Person:Robert Felgate (1)

"...Will of "Capt. Robert ffelgate, of Virginia, gent., now here resident in sick & "week" (weak) estate(?) & c.

Revokes a former will made before his departure out of Virginia. His exx to pay his debts, especially to pay his brother William ffelgate, of the City of London, skinner, 50 pds. of lawful money of England: Thomas Newton, my grandchild, now resident in Holland all my plantacons (?)in Virginia to hold the same after he becomes 21 forever; in the meantime my exx to receive the rents & enjoy the sd. premises aforementioned nor leave any Issue of his body lawfully begotten to injoy the same their plantation&c. to to to the children of William ffelgate, my brother.

To my servant, Mary Hayes, three-score acres & 500 lbs. tob. of the country growth & so much corne to keep hir one whole year together with 4 head of cattle & I doe remitt unto hir the tearm of years she hat to serve me and to be att her own disposure &c: Wife to keep premises in repair & commit no devastation; residue of my personal estate to go to my wife SIBELLA, whom I make sole Exx.Date the last day of Spt. 1640. Witnesses: Edward Ball, Robt Hay;Richd Barber. Scr., London

Copied out & exam Nocho:(Nicholas) Merriwether, Cl Recordd: 25th 7ber, 1655..."

On January 29, 1644-'45, Henry Lee and Richard Lee, planters, both of the county of York, acknowledged themselves indebted to Mrs. Sibella Felgate, widow of Captain Robert Felgate, gentleman, deceased, in the sum of 20,000 weight of " good and merchantable tobacco" for saving harmless the said Mrs. Felgate, who had given to Henry Lee nine head of cattle "belonging to John Adkins, and formerly in the custody of Captain Robert Felgate, as having married the mother of the said John Adkins, who is the brother of Marah, the wife of the above-bounden Henry Lee."

... But it is Capt. Robert Felgate who is key to this account. He claimed his acres between Felgate and King Creeks for "ventureing" outward "to seate those frontier parts" by court order of December 1630. He had come to Virginia in 1628 in the ship, William and John, likely captained by his brother Tobias Felgate. With him, or afterwards, came his wife, Margarette, his son , Erasmus, and his daughter, Judith, plus four others. [15] He seemingly was a man of note and of leadership from his arrival since he represented the area across the James from Jamestown, being "1he other Side of the Water", in the General Assemblies of 1629 and 1629-1630 thus being a party to the action of that body that looked toward opening the York River territory. From all indications he moved here and settled later in the year 1630. In the next year his new area, "Kiskyacke", sent its first representative to the assembly, it being Nicolas Martiau who had already settled where Yorktown would later rise. [16]

There is no doubt that Capt. Robert Felgate moved immediately on to his property in Chiskiack, built a home, and developed a going farm (plantation) with emphasis on tobacco and cattle. As opportunity came, he increased his initial 350 acres. Another 250 acres came in 1637, [17] thus making 600 and still another 400 "adj. his former divident" in 1639. [18]

He, it appears, was a community leader from the beginning. He was a member of the county court, as a justice of the peace, from the inception of that body. The first recorded action of this court, July 12, 1633, listed him as one of its six members. [19] The import is that he
remained a member of this body until his death with seemingly a break in service in the years 1638-1640. For the first years, there being no courthouse or formal place of meeting, it was customary for the court to convene in the homes of the different justices. The court held at least two such sessions at Felgate's place, indicating a home with sufficient accommodation. One entry, that for January 12, 1637, reads "A Court at Capt Robt Fellgate's house." [20]

Felgate, like most of the established citizens, soon found himself busy in the administration of estates, sometimes by will direction and sometimes by court "Commission of Administration." On February 9, 1632, for example, he "delivered unto Cort uppon oath an Account of the estate
of John Adkins deceased." [21] Felgate's work on the Adkins estate is of interest, since in due course, after the death of his wife Margarette, he married Adkin's widow, Sibbella. There were two Adkins children, a son (in his minority) and a daughter, Marah, who married Henry Lee, who lived down the York a little way. Because of the family tie and after Felgate's death, Henry and Richard Lee acknowledged the receipt of nine head of cattle belonging to John Adkins, perhaps a part of Marah's inheritance. About the same time, too, Richard and Henry Lee acknowledged themselves indebted to Felgate's widow, [22] administratrix of her husband's
estate. From all indications Sibella performed her duties as administratrix in good order and in a very business like manner. It seems, too, that in due course Sibbella took another husband before she died. A patent of April 1651 for land in Gloucester County (400 acres to John Perines) recited in background that Capt. Nicolas Martiau "maryed the Exix of Capt. Robert Felgate." This would in part explain, too, why in December 1647 some of Captain Martiau's lost, or strayed, cattle were to be brought "to the plantation late Capt Robt Felgatts." [23]

Prior to his death Robert Felgate had made his will with a customary preamble as "Capt Robert Fellgate of Virginia gent now here resident" being in a "sick and weake Estate but I prayse God of good and perfect memorie." It was signed, sealed, and published on September 30, 1644. [24] He departed this life some time later in the same year. At least it came prior to January 29, 1645, when near neighbors, Henry and Richard Lee acknowledged themselves indebted to the "Mistress Sibbella Fellgate relict and late wife of Capt Robert Felgate Gent [25] dec'd" in the amount of 20, 000 pounds of tobacco.

Felgate's will disposed of all of his "goods Chattells lands tenements Servants Cattle household stuff & things." It revoked an earlier one made "before my departure out of Virginia" likely a reference to a trip to England. He first stipulated that his just debts be paid, specifically mentioning the sum of 60 "pounds of Lawfull money of England" to his "brother William Fellgate of the Citty of London Skinner." There was no mention of children Erasmus and Judith: presumably they had not survived.

It was his intention that "all my Plantation land tenements & Herediments" which he should have in Virginia at the time of his decease should go to his grandson, Thomas Newton, then resident in Holland, when he attained the age of 21. In the interim, in fact for her "Naturall Life", all of the "rents Issues & proffitts of the said Plantations Messauges & premisses" would go to his "wife Sabilla." Should Thomas Newton not reach 21 then the heir would be another grandchild, Thomas Bruton. Should he not attain majority, the next in line would be "the Children of my s£ Brother William Fellgate and their heires successively."

This last is evidently the way that the ultimate succession went, to William, son of William. Robert Felgate had one other consideration, a personal one concerning a servant, one Mary Hayes. He willed her 60 acres of land, 500 pounds of "Tobacco of the County growth", and enough corn "to keep hir" and "Four head of Cattle" (which he included) for the space of "one whole yeare." He, also, did "remitt unto hir ... the tearme of yeare she hath to serve mee."

To carry out his wishes he named his "loveing wife Sibilla" whom he made sole executrix. Though dated September 30, 1644, this will was held and not recorded for eleven years, not until September 25, 1655, according to the records. This was the day after Mary Bassett petitioned the York County Court for the "landes & tenementes" of Capt. Robert Felgate as heir. She was given possession of them and placed bond with a longtime neighbor, Maj. William Barber, who became her surety. It was required that "she putt in securiety to surrender the same att all times after such possession in case any heire having better Right shall claime [26] the same." There seems no reason for Mary Bassett to have claimed the Felgate estate as any kind of heir in her own right. It could have been, however, that she was protecting or insuring the rights of her children by Thomas Bassett after she married William Felgate who did inherit the property. [27]

The assumption is that neither Thomas Newton, nor Thomas Bruton, reached majority and after Sibella Felgate died, the estate passed to William Felgate, a son of Capt. Robert Felgate's brother as his will had specified. 1his conclusion basically is a matter of inference. A William Felgate does appear in the York County records in the decade following the death of Robert and the appearances are in the frame of a settled resident in the Chiskiack area. [28] He continued in the area, marrying Mary Bassett prior to 1655, and becoming a member of the York County Court as a Justice. His record, however, is meager, and in a deposition in 1659 he gave his age as about 47 years. [29] In any case he died in 1660 and his widow would soon marry again and in so doing bring a new name to the property, Underhill. She had received, after other bequests, his "whole Estate of Lands Servants Goods debts or whatsoever." ...

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15. Nugent, Abstracts of Virginia Land Patents, pp. 14-15, 70, 121, 401. When he secured the court order with a patent in April 1632, he used the headrights for himself (doubled because he settled in the first year), "his sonn" and four servants. When this was expanded by 250 acres, by patent of 1637, he again listed himself and 4 persons and by virtue "the first year to the said plantation". They were Erasmus Felgate, Robert Syler, Mary Mooreland and Henry Thorne. In March 1639 he was granted yet another 400 acres "adjacent to his former devident" and this time the names listed were his own, Margarett Felgate, his wife, Erasmus, his son, Judith Felgate, his daughter, Robert Siler, James Giles, Richard Davis, and John Jockgive.

16. Journals of the House of Burgesses of Virginia, 1619-1659, edited by H.R. Mcilwaine (Richmond, 1915), pp. viii-x.

17. This 400 acres though seemingly for new area could, perhaps, have been a regrant of part of his initial patent.

18. Nugent, Abstracts of Virginia Land Patents, pp. 14-15, TO, 121.

19. The others were Capts. John Utie and Nicolas Martiau and Messrs. William English, Lionel Roylston and William Townsend.

20. Fleet, Col. Va. Abstracts, 24, 5-28, especially 9 and 13. The court in the beginning met most often at "Utimaria" the home of Capt. John Utie across King Creek, but there were others as Christopher Wormley, Nicolas Martiau, Richard Townshend, and William Pryor. About 1641 the meetings began to be held at the Ordinary appointed. (See also Tyler's Quarterly Historical and Genealogical Magazine, l, 236-37.)

21. Minutes of the Council and General Court of Colonial Virginia, pp. 197, 202.

22. Fleet, Col. Va. Abstracts, 25, York County, (1646-1648), 18; William and Mary Quarterly, 1st Series, l, 83.

23. Nugent, Abstracts of Virginia Land Patents, p. 210; Fleet, Col. Va. Abstracts, 25, 67. Even yet the Felgate place was a central point in county affairs as there is reference, in December 1647, to 200 pounds of public levy tobacco having been "damaged at the house of Capt Robert Felgatt dec'd." (Ibid, p. 68. )

24. This was in the "20th Yeare of the Raiyne of Or Soveraigne Lord Charles by the Grace of God King of England ..." as the will states, but not in the year 1649 as the will also states. (See Appendix B for the will in full. )

25. Fleet, Col. Va. Abstracts, 25, York County, 1646-1648, 18.

26. Deeds, Orders, Wills, No. 1, p. 264; Fleet, Col. Va. Abstracts, York County, 1648-1657, 53-54.

27. Va. Mag. Hist. Biog., 2, 182. It may be of interest that Thomas Bassett, along with Hugh Gruin and William Lee, witnessed a bond of Sibbella Felgate in 1645 or thereabouts. Thomas Bassett was a resident of the area. (Fleet, Va. Col. Abstracts, 25, 18, 56, 73. William and Mary Quarterly, 1st Series, 2, 218.)

28. As when he and Henry Lee and two others took the inventory and made the appraisal of the estate of Capt. Stephen Gill in August, 1653. Or when in 1648 he billed the estate of James Stone, merchant, who had lately died in Virginia. Or when, again in 1648, he bound over a servant to Henry Lee to secure a debt of 1,100 pounds. (Fleet, Col. Va. Abstracts, 25, 81 and 24, 11-13, 46-57.) William Felgate, brother of Captain Robert, was dead by this date. The William that Tobias left seemingly was now settled in England, and the William {possibly a son) that was executor for John Felgate in James City County, even if he was of the family, was dead.

29. Hening, Statues at Large ... of Virginia, 2, 13; Va. Mag. Hist. Biog., 2, 13 ; William and Mary Quarterly, 1st Series, 5, 80.