John Burnett III (1702 - 1775)

Born 1702 in Piscataway Creek, Essex, Colony of Virginia

Ancestors

Descendants

Died 13 Nov 1775 at about age 73 in Mecklenburg, Colony of Virginia [uncertain]

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Biography

John Burnett III was born in 1702 in Piscataway Creek, Essex, Virginia to parents John Burnett II and Amy Amelia Gatewood. He married Catherine Newbill on 23 Jul 1727 in Essex, Virginia. Children: John, James, Benjamin, Sarah, Nathaniel, Catherine, Susanna, Mary (Polly), Rachel. He died in Nov 1775 in Mecklenburg, Virginia.

John Burnett III inherited half of the Burnett Plantation (245 acres) in Essex Co along with his brother Joseph. John became deeply indebted and mortgaged his share and lost it. The plantation had been in the family for 96 years. After losing his land, John and Catherine moved first to Mecklenburg County, Virginia, then Lunenburg and back to Mecklenburg where he died in 1775, leaving all he owned to his wife Catherine, James, Nathaniel, Benjamin and John. Catherine died 1789 and was buried beside John IV in Mecklenburg County Virginia.

John was not yet 16 years of age in 1717 when his father wrote his Will, giving to his son John a mulatto girl named Cate and stating the desire that his two sons, John and Joseph be aged 16 before receiving their estates. At that time all of John Sr's land was to be divided between John and Joseph. The rest of his estate to be divided between his wife Amy and all the children.

Evidence shows that John was frequently sued and taken to court for fighting in his younger days. Very early in 1729, he appears to have left Essex County for Caroline County, but returned to Essex County in 1744. The problems did not cease and, soon after, it appears that he had financial difficulties as well. About 1750, John mortgaged his slaves and then the 246 acres that he inherited from his father to the McCall's. Samuel and James McCall were merchants of Glasgow, Scotland, to whom John became indebted. John described the land in 1754, [his 1/2 share], where all of his children were born, and probably all the other Burnetts up to that time, where his grandfather, John Burnett I, had finally settled. Besides the usual houses, buildings, yards, gardens, orchards, woods, and water ways, he also mentioned edifices which means a building or structure chiefly applied to "elegant houses," and other large structures. The Burnett Plantation was on and near Piscataway Creek that flowed into the Rappahannock River. John, Catharine and their children moved before 13 Aug 1767 to Mecklenburg County, then to Lunenburg County and back to Mecklenburg just before John died in 1775.

Essex County, Va - records: 1725 Nov 18 . OS 6:353. William Cox Jr, against JOHN BURNETT & THOMAS BURNETT JUNR...for 20 lbs sterling..ye alias copias issued but not served, ordered that another be issued.

1726 June 22 . OB 7:30. THOMAS BURNETT indicted for beating and abusing John Pickett Junr...JOHN BURNETT & THOMAS BURNETT JUNR...committed a breach of the peace on the body of Pickett..both taken into custody..

1727 June 20 . OB 7:92. John Pickett vs JOHN BURNETT: The order for taking John Burnett & Thomas Burnett Junr, in custody of the sheriff on the complaint of Pickett, continued...

1727 Sept 20 - OS 7:43,69. William Cox Jr vs THOMAS BURNETT - Action of assault & battery. Thomas & John Burnett "not to be found on the pluries capias in ye action of assault & battery bro't against them by Cox.

1727 Nov 21 - OS 7:193. "The contempt of John Pickett Junr., against JOHN BURNETT & THOMAS BURNETT JUNR., is continued & it is ordered that ye sheriff take ye said Burnett's into custody till they enter into Bond with good security for their appearance at next Court to answer the said complaint.

1728 Nov 19 . OS 7:269. On information of Samuel Farguson, Thomas Hardy, James Jones & John Edmondson, we find that Francis Brown & John Griggs of Southfarnham Parish was guilty of a breach of the peace of our SOVEREIGN LORD THE KING on the 2nd day of this instant by threatening Samuel Farguson, CONSTABLE & RESCUING JOHN BURNETT WHOM HE HAD THEN IN HIS CUSTODY by virtue of a warrant granted by Alex. Parker, Gent on information of William Cox Jr...we find JOHN BURNETT guilty of a breach of the peace by beating & threatening TO TAKE AWAY THE LIFE OF SAID COX...

No other record of JOHN & THOMAS BURNETT in Essex County until 1743, some 15 years later. But over in adjoining Caroline County and Goochland County, a John and Thomas suddenly appeared in those records, and are probably the same men as the Essex County records reveal. They left town for awhile, only to become involved in trouble there also.

1732 Oct 12 - Caroline Co, Va - OB (1732-1740), p. 44. Our Sovereign the King vs JOHN BURNETT.

1733 March Court - Goochland Co, Va - OB 3:231. In this action of debt between William CHAMBER LAYNE & JOHN BURNETT & WILLIAM BURNETT, the defendant JOHN BURNETT being in custody of the sheriff for want of special bail. John Burnett confesses judgment unto the plaintiff for 10 lbs, 4 sh. & 6 pence sterling money in Bills of Exchange. To be discharged on the payment of 2.2.3 like money with interest thereon after the rate of 6X per annum FROM THIS 4 OCT 1729 with costs & fees. [John Burnett's last record in Essex County was 19 Nov 1728; The Chamber layne/Chamber lain family were neighbors in Essex and other counties of Virginia].

1733 Apr 11 - Caroline Co, Va - OB (ibid) p. 65. Our Lord the King agt. JOHN BURNETT -Indictment.

1733 July 12 . ibid, p. 96. Petition: Benjamin Rennolds against JOHN BURNETT - Judgment for Plaintiff of 344 lbs tobacco.

1736 July Court - Goochland Co, Va - OB 4:100. JOHN BURNETT vs Wm. Epperson, dismissed; JOHN BURNETT ordered to pay Joseph Dobbs witness fees.

1737 Nov Court - Goochland Co, Va - OB 4:13. Grand Jury indicts JOHN BURNETT for profane swearing.

Essex County, Va - records:

1746 May 21 - DB 0-24:52. Whereas JOSEPH BURNETT & Ambrose Jones are security for Ann Piles, wife of Samuel Piles but formerly widow of Richard WilIiams, for said Ann's faithful Admr. of the Orphans Estate, now said Samuel Piles, James Gatewood & JOHN BURNETT are sureties for JOSEPH BURNETT & Jones in sum of 400 lbs sterling money of GREAT BRITAIN. [This was a very large estate & Joseph Burnett & Ambrose Jones could not cover the Bond without assistance from the others].

1741 Nov 17 - DB 14:112-3. JOHN BURNETT & James Gatewood, Jurors on Grand Jury.

1741 Dee 20 - OB 14:229. It is ordered that JOHN BURNETT, JOSEPH BURNETT, Waters Dunn & John Corie, or any 3 of them (being first sworn) before a Justice of Peace, do appraise the estate of Francis Allwood, dec'd. Admr. is granted to James Gatewood together with John Farguson & Richard JOHNSON his securities.

1748 July 21 - OB 14:159. John Moore agt. John CHAMBERLAIN.. trespass, assault & battery. on Grand Jury: John Farguson Foreman: JOHN BURNETT, JAMES GATEWOOD, THOMAS GATEWOOD, Thomas Haile, Waters Dunn...

1749 Sept 19 - Essex OB 14:398. JOHN BURNETT is appt. overseer of the Roads in the room & precinct of John Boughan & it is ordered that the said Burnett do with the male laboring tlthables & keep the same in repair.

1750 Aug 22 - OB 14:162. William Fretwell against RICHARD BURK & JOHN BURNETT...came the said Fretwell by his Atty., James Jones & said Burk & Burnett having been arrested & although solemnly called, now failing to appear & answer the said Suit, order is granted to Fretwell against Burk & Burnett & John Hayes & Thomas Edmondson Junr., their securities for damages which he shall at the next Court to be held, make appear he that sustained by reason of the said Burk & Burnett their not performing of the promise & assumption in the declaration mentioned & also for his costs in that Suit to be adjudged to him, unless the said Burk & Burnett shall then appear and answer said Suit. [Note: Richard Burk was son of Thomas Burk of Essex. Richard's daughter Mary Burk m'd 1/ Richard Meador; 2/ John Burnett of Nelson Co, Ky].

1751 Feb 20 - OB 14:230-1. William Fretwell against RICHARD BURK & JOHN BURNETT [same as above, plus]: It is ordered that a Writ of Enquire be appt. at next Court.

1751 Mar 21 - OB 14:274-5. Wm. Meredith agt. JOHN BURNETT & John Boughan, in debt...this day came Thomas William by John Martin, his Atty, & the said JOHN BURNETT & Boughan having been arrested & although called non-failing to appear & answer the Suit...Waters Dunn, security for said Boughan to pay costs adjudged to him unless JOHN BURNETT shall appear & answer charges.

1751 Apr 12 - OB 17:164. Fretwell vs RICHARD BURNETT & JOHN BURNETT..by virtue of this Writ, I have taken the within BURNETT whose body I have ready to satisfy the within Fretwell for the debt & damages of 24 pounds.

1751 July 16 - OB 17:11, 47. Jurors: JOHN BURNETT, JOSEPH BURNETT, Forest Upshaw..; Wm. Meredith agt. JOHN BURNETT & John Boughan..the deft., came this day & ordered to pay the sum of 56 lbs current money.

1752 Sept 26 - OB 18:190. Wm. Roane, Gent, against JOHN BURNETT, petition by acct. of 4.2 current money..said BURNETT came into Court & confessed that the sum of 4 lbs, 2 shillings is justly due from him to Roane..there fore it is considered by the Justices that Roane recover his costs & debt.

1752 Oct 18 - DB 18:244. Samuel McCall aqainst JOHN BURNETT..case of trespass. Jurors were called to enquire of the damages sustained by said McCALL by reason of said Burnett..damages of 18 lbs 6 sh. & 1 penny current money. Henry Purkins came & entered himself special bail for Burnett.

1753 Sept 18 - DB D-26:3O8-311. MORTGAGE: JOHN BURNETT of Essex County. planter to JAMES McCALL...Burnett mortqaqes the overplus of the followinq slaves after the executions. they are now under, are satisfied: Mortqaqe for 55 lbs. 17 shillinqs. 2 pence. SLAVES: Frank. Ben. Dick. Catey. Nan. Dinah. Aqqy. Jacob. Cloe. Juda. ISAAC. Jean. Milly. Lette. and all their increase..ALSO: 5 feather beds. 2 horses. 15 cattle. all the corn & tobacco now qrowinq. Wit: Thomas Roane, Archibald McCall, Robert Loury, Uilliam Noel.

1753 Dec 8 - DB D-26:417. MORTGAGE: JOHN BURNETT TO JAMES McCALL...for 14 lbs. 11 sh.. 5 pence (to meet execution of Morice Kniqht aqainst ME & Thomas Haile. mortqaqes 245 ACRES FORMERLY BELONGING TO JOHN BURNETT SENR. & GIVEN TO ME BY HIS LAST WILL & TESTAMENT. layinq on Piscataway Creek joininq John Bouqhan. Thomas Burk. JOSEPH BURNETT. JOHN BURNETT JUNR.. & Oliver Howard. Wit: Thomas Roane. Archibald McCall. BENJAMIN BURNETT. [Note: here we have John Burnett III, John Burnett Senr, Joseph Burnett, John Burnett Junr. IV, Benjamin Burnett.

1754 Jan 15 - OB 19:331. Thomas Edmondson, Gent, against JOHN BURNETT, case of trespass.

1754 May 22 - ESSEX LAND TRIALS - 1741-1760, pp. 150-151. JOHN DOE vs AARON ROE: [Note: This was the period of pseudonyms as some did not want their names posted on the dockets of the Court House steps. So to keep their identity unknown. as much as possible. they gave fictitious names. "John Doe" was actually James McCall and "Aaron Roe" was JOHN BURNETT. The Suit was in regards to JOHN BURNETT, SON OF JOHN BURNETT SENR.. who had farmlet or leased 246 acres of his inheritance because of financial problems to "John Doe" for 7 years. Burnett ejected him before his term expired]. "...came John Doe by John Martin his attorney who brought his Bill aqainst AARON ROE in these words to wit: John Doe complains of AARON ROE in custody that whereas JAMES McCALL. the 1st day of March IN THE YEAR OF THE REIGN OF OUR SOVEREIGN LORD GEORGE. II. NOW KING OF GREAT BRITAIN. FRANCE & IRELAND. KING DEFENDER OF THE FAITH. at the Parish of Southfarnham had devised and to farmlet unto said Doe. 246 acres from 1st of March for a term of 7 years & did with force & arms. entered JOHN BURNETT & ejected said Doe from his farm..his term then not yet ended...ejected & removed him against the peace to the damage of 50 pounds sterling."

"I served JOHN BURNETT with the above copy of the written ejectment on the land mentioned & the premises of Thomas Roane"...JOHN BURNETT appeared & entered himself Defendant & confessed entry & auster & took defense of the title to the premises Upon himself...& saith he is not guilty of the trespass & ejectment as John Doe has complained..."

1754 June 19 . A Jury with John Upshaw the foreman...says JOHN BURNETT IS GUILTY OF TRESPASS...said Doe to recover his term yet to come in the tenements aforesaid..At which time the plaintiff Doe produced a DEED OF MORTGAGE FROM JOHN BURNETT TO HIM, which is in these words: "This Indenture made 8 December 1750 [Indenture was dated 8 Dec 1753] between JOHN BURNETT, Planter of Essex County to James McCall, MERCHANT of said County [See June & Oct 1752 . Samuel McCall, merchant of GLASGOW, for ye consideration of ye sum of 14.11.5, Mr Thomas Roane for execution of Morrice Knight against me & Thomas Haile bearing date, 20 Sept 1753, also a book account for SUNDRY GOODS received 1 September 1753 amounting to in cash of 10 pounds, 4 sh. & 3 pence ye receipt of both which payments I hereby acknowledge; Also said McCall requested of said BURNETT hath become bound unto Thomas Roane for a Suit of John Clements, Gent, for 24 lbs, dated 30 Nov 1753...Now Burnett in consideration of above 2 sums of money: 14.11.5 and 10.4.3 and for John Clements Suit of 44 lbs, the said McCall is being Security & for paying the above sums...BURNETT MORTGAGED TO JAMES McCALL THAT TRACT OF LAND FORMERLY BELONGING UNTO JOHN BURNETT SENR.. & GAVE TO ME BY HIS last WILL & TESTAMENT & LAYING UPON & NEAR PISCATAWAY CREEK & bounded by John Boughan, Thomas Burk, JOSEPH BURNETT, JOHN BURNETT. JUNR., & Oliver Howard...246 acres & all ye houses, EDIFICES...shall be clear & free of ye payment of money, then the estate granted, shall cease. /s/ JOHN BURNETT. Wit: Thomas Roane, James Campbell, Archibald McCall, BENJAMIN BURNETT.

1758 May 16 . OB 22:195. JOHN BURNETT vs WATERS DUNN...dismissed, agreed. [Note: The above case against Waters Dunn, and the ones hereafter shown, are in regards to the slaves bequeathed to JOHN BURNETT'S WIFE, CATHARINE NEWBILL BURNETT, by her grandmother, Mary Billington. Benjamin Burnett mentions this Suit in his Will; see 19 May 1762 where John won the case agt Dunn].

1759 June 20 . OB 23:21. Charles Dobbyons vs JOHN BURNETT...motion awarded against Burnett.

1759 June 20 . OB 23:23. Archibald Ritchie vs JOHN BURNETT...Burnett did not appear; plf. awarded 2.14.9 & 63 lbs tobacco.

1759 Sept 18 . OB 23:103. Charles Dobbyns vs JOHN BURNETT..came the parties by their attys & Burnett saith he doth not DETAIN THE NEGROES in the declaration..we the Jury find for the plf., the 2 negroes within mentioned: JUDY of 100 lbs value; RUTH of 50 lbs value.

1761 June 16 . OB 23:332. JOHN BURNETT vs WATERS DUNN..Burnett came to Court with his Atty, John Temple & Dunn being arrested & failing to appear although thrice called..therefore granted the plf. Burnett agt. deft. & Wm.Dunn & Wm.Dunn, the younger, his common bail for his damages which he hath sustained.

1762 May 19 . OB 24:114. JOHN BURNETT vs WATERS DUNN..came the parties by their attys & the jurors of 12 Good & lawful men beinq elected..Burnett to recover 195.11.3 against Dunn. [Note: Waters Dunn took the slaves with him when he moved first to Henry County, Va, then to Georgia. Even though John Burnett won the case, execution of the case was not solved. Benjamin Burnett wrote in his will over 30 years later, bequeathing part of the slaves that his children should have IF RETRIEVED!]

1768 Dec 12 - ESSEX CO.VA - DB 0-30:249-252 JOHN BURNETT & WIFE CATY OF COUNTY OF MECKLENBURG sold-to Archibald Ritchie of Essex CountY..for 122 Ibs. 10 shillings...245 acres. bounded by land of JOSEPH BURNETT. JOHN BURNETT. John Boughan. Thomas Brooke..Wit: John Chamberlain. JOSEPH BURNETT. JEREMIAH BURNETT ... CATHARINE BURNETT relinquished dower made 12 Dec 1768 in Mecklenburg..Recorded 16 May 1769 in Essex Co.. (Note: The above land is the same that John Burnett mortgaged in 1750/3. the original Burnett Plantation held by the family for at least 90 to 100 years].

WILL of JOHN BURNETT Written: 22 July 1775 - Mecklenburg Co Va Proved: 13 Nov 1775 - Mecklenburg Co Va - WB 1:203-204 In the Name of God. Amen, this 22 day of July in the year of our Lord 1775-1, JOHN BURNT of Mecklenberg County, being in PERFECT HEALTH praised God do make this my last Uill & Testament as followeth, Imprimis:

1. 1-I give to my wife. CATHARINE BURNET during her life or widowhood all my Estate, real & personal & after her decease,
2. 2'1 give to my SON, JOHN BURNET, 1 negro wench named Jane.
3. 3-1 give to my SON. JAMES BURNET, 1 negro man Ned & 1 bed.
4. 4-1 give to my SON. NATHANIEL BURNET, 1 negro boy & 1 bed.
5. 5-1 give to my DAUGHTER, CATHARINE, 1 negro garl named Bet & 1 bed.
6. 6-1 give to my DAUGHTER, SALLY, 1 negro boy named David & 1 bed.
7. 7-1 give to my SON, BENJAMIN BURNET, 10 pounds current money.
8. 8-1 give to my DAUGHTER, RACHEL INSES, 10 pounds current money.
9. 9-1 give to my DAUGHTER, MARY JONES, 1 shilling sterling.
10. 10-1 give to my DAUGHTER, SUSANNA SMITH. 1 shilling sterling & 1 bed she now has.
11. 11-And all the rest & residue of my goods & chattels & personal Estate after payment of my debts, then the rest of my estate to be equally divided between JOHN BURNET, JAMES BURNET, NATHANIEL BURNET, CATHARINE BURNET & SALLEY BURNETT.
12. 12-And my wife, CATHARINE BURNET & my SON, JOHN BURNET whom I make Sole Executors of this my last Will & Testament.
13. 13-Witness: Edward Colley, Ellis ex) Fowler, Richard ex) BerrY.../sl JOHN BURNET.

1775 Nov 13 - At a Court held for Mecklenburg County, This Will was proved by the Oaths of EDWARD Colley & Ellis Fowler, witnesses thereto & ordered to be recorded & on the motion of CATHARINE BURNET & JOHN BURNET, the Executors therein named, who made oath thereto & together with William Hunt & Edward Goode, their Securities entered into & acknowledged Bond in the penalty of 1S00 pounds conditioned as the Law directs, Certificate was granted them for obtaining a Probate thereof in due form. John Brown, Court Clerk.

Sources

See also:

• Virginia Court Records
• The Burnetts and their connections, by June Baldwin Bork. Published 1989 by J.B. Bork in Apple Valley, Calif. (9375 Bella Vista Road, Apple Valley 92308)