(Patent Book No. 6, p. 230) 17 Apr 1669. Mr. Amory BUTLER, 280 acs, New Kent Co., upon head br of Hartquake Sw., on N. side of Mattapony Riv., Running to Bridge Sw., a br. of Peanketank Sw, Trans. of 6 pers: Geo. UPTON, Willam GROVES, Arth. BROMLEY, Ambro. BINGHAM, Wm. RAVEN, Susan DODD (C&P II, p. 59)
9 Feb 1673/4 - 1 Jul 1674 (Rappahannock Deeds, Wills 5:227-229) Amory BUTLER, Minister of the Gospel of Jesus Christ now Inhabitant of the Countie of Rappahannock in Virginia for the indemnity, discharge and saving harmless of me, Mr. George JONES and Mr. William MOSSE and every of our heirs Executrs. and assigns and every of them from all manner or binds writings, obligations whatsoever wherein we … are bound or they for me… to any persons within the Colony of Virginia on Account of ye Estate of Collo. John CATLETT deceased as also for diverse other good causes and considerations me thereunto moving by these prnts doe give and make over unto my loving kinsman William UNDERWOOD of the same County all leases, lands, goods and Chattels whatsoever as well Real as prsonell of what kind nature quantity or condition soever the same are of be and in what place soever the same shall or may be found as well in my owne Custody and possession as of any other persons whatsoever excepting my Books wearing apparel and parochiall dues within this Colony aforesaid To have and to hold all and singular the said lands leases goods and chattells… to the said William UNDERWOOD and his heirs and assigns forever to his and their own proper use and behoofe and I the said Amory do hereby further freely and willingly surrender and deposit into the hands of the said William UNDERWOOD all that part of the third of Collo. CATLETTS Estate late of this County left in my hands by his Relict Elizabeth since my Lawfull wife but late deceased to remain in my hands to whom she gave the profitts thereof with certain provisoes in her Will exprest as thereby will more at large appears till her children to be to certain ages to have each their several parts of the said thirds or what shall remain in myne or his hands after the Estate of Collo. CATLETT shall be first made good out of the same which said profitts I doe hereby give unto the said William UNDERWOOD and his heirs forever and together with the premises I doe give upon consideratin that he accepts of the Thirds and pformes the covenants hereafter mentioned, that is to say Provided that the said UNDERWOOD his heirs and assigns shall and do from time to time and at all times hereafter acquit and discharge or otherwise sufficiently save and keep harmless me the said Amory my heirs and particularly the said George JONES and William MOSSE together with their heirs who became Security for me in regard of the Estate of Collo. John CATLETT of and from all and singular… which shall or may in any wise hereafter happen to or against the said Amory. George JONES and William MOSSE his Securities four mentioned by reasons of any the … and that the said UNDERWOOD doe according to the Will of the afour mentioned Elizabeth BUTLER late deceased deliver to each of her Children there part of the said Thirds if any shall remain in his hands after the said John CATLETTS Estate shall be made good and further yt the said UNDERWOOD doe by himself his heirs or assigns pay to the said Amory (BUTLER marked out) or his ordere in the term of tenn years by equall portions Twelve thousand pounds of good sound merchantable Tobacco and Cask to contain the same with Convenience on the Rises of Rappahannock and the first payment to be made the 10th of November … 1674… [next] in pformance of all and singular the premises we have mutually sett our hands and seals this 9th day of February in ye year of our Lord 1673.
s/Amory BUTLER, William UNDERWOOD, Sn. Teste. W. MOSELEY, Richard CAWTHORNE. Recognitr in Cur Com Rappahannock primo die July 1674. (Old Rappahannock Co, VA Records, 1672-1676, Part II, Sparacio)
The added proviso re Warwick CAMMOCK and the 600 acres was quickly rectified:
Feb 1673/4 (Rappahannock Deeds, Wills Book 5:229-30) Amory BUTLER of the County of Rappa. Clerk doe hereby acknowledge that it is the true his intent and meaning of the within instrument & it is hereby intended that amongst the land and lease therein mentioned the Six hundred acres purchased by me of Mr. Warwick CAMMOCK is thereby intended and whereby conveyed and made over upon the Conditions & according to the tennor of the said instrument though the same be not yett acknoweldged to me by the said CAMMACK what said Six hundred acres I do hereby confirm and Warrent to the said UNDERWOODE and his heirs forever together with all appurtenances… and doe further oblige myselfe or my heirs or assigns to build on the said land one Thirtie foot house with a sheade at each end, two outside chimneys on the broadside and to Planck one Rowme and this at my charge and further it is meant and intended in that article of the said Instrument wherein the said UNDERWOOD is bound to make good all damages and bear all charges and expenses and bear harmless me the said Amory and Securities in all things concerning the whole or thirds of Coll. CATLETTS Estate that it is meant what charges or damages shall hereinafter come only Excepting such fees as are already due to Officers living out of the Countie of Rappahannock and that he the said UNDERWOOD do pay and discharge all dues and demands due from me on the account of the said CATLETTS estate and that is further to say the said UNDERWOOD is to have and possess all such goods lands and nay estate usuall or psonall mentioned in the within Instrument on consideration he discharge me of and pay for me and my Securities all debts charges and damages and demands whatsoever that are already or shall be due from me and my said Securities for conveying the said CATLETT'S Estate or Wifes thirds as Witness my hand and seal this ( ) day of Febry 1673/4. s/Amory BUTLER. Test. W. MOSELEY, Richard CAWTHORNE. Recognitr in Co Com Rappahannock primo die Jul 1674. (ibid.)
Note: It appears that the above action served not only to relieve the Rev. Amory BUTLER of his responsibilities to Elizabeth's estate, but also to secure for himself a living for the next ten years. It is also possible that, although not so stated, that he was pressured into signing these documents due to some problem with his administration of Col. John CATLETT'S very large Estate, and/or his wife's thirds of same. Also note that the above George JONES was the h/o Honoria UNKNOWN, widow of John WARE (See Burroughs-Ware-Vassall Families and Cammock Families ). Amory's "loving kinsman, William UNDERWOOD," was his wife's nephew, William UNDERWOOD, Sr., who was also Amory's brother-in-law by virtue of his marriage to Mary BUTLER, Amory's sister, as is evidenced by Amory's will:
11 Aug 1678 - 29 Jan 1678/9 (Rappa. Records, 1677-1682, pp. 113-4) Will of Amory BUTLER of the Parish of Sittingbourne, County of Rappa… all my Books, Sermon Noats and papers to my loveing Brother Mr. Wm. BUTLER, Ministr. of Washington Parish [Westmoreland County]… all my wearing Cloaths Linnen and Wollen to my Brother John BUTLER… unto Valentine ALLEN sixty pounds of Tobaccoe in leiu of a paire of Shooes I owe him… unto my Godson, Wm. PANNELL, one Bible and likewise on Bible to my Godson CAWTHORNE… to my Brother John BUTLER aforesaid, two thousand pounds of Tobacco and cask… All my other Estate I give and bequeath unto my Godson and Nephew John UNDERWOOD… Executor Daniel GAINES… to be Refferring… to the Assistance of my Brother Wm. UNDERWOOD…ordring that Mr. Samll. BLOMFIELD … be first satisfied out of my Estate for mine & my Brother John BUTLERS Accomodation at his house… unto my Execr… his choice of any three Bookes in my Studio… this xith day of August Anno. Dom 1678. S/Amory BUTLER; Wits: Samll. BLOOMFIELD, Lawr: ROCHEFORT. Recordat. xx9th Janrii Ano 1678/9. (Old Rappahannock Vol. 1677-82, Part I, Ruth and Sam Sparacio, Antient Press, McLean, VA, pp. 35-6)
The above will is very specific that William UNDERWOOD was the 'brother' of Amory BUTLER, and that John UNDERWOOD was his nephew. This will, in conjunction with the earlier deeds, would appear to refer to William UNDERWOOD, Sr., son of Col. Wm. and Mary (BURTON? MOSELEY?) Underwood. He is most certainly not referring to the Col. Wm. UNDERWOOD who had been deceased for over twenty years when this will was written, and who also does not appear to have had a son named John whereas the eldest son of William UNDERWOOD, Sr. was named John. Confusion has arisen in the past due to the Rev. BUTLER'S late wife, Elizabeth, also having been an UNDERWOOD - and the sister of the Colonel; however, this will appears to document that Mary, wife of William UNDERWOOD, Sr., was the Rev. BUTLER'S sister rather than Elizabeth, relict of Col. William UNDERWOOD, and later wife of Archdale Combs.
9 Feb 1673/4 - 1 Jul 1674 (Rappahannock Deeds, Wills 5:227-229) Amory BUTLER, Minister of the Gospel of Jesus Christ now Inhabitant of the Countie of Rappahannock in Virginia for the indemnity, discharge and saving harmless of me, Mr. George JONES and Mr. William MOSSE and every of our heirs Executrs. and assigns and every of them from all manner or binds writings, obligations whatsoever wherein we … are bound or they for me… to any persons within the Colony of Virginia on Account of ye Estate of Collo. John CATLETT deceased as also for diverse other good causes and considerations me thereunto moving by these prnts doe give and make over unto my loving kinsman William UNDERWOOD of the same County all leases, lands, goods and Chattels whatsoever as well Real as prsonell of what kind nature quantity or condition soever the same are of be and in what place soever the same shall or may be found as well in my owne Custody and possession as of any other persons whatsoever excepting my Books wearing apparel and parochiall dues within this Colony aforesaid To have and to hold all and singular the said lands leases goods and chattells… to the said William UNDERWOOD and his heirs and assigns forever to his and their own proper use and behoofe and I the said Amory do hereby further freely and willingly surrender and deposit into the hands of the said William UNDERWOOD all that part of the third of Collo. CATLETTS Estate late of this County left in my hands by his Relict Elizabeth since my Lawfull wife but late deceased to remain in my hands to whom she gave the profitts thereof with certain provisoes in her Will exprest as thereby will more at large appears till her children to be to certain ages to have each their several parts of the said thirds or what shall remain in myne or his hands after the Estate of Collo. CATLETT shall be first made good out of the same which said profitts I doe hereby give unto the said William UNDERWOOD and his heirs forever and together with the premises I doe give upon consideratin that he accepts of the Thirds and pformes the covenants hereafter mentioned, that is to say Provided that the said UNDERWOOD his heirs and assigns shall and do from time to time and at all times hereafter acquit and discharge or otherwise sufficiently save and keep harmless me the said Amory my heirs and particularly the said George JONES and William MOSSE together with their heirs who became Security for me in regard of the Estate of Collo. John CATLETT of and from all and singular… which shall or may in any wise hereafter happen to or against the said Amory. George JONES and William MOSSE his Securities four mentioned by reasons of any the … and that the said UNDERWOOD doe according to the Will of the afour mentioned Elizabeth BUTLER late deceased deliver to each of her Children there part of the said Thirds if any shall remain in his hands after the said John CATLETTS Estate shall be made good and further yt the said UNDERWOOD doe by himself his heirs or assigns pay to the said Amory (BUTLER marked out) or his ordere in the term of tenn years by equall portions Twelve thousand pounds of good sound merchantable Tobacco and Cask to contain the same with Convenience on the Rises of Rappahannock and the first payment to be made the 10th of November … 1674… [next] in pformance of all and singular the premises we have mutually sett our hands and seals this 9th day of February in ye year of our Lord 1673.
s/Amory BUTLER, William UNDERWOOD, Sn. Teste. W. MOSELEY, Richard CAWTHORNE. Recognitr in Cur Com Rappahannock primo die July 1674. (Old Rappahannock Co, VA Records, 1672-1676, Part II, Sparacio)
The added proviso re Warwick CAMMOCK and the 600 acres was quickly rectified:
Feb 1673/4 (Rappahannock Deeds, Wills Book 5:229-30) Amory BUTLER of the County of Rappa. Clerk doe hereby acknowledge that it is the true his intent and meaning of the within instrument & it is hereby intended that amongst the land and lease therein mentioned the Six hundred acres purchased by me of Mr. Warwick CAMMOCK is thereby intended and whereby conveyed and made over upon the Conditions & according to the tennor of the said instrument though the same be not yett acknoweldged to me by the said CAMMACK what said Six hundred acres I do hereby confirm and Warrent to the said UNDERWOODE and his heirs forever together with all appurtenances… and doe further oblige myselfe or my heirs or assigns to build on the said land one Thirtie foot house with a sheade at each end, two outside chimneys on the broadside and to Planck one Rowme and this at my charge and further it is meant and intended in that article of the said Instrument wherein the said UNDERWOOD is bound to make good all damages and bear all charges and expenses and bear harmless me the said Amory and Securities in all things concerning the whole or thirds of Coll. CATLETTS Estate that it is meant what charges or damages shall hereinafter come only Excepting such fees as are already due to Officers living out of the Countie of Rappahannock and that he the said UNDERWOOD do pay and discharge all dues and demands due from me on the account of the said CATLETTS estate and that is further to say the said UNDERWOOD is to have and possess all such goods lands and nay estate usuall or psonall mentioned in the within Instrument on consideration he discharge me of and pay for me and my Securities all debts charges and damages and demands whatsoever that are already or shall be due from me and my said Securities for conveying the said CATLETT'S Estate or Wifes thirds as Witness my hand and seal this ( ) day of Febry 1673/4. s/Amory BUTLER. Test. W. MOSELEY, Richard CAWTHORNE. Recognitr in Co Com Rappahannock primo die Jul 1674. (ibid.)
Note: It appears that the above action served not only to relieve the Rev. Amory BUTLER of his responsibilities to Elizabeth's estate, but also to secure for himself a living for the next ten years. It is also possible that, although not so stated, that he was pressured into signing these documents due to some problem with his administration of Col. John CATLETT'S very large Estate, and/or his wife's thirds of same. Also note that the above George JONES was the h/o Honoria UNKNOWN, widow of John WARE (See Burroughs-Ware-Vassall Families and Cammock Families ). Amory's "loving kinsman, William UNDERWOOD," was his wife's nephew, William UNDERWOOD, Sr., who was also Amory's brother-in-law by virtue of his marriage to Mary BUTLER, Amory's sister, as is evidenced by Amory's will:
11 Aug 1678 - 29 Jan 1678/9 (Rappa. Records, 1677-1682, pp. 113-4) Will of Amory BUTLER of the Parish of Sittingbourne, County of Rappa… all my Books, Sermon Noats and papers to my loveing Brother Mr. Wm. BUTLER, Ministr. of Washington Parish [Westmoreland County]… all my wearing Cloaths Linnen and Wollen to my Brother John BUTLER… unto Valentine ALLEN sixty pounds of Tobaccoe in leiu of a paire of Shooes I owe him… unto my Godson, Wm. PANNELL, one Bible and likewise on Bible to my Godson CAWTHORNE… to my Brother John BUTLER aforesaid, two thousand pounds of Tobacco and cask… All my other Estate I give and bequeath unto my Godson and Nephew John UNDERWOOD… Executor Daniel GAINES… to be Refferring… to the Assistance of my Brother Wm. UNDERWOOD…ordring that Mr. Samll. BLOMFIELD … be first satisfied out of my Estate for mine & my Brother John BUTLERS Accomodation at his house… unto my Execr… his choice of any three Bookes in my Studio… this xith day of August Anno. Dom 1678. S/Amory BUTLER; Wits: Samll. BLOOMFIELD, Lawr: ROCHEFORT. Recordat. xx9th Janrii Ano 1678/9. (Old Rappahannock Vol. 1677-82, Part I, Ruth and Sam Sparacio, Antient Press, McLean, VA, pp. 35-6)
The above will is very specific that William UNDERWOOD was the 'brother' of Amory BUTLER, and that John UNDERWOOD was his nephew. This will, in conjunction with the earlier deeds, would appear to refer to William UNDERWOOD, Sr., son of Col. Wm. and Mary (BURTON? MOSELEY?) Underwood. He is most certainly not referring to the Col. Wm. UNDERWOOD who had been deceased for over twenty years when this will was written, and who also does not appear to have had a son named John whereas the eldest son of William UNDERWOOD, Sr. was named John. Confusion has arisen in the past due to the Rev. BUTLER'S late wife, Elizabeth, also having been an UNDERWOOD - and the sister of the Colonel; however, this will appears to document that Mary, wife of William UNDERWOOD, Sr., was the Rev. BUTLER'S sister rather than Elizabeth, relict of Col. William UNDERWOOD, and later wife of Archdale Combs.
(Patent Book No. 6, p. 230) 17 Apr 1669. Mr. Amory BUTLER, 280 acs, New Kent Co., upon head br of Hartquake Sw., on N. side of Mattapony Riv., Running to Bridge Sw., a br. of Peanketank Sw, Trans. of 6 pers: Geo. UPTON, Willam GROVES, Arth. BROMLEY, Ambro. BINGHAM, Wm. RAVEN, Susan DODD (C&P II, p. 59)
9 Feb 1673/4 - 1 Jul 1674 (Rappahannock Deeds, Wills 5:227-229) Amory BUTLER, Minister of the Gospel of Jesus Christ now Inhabitant of the Countie of Rappahannock in Virginia for the indemnity, discharge and saving harmless of me, Mr. George JONES and Mr. William MOSSE and every of our heirs Executrs. and assigns and every of them from all manner or binds writings, obligations whatsoever wherein we … are bound or they for me… to any persons within the Colony of Virginia on Account of ye Estate of Collo. John CATLETT deceased as also for diverse other good causes and considerations me thereunto moving by these prnts doe give and make over unto my loving kinsman William UNDERWOOD of the same County all leases, lands, goods and Chattels whatsoever as well Real as prsonell of what kind nature quantity or condition soever the same are of be and in what place soever the same shall or may be found as well in my owne Custody and possession as of any other persons whatsoever excepting my Books wearing apparel and parochiall dues within this Colony aforesaid To have and to hold all and singular the said lands leases goods and chattells… to the said William UNDERWOOD and his heirs and assigns forever to his and their own proper use and behoofe and I the said Amory do hereby further freely and willingly surrender and deposit into the hands of the said William UNDERWOOD all that part of the third of Collo. CATLETTS Estate late of this County left in my hands by his Relict Elizabeth since my Lawfull wife but late deceased to remain in my hands to whom she gave the profitts thereof with certain provisoes in her Will exprest as thereby will more at large appears till her children to be to certain ages to have each their several parts of the said thirds or what shall remain in myne or his hands after the Estate of Collo. CATLETT shall be first made good out of the same which said profitts I doe hereby give unto the said William UNDERWOOD and his heirs forever and together with the premises I doe give upon consideratin that he accepts of the Thirds and pformes the covenants hereafter mentioned, that is to say Provided that the said UNDERWOOD his heirs and assigns shall and do from time to time and at all times hereafter acquit and discharge or otherwise sufficiently save and keep harmless me the said Amory my heirs and particularly the said George JONES and William MOSSE together with their heirs who became Security for me in regard of the Estate of Collo. John CATLETT of and from all and singular… which shall or may in any wise hereafter happen to or against the said Amory. George JONES and William MOSSE his Securities four mentioned by reasons of any the … and that the said UNDERWOOD doe according to the Will of the afour mentioned Elizabeth BUTLER late deceased deliver to each of her Children there part of the said Thirds if any shall remain in his hands after the said John CATLETTS Estate shall be made good and further yt the said UNDERWOOD doe by himself his heirs or assigns pay to the said Amory (BUTLER marked out) or his ordere in the term of tenn years by equall portions Twelve thousand pounds of good sound merchantable Tobacco and Cask to contain the same with Convenience on the Rises of Rappahannock and the first payment to be made the 10th of November … 1674… [next] in pformance of all and singular the premises we have mutually sett our hands and seals this 9th day of February in ye year of our Lord 1673.
s/Amory BUTLER, William UNDERWOOD, Sn. Teste. W. MOSELEY, Richard CAWTHORNE. Recognitr in Cur Com Rappahannock primo die July 1674. (Old Rappahannock Co, VA Records, 1672-1676, Part II, Sparacio)
The added proviso re Warwick CAMMOCK and the 600 acres was quickly rectified:
Feb 1673/4 (Rappahannock Deeds, Wills Book 5:229-30) Amory BUTLER of the County of Rappa. Clerk doe hereby acknowledge that it is the true his intent and meaning of the within instrument & it is hereby intended that amongst the land and lease therein mentioned the Six hundred acres purchased by me of Mr. Warwick CAMMOCK is thereby intended and whereby conveyed and made over upon the Conditions & according to the tennor of the said instrument though the same be not yett acknoweldged to me by the said CAMMACK what said Six hundred acres I do hereby confirm and Warrent to the said UNDERWOODE and his heirs forever together with all appurtenances… and doe further oblige myselfe or my heirs or assigns to build on the said land one Thirtie foot house with a sheade at each end, two outside chimneys on the broadside and to Planck one Rowme and this at my charge and further it is meant and intended in that article of the said Instrument wherein the said UNDERWOOD is bound to make good all damages and bear all charges and expenses and bear harmless me the said Amory and Securities in all things concerning the whole or thirds of Coll. CATLETTS Estate that it is meant what charges or damages shall hereinafter come only Excepting such fees as are already due to Officers living out of the Countie of Rappahannock and that he the said UNDERWOOD do pay and discharge all dues and demands due from me on the account of the said CATLETTS estate and that is further to say the said UNDERWOOD is to have and possess all such goods lands and nay estate usuall or psonall mentioned in the within Instrument on consideration he discharge me of and pay for me and my Securities all debts charges and damages and demands whatsoever that are already or shall be due from me and my said Securities for conveying the said CATLETT'S Estate or Wifes thirds as Witness my hand and seal this ( ) day of Febry 1673/4. s/Amory BUTLER. Test. W. MOSELEY, Richard CAWTHORNE. Recognitr in Co Com Rappahannock primo die Jul 1674. (ibid.)
Note: It appears that the above action served not only to relieve the Rev. Amory BUTLER of his responsibilities to Elizabeth's estate, but also to secure for himself a living for the next ten years. It is also possible that, although not so stated, that he was pressured into signing these documents due to some problem with his administration of Col. John CATLETT'S very large Estate, and/or his wife's thirds of same. Also note that the above George JONES was the h/o Honoria UNKNOWN, widow of John WARE (See Burroughs-Ware-Vassall Families and Cammock Families ). Amory's "loving kinsman, William UNDERWOOD," was his wife's nephew, William UNDERWOOD, Sr., who was also Amory's brother-in-law by virtue of his marriage to Mary BUTLER, Amory's sister, as is evidenced by Amory's will:
11 Aug 1678 - 29 Jan 1678/9 (Rappa. Records, 1677-1682, pp. 113-4) Will of Amory BUTLER of the Parish of Sittingbourne, County of Rappa… all my Books, Sermon Noats and papers to my loveing Brother Mr. Wm. BUTLER, Ministr. of Washington Parish [Westmoreland County]… all my wearing Cloaths Linnen and Wollen to my Brother John BUTLER… unto Valentine ALLEN sixty pounds of Tobaccoe in leiu of a paire of Shooes I owe him… unto my Godson, Wm. PANNELL, one Bible and likewise on Bible to my Godson CAWTHORNE… to my Brother John BUTLER aforesaid, two thousand pounds of Tobacco and cask… All my other Estate I give and bequeath unto my Godson and Nephew John UNDERWOOD… Executor Daniel GAINES… to be Refferring… to the Assistance of my Brother Wm. UNDERWOOD…ordring that Mr. Samll. BLOMFIELD … be first satisfied out of my Estate for mine & my Brother John BUTLERS Accomodation at his house… unto my Execr… his choice of any three Bookes in my Studio… this xith day of August Anno. Dom 1678. S/Amory BUTLER; Wits: Samll. BLOOMFIELD, Lawr: ROCHEFORT. Recordat. xx9th Janrii Ano 1678/9. (Old Rappahannock Vol. 1677-82, Part I, Ruth and Sam Sparacio, Antient Press, McLean, VA, pp. 35-6)
The above will is very specific that William UNDERWOOD was the 'brother' of Amory BUTLER, and that John UNDERWOOD was his nephew. This will, in conjunction with the earlier deeds, would appear to refer to William UNDERWOOD, Sr., son of Col. Wm. and Mary (BURTON? MOSELEY?) Underwood. He is most certainly not referring to the Col. Wm. UNDERWOOD who had been deceased for over twenty years when this will was written, and who also does not appear to have had a son named John whereas the eldest son of William UNDERWOOD, Sr. was named John. Confusion has arisen in the past due to the Rev. BUTLER'S late wife, Elizabeth, also having been an UNDERWOOD - and the sister of the Colonel; however, this will appears to document that Mary, wife of William UNDERWOOD, Sr., was the Rev. BUTLER'S sister rather than Elizabeth, relict of Col. William UNDERWOOD, and later wife of Archdale Combs.
9 Feb 1673/4 - 1 Jul 1674 (Rappahannock Deeds, Wills 5:227-229) Amory BUTLER, Minister of the Gospel of Jesus Christ now Inhabitant of the Countie of Rappahannock in Virginia for the indemnity, discharge and saving harmless of me, Mr. George JONES and Mr. William MOSSE and every of our heirs Executrs. and assigns and every of them from all manner or binds writings, obligations whatsoever wherein we … are bound or they for me… to any persons within the Colony of Virginia on Account of ye Estate of Collo. John CATLETT deceased as also for diverse other good causes and considerations me thereunto moving by these prnts doe give and make over unto my loving kinsman William UNDERWOOD of the same County all leases, lands, goods and Chattels whatsoever as well Real as prsonell of what kind nature quantity or condition soever the same are of be and in what place soever the same shall or may be found as well in my owne Custody and possession as of any other persons whatsoever excepting my Books wearing apparel and parochiall dues within this Colony aforesaid To have and to hold all and singular the said lands leases goods and chattells… to the said William UNDERWOOD and his heirs and assigns forever to his and their own proper use and behoofe and I the said Amory do hereby further freely and willingly surrender and deposit into the hands of the said William UNDERWOOD all that part of the third of Collo. CATLETTS Estate late of this County left in my hands by his Relict Elizabeth since my Lawfull wife but late deceased to remain in my hands to whom she gave the profitts thereof with certain provisoes in her Will exprest as thereby will more at large appears till her children to be to certain ages to have each their several parts of the said thirds or what shall remain in myne or his hands after the Estate of Collo. CATLETT shall be first made good out of the same which said profitts I doe hereby give unto the said William UNDERWOOD and his heirs forever and together with the premises I doe give upon consideratin that he accepts of the Thirds and pformes the covenants hereafter mentioned, that is to say Provided that the said UNDERWOOD his heirs and assigns shall and do from time to time and at all times hereafter acquit and discharge or otherwise sufficiently save and keep harmless me the said Amory my heirs and particularly the said George JONES and William MOSSE together with their heirs who became Security for me in regard of the Estate of Collo. John CATLETT of and from all and singular… which shall or may in any wise hereafter happen to or against the said Amory. George JONES and William MOSSE his Securities four mentioned by reasons of any the … and that the said UNDERWOOD doe according to the Will of the afour mentioned Elizabeth BUTLER late deceased deliver to each of her Children there part of the said Thirds if any shall remain in his hands after the said John CATLETTS Estate shall be made good and further yt the said UNDERWOOD doe by himself his heirs or assigns pay to the said Amory (BUTLER marked out) or his ordere in the term of tenn years by equall portions Twelve thousand pounds of good sound merchantable Tobacco and Cask to contain the same with Convenience on the Rises of Rappahannock and the first payment to be made the 10th of November … 1674… [next] in pformance of all and singular the premises we have mutually sett our hands and seals this 9th day of February in ye year of our Lord 1673.
s/Amory BUTLER, William UNDERWOOD, Sn. Teste. W. MOSELEY, Richard CAWTHORNE. Recognitr in Cur Com Rappahannock primo die July 1674. (Old Rappahannock Co, VA Records, 1672-1676, Part II, Sparacio)
The added proviso re Warwick CAMMOCK and the 600 acres was quickly rectified:
Feb 1673/4 (Rappahannock Deeds, Wills Book 5:229-30) Amory BUTLER of the County of Rappa. Clerk doe hereby acknowledge that it is the true his intent and meaning of the within instrument & it is hereby intended that amongst the land and lease therein mentioned the Six hundred acres purchased by me of Mr. Warwick CAMMOCK is thereby intended and whereby conveyed and made over upon the Conditions & according to the tennor of the said instrument though the same be not yett acknoweldged to me by the said CAMMACK what said Six hundred acres I do hereby confirm and Warrent to the said UNDERWOODE and his heirs forever together with all appurtenances… and doe further oblige myselfe or my heirs or assigns to build on the said land one Thirtie foot house with a sheade at each end, two outside chimneys on the broadside and to Planck one Rowme and this at my charge and further it is meant and intended in that article of the said Instrument wherein the said UNDERWOOD is bound to make good all damages and bear all charges and expenses and bear harmless me the said Amory and Securities in all things concerning the whole or thirds of Coll. CATLETTS Estate that it is meant what charges or damages shall hereinafter come only Excepting such fees as are already due to Officers living out of the Countie of Rappahannock and that he the said UNDERWOOD do pay and discharge all dues and demands due from me on the account of the said CATLETTS estate and that is further to say the said UNDERWOOD is to have and possess all such goods lands and nay estate usuall or psonall mentioned in the within Instrument on consideration he discharge me of and pay for me and my Securities all debts charges and damages and demands whatsoever that are already or shall be due from me and my said Securities for conveying the said CATLETT'S Estate or Wifes thirds as Witness my hand and seal this ( ) day of Febry 1673/4. s/Amory BUTLER. Test. W. MOSELEY, Richard CAWTHORNE. Recognitr in Co Com Rappahannock primo die Jul 1674. (ibid.)
Note: It appears that the above action served not only to relieve the Rev. Amory BUTLER of his responsibilities to Elizabeth's estate, but also to secure for himself a living for the next ten years. It is also possible that, although not so stated, that he was pressured into signing these documents due to some problem with his administration of Col. John CATLETT'S very large Estate, and/or his wife's thirds of same. Also note that the above George JONES was the h/o Honoria UNKNOWN, widow of John WARE (See Burroughs-Ware-Vassall Families and Cammock Families ). Amory's "loving kinsman, William UNDERWOOD," was his wife's nephew, William UNDERWOOD, Sr., who was also Amory's brother-in-law by virtue of his marriage to Mary BUTLER, Amory's sister, as is evidenced by Amory's will:
11 Aug 1678 - 29 Jan 1678/9 (Rappa. Records, 1677-1682, pp. 113-4) Will of Amory BUTLER of the Parish of Sittingbourne, County of Rappa… all my Books, Sermon Noats and papers to my loveing Brother Mr. Wm. BUTLER, Ministr. of Washington Parish [Westmoreland County]… all my wearing Cloaths Linnen and Wollen to my Brother John BUTLER… unto Valentine ALLEN sixty pounds of Tobaccoe in leiu of a paire of Shooes I owe him… unto my Godson, Wm. PANNELL, one Bible and likewise on Bible to my Godson CAWTHORNE… to my Brother John BUTLER aforesaid, two thousand pounds of Tobacco and cask… All my other Estate I give and bequeath unto my Godson and Nephew John UNDERWOOD… Executor Daniel GAINES… to be Refferring… to the Assistance of my Brother Wm. UNDERWOOD…ordring that Mr. Samll. BLOMFIELD … be first satisfied out of my Estate for mine & my Brother John BUTLERS Accomodation at his house… unto my Execr… his choice of any three Bookes in my Studio… this xith day of August Anno. Dom 1678. S/Amory BUTLER; Wits: Samll. BLOOMFIELD, Lawr: ROCHEFORT. Recordat. xx9th Janrii Ano 1678/9. (Old Rappahannock Vol. 1677-82, Part I, Ruth and Sam Sparacio, Antient Press, McLean, VA, pp. 35-6)
The above will is very specific that William UNDERWOOD was the 'brother' of Amory BUTLER, and that John UNDERWOOD was his nephew. This will, in conjunction with the earlier deeds, would appear to refer to William UNDERWOOD, Sr., son of Col. Wm. and Mary (BURTON? MOSELEY?) Underwood. He is most certainly not referring to the Col. Wm. UNDERWOOD who had been deceased for over twenty years when this will was written, and who also does not appear to have had a son named John whereas the eldest son of William UNDERWOOD, Sr. was named John. Confusion has arisen in the past due to the Rev. BUTLER'S late wife, Elizabeth, also having been an UNDERWOOD - and the sister of the Colonel; however, this will appears to document that Mary, wife of William UNDERWOOD, Sr., was the Rev. BUTLER'S sister rather than Elizabeth, relict of Col. William UNDERWOOD, and later wife of Archdale Combs.
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