Captain Thomas John (Newton) Ashby

  General Notes:

Thomas Ashby settled in Stafford County, Virginia before 1724 along Beaverdam Rum of Aquia Creek and Chopawamsic
Creek. By 1739 lands adjacent his had been surveyed in his sons names. He was an early explorer across the Blue Ridge
Mountains into the Shenandoah Valley and "Ashby Gap" is named after him. He claimed 1,269 acres on the east side of the
Shenandoah River on November 29, 1733. He served as a Captain in the county militia and was active as a companion to
surveyors of the Blue Ridge Mountains. He owned a ferry across the Shenandoah River and a tavern at Ashby's Gap. He died
in 1752 with his will proven in Winchester Court August 4, 1752.

ANDERSON'S ROYAL GENEALOGIES. 2. THE COMMONERS BY JOHN BERNARD BURKE, VOL. VI, p 176. (ASHBY COAT OF ARMS) 3. THE FAUQUIER DEMOCRAT, WARRENTON, VIRGINIA. 25 AUG 1966. (ANCESTRY OF 5TH GREAT GRANDSON, THOMAS ALMOND ASHBY, 1848-1916.) 4. WILL BOOK 2, FREDERICK CO., VIRGINIA. WILL DATED 2 APR 1752, PROVED 4 AUG 1752. 5. DEED BOOK 3 1752-1755, FREDERICK CO., VIRGINIA. 4 SEP 1753. 6. DEED BOOK 2, FREDERICK CO., VIRGINIA, p 47. 7. HISTORY OF LOWER SHENANDOAH VALLEY BY J. E. NORRIS. 8. NORTHERN NECK GRANTS - BOOK E, p 494. (PRINCE WILLIAM CO., VIRGINIA) 9. NORTHERN NECK GRANTS - BOOK F, p 292. (PRINCE WILLIAM CO., VIRGINIA) 10.EARLY SETTLERS IN CLARKE CO. EAST OF THE BLUE RIDGE, BY THE CLARKE CO. HISTORICAL ASSOCIATION. 11.FAUQUIER CO., VA, 1759-1959, BY THE FAUQUIER CO. BICENTENNIAL COMMITTEE, WARRENTON, VA, 1959. p 32. 12.CLARKE CO. HISTORICAL ASSOCIATION, VOL. 6, 8. 13.DEED BOOK 5, FREDERICK CO., VIRGINIA, p 525. 14.SHENANDOAH VALLEY PIONEERS, BY CARTMELL, p 25. 15.GEORGE WASHINGTON'S DIARY, AUGUST 1748. 16.MAPS AND NOTES PERTAINING TO UPPER SECTION OF FAUQUIER CO. VA, B, BY CURTIS CHAPPELEAR, ESQ. (YEW HILL) 17.FAUQUIER CO. DEED BOOK 1, p 80. 1759. 18.CAVALIERS AND PIONEERS, BY NUGENT, p 28. NAME: Thomas's 2nd great-grandson (thru John, Nathaniel, William R), Thomas Newton Ashby, b 1 812, claimed to have been named Thomas Newton after Capt Thomas Ashby but no further documen tation found of possible middle name of Newton for Capt Thomas..

Future President George Washingtons Diary Vol1 Page 6 March 11 1747

Fryday March 11th. 1747/8. Began my Journey in Company with George Fairfax Esqr.; we travell'd this day 40 Miles to Mr.
George Neavels in Prince William County.

The two dates used by GW are explained by the difference between New Style and Old Style dating. Until 1752 England, Ireland, and the
colonies followed the Julian Calendar (Old Style). Under England's interpretation of the Julian Calendar the new year began on 25 Mar. Because
the year under the Julian Calendar was 365 days 6 hours, by the sixteenth century a considerable surplus had accumulated, moving the vernal
equinox from 21 to 11 Mar. The error was corrected in 1582 by the Gregorian Calendar (New Style), adopted by most European countries. By
1752, when Great Britain adopted the Gregorian Calendar, the displacement was 11 days.

George Neville (Neavil) (d. 1774), a planter and land speculator, had settled on Cedar Run, then in Prince William County (now in Fauquier
County), as early as 1730. Although Neville was not licensed to keep an ordinary until 1759, the location of his house at the juncture of the
Carolina Road and a branch of the Dumfries Road made it a convenient stopping place for travelers. As early as 1743, Neville had acquired a
tract of 181 acres in Prince William and had also made extensive purchases of land in Frederick County. In 1750 GW was engaged to survey for
him some 400 acres of "Waste & ungranted Land" in Frederick belonging to the Fairfax proprietary and adjoining George William Fairfax's
property (warrant for survey, 13 Oct. 1750, DLC:GW; survey, 30 Oct. 1750, owned by Mr. Sol Feinstone, Washington Crossing, Pa.). The deed
to Neville from Lord Fairfax is dated 20 Nov. 1750 (Mr. Sol Feinstone).

Saturday March 12th. This Morning Mr. James Genn the surveyor came to us. We travel'd over the Blue Ridge to Capt. Ashbys on Shannondoa River. Nothing remarkable happen'd.

note : John Ashby (1707--1789) was a member of a prominent frontier family. His father, Thomas Ashby, had settled in Stafford County in 1710 and
moved to what is now Fauquier County before 1748. In 1741 John Ashby married Jean Combs of Maryland and moved with his father to the
banks of the Shenandoah, where the Ashby Tract lay along the river just below the mouth of Howell's Run. He was widely known as an Indian
fighter, serving as captain in the 2d Virginia Rangers which from 1752 to 1754 maintained headquarters at Fort Ashby at the juncture of the
Potomac River and Patterson's Creek. In 1752 he was elected to the Frederick Parish vestry. After Braddock's Defeat in July 1755 Ashby carried
news of the disaster to Williamsburg. He participated in the Battle of Point Pleasant in 1774 and shortly after went to Kentucky, where he spent
several years locating and improving a grant of 2,000 acres he had received from Virginia for his services in the Indian wars. He died in Virginia
in 1797.

From WILL BOOK 2, FAUQUIER CO., VA. Will of Thomas ASHBY proved 4 Aug 1752: "In the name of God Amen - I, Thomas ASHBY of Frederick County being very sick.... Item I give unto my son Thomas ASHBY one shilling sterling - to have no other part of my estate whatsoever. Secondly I give and bequeath unto my son Benjamin ASHBY all the land or parcel of land at Goose Creek whereon Enoch BERRY now lives, to him my said son and his heirs forever. Thirdly I give and bequeath unto my son Henry ASHBY all that land or part of land whereon he now lives, which now laid opposit a part of James GUIN dec'd, from my other land unto my said son and his heirs forever. But if the said Henry should die without issue the said land to fall to my son Stephen and his heirs forever. Fourthly I give and bequeath unto my son Stephen ASHBY after his mother's death all this tract or part of land whereon I now live and which was also laid off and divided by the said GUIN as afore - to my said son and his heirs forever, but if my said son Stephen should die without issue that then the said lott or tract of land is to fall to my son Henry ASHBY and his heirs forever. Fifthly I give unto my daughter Elizabeth HARDIN one shilling sterling, and that she have no other part of my estate. Sixthly I give unto my daughter Sarah ASHBY one shilling sterling. Seventhly I give unto my daughter Rose ASHBY one shilling sterling. Eighthly I give unto my daughter Ann ASHBY one shilling sterling. Ninthly I give and bequeath unto my cousin Reuben BERRY one cow and calf to be delivered to him at the age of 21. Tenthly I give unto my cousin Ann BERRY one cow and calf to be delivered to her at the age of 18 or on the day of her marriage. Eleventh It is my desire that if the land whereon John HARDEN now lives and on which I now have a mortgage, if there should be forfeited that one of my executors, namely my son Robert ASHBY, shall see the same and pay unto my daughters Sarah and Rose five pounds to each of them and the remainder to be equally divided between my loving wife Rose ASHBY, my son Stephen and my daughter Ann and in case the money be paid ac- cording to the terms thereof that then my son Robert shall divide and pay the same as that I gave in case of the land now sold. Twelfth I give and bequeath to my lovin wife Rose ASHBY my house I bought of John ASHBY also two mares and colts to be at her own disposal and as for the rest of my moveable estate to have the same during her widowhood but if she should marry that then she is to have no more than a third part of such moveable estate and then the remainder to be equally divided by my executors between my son Stephen and my daughter Ann ASHBY. Lastly I nominate and appoint my dutiful loving sons Robert, John and Henry executors of this my last Will and testament and in testimony that this is my last will and testament I have here unto set my hand and seal this second day of April one thousand seven hundred and fifty two. Thomas ASHBY (his seal) Signed, sealed, and acknowledged before and in the presence of us: James CATLETT, Francis HOWELL, Peter WOLF" At a court held for Frederick County on Thursday August 4th l752 the last will and testament of Thomas ASHBY dec'd was presented into court by Robert ASHBY and Henry ASHBY the executors and being proven by the oaths of James CATLETT and Peter WOLF, etc...granted them for obtaining probate in due time. Teste T. WOOD C of C Know all men by these presents that we, Robert ASHBY, John ASHBY and Henry ASHBY, Samuel EARLE John HASEY are held and personally bound unto Geo. Wm. FAIRFAX the first Justice in the Commission of the Peace of Frederick County for and in behalf and to the sole use and behoof of the Justices of the said county and their successors(?) in the union of five hundred pounds to be paid to the said Geo. Wm. FAIRFAX his executors adms. Deed Book 3 l752-l755 4 Sep l753, Frederick Co., Va. Reel 2, microfilm, p lll: Rec'd of Mr. Gerrard ALEXANDER 38 pounds 4 shillings & five pence being the Ballance of the Principal Debt, Interests & costs in ye within mortgage & further do I hereby as Executor of my late Father release and forever quit claim all rights, Title property and interest to ye Penalty, of the within Morgage to John HARDEN his heirs and assigns. John ASHBY Executor Teste, Gabriel JONES At a Court 5 Sep 1753 John ASHBY, Exr of Thomas ASHBY. From DEED BOOK 2, Frederick Co.. Va., p 47; Thomas ASHBY received a mortgage on John HARDIN's land 15 Nov 1749, 100 acres for 84 pounds, being the same where "John HARDIN now lives and formerly by him purchased of Jacob PENNINGTON." <This is probably the land referred to in paragraph above>. Compiler's note: Be it thoroughly understood that all issue born to any testator may or may not be contained in a will, some having already been given his share, or perhaps some having predeceased testator. As the reader progresses through this genealogy, the list of children may or may not necessarily be a complete listing for the reasons just stated. Any compiler can list only those data which he can obtain. Reader will note, also, that neither sons John nor Robert ASHBY received any share of the estate, being listed only as executors. Some sources have contended that Thomas ASHBY married a Frances WOODRUFF. Another claimed that Rose's name was MONCURE, and still another that her name was FARROW. Compiler has proved none so far. In the will of Thomas ASHBY he specifically states that Stephen's mother was Rose. How many children belonged to which wife is uncertain except for Stephen, and maybe Ann ASHBY. In the Will, Thomas ASHBY mentions cousins Reuben and Ann BERRY but does not explain the relationship further. A Reuben BERRY enters the family again later as hus/o Sinah(3)ASHBY d/o Henry(2)ASHBY. Thomas (1) ASHBY is said to have located in Fauquier County, Va. about 1700 and the following references are offered as background data: HISTORY OF LOWER SHENANDOAH VALLEY, J. E. Norris, "Thomas ASHBY was in the Colonial Wars. He was in Stafford County near Paris in or about 171O. That part of Virginia is called the Northern Neck and is now Fauquier County, having the name changed in 1759. A land grant gave Thomas ASHBY 370 acres lying across the Junction with Cracked <Crooked?> Run and in what was then Prlnce William County. (NORTHERN NECK GRANTS - BOOK E - p 494) 108 acres on Bent Branch (BOOK F, p 292). These two sites covered the present village of Delaplane, Virginia. EARLY SETTLERS IN CLARKE COUNTY EAST OF THE BLUE RIDGE, Clarke County Historical Association: The ASHBY tract was the homes of Thomas (1) ASHBY for whom ASHBY's Gap was named and of Captain John(2), famous in frontier warfare and a leading citizen of Old Frederick County, Va. Thomas ASHBY's home was near the river about three miles below HOWELL's Run. A bundle of papers in the file cases of the Frederick County Court marked "BERRY vs FAIRFAX" re John FISHBACK Land Causes ended March Court 1793," would give the impression that after Lord FAIRFAX moved to Greenway Court he became directly interested in a road by KERSEY's Ferry. The suit to settle BERRY's claim to land he had bought from the heirs of John FISHBACK and which the heirs of Lord FAIRFAX claimed. The depositions of Jeremiah DARNAL and Benj. ASHBY taken in 1791 and which consisted principally of what they had heard disclosed "that Old Captain Thomas ASHBY had located the land for FISHBACK at the same time he located his own about 1736." CLARKE COUNTY HISTORICAL ASSOCIATION: "Among articles illustrated. . .etc. and the surveyor's compass made for Captain Thomas ASHBY, surveyor of Frederick and Fauquier Counties, who lived in Clarke County on the east bank of the Shenandoah River between BERRY's Ferry and Howellsville." <Compiler knows no more exact citation) CLARKE COUNTY HISTORICAL ASSOCIATION, v 6, "On 2 June 1752 Thomas ASHBY was appointed overseer of road from BURWELL's Mill to the forks of the road at Fox Trap Point, also road to the Wagon ford in the room of Joseph COMBS...." [If this is the same Thomas ASHBY, he died very soon after the appointment] DEED BOOK 5, Frederick Co.. Va., p 525. By patent 1734 Thomas ASHBY received 200 acres on the north side of the Shenandoah River from Joist HITE. SHENANDOAH VALLEY PIONEERS, Cartmell, p 25; "Captain ASHBY lived on the Shenandoah River above BURELL's Island (1749-50) and his sons Henry and Robert on the Fairfax Road." An undocumented note states that Isaac and Abraham PENNINGTON reached the Shenandoah Valley from New Jersey in the 1730's and were soon followed by Jacob - received a patent of 600 acres nesr SNICKER's Ferry on the Shenandoah River. <This refers to the earlier account re Jacob PENNINGTON in Deed Book 2, Frederick Co., p 47> GEORGE WASHINGTON'S DIARY (no further citation); 1737 depositions of Record of suit of Joist HITE vs Thomas Lord FAIRFAX taken at Thomas ASHBY's. "Aug 2 1748 - to Thomas HOOPER's and to Mark HARDIN's on both sides of the river be clear and work on same under Thomas ASHBY Jr." CLARKE COUNTY HISTORICAL ASSOCIATION, v 8 "Berryville." Map of The Manor of Greenway Court and Vicinity "Calmes Neck," these are the sites of "Leases for Lives" in Leeds Manor in numerical order of Captain Thomas BERRY, Joseph KING, Benjamin BERRY, Thomas ASHBY taken in 1792. Thomas ASHBY had sons John and Robert. FAUQUIER COUNTY, VIRGINIA 1759-1959, The Fauquier County Bicentennial Committee, Warrenton, Va.~ 1959, p 32: 'Thomas ASHBY in 1742 was a pioneer then living over the Ridge, 320 acres on the Winchester-Falmouth Road. His home, near Delaplane, was called "Yew Hill." CLARKE COUNTY HISTORICAL ASSOCIATION, The FAIRFAX Manors of Leeds and Gooney Run. Early Settlements: "John WARNER's map of the Shenandoah River shows few settlements on the south side. The first within CALMES Neck is "a stone cabin, next CALMES settlement, next John FISHBACK, next Samuels TIMMONS on land of Mr. Landon CARTER and then Robert, John, Captain Thomas and Thomas ASHBY Jr. MAPS AND NOTES PERTAINING TO UPPER SECTION OF FAUQUIER COUNTY, VIRGINIA, B. Curtis Chappelear, Esq.: "Yew Hill" built on a tract granted Thomas ASHBY in 1742 from the office of the Proprietor of the Northern Neck of Virginia. Thomas ASHBY was the first of his family to settle in Northern Virginia. When he received the "Yew Hill" grant he was living on the Shenandoah River five miles above BURWELL's Island. His Patent in Fauquier County (then Prince William County) was bounded on the south by the Henry TURNER Patent and on the north by Goose Creek and a line running from the mouth of Crooked Run along the Landon CARTER Patent for a distance of about one-half mile to the James BALL Patent. "Yew Hill" was the first of a tenant of Thomas ASHBY and in 1760 became the home of his son Robert R. ASHBY (see Winchester, Frederick Count, Va. Deed Book 3, p 33.) Account of Thomas ASHBY to Robert ASHBY. Recorded 4 Mar 1762. Compiler's note: It is believed that the R in name of Robert R. ASHBY was hls mark instead of an X - not the initial of a middle name. See his Will later. Thomas (1) ASHBY was sometimes referred to in early Frederick County, Va. as "Thomas ASHBIE, the elder. He was granted land in Fauquier County as early as 1742 (see FAUQUIER COUNTY DEED BOOK 1, p 80, 1759.) MISCELLANEOUS NOTES Some sources claim that Thomas ASH8Y was a gson of an Edward ASHBY but compiler has found no proof. Thomas(l) ASHBY did, however, have a gson Edward(3)John(2)Thomas(l). Northampton County~ Va. "Thomas RICHARDS and Lettice ASHBY, wid/o Mr. Edward ASHBY m before 8 Oct 1694~ Edward ASHBY is listed in Tithables of Northampton Co.,Va. Aug 1666. CHARLES PARISH, YORK COUNTY, VIRGINIA HISTORY AND REGISTERS, P44: William ASHBY s/o William and Sarah b 1 Dec 1681 <Reader will note that this is about the birthdate of Thomas(l)ASHBY. Was William a bro? ENGLISH DUPLICATES OF LOST VIRGINIA RECORDS, des Cognets, Jr., p 325: Ellis ASHBY. p 190: William ASHBY - Princess Ann County, Virginia Rent Roll 1704 - William ASHBY 100 acres. Gloucester County, Va. 16 Oct 1681 - Roger ASHBY headright of Alexander MURRAY. CAVALIERS AND PIONEERS , Nugent, p 28: Mr. Jer. CLEMENT 500 acres on James River 11 June 1635 for transporting nine persons including a Thomas ASHBY. One source (undocumented) claims that a John ASHBIE was one of the first settlers of Jamestown who came 6 Aug 1607. Thomas ASHBY came to Virginia 1632 with Elliot NORTON who was later President of Harvard <This may be the New England group > Then there was an Edmund ASHBY who, according to family tradition, was an adherent to Charles I came from England to Virginia during CROMWELL's protectorate ca 1650, married and had children. A Robert ASHBy was brought to Virginia 1651 by Captain George READ of Lancaster County; and still another Roger ASHBY the same year brought by Colonel Richard LEE, Esq. of Gloucester County. Into Maryland came Thomas ASHBY in 1669, William ASHBEE in 1671, and John ASHBY in 1672 (see MARYLAND REVOLUTIONARY RECORDS, v 3, p 6). Whether any of these were progenitors of our Thomas(l)ASHBY is pure speculation, and compiler has no proof. However, all of the foregoing, except Roger, are fairly common names and appear throughout the ASHBY genealogy. It is possible, also, that none are and that our Thomas(l)ASHBY was the immigrant. Unidentified news item, probably the FAUQUIER DEMOCRAT undated, FAUQUIER LAND OWNED BY WASHINGTON - Delaplane Goes Back to 1700's by Mrs. J. Ben McCARTY. "Five of the grants and patents from the proprietor of Thomas Lord FAIRFAX's Northern Neck estate converged in the neighborhood of what is now called Delaplane. In 1772 Colonel Thomas MARSHALL purchased 1824 acres, a part of the Thomas Henry TURNER patent which became the property of his son, Chief Justice John MARSHALL. Five hundred acres with the original home called "Oak Hill" holds as the heart of the estate. It is now owned by A. V. BAIRD, resident for the past 40 years. Landon CARTER's extensive 9,600 acre grant covered much of the eastern part of northern Fauquier. The site of the first log cabin built by hls nephews who came from Prince William to claim their inheritance is now on the farm of Hilary A. MARSHALL. The James BALL grant af approximately 8,000 acres, dated 1731, extended from below Paris to Goose Creek, lying between Landon CARTER's and the Manor of Leeds. This was devised to his son, James BALL, Jr. of Lancaster, and daughter Sinah Ball McCARTY (wife of Daniel McCARTY) of Fairfax. They, through BERTRAM and EWELL, surveyors from Prince William, dispersed this area in large sections to the incoming pioneers. Some of the same family, however, now reside on this land with other residents north of Goose Creek. Thomas ASHBY patented land in 1742, bounded by Goose Creek on the north. This became the home known as "Yew Hill" (said to have been the first house built in this community with glass windows) of his son Robert ASHBY, and remained in the family until the eariy part of the l9th century. George WASHINGTON is known to have spent several nights in this house on his way to survey his own land around Gap Run, near ASHBY's Gap. it is now owned by R. C. IDEN. By deed dated April 17, 1775, Bryan FAIRFAX conveyed to George WASHINGTON 600 acres within the eastern boundary of Delaplane, which WASHINGTON called "my Chattin's Run Tract." This is now owned by Roland PIERCE. Located on the sam¢ tract is "Esthone" the home of the Anthony WILSONS. The first post office was called "Oak Hill," marked for many years by a wayside store, now pushed aside by highway progress. Many letters are extant bearing the stamp of the old stage route from Falmouth to Winchester with the Post Office at Oak Hill and Watts Ordinary at the corner. With the coming of the railroad in 1842 (corrected to read 1805) the post office was moved to what became the center of a village. It was called Piedmont Station and figured as such in the War Between the States. In 1874 the name was changed to the one it now holds--Delaplane-- in recognition of John Washington DELAPLANE who was in the merchantile business at the station. Some of his descendants own the property today. In the early rosters of colonial militia and in the muster rolls of the Revolution, many familiar neighborhood names are found: Thomas and John MARSHALL, John Thomas CHUNN; Robert, Nimrod, and John ASHBY, Thomas and George BLACKMORE; Thomas, John, and Andrew BARBEE, Francis and Uriel ASH, Thomas and Joseph SMITH, Joseph O'BANNON, Joseph CHILTON, Nathaniel GRIGSBY, Hezekiah TURNER. Time and a little research no doubt could bring to light the names of others. Confederate crosses mark the graves of soldiers in that cause. Nearby can be found Captain John ASHBY, Dr. Hugh GREEN, Dr. John ADAMS, Edward SHACKLETT, and Channing SMITH - valorous scout for Robert E. LEE. World Wars I and II give lists too long for enumeration. Suf- fice it to say, they include names of some whose service was supreme. Evidence of early industries remain. Brick were made at the kiln on property now owned by D. V. FINLEY. There was a tannery at Oak Hill from 1801 onward, a fuller mill just north of Goose Creek and the blacksmith shop at the station--said to be one of the oldest around--stood until the early part of the 20th century. Families combined, as was the custom, for the services of a tutor or governess. Higher education was provided at Piedmont Academy, located at "Woodbourne," an old ASH home, now owned by James H. RIVES. In the 1830's there was another school on the road to Paris and later the young men were taught at Ashland, now in the J. M. HATCHER family. Names of homes which have survived a century or more without change include Oak Hill, AshLeigh, Ivanhoe, The Grove. Woodside, Yew Hill, Waverley, Willow Hill, Carrington, Mt. Blanc, Ashby Glen, Aspen Dale, Ashland, Mt. Pleasant, Oakwood, Greenland, Pleasant Vale, Spring Valley, Locust Grove, Inglewood, Mt. Independence, and others. There has been much residential turnover in recent years--some of wealth and others who upon retirement buy smaller homes in search of serenity. Occupation is generally unprofitable farming, balanced by the satisfaction of independence. Withal, there is impending apprehension of oncoming surburban pressure. Population, because of smaller families and many farms being held intact, remains about the same. Increasingly, the younger generations reach out for wider opportunities, but nearly always the tle holds for the gathering years to find them back on the old soil. So, in quiet unobtrusiveness, this little community continues, as of yore, to meet the call of duty and contribute threads to the pattern from which is woven the strong fabric called America." One source stated that Burr HARRISON m. Ann BARNES and had issue Elizabeth HARRISON who m Joseph COMB5 Sr and had issue Jean COMBS who m 11 May 1741 John ASHBY. Compiler takes neither credit nor blame for Jean COMBS' ancestry but merely lists it here for the reader. A Thomas ASHBY was one of nine persons brought to Virginia by Jeremiah CLEMENTS 22 June 1635 Stafford Co. <although this is too early for Thomas(l)ASHBY, it could be the source of the Jeremiah(3)ASHBY name> ANNALS OF ASHBY, Clarke Co., Va Historical Assn, v 8 or 13, 1944 or 54 <Compiler worked from incomplete notes of other> a Thomas ASHBY m Frances WOODRUFF, moved from Maryland to Clarke Co., Va., ca 1743. Minute Book, Prince William Co., Va, Manassas Courthouse,p 31 dated 26/27 November 1753: DIVORCE On the motion of Marquis CALMES, by William ELZEY, his attorney, as Trustee for Betty HARDING on a decree for alimony against her husband, Mark HARDIN, who failing to comply with this court's decree ordered that the sd. HARDIN be attacht to comply with same. Minute Book, Prince William Co., Va 1752 -1753: At a Court continued & held for Prince William County, the 27th of November 1753. PRESENT: John WRIGHT, Benjamin GRAYSON, Bertrand EWELL, and Henry PEYTON, Gent. Justices. Mark HARDIN Dr. to 4 years allowance for separate maintenance as per the decree of Prince William Court at 650 lbs. Tobo 2600 lbs EE Eliz. HARDIN June ye 19 day 1754 then Received of Mark HARDIN one drop [crop?] Hogshead of tobacco off Weight & Cask on the account of his wife Betty HARDIN. I say Received by me. (see next page) Robert ASHBY Frederick Countv, Virginia Circuit Court, Winchester Courthouse: This day came Betty Alias Elizabeth HARDEN & Complained to me William COCKE of his Majesty's Justices that Mark HARDIN Stands Indebted to her two Thousand Pounds of Tobacco and hath Removed out of this County So that the Ordinary Process of Law cannot be Served upon him. These are therefore to Require You to Attach so much of the estate of the said HARDEN as shall be of Value to Satisfy the said Debt & Cost and the Same in Your hands to Secure or To Provide that further proceedings may be had at the Next Court to be held for this County to which you are to make Return how you have Executed This Precept. Given under my hand this 2d Day of March 1757 To any officer to Execute & Return W. COCKE We, the subscribers do Promise to Pay to Mark HARDEN 15 pounds Current Money in Case I the Subscriber be caut in my Suit On Attachment, obtained against Mark HARDIN & Refuseth Payment Or Cost &c To which Payment to be made we bind our selves our heirs, Exrs & Admrs in the Penal Sum of 30 pounds. Witness our hands & seals this 2 day of March 1757. Sind before me, W. COCKE Betty her x mark HARDIN (Seal) Ed SNICKERS (Seal) Peter his x mark CATLIT (Seal) Back Endorsement: HARDEN VS HARDEN att Attach in the hands of John HARDEN Gent. By virtue of the Within I have attached in the hands of John HARDEN Gent & Summoned him on a Garnishee P Jas IRESON April Garnishee HARDIN Sworn Declares he had before the attachment £20 6 sheep 12 shoats that he has assumed to pay the Debts cf his brother to Mr. KNOX & others more than the value of what is in his hand. Garnishee Dischgd & Dismd HARDIN V HARDIN To the Worshipful Court of Frederick County Elizabeth HARDIN Humbly Sheweth that John HARDIN Stands Indebted to her 600 pounds of Tobacco Due by Acct. Refuseth payment wherefore your Petitioner prays Judgment for the Same with Costs. George the 2d by the Grace of God of Great Britain France & Ireland Kind Defender of the Faith &c to one of our Coroners of Frederick County. GREETING due Command You to Summon John HARDIN to Appear before the Justices of our sd Court house of the County on the first Tuesday in December. Petition of Elizabeth HARDIN. WHEREAS the above is a true copy. Witness James WOOD, Clerk of our sd Court at the courthouse the 19th day of December in the 31st year of our Reign. J. WOOD George the 2d by the Grace of God of Great Britain, France & Ireland King Defender of the Faith &c. TO ONE OF OUR Coroners of Frederick County. We Command you that you summon James CATLET. . . to appear before the Justices of our sd County Court at the court house of the said County on the first Tuesday in December next to Testify & the Truth to Say on Behalf of Elizabeth HARDIN in a certain Matter or controversy in our said Court before our said Justices Depending and undetermined Between the said Elizabeth HARDIN Ptf and John HARDIN Def and this shall be in no wise omit under Penalty of £100. WITNESS James WOOD, Clerk of our said Court at the Court House the 19th November in the 31st year of our Reign. J. WOOD [Note: These items in the suit of Elizabeth ASHBY against Mark HARDIN for "separate maintenance" and "alimony" are copied from photostatic copies of seven loose papers in the courthouse of Frederick County, Virginia, Winchester Court house. The statement has been made, in print, that John HARDIN married Elizabeth ASHBY. This is in error, and was probably made in the interpretation of the final "Back Endorsement" of attachment. Record show Major John HARDIN, mentioned in these documents as husband of Catherine MARR, daughter of John MARR and "eldest" son of Mark and Mary HARDIN of Prince William County, Virginia, Manassas Courthouse.] I. HARDIN of 3875 Line Ave., #147, Shreveport, LA 71106 submitted the following: "Mrs. FITZGERALD corrected the omission in KENTUCKY ANCESTORS. This item explains the following action: Since the annual payment was 650 lbs yearly for four years, and Mark HARDIN sent the first payment of 1062 lbs., he overpaid 412 lbs. toward the second of four years. Asking for 2,000 lbs. runs the legal total up to 3,062 lbs., whereas the decree called for 650 lbs. yearly for four years, a total of 2600 lbs. I think it is probable that Mark HARDIN did not care for Robert ASHBY receipting the payment to his sister. I am undoubtedly partial to my great, great, great, great grandfather, over his wife, who is equally related to me. You will note in the Will of Thomas(l) ASHBY that he leaves his daughter Elizabeth HARDIN one dollar, or pound. Years ago Miss Ann Waller REDDY of Richmond, Va. stated that the will was not unusual. If ever you locate this first suit application, before 1753, I would gladly pay. . . . One thing is certain, the HARDIN sons, of Mark HARDIN, made their way westward into Kentucky as soon as they were of age for freedom. I have been able, in a lifetime of search, to account for what seems like a full roll of the sons; every generation down to the present, carries the name of Mark HARDIN, but no remembrance of Elizabeth appears. There must have been daughters also, but naturally they are more difficult to locate and to identify. SOUR: @S90@ He was married to Rose Berry about 1706 in Fauquier Co., VA. Children were: Capt. John ("Rufus") Ashby, Benjamin Ashby , Robert Ashby, Stephen Ashby , Thomas Ashby Jr., Henry Ashby , Elizabeth Ashby, Sarah Ashby , Rose Ashby, Ann Ashby .

One record states Thomas was a grandson of Thomas Ashby who came to America from England on 11 Jun 1635.
Will Book 2 page 53 in Frederick Co., VA. - Lee Fleming Keese, The Ashby Book

History of the Lower Shenandoah Valley, J.E. Norris " Thomas ASHBY was in the Colonial Wars. He was in Stafford County near Paris in or about 1710. That part of Virginia is called the Northern Neck and is now Fauquier County, having the name changed in 1759. A land grant gave Thomas ASHBY 370 acres lying across the Junction with Cracked [Crooked?] Run and in what was then Prince William County. [see Northern neck Grants -Book E-p 494] 108 acres on Bent Branch [Book F, p 292]. These two sites cover the present village of Delaplane, Virginia." Early Settlers in Clarke County East of the Blue Ridge, Clarke County Historical Association: "The ASHBY tract was the home of Thomas ASHBY for whom ASHBY'S GAP was named and of Captain John ASHBY [son of Thomas], famous in the frontier warfare and a leading citizen of Old Frederick County, Virginia. Thomas ASHBY's home was near the river about three miles below HOWELL's Run."

THOMAS CAME TO VIRGINIA COLONY, (TYDEWATER), THEN SETTLING IN SHENANDOAH VALLEY about 1710 along Beaverdam Rum of Aquia Creek and Chopawamsic Creek. By 1739 lands adjacent his had been surveryed in his son's names. He was an early explorer across the Blue Ridge Mountains into the Shenandoah Valley and "Ashby Gap" is named after him. He claimed 1269 acres on the East side of the Shenandoah River on Novermber 19, 1733. He served as a Captain in the county militia and was active as a companion to surveyors of the Blue Ridge Mountains. He owned a ferry across the Shenandoah River and a tavern at Ashby's Gap. He died in 1752 with his will proven in Winchester Court August 4, 1752.

Thomas married Rosanna (Rose) Berry in 1731 in Overwharton Parish, Stafford, Virginia. (Rosanna (Rose) Berry was born about 1694 in Frederick, Virginia and died on 2 Apr 1752 in Prince William County, Virginia.)

Thomas next married Frances Woodruff.