SOURCE CITATION:
Page: page 1-4
Citation Comments: Nugent: Also as a headright, JAMES HARDAWAY
brother ofJohn, appears for the
first time in the Charles City county records on 25 November
1654, Patent Book No. 3, page 313, when John Drayton entered a
patent for 2000 acres of land in Westmoreland County, Virginia on the
southside of Petomeck River. page 301.
Fleet: A check of records with regard to the 250 acres of land
situated on Kemishes Creek which James Hardaway inherited and
then assigned to his son John Hardaway, reveals an interesting and
important family connection.
Title: Descendants of James Hardaway, Charles City County,
Virginia,1650-1800
Author: James F. Devenport, Judith Hardaway Devenport, Laurence
B. Gardiner
Publication Information: James F. Devenport, One Winchester
Court, Midland,Texas 79705, 1992.
SOURCE CITATION:
Page: page 2-6
Text: Fleet: A check of records with regard to the 250 acrres
of land situated on Kemishes Creek which James Hardaway inherited and
thenassigned to his son Joohn Hardaway, reveals an interesting and
important family connection with the Stith Family. The Stith
Family plays a substantial role in the Hardaway genealogy for several
generations, as later will be established.
In the Court Records dated 11 June 1661 there is memorandum that
James Hardaway, for reason of excessive sickness and lameness, was
thereby exempted from all future personal service and taxes
except parish dues (p 243).
By Indenture dated 7 June 1662, James Hardaway of Kemishes Creek in
Charles City County made over to John Stith all his property,
both real and personal, for which John Stith pledged to keep James
Hardaway in good condition for the balance of his life (Fleet,p 271)
Clearly by 1664 however, James Hardaway was still in the world of
the living and was at odds with John Stith over the 250 acres
on Kemishes Creek. You recall James Hardaway in June 1662 had by
Indenture made over his real and personal property to John Stith.
Then by Septemberr 1664 he had conveyed to his son, JohnHardaway,
the 250 acrees on Kemishes Creek. Ownership of the land apparently
was the cause of the trouble between James Hardaway and John Stith
as there are several instruments filed of record between James
Hardaway, complainant and John Stith, defendant, in which Stith
DISCLAIMS ALL RIGHTS AND TITLE TO HARDEWAY'S LAND AT KEMISHES
(Fleet p 308) followed by assignment of A PATENT FOR 250 ACRES OF LAND AT
KEMISHES CREEKE TO JOHN HARDAWAY, Dated 29 September 1666,
mentions the tract of land was granted to John Stith; was returned
to James Hardaway by assignment; and acquired by Edmund Cowleswith
bill of sale from Jno. Hardaway, dated 3 June 1664 (Childs p 509)
Title: Descendants of James Hardaway, Charles City County, Virginia,
1650-1800.
Author: James F. Devenport, Judith Hardaway Devenport, Laurence
B. Gardiner.
Publication Information: James F. Devenport, One Winchester
Court, Midland,
Texas 79705, 1992
Repository Name: Martha Hewett
Address: 4040 East Greenway Circle, Mesa,
AZ, 85205
Phone: (602) 807-0750
SOURCE CITATION:
Page: paage 509
Title: Reliques of the Rives
Author: James Rives Childs
Publication Information: Lynchburg, VA: J. P. Bell Coompany,
inc., 1929
SOURCE CITATION:
Page: page 1.
Title: Descendants of James Hardaway, Charles City County,
Virginia,1650-1800.
Author: James F. Devenport, Judith Hardaway Devenport, Laurence
B. Gardiner.
Publication Information: James F. Devenport, One Winchester
Court, Midland,Texas 79705, 1992.
Repository Name: Martha Hewett.SOURCE CITATION:
Page: 198
Title: Cavaliers and Pioneers.
Author: Niel Marion Nugent, com,p.
Publication Information: Rpt., Baltimore MD, Genealogical.
Publishing Co.,Inc., 1974.
SOURCE CITATION:
Page: 1
Title: Descendants of James Hardaway, Charles City County,
Virginia,1650-1800
Author: James F. Devenport, Judith Hardaway Devenport, Laurence
B. Gardiner
Publication Information: James F. Devenport, One Winchester
Court, Midland,Texas 79705, 1992
SOURCE CITATION:
Page: page xxvi
Text: Meyer,Dorman: The term headright has no significance other
than as evidence of the right to own land. In order to stimulate
settlement, The Virginia Company made the provision that every
person who, after 1616 came into the Colony from overseas or
from a neighboring settlement, was entitled to 50 acres of land in
his own name or in the name of the person who paid the passage.
Devenport: The person named as headright in a patent did not
necessarily arrive in the colony the year the patent was
issued but such date oftentimes is the only clue to the person's first
appearance in Virginia. This is the case with John Hardaway and
later his brother James Hardaway.
Title: Adventures of Purse and Person, Virginia 1607-1624/5,
Author: Virginia M. Meyer and John Frederick Dorman, eds.
Publication Information: 3rd ed, Richmond Va: The Dietz Press,
Inc., 1987
SOURCE CITATION:
Page: page 204
Text: Tradition has it that the Hardaways, John and James
emigrated to the Virginia Colonies from Blandford, England, and
established themselves into the English society along the southside
of the James River in Charles City County. One can feel certain both
men were proud Englishmen, loyal to both God and King, and willing
to endure hardships of the colonies so that their children and
their children's children might enjoy a better life.
Fleet: Just when and where John and James Hardaway were born is
unknown. Whether they were married before leaving England, or
after arrival in the Virginia Colonies, and to whom they married,
has been lost to time. The early Virginia records reveal precious little information about these men, but James Hardaway by 1658 had
been nominated and elected Constable for Westover Precinct.
John Hardaway appears to have died after 3 Oct 1660 and before
3 Dec 1660, as there appears an entry dated 3 Oct 1660 in the
Charles City records stating thet John Jones, servant to John
Hardaway, had his time doubled. Fleet, p 234. This is followed shortly thereafter by several entries where the estate of John
Hardaway, deceased, was ordered to pay certain individulas varying
amounts oftobacco. Fleet p 237 four entries.
John Hardaway apparently left a will, as can be seen from
the Court Order dated 3 October 1662, which reads in part:
The co'rt confirmeth an order formerly granted by mr. Anthony
Syatt to Morgan Jones for Rob't Baker for three hundred pounds
of tobacko and Caske with costs against James Hardaway the ieire
and Execut'r of Jo: Hardaway dec'd and granteth exec on non paym't
thereof. Fleet, p 265.
Perhaps the strongest documented evidence to survive of the
relationship between John and james Hardaway can be found in
that certain Deed of Gift, dated 5 September 1664 and recorded in
Charles City County Court Records, in whis is stated,
Be itknowne unto all men by these presents that whereas the
inheritence of 250 acres of land scituated {situated} on the
upper side of Kemishes Creeke descended and divolved {devised}
to me James Hardway by the decesse [decease] of my late brother
John Hardway.
Werefor the said James Hardway xx give[s] the said 250 acres xx
unto by sonn John Hardway and his heirs forever xx
His mark S Witnessed by Charles Power and Robert Rowse.
Title: Virginia Colonial Abstracts, vol. III
Author: Beverly Fleet
Publication Information: Balitmore, MD: Genealogical Publishing
Co., Inc.,1988
Devenport- It is said that the first Hardaway of Colonial Virginia
was John Hardaway who emigrated from England prior to 1650. Whether
lured by opportunity or driven by necessity, John Hardaway, like
hundreds of other determined individuals, made his way to America
and settled in Charles City County, Vriginia.
A patent dated 12 August 1650 in Patent Book No. 2, page 248,
shows Richard Tye and Charles Sparrowe entered a patent for 2500
acres of land in Charles City County, near the head of Powells Creek
and adjacent to land called Weyanoke Old Town, claiming as one of
ther headrights, JON. HARDAWAY for whom they had furnished
transportation. (Nugent)
SOURCE CITATION:
Page: page 239
Title: Virginia Colonial Abstracts, vol. III
Author: Beverly Fleet
Publication Information: Balitmore, MD: Genealogical Publishing
Co., Inc.,
1988
Fleet: On or about 2 February 1660/s Thomas Rowe [Rowse?] was
ordered to give bond for the estate of Jo. Hardway [deceased] and
the care of orphan. This suggests that John Hardaway had at least
one minor heir, concievably a minor female. There is no mention of
John's wife leading to the conclusion she preceded him in death.
This fact just is not known.
Another clue into the expanding Hardaway webb can be found in
Charles City Court Order dated 18 October 1664, ordering Thomas Roe
[Rowse?] to provide another man to be bound w him to secure estate
and education of jOhn Hardaway's orphan (Meyer and Dorman p xxv)
Here again the singular or the word orphan is used, thereby
reinforcing the implicaton of an heir. According to English law,
which the colonials adopted, landed estate was held in fee tail and
automatically passed from father to son or to the nearest male heir.
The borther, James Hardaway's inheritance of the realestate
strengthens the hypothesis of a female heir and that he, James
Hardaway, is the nearest male relative. Regarding the orphan, who
she was or what may have become of her is not revealed from the
records.
The first indication that John Hardaway owned property in Charles
City County appears in a deed, dated 22 April, 1661, from Walter
Alston of Charles City to William Edwards of a parcel of land
adjacent to that of Willliam Edqards and John Hardway on Kemishes
Creek (Fleet p 240). Whether John Hardaway had been issued a patent
and failed to file the patent with the court is not known.