Capt. Daniel Gaines

Daniel Gaines was born 1614. His father is listed as Thomas Gaines who immigrated to Virginia about 1650. This information seems to come from a book on the Gaines Family by Calvin Suthherd.

Daniel, married the widow Margaret Bernard Rowzee about 1650 probably in Virginia soon after arriving there with his father. Daniel was in the Militia and carried the title Captain when they wed.

The children of Daniel and Margaret were:

• 1. Bernard Gaines born 1650 wed Martha Taylor
• 2. Elizabeth Gaines born 1652 wed John Catlett Jr.
• 3. Margaret Gaines born about 1653, died about 1719
• 4. Mary Gaines born about 1654 wed John Smith

Daniel was a distinguished and trusted man of the community. He was the first Justice of the Peace in Rappahannock Ct, and active in an Amherst County committee in 1671. He was appointed attorney in a deed transfer in 1667, and thus noted in Genealogies of Virginia Families, Vol III: Early Immigrants to Virginia by Greer. Cavaliers and Pioneers by Nugent, page 334.

The will of Daniel was written August 18, 1682 and proved October 16, 1684 in Old Rappahannock. In the will he mentions wife Margaret, children Bernard, Margaret and Mary, sons in law (stepsons) Ralph Rowzee and John Smith, the deceased Col. John Catlett and son, kinsman John Catlett, Jr.

Margaret had at least one child by her first marriage. In Old churches, Ministers and Families of Virginia by Meade 1857 the Catlett’s were described as "planters of the respectable, yet not most opulent class".

There is great disagreement on whom their daughter Margaret married.

One website, oatman16@aol.com states their daughter Margaret Gaines wed 1st John Prosser and 2nd Symon Miller.

A Second website, TEbel2888@aol.com states that the daughter Margaret Gaines wed Ralph Rowzee, who may have been her stepbrother. They had 8 children and he died in 1719. Margaret is mentioned in the will the same way that Mary and John Smith were, so it seems more likely that this Margaret wed Ralph Rowzee. However, we don’t know if it was her stepbrother or another Ralph Rowzee. It would be helpful to read Mr. Rowzee’s will.

A third website, enterpri@cswnet.com states this Margaret wed the Honorable John Pryor and had a daughter Mildred Pryor.

_RIN: 1 1

Change Date: 27 AUG 2002 at 11:29:27

Father: Thomas Gaines b: 1580 in Wales

Mother: Blanche Kemis

Marriage 1 Margret Benard b: 1625

1

Children

Margaret Gains b: 1644

Sources:

Title: GEDCOM File : gentracker.ged

Author: Joesph Lafayette Murray

Abbrev: fate murray

Abbrev: GEDCOM File : gentracker.ged

Date: 8 JAN 2002

Daniel Gaines, son of Thomas and grandson of Sir John Gaines, direct descendant of Bryehan, King of Wales, among whose descendants were Beli (Heli) The Great, emperor of Great Britain: St. David, Patron Saint of Wales, Roderick the Great, from whom descends King George of England, and Llewellyn the Great, last and probably the greatest of Welch Kings (who reigned 1194 to 1240). Captain Daniel Gaines was born about 1623 in England, died about 1683. He made his will in Sittingbourne, Parish, Rappahannock--now Richmond County, Virginia, which was probated 16 October 1684. He was Captain in Virginia Militia in 1680. His four children are mentioned.

• Reference: FamilySearch Genealogy - SmartCopy: Mar 2 2019, 23:27:33 UTC

Patents Land 400 Acres On 28 Jul 1663 he patents 400 acres of land in Rappahannock County, VA. Source: Cavaliers and Pioneers. Abstracts of Virginia Land Patents and Grants, 1623-1666, Vol. I

Captain of the VA Militia in 1680

Will dated 18 Aug 1682 and probated 16 Oct 1684 in Rappannock, VA VA Co Records-Crozier, V. 6, p.219

GEDCOM Note

Military Service

Daniel was a Captain in the Virginia Militia.

GEDCOM Note

Will Abstracts of (Old) Rappahannock County, Virginia 1682-1687

Will Abstracts of (Old) Rappahannock County, Virginia 1682-1687 (McLean, VA: The Antient Press, 1990) p. 25 Will of John Watson appoints his trusty and welbeloved Friends, Capt. Daniell Gaines. Mr. Francis Slaughter, Mr. Jno Catlett and Mr. Willm Underwood as Overseers of his Will signed 6 February 1683. presented 2 April 1684 (two months later) p. 39-41 Will of Daniel Gaines 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. ...debts pd...Orphants of Colnll John Catlett deced to be paid out of the negroes and other goods that did belong to the sd Colnll Catlets Estate the Negroes & Goods to be pd as they were appraised to me as may appear by Inventory. Item...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 for Ever 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 Dowre 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 Colnll John Catlett remaine with my Wife til they come of age or not 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 Eighteeenth of August in the yeare of our Lord One thousand Six hundred Eighty & two Signed Sealed & delivered and declared Daniel Gaines presence of 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

This 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.

2 October 1684 The Court doe order Mr. Henry Awbrey, Capt. Saml Blomfeild 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 Awbrey Capt. Blimfeild, Mr. Plea & John Smith doe take a 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 & Execurx of the above named Capt Daniel Gaines untill the next South side Court as aforesaid where such further proceedings will be had therein

1 April 1685 Ordered that Mr. John Daningerfield at the next Court held for this count 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

GEDCOM Note

Life Sketch

1st Justice of the Peace in Rappahannock, County, Virginia. Captain in the army of the King of England, 1680, in the Virginia Colonial Militia.

GEDCOM Note

Marks Barnett Families and their Kin, pages 147-148

reads: Daniel Gaines is as far back as our branch of the family can trace a well established line. He married Margaret Bernard, 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 Gaines and Margaret Bernard were married before coming to America, perhaps in England ... Modified 25 March 2015 by susanraenanoff1

GEDCOM Note

THE DIARY OF ROBERT ROSE, edited and ann

THE DIARY OF ROBERT ROSE, edited and annotated by Ralph Emmett Fall, 1977: Daniel Gaines (d. 1684). NOTABLE SOUTHERN FAMILIES, compiled by Zella Armstrong, 1974: "Gaines": Daniel Gaines married Margaret Bernard. GARRETT, CATLETT, WARE AND RELATED FAMILIES, compiled by Sunie Garrett Talbert Elliott Fisher: Daniel Gaines, an early captain in the colonial Militia of Rappahannock. He patented 400 acres of land for transplanting 50 Headrights and 50 acres for transplanting Mary Tatton in 1681 (SOME EMMIGRANTS TO VIRGINIA: MEMORANDA IN REGARD TO SEVERAL HUNDRED EMMIGRANTS TO VIRGINIA DURING THE COLONIAL PERIOD WHOSE PARENTAGE IS SHOWN OR FORMED RESIDENCE INDICATED BY AUTHENTIC RECORDS, Stanard William Glover.) A HISTORY OF TWO VIRGINIA FAMILIES TRANSPLANTED FROM COUNTY KENT, ENGLAND, by Dr. and Mrs. William Carter Stubbs: Dan'l Gaines, who is believed to have married Miss Rowzie, half-sister of Col. Jno Catlett the imgt., since Capt. Dan'l Gaines, in his will (Essex co.), Aug. 18, 1682, mentions wife "Margaret," and "orphans of Col. Jno. Catlett to be paid out of the negroes who belong to his estate," and calls Jno. Catlett "his kinsman," and directs that "children of Col. Jno Catlett to remain with my wife until they come of age or until she married." Again, in 1671, Mrs. Elizabeth Catlett, widow of Col. Jno., gave power of attorney to Mr. Dan'l Gaines, and also later made him "overseer of her will" and to have main charge of the children (1673). After a suit in May court, 1673, between Rev. Amory Butler (who married the widow of Col. John Catlett) and Capt. Thos. Hawkins, who married the sister of Mrs. Jno. Catlett, Dan'l Gaines took charge of the Catlett children and Rev. Butler of the estate. (all from Essex Records.) Research by Richard R. Dietz, 10528 Lower Azusa Rd., #162, El Monte, CA 91731-1296: Capt. Daniel Gaines, b. 1623, co. Brecon, Wales; d. 1684, Sittingbourne, Rappahannock Co. VA. CAVALIERS AND PIONEERS, abstracted and indexed by Nell Marion Nugent, 19 34: Patent Book 5. Mr. Robt. Davies (Davis), 2580 acs. Rappa. Co., 25 Sept. 1665, p. 397, (457). In the freshes of the River; 2164 acs. on the S. side thereof ... to white oake dividing Cornwell & Mr. Daniel Gaines standing nere Cattaile br. made by Mr. Thomas Lucas, Sr. Creek, thence N.N.E. by sd. Mr. Games lyne ...

GEDCOM Note

History of Daniel Gaines from book on Gaines Family by Calvin Sutherd Daniel Gaines was born 1614. His father is listed as Thomas Gaines who immigrated to Virginia about 1650. This information seems to come from a book on the Gaines Family by Calvin Suthherd.

Daniel, m