John Herbert (aft.1627-1675) | WikiTree FREE Family Tree

John Herbert

Born after Nov 1627 in England

Ancestors

Son of Richard Herbert and Mary (Egerton) Herbert

Brother of Alicia (Herbert) Burrard, Florence Herbert and Edward Herbert PC

Husband of Mary (Bennett) Herbert — married about 1655 in Lower Norfolk County, Virginia

Descendants

Father of John Herbert and Richard Herbert

Died 1675 before age 47 in At Sea

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Profile last modified 12 Feb 2024 | Created 8 Mar 2014

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1 Biography
2 Return to Royal Colony
3 Children
4 Property
5 Wills
6 Research Notes
7 Sources

Biography

John Herbert was born about 1628 in England. John was a son of Richard Herbert and Mary Egerton.^[1]

His father was a member of Parliament in the House of Commons and also commanded a regiment of horse in the service of the king. Charles I. His parents were married in November of 1627. John's grandfather was Edward 1st Lord Herbert of Cherbury.

John Herbert son of Richard and grandson of Edward 1st Lord Herbert of Cherbury inherited 80 pounds in new gold from his grandfather in 1648.

From the will of his grandfather Edward 1st Lord of Herbert of Cherbury:

I doe give the summe of eightie pounds of the said summe of two hundred in new gold to my grand=sonne John Herbert John's father had been a loyal supported and defender of King Charles.

"By 1644 conditions in England had become difficult because of the Civil Wars... by 1650, many well to do Englishman, loyal to the Crown, fled to Virginia to escape the wrath of Cromwell's men.Some were so deeply involved politically that they assumed aliases..^[2]

John Herbert alias Wilkinson was in Lower Norfolk Co., Va., in 1649 when he signed a deed 15 Dec 1649 as John Wilkinson. :By 1650, many well-to-do Englishmen, loyal to the Crown, fled to Virginia to escape the wrath of [Cromwell's men]. Some were so deeply involved politically that they assumed aliases. Many who came to Virginia during Cromwell's period, 1649 - 1660, remained. The restoration of Charles II occurred in 1660.^[3]

A map of Virginia in 1652, showing counties and dates of their formation.

Return to Royal Colony

On May 29, 1660, the birthday of Charles II, that monarch returned to London and was restored to the throne of England. Word of the restoration was received in Virginia in the fall.

The Immigrant, John Herbert, alias John Wilkinson was a mariner.^[4]

Herbert In England & Virginia 1399 - 1900s by Alice Granbery Walter

JOHN HERBERT alias WILKINSON (C 117a) After the restoration, in 1664, John Herbert alias Wilkinson resumes his proper name of Herbert. (5 DB 160) 1664 - After che restoration JOHN H. alias WILKINSON resumeshis "true name name HERBERT (5 PB265)

b prob ca lf.28 (signed a deed in LNco

in 1649 so of age) wd 15 Jan 1669/70 wp 16 Apr 1675 In which he said "now bound out of this Country." (E 185a)

His will of 1669 was proved in court on 16 April 1675.

Lower Norfolk County, Virginia Deed Book E and page 185.

https://www.familysearch.org/ark:/61903/3:1:3QS7-99PX-FXKB?i=494&cat=370289

21 Jul 1667 - now know ye that I the sd SIR WM: BERKELEY Knt . ,Govr. &c Doe give and grant unto MR. JOHN HERBERT 1227 acres of land lying in the County of Lower Norfolk upon the West side of the SOUTHERNE Branch of Eliza River beginning at a marked pine standing upon a point and soe running SSW 396 po by the Maine riverside to the mouth of a creeke called Deep Creeke thence WNW 496 po up the said creek to a small creek called Goose Creek to a marked pine thence NNE 396 po to the land of JOHN MANNING soe ESE 496 po by DIN^LING? CREEK

and the River side to the first station. _^_, c ^u ■ ^ j u •

350 acres of this land being due unto the said JOHN HERBERT by patent beareing date the 1 Oct 1662 and 300 acres (350?) other parte thereof by pattent dated the 11 Mar 1664/5 and 527 acres the residue per trans;

of eleven persons: JNO: HORROD, ELIZ: BAI>1KES , JNO: SCOTT, GEO: GREEN, MARY GOODRICH, SUSAN POOLE, WM: GREEN, JM: WiVLLER, JNO: CLARKE, MARY JONES and JAMES HARLOW. (6 PB 220)

(NOTE: LONG CREEK was evidently very close, or in the middle of, JOHN HERBERT'S PATENT. There is one unnamed creek between DEEP CREEK and JULIAN'S CREEK - flowing east and west and emptying into the SOUTHERN BRANCH. AGW)

Children

John's wife, Mary Bennett was a "maid servant" of Capt. Thomas Willoughby (abt. 1592 - 1657). She had an illegitimate son with her master's son, Thomas Willoughby (1632 - 1672). This child was named Thomas Willoughby, (1654 - 1710) of the southern Branch. by his mother, Mary.

To confuse matters, about the time of Mary's son's birth, Thomas Willoughby (1632 - 1672) and his new wife, Sarah Thompson gave birth to a son, Thomas Willoughby III (abt. 1654 - abt. 1710). This family became known as the Willoughby's of Willoughby Spit

"In 1662 John Wilkinson is fined for not having his children baptised. "^[5]

Thomas Willoughby (adopted son of Mary Bennett)
John Herbert II
Richard Herbert

"John Herbert II, Richard Herbert and Thomas Willoughby are the sons of Mary Herbert, relict of John Herbert."

From the Church In Lower Norfolk Co., VA. Records: THE CHURCH IN LOWER NORFOLK COUNTY, VA (Lower Norfolk Co., VA Antiquary)

Record at r 16 die February Ao, 1662 Wee of ye Jury of Enquest doe prsent he whole

County in Genrall for breach of he Sabboth & Linhaven prish especially for not pvidinge a Reader though recomanded by Act of Assembly the breach of wch day we sappose is through want of sufficient & able ministers to teach & instruct us. Wee therefore hartely desire some speedy course may be taken therein that or great want may be suplied soe that Sectaries (if any be wthin he prcincts of or County may freely come) if not constrained to such place or places as shalbe appointed for ye true Worshipp & service of God. Wee for or parts oare ready & shalbe willinge to contribute thereunto to the uttermost of or abilities And doe hope yt he rest of the Inhabitants of the sd County Wilbe willinge to doe the Like

Item, wee doe prsent John Wilkinson for not havinge his Children baptized, who willfully and obstinately refuse the same.

Item, we prsent Richard Pinner for absentinge himselfe from ye Publique place appointed for the readinge of service.

Item, Wee prsent Richard Yates for the like

Item, Wee prsent Beniamin fforby for the like

Item, Wee prsent James Simmons for the like

Item, We prsent Robte Springe for the like

The Jury: Thomas fullcher foreman, William Capps, Richard Joanes, Thomas hardinge, James Thelaball, Geroge ffowler, George Ashwell,

These are all prsent to give in their prsentmts. At a Court held the ffifteenth day of June in the fifteenth yere of the Raigne of a Sor ainne Lord Kinge Charles the Second our England &c Anno dm 1663 Lower Norff Present ^[6]^[7]

Property

The property listed below is presently located in the Berkley section of Norfolk. Berkley was established in 1860 on land donated by Lycurgus Berkley. . Berkley is one of the oldest communities in Virginia. Its history began when the Herbert family of Lower Norfolk County received land grants at the junction of the Eastern and Southern branches of the Elizabeth River in 1644 and 1666. By the 1700s, the Herberts established a shipyard on what was later known as Berkley Flats. Berkley underwent several name changes from 1728 to 1890 including Powder Point, Ferry Point, and Washington Point. It was the seat of Norfolk County from 1790 to 1803.^[8]

Dated 11 Mar 1664/5 - Sir Wm: Berkeley. Knt. Gov grant unto JNO: WILKENSON 700 acres of land situate in ye County of Lower North folk (sic) :

"350 acres parte thereof being in ye SOUTHERN BRANCH of ELIZ. RIVER and beginning at a mkd pine and running for length No No West 320 po to a mkd oake standing by a Creek side called JULIANS CREEKE & soe downe ye Creeke side for bredth East No East 175 po to a mkd pine standing by ye branch side and soe againefor length So So East 320 po to a mkd pine and soe againe for bredth West So West 175 po to ye first menconed marked tree ( SAME LAND AS ABOVE 350 acres - 12 Mar 1651/2 )"and 350 acres, ye residue, lying on a Creeke called DEEP CREEKE being a branch of ye SOUTHERN BRANCH of ELIZABETH RIVER and is joyning to ye aforesaid devident beginning at a mkd pine soe running for length Westerly up DEEP CREEKE to a small Creeke called GOOSE CREEKE to a mkd pine 320 po and soe againe No for bredth 175 po butting on ye land of THO: WHITE & soe againe for length Easterly 320 po butting on his owne land & soe 175 po to ye first menconed mkd tree including or bounding ye said quantity of Land.

"The said land being due unto ye said JNO: WILKINSON as follows: 350 acres parte thereof being formerly granted unto sd WILKENSON by Patent dated ye 1 Oct 1661, and 350 acres ye residue being due by and for ye transportation of seven persons : ELIZ: COLLINS, JOS: B(ONS?), ELLEN GALLOP, ELIZ: HONES, THOMAS ABBOTT, JOHN MORLEY & JOSEPH MORLEY.

Written in the margin of this patent: "this pattent made in WILKENSONS name now made in HERBERTS being his true name he having assumed the name of WILKENSON falsly." WILKENSON 700 (acres) (5 PB 265) ^[9]

21 Jul 1667 - now know ye that I the sd SIR WM: BERKELEY Knt . , Govr. &c Doe give and grant unto

" MR. JOHN HERBERT 1227 acres of land lying in the County of Lower Norfolk upon the West side of the SOUTHERNE BRANCH of ELIZA: RIVER beginning at a marked pine standing upon a point and soe running SSW 396 po by the MAINE RIVERSIDE to the mouth of a creeke called DEEP CREEKE thence WNW 496 po up the said creek to a small creek called GOOSE CREEK to a marked pine thence NNE 396 po to the land of JOHN MANNING soe ESE 496 po by DINALING? CREEK and the River side to the first station. 350 acres of this land being due unto the said JOHN HERBERT by patent beareing date the 1 Oct 1662 and 300 acres (350?) other parte thereof by pattent dated the 11 Mar 1664/5 and 527 acres the residue per trans; of eleven persons: JNO: HORROD, ELIZ: BANKES , JNO: SCOTT, GEO: GREEN, MARY GOODRICH, SUSAN POOLE, WM: GREEN, JM: WiVLLER, JNO: CLARKE, MARY JONES and JAMES HARLOW. (6 PB 220) ^[10]

Wills

Information taken from "Herbert In England & Virginia 1399 -1900's" by Alice Granbery Walter. LDS 929.237 H415w.

15 Jan 1669 JOHN HERBERT alias WILKINSON apparently wrote this will in preparation for a sea voyage ... never to return. Not sure of his demise this will was never executed producing a quagmire of legal proceedings.

"In ye name of God Amen, I JOHN HERBERT being in perfect health and now bound out of this Country and not knowing how It may please God to dispose of me doe here make and declare this to be my last will and testament in manner and form following (viz) I give and bequeath unto:

my Sonne Jn: Herbert my Cleare land and houseing. and as much of the woodland adjoining to it as shall make up his Equall proportion amongst the rest of my wife's sonnes.

I give to ye rest of my wife's sonnes all ye remaining part of my land, equally to bee divided amongst them and to bee delivered to Each of them att the age of twenty-one yeares by me Executrix hereafter named and if that child my wife now goes with bee a boy then his share of the land to be equall to all the rest and In case that any of the aforesaid male children shall dye before they attayn to the age aforesaid or without (heirs) lawfully begotten, that then his or their part to returne to those that survive.

I give and bequeath to my well beloved wife Mary Herbert one third part of my estate both personall and reall, that is to say ye third Part of my Reall Estate is butt for her and during her natural life, I give and bequeath the other two thirds of my personal estate to bee (ink blot) divided amongst all my wife's children that now Is living to bee delivered unto them att their Respective ages or the day of their marriage and in case any of them dye during their minority then his or their part

to Returne to the the Rest of the sd children, and I doe

further appoint my well beloved wife to bee my sole Exequetrix to see this my last will and testament performed when it shall please God to take mee out of this wicked world to restore mee to his mercy in witness whereof to all ye above written I have hereunto sett my hand and seale this 15 Jan 1669.

Signed: JOHN HARBURD & SEALE (E p 185a LNc)^[11]

1679 - In his will JOHN HERBERT II leaves his land to sonne JOHN and if the child in esse be a boy then he is to have the other half. (the child in esse was THOMAS) He empowers his brother (1/2 bro.) THOMAS WILLOUGHBY to see that his children are not wronged. (4 DB 50a LNc) ^[12]

JOHN HERBERT II is deceased and his children are living with HENRY DALE. The division was made according to the will of JOHN HERBERT alias Wilkinson :

1/3 to the orphans of JOHN HERBERT II son & heire of JOHN SR. both deceased, now living with HENRY DALE.

1/3 to RICHARD HERBERT (the child in esse in 1669)

1/3 to THOMAS WILLOUGHBY (this is the record with the will that proves his parentage.) ^[13]

1682 - Estate divided "according to his will" between children of JOHN HERBERT . RICHARD HERBERT and THOMAS WILLOUGHBY. In his will he left his lands Co be divided between "all of my wife's sons"

'"19 Jun 1682 - Recorded 15 Aug 1691 - DIVISION OF LAND OF JOHN HERBERT

Know all men by these presents that HENRY DALE and THOMAS WILLOUGHBY Doe firmly bind themselves each to the other in the some of 10,000 tobacco and caske to bee payd by that party that shall in any wise molest the other by comencing any suite of Law of Causeing any Difference about the lands left by JNO: HERBERT SENR: Deed after they are layd out and divided by the Respective men heareafter nominated and the said tobacco to bee paid upon Demand by the person raakeing Defalt therein. In witness whereof we have hereunto sett our hands and seales this 19 Jun 1682.

The condition of the obligation is such that whereas there hath beene a difference betwixt the above said DAILE & WILLOUGHBY about Land and beingrainded to putt a perid to all Controversies about that they have agreed to make choyce of and Doe Chuse JOHN BIGGS, JNO: EVERIDGE, JOHN MANNING and ROGER HODGIS to make Division of the said Land according to the said JNO: HERBERT SENR: his will into three parts and what the said parties shall Doe in and about (missing) to the said Divident to bee deemed firm and valied in Law (missing) any Contradiction of (missing) agst the said DALE and WILLOUGHBY and that the said parties Doe make a full Determination of the Differences In that nature betwixt them to whose Judgmts Acts and -(can't read)- i£ the said HENRY DALE and THOMAS WILLOUGHBY Doe Stand too hold and keep then this bond to bee voyd or else to bee in full force power and vertue. WIT: JNO: FEREBEE HENRY (MARK) DALE & SEALE

ROBERT (R) TUCKER THO : WILLOUGHBY (MARK) & SEALE ^[14]

Mar 1691/2 wp 15 Jan 1693/4 - Nun-will of RICHARD HERBERT who did give all of his estate to his brother (1/2 bro.) THOMAS WILLOUGHBY( 5 DB 231 Nc) (NOTE: The division dated 1682 was not recorded until 5 months after this RICHARD'S death. THOMAS WILLOUGHBY was considerably older than his half brothers and probably took the place of their father when he left the country in 1669 and apparently never returned.( AGW) (5 DB 231 Nc) ^[15]

14 Nov 1698 - JOHN HERBERT'S (III) (heir of his grandfather and father, JOHN HERBERT I & II both deed.) deed to THOMAS WILLOUGHBY SR. according to the will of his grandfather dated 15 Jan (Mutilated). JOHN HERBERT is selling land according to the"true intent and meaning" (6 DB 143 Nc) ^[16]

19 Nov 1698 THOMAS WILLOUGHBY 's deed to COZEN (1/2 nephew) JOHN HERBERT II Selling land that was supposed to be given (mutilated) dated 15 Jan 1669

(this date is the date of JOHN HERBERT I's will) (6 DB 144 Nc) ^[17]

NOTE: The 1669 will and the 1682 Division of JOHN HERBERT'S property prove that MARY BENNETT was the mother of JOHN & RICHARD HERBERT as well as the mother of THOMAS WILLOUGHBY, their half-brother. (AGW)

Research Notes

Sidney Lee's DNB article on this creation of the title says John's supposed parents Richard Herbert and Mary Egerton had two sons Edward and Henry, and 4 da.; Florence or Florentina who m. a cousin Richard Herbert of Dolguog and Frances m. William Brown of Weston.

However, the source The Montgomeryshire collections. v.7 1874. says they had 4 sons, naming only Edward and Henry. This particular volume is about 'Herbertiana'.

Walter makes it clear that John was well known to his family in England, inherited a very modest sum from his grandfather in 1648 and was living under an alias until the restoration. John Herbert I son John II had children, his brother Richard apparently didn't, willing property to their half-brother Thomas Willoughby, who is currently a gateway ancestor. She doesn't name John II's children other than they were orphans living with a Henry Dale.

Mosley, Charles, editor. Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes. Wilmington, Delaware, U.S.A.: Burke's Peerage (Genealogical Books) Ltd, 2003.

BP2003 volume 2, page 2038 is referenced as a primary source for information on John Herbert.