson, Publisher,
840 East Columbus Street,
Martinsville, Indiana 46151
[1979] Library of Congress
Catalog Card Number: 79-87778 Printed in the United States of America by
UNIGRAPHIC, INC., Evansville, Indiana PP. 3O-31 ********************************* On May 11, 1681, John
Johnson and Hodges Council witnessed a power of attorney by Alice (A) Hardy to
her [step]son-in-law William Mayo of Isle of Wight County.5 *Source: The Johnsons and
Johnstons of Corrowauch in Isle of Wright County, Virginia. Author: Eddis Johnson and
Hugh Buckner Johnston, Call Number:
CS71.J7 pp.47 ********************************* ARTHUR ALLEN, Sr. m. ALICE TUCKER m.2
JOHN HARDY m.1 OLIVE ? (???) c. 1608-1670
dau. of Capt. -1677 testate d. intestate Wm. Tucker ? Maj. Arthur Allen, Jr. m. Katherine Baker Olive Hardy m.1 Giles
Driver d. 1710 testate m.2 John Bromfield Elizabeth Allen m.1 Capt. Robert Caufield m.3 Lt. Col. John Pitt -c. 1692 testate m.2 Joseph John Jackman Deborah Hardy m. Bridgman Joyner,
son of Thomas Joyner, Sr. Joan Allen m.1 Dr. Robert
Williamson d. 1671 testate d. 1719 testate. m.2 Robert Burnett d. 1679 testate He m.2 Ann (???) m.3 Reuben Proctor d. c. 1729 testate Lucy Hardy m. Hodges Council,
Jr. d. ca. 1699 Katherine Allen m. ca. 1662
Robert Johnson, Planter c. 1645-c. 1693
of Isle of Wight Co. (He m.2 Ann
(???) Children of
Lucy Hardy & Hodges Council c. 1643-1733 John Johnson (the elder) m.1 Mary (???) 1. Hodges
Council III c. 1663-1707 testate d. 1700 c. 1669- m.2 Mary (Thompson) Day Elinor Johnson (?) c. 1665- 2. Hardy Council m.
Susannah (???) 1677-1750 -1757 Catherine Johnson m. Robert Council (???) 3. Robert Council m. Catherine Johnson
c. 1668- Priscilla Johnson m. John Council (???) 4. John Council
m. Priscilla Johnson c. 1672 Mary Johnson (the elder) m. c1692 James Johnston 5. Christian Council m. Edward
Bryan c. 1674- d.
1747
6. Lucy Council m. Richard Wooten Humphrey Allen d. 1666 d.s.p. Mary Allen m. Capt. Arthur Long of Surry Co. (circumstantial
evidence) *Source: The Johnsons and
Johnstons of Corrowauch in Isle of Wright County, Virginia. Author: Eddis Johnson and
Hugh Buckner Johnston, Call Number:
CS71.J7 pp.30 Notes for ALICE BENNETT, "THE WIDOW JOHNSON": Apr...Justinian Cooper,
Gent.,to Alice Bennett, widow, for 1 calf and 1 barrel of corn...150 acres
between Castle Creek and Cypress Swamp and bounded by Stocker. Justinian Cooper *Source: ISLE OF WIGHT COUNTY VIRGINIA DEEDS
1647-1719, COURT ORDERS1693-1695 and GUARDIAN ACCOUNTS 1740-1767 abstracts by
William Lindsay Hopkins, p.1:2 ********************************* 19 Jul 1647...Alice Bennett
to Mary Jackson and Sarah Jackson, the daughters of Richard Jackson...150 acres
of land. Alice(X)Bennett *Source: ISLE OF WIGHT COUNTY VIRGINIA DEEDS
1647-1719, COURT ORDERS1693-1695 and GUARDIAN ACCOUNTS 1740-1767 abstracts by
William Lindsay Hopkins ********************************* Sarah Jackson (Elizabeth,
Alice Pierce) married Arthur Smith II, who with his wife gave to George Hardy
deeds for the land on Blackwater in Isle of Wight County, 1666, the deeds
reciting that Sarah, wife of Arthur Smith II and Mary the wife of George Hardy
were daughters of Richard Jackson and granddaughters of Alice Bennett. *Source: R, Isle of Wight Co., W & D, #1 pp.69,
70, Val. pps. II 595 ********************************* John Hardy, will probated
1677, came before 1654 to Virginia with his brother, George Hardy. He was a
member of the House of Burgesses in 1668, and a Justice of the County Court
about 1675. He married Alice Bennett, the widow Johnson, daughter of Thomas
Bennett and Alice, widow Pierce. Thomas Bennett was born in Wilvescombe Co.,
Somerset, England, and died in Virginia after 1632, having come on the Neptune
in 1618, a member of the House of Burgesses from Mulberry Island in 1632. *Source: Wurt’s Magna Carte, John S. Wurts,
Germantown, PA, 1947, p.2133 Children of JOHN HARDY and ALICE BENNETT are: 2. i. ANN6 HARDY, b. Isle of
Wight, Virginia; d. Bef. October 07, 1675, Isle of Wight County, Virginia. 3. ii. LUCY HARDY, b. Isle of Wight County, Virginia; d. Bef. 1699, Isle
of Wight County, Virginia. 4. iii. OLIVE COUNCIL HARDY, "OLIVIA", b. Abt. 1657, Isle of Wight County, Virginia; d. May
31, 1725, Isle of Wight County, Virginia. 5. iv. ISABEL HARDY, b. Abt. 1660; d. Isle of Wight County, Virginia. 6. v. DEBORAH HARDY, b. Abt. 1661; d. Isle of Wight County, Virginia. Generation
No. 2 2. ANN6 HARDY (JOHN5, *JOHN4, *RICHARD3, *MICHAEL2 DE HARDY, OF WETWANG
"SIR."BL", *JOHN1) was born
in Isle of Wight, Virginia, and died Bef. October 07, 1675 in Isle of Wight
County, Virginia. She married ROBERT BURNETT in Isle of
Wight County, Virginia. He died 1679. Notes for ROBERT BURNETT: Will of Robert Burnett, R
his mark: Dau. Ann Burnett; brother William
Mayo; brothers, Mr. Arthur Allen and Mr. Jno.
Bromfield. Witnesses, William Mayo, Roger
Jones. Pro,. 17 July, 1679 ----------------------Isle
of Wight County Records Printed in William &
Mary College Quarterly ************************** Burnett, Robert - patent 7 July 1636 - no county, VA - 350 Ac. - PB1 p.371 ( Burnell ~ CARD 71 of 83: Being a neck of
land, lying neare a mile wth.in a Creeke called Sandy Creeke, being the 1st
Creeke to the Westward of Craney point). ********** Burnett, Robert - patent 3 Apl 1641 - IoW Co., VA - 200 Ac. - PB1 p.751 ( Burnell ~ CARD 72 of 83: Lying upon a
branch of Seawards creek - adjoining the land of Nicholas Smith "This patt. was renewed &c. 29 Sep
1643 without any addition"). ********** Burnett, Robert - patent 29 Sep 1643 - IoW Co., VA - 200 Ac.
- PB1 p.914 ( Burnell ~ CARD 73 of 83:
Lying upon a branch of Seawards creek; adjoining the land of Nicholas Smith). Child of ANN HARDY and ROBERT BURNETT is: i. ANN7 BURNETT, b. Bef.
1679. 3. LUCY6 HARDY (JOHN5, *JOHN4, *RICHARD3, *MICHAEL2 DE HARDY, OF WETWANG
"SIR."BL", *JOHN1) was born
in Isle of Wight County, Virginia, and died Bef. 1699 in Isle of Wight County,
Virginia. She married HODGES COUNCILL 1670 in
Isle of Wight County, Virginia. He was
born in England, and died 1699 in Isle of Wight County, Virginia. Notes for LUCY HARDY: Lucy Hardy was
"daughter of John & Alice Hardy. John Hardy was the son of John and
Olive (Council) Hardy who were married between 1620 and 1630." *Source: Worth S. Ray "The Bryan Family" as
quoted in "Bryant Backtrails" Kemma Publishing Co., Evansville, Ind.
vol. 2 #1&2 (Jan-June 1970), page 21 ************************** 1. In 1676 Lucy Hardy was
married and the mother of three children when John Hardy in his LWT identified
her and named her husband, Hodges Councill. (IOW WB2 p146). The three children
were later identified as Christian, Hodges Jr and Lucy. 2. Lucy's husband, Hodges
Council (Sr) b. c1653 based on the fact that he acquired land in his own right
in 1674 (IOW DB1, p.30). In 1674 a man could witness wills, deeds, etc, but was
considered a minor and could not own land until he reached the age of 21. 3. Lucy was probably about
3-4 years younger than her husband. 4. In 1703, Lucy's 2d dau,
Lucy Council b. c1675l m. Richard Wooten (Jr) (IOW DB 4 p98). Richard b. c1675
(between 1672-1680). Lucy Council Wooten was probably an infant when her
grandfather, John Hardy died. Lucy Hardy d. 1682-1699.
She relinquished her dower rights to a gift of land deed to Lucy Vick, dau of
Joseph Vick in 1682 (IOW W&DB 1 p480), but was not alive when her husband,
Hodges Council, died in 1699 (IOW WB2 p419) *Source: Conclusions of Martha Lackey as noted on John Hardy Discusson Page on March 7, 1999 http://www.geocities.com/Heartland/Acres/7241/john.html Notes for HODGES COUNCILL: LAND PATENTS &
TRANSACTIONS Council, Hodges - Patent 20
Mar 1677/8 - IoW VA - 941 Ac. (Digital 006_0642 & 0643, Card 61 under
Couch) [ not in map ] To All v; Whereas v; Now
know ye that I the said Robert (??????) Ye Governor Give and Grant unto Hodges
Councill nine hundred forty one acres of Land being on the Isle of Wight County on the
heads of the branches of Beaver Dam Joining to Robt. Lawrence his Land.
Beginning at the side of the Beaver Dam at a marked (?ringo) being his old Corner, thence running
N. by E. 320 pole to a a pine being a Corner Tree in his old Land then E. by S. 320 pole
to a pine; then S. by W. 440 pole to a pine one of Wm. Collins his marked line; then W.
300 pole by Collins his line to a pine; then N. ¼ E. 170 pole to the first station. The
said Land being due by and for the Transportation of nineteen persons into this Colony. To have
& to hold & to be held ????? Yeilding & paying as ordered. Dated &c this 20th Day
of March 1677/8 William Russell Tho.
Willis? Ja? Manning Alexandr Mulhens? Chrif: Eison Ann Green Arth: Spon?? Geo. Martin Kath. Thomas Tho: Davis Edw. Thomas Arla Davis Hodges Council Jno. Bake Law.
Blandett Jno. Gibbs Ann Cooke Wm. Clark Rebecca Field [ NOTE: It appears that
Hodges Council claims a headright on himself. Apparently, this is the first
indication of him being in the Colony.] ********** Later transactions
involving this parcel: 9 Aug 1699 - Will of Hodges
Council - Item. I give unto my daughter Christian, the wife of Edward Briand
200 acres on the S. W. side of the branch of my house & to that neck of
land between the two branches...I give unto my daughter Lucy Councill 200 acres
beginning at the corner tree...unto her & the heirs of her body & for
want of such heirs unto my son Hardy Councill & his heirs forever. 26 December 1723 - John
Briant, Yeoman of Barty Co in NC to James Briant, Yeoman, of the lower parish
of isle of W, 60 barrell of good merchantable tarr - 200 acs in IOW on the SW side of Hodges Council, being part of tract containing 941 acres formerly
granted to Hodges Councel the Elder by patten date 1677/8 and by sd Hodges
Councill the Elder given by will to his dau Christian Bryant the wife of Edward
Bryant WIT Hodges Councill, Thomas Walton, and Charles Fullgham [[NOTE: later in the deed, John Briant is referred
to on two occasions as John Bryant Junr. He signs his full name as John
Bryant.]] 20 April 1731 - James
Bryan, Yeoman, of the lower Parish and wife Joan Bryan to Walter Bryan, Yeoman,
of the same..200 acres adj Hodges
Councill (being part of a patent dated 1677 which was granted to Mr.
Hodges Council Sr as 941 acres on 9
August 1699 he willed 200 acs of the patent to his daughter Christiana Bryan
the wife of Edward Bryan and her heir John Bryan Sr. Willed it to the said
James Bryan WIT John Bretten, John
Taylor, James (x) Bryan 19 Nov 1736 - Walter Bryan of IOW for divers causes and
for the natural love I have for my brother Samuel Bryant of same, give my
brother a parcel of land and plantation being part of a patent dated 1677 which
was formerly granted to Hodges Council Sr for 941 acs, be it the same plantation
of 200 acs given by said Hodges Council Sr by his will to his daughter
Christian the wife of Edward Bryant and the said land was conveyed by Jno
Bryant son and heir of said Christian Bryant to James Bryant and this James
Bryant to me Walter Bryant. To have and
to hold the said Samuel Bryan and his heirs lawfully begotten of his body and
in case such heirs should be wanting then the land to return to me signed with Mark - WIT Augustin Simon, Joseph Horten, John Lee Isle of Wight Deeds, Book
5, p. 65; 19 Nov. 1736; Walter Bryan of the Lower Parish of Isle of Wight, to
my brother Samuel of same, plantation formerly granted Hodges Council in 1677 and given by will to his daughter
Christian Bryan, wife of Edward Bryan and the said land conveyed by John Bryan
son and heir of said Christian Bryan to James Bryant and by James Bryant to me
and by me to Samuel, 19 Nov. 1736 ********** Council, Hodges - patent 20
Apr 1682 - IoW VA - 320 Ac (card 62
from Couch - PB7 pg 133) To All v; Whereas v; Now know
ye that I the said Sir Henry Chickaday Kn’t Deputy Governor Do with the advice
and consent of the Council aforesaid accordingly Give and Grant unto Hodges
Council of the Isle of Wight County three hundred and twenty acres of land
situate on Chowan River in the County aforesaid beginning at a Cyprus in the
mouth of a branch Thomas Mann’s corner tree, thence on his line East one
hundred sixty poles to Two White Oaks, then the same Course one hundred and
fifty pole more to a Pine, then South seaven Degrees Westerly (one?) hundred
sixty two poles to a small Maple sappling a corner tree betwixt the said
Council and Joseph (Rick?), thence west three hundred and twenty poles to the
river side and on up the river to the first station. The sd land being due to the
sd Council by and for Transportation of seven persons to have and to hold or to
be held and Yeilding & paying & consideration. Dated the 20th day of
April 1682. (Names not mentioned) Later transactions
involving this parcel: 2 Aug 1724...Hodges Councill,the
Younger, and wife Katherin Councill of the lower parish of Isle of
Wight Co. to William Edmondson of the upper parish of Nansemond County...120
acres in the lower parish on Blackwater River adjoining Richard
Watters(?)(being part of a patent granted Hodges Council the Elder on 20 Apr 1682
and who willed it to his grandson, the said Hodges Council theYounger on 9 Aug
1699) Wit:Stephen Darden, William(X)Goling, Hodges Councill, James
Holland Rec.28 Sep 1724 Catherine(X)Councill (Isle of Wight Deeds, Wills--Great
Book Vol.2 1715-1726 pg.663 ********************************* Will of Hodges Councill In ye Name of God Amen, I Hodges Councill of ye Isle of Wight
County, planter, being in good health & Body & ye sound mind & memory,
praised be therefore to Almighty God, do I make & ordain this my last will
and testament in manner & form following. First and principally I commend my soul unto ye hands of
Almighty God, & hoping through ye merritts of my Savior Jesus Christ to have
passion for all my sins & my body to ye earth to be decently Buried by ye
hereafter named; & touching ye dispossing of all such temporall goods as it
has pleased God to bestow upon me, I give and dispose of as follows: Item. I will yt my debts & morall charges be
first paid & discharded. Item. I give unto my eldest Hodges Councill 200
acres of land out of ye Pattent of three hundred twenty; yt joins upon
Blackwater, to him & heirs forever, & ye other 120 of forest tract or
Pattent I give unto my Grandson Hodges Councill ye younger, unto him & his
heirs forever. Item. I give & bequeath unto my son Jno.
Councill 150 acres being part of the land I bought of Robt. Lawrence & 50
acres more that joins that I last bought of said Lawrence, being all, 200
acres. I give to my son John & his
heirs of his body & for want of such heirs unto my son Robt. Councill &
his heirs forever. Item. I give unto my daughter Christian, the
wife of Edward Briand 200 acres on the S. W. side of the branch of my house
& to that neck of land between the two branches...I give unto my daughter
Lucy Councill 200 acres beginning at the corner tree... unto her & the
heirs of her body & for want of such heirs unto my son Hardy Councill &
his heirs forever. Item. I give & bequeath unto son Robt.
Council 200 acres unto him & his heirs of his body forever... to him &
his heirs forever & and for want of such heirs unto my son Jno Councill
& his heirs forever. Item. I give & bequeath unto my son Hardy
Councill all the rest of my land, Plantation I now live on being 290 acres,
unto my son Hardy Councill & his heirs of his body begotten forever &
for want of such heirs unto son Hodges Councill & his heirs forever. All the rest of my personal estate I leave
to be disposed of by deed of
gift; To my loving son Hardy
Councill I do make & ordain to be my sole Executor of this my last Will
& Testament. I do hereby revoke, and anull, and make void all former Will
& Testaments by me heretofore made.
In witness thereof I the said Hodges Councill to this my last will &
testament being contained in two sides of a sheet of paper set my seal &
hand the 9th day of Aug. in the year of our Lord 1699. (Signed
by his HC mark) Hodges
Councill Seal. Published in open Court
Will Book Volumn 2, page 419. Isle of Wight County, Virginia. ********************************* Hodges Council made his
will in Isle of Wight in 1699. He married Lucy, daughter of John Hardy, Justice
of the County Court, about 1675. He was possibly a son of John Council who
married, secondly, Mrs. Jeffries, the relict of Richard Jeffries, in 1666 Hardy Council, on of
Hodges' sons, made his will in 1749 in which he stated he was near the age of
71 years, making his birth date 1678. Hodges Council, in his will
in 1699, mentions daughter Christian wife of Edward Bryan. An Edward Bryan, who
made his will in Newbern, Craven County, N. C., in 1746, an ancestor of a
distinguished North Carolina family, was evidently a grandson of the above
Edward Bryan, for he mentions his brother Hardy Bryan in his will. *Source: Seventeenth Century Isle of Wight County
Virginia, by John Bennett Boddie, genealogical Publishing Co., Inc.
Baltimore,1973. Originally published in
1938. pp.216 ********************************* It has been claimed that
John Councill first married Elizabeth Drake of Springfield, Devonshire,
England, and that she was a close relative of Sir Francis Drake, the first
Englishman to encircle the earth. The writer has not seen a published reference
to it. Hodges Councill acquire by grants from the Virginia Governors more than
1200 acres. From George Pierce he purchased 300 acres in 1674 (Deed Book 1,
p.30). During Bacon’s Rebellion, William West headed a force marching to take a
loyal fort. He was captured January 16, 1677. In October, Hodges Councill and
others signed a petition to the Commissioners for his release. (Calendar of
State Papers, Vol. 39, Folio 85). The public records of Isle of Wight County,
VA contain many references to Hodges Councill and his descendants. January 7, 1915 Kinchin
Bascom Council wrote: “I am accumulating data that I hope will be of assistance
to some brave soul who will undertake to rescue from oblivion our early history
and traditions.” Much of the data contributed mentioned elsewhere was the
result of research by the late Kinchin Bascom Council, 1864-1931, of Bladen
Co., NC, a successful business man, civic leader and family genealogist... IN
substance he wrote: I have spent much time investigating the record of our
early settlers because of the satisfaction it gives. Bladen County records were
burned in 1765 and again in 1893. Some records are still to be found, though I
have not searched those of Robeson or Cumberland Counties. It would take a lot
of time to list all my findings, but I will say that all seem to be descended
from Hodges Council who came to VA about the time of Cromwell’s death, 1658.
Hodges Council was a son of John Council and his wife Elizabeth Drake of
Devonshire, England. *Source: Hodges Council of Virginia and Descendants,
Judson Council, Baltimore, MD, 1941, pg
18, 59 ********** Edgecombe Co., NC was
formed in 1733 and was the mother of Halifax, Martin, Nash, Washington, etc.
The later were formed before the first census of 1790. There were several
families of Councils in this section. John, son of Hodges had descendants who
had lived there but moved to the Cape Fear Section with their Va. kin between
1742 and 1770. The Virginia invasion occurred between 1740 and 1770 when
hundreds of Virginians came down to NC because the Legislature passed a law
requiring all non-residents to acquire ten acres for each head of stock ranging
in the Colony or become citizens. Old John’s sons and grandsons had thousands
of cattle and it was cheaper to moved into the Wilderness than to buy it.
animosity existed between the stockmen and the authorities. The officials were
grafters and sought to exploit the settlers. Occasionally there was a decent
Governor before the Revolution. In 1726 John Council advised Sir Richard
Everhard, then Governor, that certain of his henchmen were slaughtering great
numbers of his cattle and gave notice that he would protect his property. The
succeeding governor, Burrington, in 1728 paid the settlers this compliment,
“the people of NC are neither to be cajoled or outwitted. Whenever a Governor
attempts to do anything by this mean he will lose his labors and show his
ignorance. The inhabitants are subtle and crafty, always behave, insolently to
their governors; others they have driven from the colony and at other times set
up a governor of their own choice by men under arms.” In 1728 the year the line
was established between NC and VA Col. Wm. Byrd one of the boundary
commissioners said the “borderers laid it to heart if their land was taken in
VA. They chose, much rather to belong to NC where they paid no tribute to God
or to Caesar. *Source: Hodges Councill of Virginia and Descendants.
Judson Council, Baltimore, MD 1941 pg 60-61 ********************************* Hodges Council “, received
grants of 1200 acres from the Virginia Governors and purchased 300 acres. He
left two Wills on file in Isle of Wight County, VA, each recorded the same day
in 1699, with the same people mentioned in both, but with a different division
of land between heirs. *Source: Wurt’s Magna Charta, page 2137 The Councils all had
magnificent estates. They were members of St. Lukes Church, near Smithfield,
called the “Old Brick Church”, and served as vestrymen. *Source: Wurt’s Magna
Charta, John S. Wurts, Germantown, PA 1947, page 2137 |