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Source Citations


Captain Daniel Gaines

1William Montgomery Sweeny 1871-1945, Virginia, Rappahannock County, Wills of 1656 -1692, page 108-109, FHL 975.534 P2. "18 August, 1682;
1 October, 1684.

GAINES, DANIEL, of the parish of Sittingburne in the County of Bappa.

The orphans of Col“ John Catlett Deed. to be paid out of the Negroes and goods that did belong to the sd Coln“ Catletts Estate the Negroes and goods to be as they were appraised to me as may appear by Inventory. To son Bernard all my land that I now live upon to him & his heirs lawfully begotten &c. and that he shall not let sell or mortgage any part or parcel of the same so long as his Two Sisters Margaret and Mary or their heirs be alive. If all my children die without heirs then my land to fall to my Grandson John Smyth and his heirs forever.

To daughter Mary the Mare Colt that now sucks on my mare Betty and all her increase to her and her heirs for ever. The Mare Heyfer and Hogs that I have given to my grandson—in-law John Smyth to be and remain to his proper use forever.

The first child that my negro Cate doth bring to be given to my daughter Margaret and her heirs forever and if it live to the age of three years to be in lieu of a man Servant otherwise to be in no stead.
To son Bernard my silver, hilted sword and belt and my Seale Ring.
To wife Margaret one third of my estate in lieu of dower.
My will is that the other two parts of my Estate be divided between my three children Bernard Margaret and Mary and no part of it to be appraised but to be Inventoried and delivered in kind.

To daughter Margaret a good feather bed and furniture at my death in full of her part of my bedding.
My daughter Mary to have the use of so much housing and land as she needs so long as she continues unmarried.
My will is that as soon as it can a Man servant be bought with tobacco for my daughter Margaret in part of her Porcon.

It is my will that my wife son Bernard and daughter Mary keep their shares together for their Menteynance doing their best by their endeavours to Encrea.se the same as long as my Wife Continues a Widdow or so long as either of my Children Continue unmarryed and at the day of Marriage of my Wife or of either of my Children then my Childrens part to be delivered to them in Kind.

My Two Children Bernard and Mary to have as many things apiece out of my Estate as my Daughter Margaret hath had already and the rest to be divided between them equally by my loving Kinsman John Catlett and sons-in-law John Smyth and Ralph Rouzey and not to goe to Law one with the other.

It is my will that my estate be Inventoryed within ten days after my decease.

To wife Twenty shillings to buy her a Mourning Ring to ware for my sake and to my Two daughters each of them a Ring of Ten shillings price. If I die having no Tobacco in house that then my servants be and remain together till they make a good crop of Arenoco Tobacco out of which my wife having first taken her Third then my son Bernard and daughter Mary have out of the rest each of them as much as my daughter Margaret hath already then if any be remaining over and above to be divided equally between them all three.

It is my Will that my Children have their Estate at the death or day of Marriage of my Wife whether they be of age or not.

The children of Coln“ John Catlett to remain with my wife till they come of age if my wife continues unmarried.
Wife Executrix and guardian of my children so long as she remains a widow.

Wit. WM. X MURROW, JOHN CATLETT‘,W“. X BROWNE.
Note: The witnesses called the testator “Capt. Daniel Gaines.” Page 35." Source Image. Citation Image.

2Pettigrew, Marion Louise Dewoody, Marks-Barnett Family and Their Kin, pg 147. "
  Daniel 1 Gaines is as far back as our branch of the family can trace a well established line. He married Margaret, daughter of Francis Bernard, of Kingsthorpe, Northamptonshire, Eng., who died 1630; sister of William and Sir Robert Bernard, of Brampton Hall, Huntingdonshire, England. (Va. Mag. IV; 207).

Daniel 1 Gaines and Margaret Bernard were married before coming to America, perhaps in England, they were accompanied by at least two grown children, for the records show that in 1664, there was a head-right of 400 acres on the south side of Rappahannock rivcr, issued to Bernard Gaines and his sister Elizabeth Gaines, they were the children of Daniel Gaines, and came over with the colonists who were brought by R. Lawson.
  Daniel 1 Gaines was the first Justice of the Peace in Rappahannock Co.,, Va., and on Oct. 11, 1671 he was a member of an old Committee of Amherst Co., Va. He was also Captain in the army of the King of England, 1680, in the Virginia Colonial Militia, a record of which may be found in Crozier's Virginia County, records, Williamsburg wills, and Virginia Mag. Hist, and Biog. V. 1. There is on record, a deed from Daniel 1 Gaines and wife Margaret Bernard, July 1667; Rappahannock County, Va. See Records Va. State Library, Richmond, Va.
   Capt. Daniel 1 Gaines, of Sittingbourne Parish made his will, 8/18/1682*, prob. 10/16/1684; mentioned orphans of Col. John Catlett, dec'd; my son Bernard; daughters.; Margaret and Mary; sons-in-law John Smith; Ralph Rowzee, wife Margaret, executrix; witnesses, Wm. Murrow, John Catlett, William Browne. (Va. Co., Records—Crozier, V. 6, p. 219).
Children of Capt. Daniel 1 Gaines and wife Margaret Bernard.
  1- Bernard 2, b. in England, abt. 1650 ---; d. Richmond Co., Va., 11/18/1747;  Justice of Essex County, Va., 1695-1700-1702-1714. Burgess in Virginia, 1742-9; married Martha Taylor, only child of Capt. George Taylor and his 1st wife, Martha Tomlin?; m. 2nd, Susannah ---.
  2. Mary, b. England, about 1652; m. Col. John Catlett, Jr.
   3. Margaret, b. abt. 1669?;

The Gaines Familv will not be recorded further in this volume." Source Image. Citation Image.

3Virginia Genealogist, The., Vol. 47 page 227-228. "Daniel Gaines of Colonial Virginia
By Margaret R. Amundson CG
Frederick, Maryland

    Once an error creeps into the canon of a pedigree it is hard to correct. Such is the case of a man named Daniel Gaines who came to Virginia in the mid-17th century. There are three major errors regarding Gaines and his family that have been perpetuated in the literature over the years and postings on the Gaines message boards show that they continue circulating in spite of the fact all of these errors have been corrected in the literature in one form or another. This paper is an attempt to place this information in the literature in a manner that, hopefully, will be so obvious that it will he hard to ignore and over time will replace the erroneous information.
    The first is the failure to identify Daniel's wife Margaret (?) as the widow Rouzee. Based on the language in Daniel's will, where he calls Ralph Rouzee and John Smith his sons-in-law,1 his daughters Margaret and Mary were married to these men, in spite of the fact that elsewhere in the very same will it is obvious his daughter Mary had not reached her majority and was unmarried. The second mistake is related to his daughter Margaret who is all too frequently identified as the same Margaret who married John Prosser, Sinton Miller and Hugh French, and later John Sommerville.2 The third is the assignment of a fourth child, a daughter. Elizabeth.3
    All three of these mistakes are correctable when records related to Daniel and his kinship web are compiled and basic logic is applied to the findings. Unfortunately, there are many genealogists who never progress beyond the
---------------------
1 This has been oonstrued to mean his daughters Margaret and Mary married these men, when, if fact. Ralph was his step-son and John Smith married his step-daughter Sarah Rouzee.

page 228
search phase where they look for someone else who has done the work. Why reinvent the wheel? In order to establish a pedigree with integrity it is imperitive one become a critical researcher. They must learn to evaluate the work of others and check it with the records that can establish the needed facts that will solve the problem. They must also question the information they already have. Sometimes it is hard to let go of a detail that has been in the literature for a long time. In this case a ten year old child bearing a son defies logic. A precise marriage may not be available for a couple but certain behaviors signal important life events. In colonial Virginia a husband controlled his wife's property. A widow could represent herself before the court but once married her husband took control of the property.
    In the case of Daniel Gaines, the people he interacted with and their relationship to him and each other is important background information. One such person in his kinship web was John Catlett; another was Ralph Rouzee. These two names are present in the beginning of Daniel's recorded life and again when he writes his will, although close scrutiny shows they represent two generations of the names.

A CATLETT-ROUZEE-GAINES CONNECTION

In the case of John Catlett it is necessary to trace him to his origins in England to get an exact picture of family relationships. This can be accomplished easily because many printed sources are available on the family. In capsule form, John Catlett, the father of John Catlett [age 24], married Sarah Hawkins [age 19] 10 April 1623 in County Kent, England. This marriage was short lived as John wrote his will on 19 July ]625. Based on the language of his will,  John was not certain he was to become a parent; nevertheless, a clause in his will makes the following provision for the child:
    ... Sara my wife to have two cherry gardens in Sittinghoume contains 4 acres for her natural life, If my wife is with child at the time of my decease then the two cherry gardens to child for ever after the decease of my wife."

4Virginia Genealogist, The., Vol. 47 page 229-232. "John Catlett, the immigrant of our interest, was baptized 12 March 1625/6 in Canterbury, County Kent. After her husband's death, Sarah (Hawkins) Catlett returned to her parents' home where she gave birth to John Catlett. Sarah married Lodowick Rouzee of Ashford, Doctor of Physic, on 19 Sept. 1626. Sarah was identified as "Sarah Catlett of St. Peter, Canterbury, widow, about 24, relict of John Catlett, late of Sittingbourne, gent, deceased, at Bethersden." The couple had six children who were John Catlett's half-siblings.

WHEN DID GAINES MARRY?

It is important to establish the date of a marriage for Daniel in order to solve problems one and two. It is also important to identify who the wife of Daniel Gaines was before the couple married. In this case. the marriage date of Gaines is derived from the record whereby John Catlett turned over the property of his half-brother's children to Gains in Jan. 1662 in Old Rappahannock Co., Va. The 1662 event signaled a recent marriage to the children's mother, thus identifying her as Margaret, the widow of Ralph Rouzee. Tradition has called her Margaret Bernard because the couple named a child Bernard. However, there are no corroberating records supporting this conclusion. From this Jan. 1662 date it is reasonable to conclude the issue of the Gaines-(?) Rouzee union were born no earlier than late 1663.
    In January 1662, Daniell Gaines requesteth that there be recorded for Sarah Rouzee daughter of Ralph Rouzee deced six female cattell (to say) one heiffer and one Calf cropped of both Ears and a hole in the further Ear.
    And for Ralph Rouzee (son of Ralph Rouzee deced) two female Cattle (to say) one cow and one calf cropped of both ears and a hole in the left ear which the sd Catle are delivered unto Daniell Gaines by John Catlett who hath obliged him the sd Gaines to deliver the above menconed Catle & fenal Increase to the abovesaid Sarah and Ralph Rouzee when they come of age or day of Marriage to Sarah Rouzee which shall first happen the ad Catle being the half part of those formerly in copartnership between John Catlett and Ralph Rouzee deceased.

page 230
The next record of importance to this Gaines study is the will of Daniel Gaines signed in 1682.
In the Name of God Amen, I Daniell Gaines of the Parish of Sittenburne in the County of Rappa. being in good health of Body & of sound & perfect memory Praise be therefore given to Almighty God do make and Ordaine this my last Will & Testament in manner and forme following That is to say ƒƒirst & Principally I commend my soul unto the hands of Almighty god hopeing through the merrits death & Passions of my Saviour Jesus Christ to have full & free Pardon and forgiveness of all my sins and the inherit everlasting Life, and my body I remit to the Earth to be decently buried at the descretion of Exectx hereafter named. And as touching the dispericon of all such worldy Estate as it hath pleased God to bless upon me. I give & dispose thereof as followeth:

Impris it is my Will that all my Debts that justly are to any [??] be well & truly Paid & in the first place that the Infants of Colo John Catlett deced to be paid out of the negroes and other Goods to be pd as they were appraised to me as may appear by Inventory.

Item. I give & bequeath unto my [sic]Son Bernard all my land that I now live upon to him & his heires lawfully begotten & that he shall not let sell or mortgage any part or parcell of the same so longe as his Two Sisters, Margret & Mary or their heires be alive. It is my will that if all my Children die without heires of their bodyes then my land to fall to my Grandson, John Smyth & to his heires forever.

Item I give to my Daughter Mary the Mare colt that now sucks on Mare Betty and all her encrease to her & her heires forever. Item It is my will that the Mare Heyfer & hogs that I have given to my Grandson in Law John Smith be & remaine to his proper use forever.

Item. It is my Will that the first living Child that my Negro Cate doth bring be given to my Daughter Margarett and to her heires for ever & if it lives to the age of three yeares to be in lieu of a man Servant, otherwise to be in no stead.

Item I do give to my Son, Bernard my Silver hilted sword & Belt & my Seale Ring. Item I give unto my deare & loveing Wife, Margret, one third of all my Estate in lieu of her Dower.

Item. My will is that the other two parts of my Estate be deviced (divided) between my three children, Bernard, Margret and Mary and no part of it be apprised but to be inventoried and delivered in kind.

Item. It is my will that my Daughter Margaret have a good feather bead & furniture at my death in full of her part of my bedding. Item It is my will that my Daughter Mary have the use of so much housing & land as she needs soe long as she continued unmarried.

Item. It is my will that as soone as it can a man Servant be bought with Tobacco for my Daughter Margaret in part of he [sic her] porcon.

Item. It is my will that my Wife, Son Bernard and Daughter Mary keep their shares together for their menteyance doing their best by their Endeavours to Encrease the same as long as my Wife continues Widdow or so land as either of my Children continue unmarried and at the day of Marriage of my Wife or of either of my Children then my Childrens part to be delivered them in kind.

Item My will is that my two Children Bernard & Mary have as many things apeice out of my Estate as my Daughter Margaret hath had already & the rest to be devided between them equally by my loveing Kinsman, John Catlett & Sons in Law John Smyth and Ralph Rowzey and not to go to Law one with the other.

Item It is my will that my Estate be inventoryed within ten dayes after my decease.

Item I give to my deare & loving wife Twenty Shilling to buy her a Mourning Ring to ware for my sake & to my two Daughters each of them a Ring of Ten Shillings price.

Item It is my will that if I die haveing no tobacco in my house that my Servants bee & remaine together till they make a good crop of Arenoco Tobacco out of which my Wife having first taken her Thirds then my Son Bernard & Daughter Mary have out of the rest each of them as much as my Daughter Margarett hath already then if any be remaining over & above to be devided equally between them all three.

Item. It is my will that my Children have their Estate at the death or day of Marriage of my Wife whether they be of age or not.

Item It is my will the Children of Colell John Catlett remaine with my Wife til they come of age if my wife Continue unmarried.

Item I nominate & appont my dear and loveing Wife my sole Executrix of this my last Will and testament. and Guardian to my Children so longe as she lives a Widdow.

In Witness whereof I the sd Daniell Gaines to this my last Will & Testamt do sett my hand & Seale this Eighteenth of August in the yeare of our Lord One thousand Six hundred Eighty & two.
Signed Sealed & delivered and
declared this to be my last Will
& Testament in the presence of      Daniel Gaines [Seale]10
Wm Murrow
John Catlett
Wm Browne
Wee the Subscribers do hereby testifie and declare upon or Oathes wee did see Capt Danll Gaines with menconed signe seale & deliver this ...Recorded 1 die 8bris Ano 1684

10[William Mongomery Sweeny, Wills of Rappahannock County, Virginia 1756-1692 (Lynchburg, Va., 1947; reprint Greenville, S.C., 1998), pp. 108-09.

page 232
    His will contains important information both stated and implied. In the first clause Daniel directs the property belonging to the orphans of John Catlett be separated from his. To his son Bernard he leaves his land, his silver hilted sword, belt and seale ring. He named Bernard's two sisters, Margaret and Mary and entailed the land as long as his sister's or their heirs are living. He then says if all of his children die without issue that his land is to go to his grandson John Smith. Further along in the will he calls John Smith his grandson-in-law. Used in this context the term means step-grandson. Some researchers have interpreted this wording to mean Daniel's daughters married Ralph Rouzee and John Smith. Daniel stopped short of saying his children Bernard and Mary were underage but he makes provision regarding their property should their mother die or remarry before they come of age. The wording of the will implies none of his children had issue when he signed it in 1682. Daniel further directs should his wife remarry his children Mary and Bernard were to have their estate even if they were not of age. From this clause a reasonable conclusion is that his children although not yet of age, were old enough to take care of their property should his wife remarry. This was a technique frequently found in the early Virginia records whereby fathers protected their children's estates from being looted by stepfathers. This age determination is also consistent with a marriage date of 1662 for Daniel and his wife Margaret (?) Rouzee Gaines.

    After Daniel's death the records below show what happened to the Catlett children's property and give evidence of a third marriage for Margaret his widow.
    2 October 1684. The Court doe order Mr. Henry Awbrey, Capt. Saml Blomfield Mr. Robt Plea and Mr. John Smith Junyr to meet at ye House of Capt. Daniel Gaines late deced on the twentieth Instant then & there to take & sever the Estate of ye orphans of Col John Catlett deced out of and from the Estate of the Said Capt Daniel Gaines, And that in this separation respect be had to ye Inventory and Apprisement of the said Collonll Catlett Estate the end the Orphants may in specie (as nere as possible) as well as value receive."

5Virginia Genealogist, The., Vol. 47 page 233-236. "ye Estate of their Deceased Father: It is likewise further ordered that the above named Mr Awbrcy Capt. Blomfield. Mr. Ples & John Smith doe take & just and perfect Inventory & Apprismt of the Estate so severed. And delivr in ye same upon Oath to the next Court held on the South side the River; As also that the said Estate remaine in the hands of the Relict & Execurs of the above named Capt Daniel Gaines until the next South side Court as aforesaid where such further proceedings will be had therein."

    1 April 1685 Ordered that Mr. John Daingerfield an the next Court held for this county on the South side the River give in good & sufficient security for so much of the Estate of Colonll John Catlett deced as is now coming to his possession by marrying the Relict & sole Execurx of Capt Danll Gaines under whose trust & care the aforesd Estate was.

MARGARET WHO?

    There are several messages on the Gaines, Prosser, Miller or French Genforum Bulletin Hoards that have subject lines with Margaret Gaines the wife of either Hugh French or Simon Miller in them. Anthony Prosser, the son of Margaret (?) and John Prosser, was born by 1673, the year his father John signed his will and named him among this legatees. The eldest child of Daniel Gaines and wife Margaret would be no older than ten years in 1673, an age not acceptable for marriage in that society.
    There is no evidence any investigation into the information proving or disproving these facts was ever conducted before passing it on to other unsuspecting arm chair genealogists. So how does one check this type of information? They look for records created by or on behalf of the person and check to set if the statement is true. Does than mean they look for a marriage record with the exact date, when hope of finding one is nil? Of course not, but they can build a biography based on dates when Daniel appeared in court that will help build a framework for further analysis.
    After reading Daniel's will it is apparent his children Bernard and Mary were too young to be married. By implication his daughter Margaret's marriage is fairly recent, because he wants her to have property associated with setting up a household. Was Margaret, the daughter of Daniel Gaines, the same Margaret
[page 234]
who married John Prosser as so many have staled over the years?
    Women seldom created records on their own behalf, therefore records for the men in their lives are important in establishing the milestones. A comparison of the age of the two Margarets answers the above question. In this part of the case study three of the four men who married Margaret (maiden name as yet unknown) died testate, so the wills of these men are important to read and the various provisions, dates and names noted and assembled in chronological order.

MARGARET (?) PROSSER, MILLER, FRENCH SOMERVILLE

23 Aug. 1673 John Prosser signed his will and named four sons including a son Anthony.
30 June 1677 Prosser's will presented for probate.
15 Feb. 1679 Simon Miller signed his will and named sir Miller children as well as his wife's son Anthony Prosser."
30 Nov. 1683. Margaret as widow of Simon enters into a lease agreement with Anthony Harrison,
7 May 1684. Simon Miller's will accepted for probate.
5 March 1684/5 Margaret's last appearance in the records as relict of Simon Miller.
5 May 1685 Hugh French in court on behalf of the widow of Simon Miller whom he married.

MARGARET GAINES

Jan. 1662 Daniel Gaines in court regarding the property of Ralph and Sarah Rowzee. The property transferred hands from John Catlett, the half-brother of Ralph Rowzee of Ralph Rowzee deceased, to Daniel Gaines the children's new step-father. This record establishes a time frame for the marriage of Daniel Gaines and the widow Rouzee and determines the range wherein a first child
[page 235]
could have been born.
    1682 Daniel Gaines signed his last will and testament. He named his wife Margaret and two daughters, Margaret and Mary, and a son Bernard, sons-in-law Ralph Rouzee and John Smith, and a grandson-in-law John Smith.
    When records on the two Margarets are compared, it is apparent Margaret, the daughter of Daniel Gaines, was too young to be the same Margaret who married John Prosser and gave birth to a son Anthony by 1673, therefore they are not the same person.

ELIZABETH, A FOURTH CHILD FOR DANIEL

    President James Madison drew a pedigree chart that shows several generations of his ancestors. It is preserved in the Library of Congress. The chart shows his grandmother was the daughter of John Catlett and a wife with the surname Gaines, no first name given. Several years ago the National Society of Madison Family Descendants computer enhanced this chart and inserted the given name Elizabeth along with the name Gaines. Why? Probably for the same reason Gary Boyd Roberts in his work on the genealogies of American Presidents also used the name Elizabeth for the President's Gaines ancestress in his early editions.
    In all fairness to both the Madison family and Roberts, one doesn't have to go too far to find a print source naming Daniel Gaines daughter "Elizabeth" as the wife of John Catlett. This in spite of the fact that Daniel Gaines named no daughter Elizabeth in his 1682/84, Old Rappahannock Co., Va., will. The provision regarding the cherry gardens in the will of John Catlett is important because John Catlett sold this land and his wife at that time, whose name was Mary, released her dower interest. The year was 1706 and the deed was recorded in Essex County and is the only record giving a first name of a wife for John Catlett. Daniel Gaines did have a daughter Mary and it is more than likely she was the Gaines wife of John Catlett.

    All three problems associated with Daniel Gaines can be resolved when the records created by him and members of his kinship web are read, analyzed and
[page 236]
compared. Once a time frame for his marriage is recognized and evidence of his wife's identity is duly noted, Daniel's will takes on a different and more plausible meaning. His daughters Margaret and Mary did not marry Ralph Rouzee or John Smith as some have concluded. Ralph Rouzee was his stepson and John Smith married Sarah Rouzee his stepdaughter. This couple had a son John Smith who became Daniel's residual heir should all of his children die without issue. When the dates for Margaret (?) Prosser Miller French Somerville are compared with Margaret, the daughter of Daniel Gaines, the answer is obvious. They were not the same Margaret. Daniel's will, combined with the 1706 record for the cherry garden owned by John Catlett, lays to rest the question of a fourth child for Daniel and his wife Margaret. There was no Elizabeth Gaines in this family."

6Pettigrew, Marion Louise Dewoody, Marks-Barnett Family and Their Kin, pg 141. "Margaret Bernard married Daniel Gaines, of Rappahannock Co., Va., who died 1682, they were married in England, and had two children before coming to America, this is shown by headrights granted 1664, and issued to their son and daughter, Bernard and Elizabeth Gaines. See Gaines Chapter." Image.


Margaret Bernard

1Pettigrew, Marion Louise Dewoody, Marks-Barnett Family and Their Kin, Page 141, 147. "Margaret Bernard, was a sister of William*, and of Sir Robert Hernard, Baronet of Brampton Hall, Huntingdonshire, England. The Baronetcy was created 1662, and became extinct about 1789; Sir Robert died 1665, will probated 1666. Margaret Bernard married Daniel Gaines, of Rappahannock Co., Va., who died 1682, they were married in England, and had two children before coming to America, this is shown by headrights granted 1654, and issued to their son and daughter, Bernard and Mary Gaines. See Gaines Chapter.

pg 147   Daniel 1 Gaines is as far back as our branch of the family can trace a well established line. He married Margaret, daughter of Francis Bernard, of Kingsthorpe, Northamptonshire, Eng., who died 1630; sister of William and Sir Robert Bernard, of Brampton Hall, Huntingdonshire, England. (Va. Mag. IV; 207)."
*Refs.—Richmond Times Despatch, William and Mary Qty., Va. Mag. Hist, and Biog. Virginia County Records, Gloucester Co., Va., Records. Va., Hist. Coll. New ser. Slaughter's Notes, Culpepper Co., Va., Greer's Va., Immigrants, Chalkley Rec. Abstracts of Augusta Co., Va., Cabells and their Kin, Du Beliefs, Va. Fams.; Rappahannock and Essex Co., Va., Records, Colonial Register. Source Image. Citation Image.

2Pettigrew, Marion Louise Dewoody, Marks-Barnett Family and Their Kin, Page 352. "24. Sir Henry Le Scrope, 4th, Baron Scrope, of Bolton, d. 1459; m. Lady Elizabeth, dr. of John, Baron Scrope of Masham, and Upsal, had
25. Lady Margaret le Scrope, m. John Bernard, of Abingdon Northamtonshire, (1437-1485) and had
26. John Bernard, of Abingdon, (1469-1508) m. Margaret, dr. of John Daundelyn;? and had
27. John Bernard, of Abingdon, (1491-1549), m. Cicely, dr. of John Muscote, of Earls of Barton, and had
28. Francis Bernard, of Abingdon, (1530-1609) m. Alice, dr. of John Hazelwood, of Maidwell, and had
29. Francis Bernard, of Kingthorpe, Northamtonshire, bur. Nov. 21, 1630; m. Mary, dr. of Anthony Woodhouse, of Glasswell, and had
30. Margaret Bernard, m. Daniel Gaines, of Virginia. See Gaines." Source Image. Citation Image.

3Virginia Genealogist, The., Vol. 47 pages 227-229. "Daniel Gaines of Colonial Virginia
By Margaret R. Amundson CG
Frederick, Maryland

    Once an error creeps into the canon of a pedigree it is hard to correct. Such is the case of a man named Daniel Gaines who came to Virginia in the mid-17th century. There are three major errors regarding Gaines and his family that have been perpetuated in the literature over the years and postings on the Gaines message boards show that they continue circulating in spite of the fact all of these errors have been corrected in the literature in one form or another. This paper is an attempt to place this information in the literature in a manner that, hopefully, will be so obvious that it will he hard to ignore and over time will replace the erroneous information.
    The first is the failure to identify Daniel's wife Margaret (?) as the widow Rouzee. Based on the language in Daniel's will, where he calls Ralph Rouzee and John Smith his sons-in-law, (This has been construed to mean his daughters Margaret and Mary married these men, when, if fact Ralph was his step-son and John Smith married his step-daughter Sarah Rouzee) his daughters Margaret and Mary were not married to these men. Elsewhere in the very same will it is obvious his daughter Mary had not reached her majority and was unmarried. The second mistake is related to his daughter Margaret who is all too frequently identified as the same Margaret who married John Prosser, Sinton Miller and Hugh French, and later John Sommerville.2  The third is the assignment of a fourth child, a daughter. Elizabeth.3
    All three of these mistakes are correctable when records related to Daniel and his kinship web are compiled and basic logic is applied to the findings. Unfortunately, there are many genealogists who never progress beyond the search phase where they look for someone else who has done the work. Why reinvent the wheel? In order to establish a pedigree with integrity it is imperitive one become a critical researcher. They must learn to evaluate the work of others and check it with the records that can establish the needed facts that will solve the problem. They must also question the information they already have. Sometimes it is hard to let go of a detail that has been in the literature for a long time. In this case a ten year old child bearing a son defies logic. A precise marriage may not be available for a couple but certain behaviors signal important life events. In colonial Virginia a husband controlled his wife's property. A widow could represent herself before the court but once married her husband took control of the property.
    In the case of Daniel Gaines, the people he interacted with and their relationship to him and each other is important background information. One such person in his kinship web was John Catlett; another was Ralph Rouzee. These two names are present in the beginning of Daniel's recorded life and again when he writes his will, although close scrutiny shows they represent two generations of the names.

A CATLETT-ROUZEE-GAINES CONNECTION

In the case of John Catlett it is necessary to trace him to his origins in England to get an exact picture of family relationships. This can be accomplished easily because many printed sources are available on the family. In capsule form, John Catlett, the father of John Catlett [age 24], married Sarah Hawkins [age 19] 10 April 1623 in County Kent, England. This marriage was short lived as John wrote his will on 19 July ]625. Based on the language of his will,  John was not certain he was to become a parent; nevertheless, a clause in his will makes the following provision for the child:
    ... Sara my wife to have two cherry gardens in Sittinghoume contains 4 acres for her natural life, If my wife is with child at the time of my decease then the two cherry gardens to child for ever after the decease of my wife.

John Catlett, the immigrant of our interest, was baptized 12 March 1625/6 in Canterbury, County Kent. After her husband's death, Sarah (Hawkins) Catlett returned to her parents' home where she gave birth to John Catlett. Sarah married Lodowick Rouzee of Ashford, Doctor of Physic, on 19 Sept. 1626. Sarah was identified as "Sarah Catlett of St. Peter, Canterbury, widow, about 24, relict of John Catlett, late of Sittingbourne, gent, deceased, at Bethersden." The couple had six children who were John Catlett's half-siblings.

WHEN DID GAINES MARRY? (continued)."

4Virginia Genealogist, The., Vol. 47 pages 229, 232-233. "WHEN DID GAINES MARRY? (continued)

It is important to establish the date of a marriage for Daniel in order to solve problems one and two. It is also important to identify who the wife of Daniel Gaines was before the couple married. In this case. the marriage date of Gaines is derived from the record whereby John Catlett turned over the property of his half-brother's children to Gains in Jan. 1662 in Old Rappahannock Co., Va. The 1662 event signaled a recent marriage to the children's mother, thus identifying her as Margaret, the widow of Ralph Rouzee. Tradition has called her Margaret Bernard because the couple named a child Bernard. However, there are no corroberating records supporting this conclusion. From this Jan. 1662 date it is reasonable to conclude the issue of the Gaines-(?) Rouzee union were born no earlier than late 1663.
    In January 1662, Daniell Gaines requesteth that there be recorded for Sarah Rouzee daughter of Ralph Rouzee deced six female cattell (to say) one heiffer and one Calf cropped of both Ears and a hole in the further Ear.
    And for Ralph Rouzee (son of Ralph Rouzee deced) two female Cattle (to say) one cow and one calf cropped of both ears and a hole in the left ear which the sd Catle are delivered unto Daniell Gaines by John Catlett who hath obliged him the sd Gaines to deliver the above menconed Catle & fenal Increase to the abovesaid Sarah and Ralph Rouzee when they come of age or day of Marriage to Sarah Rouzee which shall first happen the ad Catle being the half part of those formerly in copartnership between John Catlett and Ralph Rouzee deceased.

The next record of importance to this Gaines study is the will of Daniel Gaines signed in 1682.
  [see Daniel's record for transcript of his will]

    His will contains important information both stated and implied. In the first clause Daniel directs the property belonging to the orphans of John Catlett be separated from his. To his son Bernard he leaves his land, his silver hilted sword, belt and seale ring. He named Bernard's two sisters, Margaret and Mary and entailed the land as long as his sister's or their heirs are living. He then says if all of his children die without issue that his land is to go to his grandson John Smith. Further along in the will he calls John Smith his grandson-in-law. Used in this context the term means step-grandson. Some researchers have interpreted this wording to mean Daniel's daughters married Ralph Rouzee and John Smith. Daniel stopped short of saying his children Bernard and Mary were underage but he makes provision regarding their property should their mother die or remarry before they come of age. The wording of the will implies none of his children had issue when he signed it in 1682. Daniel further directs should his wife remarry his children Mary and Bernard were to have their estate even if they were not of age. From this clause a reasonable conclusion is that his children although not yet of age, were old enough to take care of their property should his wife remarry. This was a technique frequently found in the early Virginia records whereby fathers protected their children's estates from being looted by stepfathers. This age determination is also consistent with a marriage date of 1662 for Daniel and his wife Margaret (?) Rouzee Gaines.

    After Daniel's death the records below show what happened to the Catlett children's property and give evidence of a third marriage for Margaret his widow.
    2 October 1684. The Court doe order Mr. Henry Awbrey, Capt. Saml Blomfield Mr. Robt Plea and Mr. John Smith Junyr to meet at ye House of Capt. Daniel Gaines late deced on the twentieth Instant then & there to take & sever the Estate of ye orphans of Col John Catlett deced out of and from the Estate of the Said Capt Daniel Gaines, And that in this separation respect be had to ye Inventory and Apprisement of the said Collonll Catlett Estate the end the Orphants may in specie (as nere as possible) as well as value receive ye Estate of their Deceased Father: It is likewise further ordered that the above named Mr Awbrcy Capt. Blomfield. Mr. Ples & John Smith doe take & just and perfect Inventory & Apprismt of the Estate so severed. And delivr in ye same upon Oath to the next Court held on the South side the River; As also that the said Estate remaine in the hands of the Relict & Execurs of the above named Capt Daniel Gaines until the next South side Court as aforesaid where such further proceedings will be had therein."

    1 April 1685 Ordered that Mr. John Daingerfield an the next Court held for this county on the South side the River give in good & sufficient security for so much of the Estate of Colonll John Catlett deced as is now coming to his possession by marrying the Relict & sole Execurx of Capt Danll Gaines under whose trust & care the aforesd Estate was."

5Pettigrew, Marion Louise Dewoody, Marks-Barnett Family and Their Kin, pg 141. "Margaret Bernard married Daniel Gaines, of Rappahannock Co., Va., who died 1682, they were married in England, and had two children before coming to America, this is shown by headrights granted 1664, and issued to their son and daughter, Bernard and Elizabeth Gaines. See Gaines Chapter." Image.