Name: Philemon WATERS
Given Name: Philemon
Birth: ABT 1680
Death: ABT Jun 1753
Resided 1711 , Stafford, Va
Resided 1724 Overwharton Parish, Stafford, Va
Resided 1739 , Prince William, Va
All of the following research/sources have been gathered and made available by Jean Holly Day (Williamdaysr@aol.com).
Change Date: 29 Nov 2005 at 00:00:00
Philemon Waters I
ca 1680 - 1753
Philemon Waters I was born ca 1680, place unknown and parents unknown at this time. It has been written and said by many that he was a descendant of Edward & William Waters. He is not of that family as proven by a lawsuit which will be given at the end of this web site. He was about the same age as the 6 sons of William Waters, but he was not one of the sons. nor was he a grandson. The first appearance of Philemon Waters I was in 1701. In Cavaliers & Pioneers, Vol III, Page 49 we find the following entry:
" Mr. William Tomlin, 191½ acres, Essex County, on S side of Rappa River: beg. on Ceeder Point on N side of the mouth of Gelson's Cr., cor. of land of Maj. Gelson, dec'd &c 24 Oct. 1701, page 379 (Patent Book 9) Trans of 4 pers. Wm. Hingland, Wm. Kelley, Phillmond Waters, John Carey."
The first known record of Philemon Waters was dated October 24, 1701 in Essex County, Virginia. He is listed as one of the persons transported to America by Mr. William Tomlin. The point from which he was transported was not stated in the deed. Neither is the exact date of the transportation. While it is known that some waited years to collect the land that was due them for the transportation of emmigrants, it was certainly before 1701when Philemon Waters immigrated to America. Also, no place of birth for Philomen Waters can be known since no document has been located with mention made of the same.
The next appearance of Philemon Waters I was in 1711. In the VA Northern Neck Grants 1694 - 1742, Page 52. "Henry Philkins & Lewis Renoe of Stafford County, Wrnt. 19 Oct. last (1711). Philkins assigned his right to James French of said County 22 Jan. last (1711). French assigned same to Philemon Waters of sd. County, 15 March last (1711) Reno & Walters returned Surv. by Mr. Thomas Hooper, 466 acres of land on Occaquan River, adj. Lewis Reno & Lewis Tacquett, Philemon Walters in Stafford County, 30 June 1712." The new year began on March 25th prior to 1753. Waters was often spelled Watters, Walters, etc.
Listed below are other entries for Philemon Waters I.
Northern Neck Grants 1694 - 1742, Page 58.
Mary & John Tacquet of Stafford County, 226 acres on Occaquan River adj. Lewis Renoe & Lewis Taquet, Lewis Renoe & Philemon Waters. Wrnt. 14 August 1714. Mr Thomas Hooper surveyed. 28 Feb. 1714/15.
Philemon Waters of Stafford County 403 acres on Ceader Run Br of Occaquan in Stafford County, Wrnt. 19 Feb. last (1722) Surv. by Capt. Tho's. Hooper 20 Feb. last (1722) Adj. Capt. Thos. Harrissen & Tho's. Whitledge, Chappawamsick Cr. , Maurice Lynah, near Tacquett Run. (See A-12 Brenton Grant) 5 April 1723.
One of the most important finds is the one below.
" The Register of Overwharton Parish, Stafford County, Virginia, 1723 - 1758.
Page 155. In this Parish Register Book is a list of: " Tenders of Tobacco in Overwharton Parish 1724. On page 160 is the household of Philemon Waters I. The number of tobacco plants you were allowed to plant depended upon the number of people in the household able to work them. Names with no age means they were over 16 and tithables. Males under 16 had their ages given. This #meant years.
Philemon Waters----12,312 plants
Philemon Waters, Junr. --13 # (years)
Thomas Waters--10# (years)
Philemon Waters, Junr. was born 8 October 1711 according to the old manuscript found in Houston, Texas over 100 years ago, in the possession of a Mrs. Marrast, a descendant of " Ferry Phil " Waters. This is the proof that shows the old document was correct. Thomas was about 10 years old, thus born ca 1714.
Northern Neck Grants 1692 - 1742, Page 83
Philemon Waters of Stafford County, 586 acres in said County on Cedar Run adj. Lewis Renoe, Lewis Tacquett, Henry Halley, Maurice Lynah. 8 Feb. 1725. (Note:
Philemon Waters I was my 5th Great Grandfather & Henry Holley II was my 6th Great Grandfather)
Leonard Helmes of Stafford County, 402 acres in Stafford County on Ceader Run adj. Richard Tedwell, Thomas Whitledge, Philemon Waters. 25 Jan. 1726.
Philemon Walters of Stafford County, 122 acres in Stafford Co. on a branch of Quanticot adj. Sam'l. Jackson. 25 Feb. 1728-29.
John McMillan of Prince William County (Prince William had been made from Stafford in 1731.) 400 acres in Prince William on Quantico Brs. adj. Philemon Waters, Francis Jackson. Surv. by Mr. John Warner, 30 May 1739.
Rev. Dr. Charles Green of Prince William County 600 acres in Pr. William County on br. of Cedar Run of Quantico, Surv. by Mr. George Byrnes. Adj. Henry Halley (Holley) dec'd, Philemon Waters the elder, Mr. Threlkeld, Philemon Waters the younger, John McMillan, Philmon's Branch. 12 June 1741. (Note: This is Philemon Waters I and Philemon Waters II or Junr. Still later in the early 1750's the court records speak of Philemon Waters the eldest, Philemon Waters the younger and Philemon Waters the youngest. The youngest being Col. Philemon Waters III, which we all know well--Col. Phil of South Carolina.
William Moore of Prince William County 190 acres in said County adj. William Halley (Holley), William Spillers, Henry Halley (Holley), John Tacquet, Philemon Waters, Cedar Run Rd., Richard Wright, William Halley (Holley) dec'd. now, Thomas Chilton's, Henry Halley (Holley) dec'd now. James Granch (French ?), & Leonard Hornby's. Surv. by Mr. John Warner. 21 Jan. 1740.
Philemon Waters I married Mary ____? about 1707 as their first child was born ca 1709. Not all of their children are known due to the destruction of the Stafford & Prince William County records. Philemon Waters I was a very active person in Prince William County. He gave land for the second court house in 1742. There is a historical marker marking as near the spot as they can since the land that Philemon owned is now Quantico Marine Base, United States Marines.
Philemon Waters I was married twice. Mary was the mother of his children. Some say he married 2nd the Widow Catherine Newport. This may be correct as the Newports were neighbors and his second wife's name was Catherine.
Source - http://members.tripod.com/jeanday1/Waters_Phil_I.htm
Order Book 1753 -1757
25 June 1753
Prince William County, VA
The Last Will & Testament of Philemon Waters, dec'd was presented in court by Catherine Waters, the Executrix therein named who made oath thereto and being proved by the oaths of Sarah Tacket, John Metcalf, and William Tackett the subscribing witnesses is admitted to record and the Executrix having performed what is usual in such cases. Certificate is granted her for obtaining a Probate thereof in due form.
So Philemon Waters I died ca June 1753. By 1768 Catherine is listed as Catherine Smith and makes the following deed.
Deed Book Q, Page 617 -619 Prince William Co., Virginia 2 March 1768
Katharine Smith of Pr. William County to Thomas Homes for 5 pounds, 172 acres given to me by my loving husband Philemon Waters the elder---land bounding on the land of Philemon Waters ( II ). Witnessed by Aaron Fletcher, William Askins & George Earls. Signed: Katharine X Waters. ( Note that the first part of the deed calls her Katharine Smith, but she signs the deed as Katharine Waters.)
Deed Book R, Page 63 - 65
Prince William County, VA
29 October 1768
From Bertrand Ewell to Lewis Renoe for 12 pounds, 10 shillings, all that piece of land bought of John Waters, dec'd and purchased in 2 deeds by Ewell for 25 acres, including a water grist mill formerly built by Philemon Waters on Philemon's Branch east side. (This deed leads us to believe that John was a son of Philemon Waters I.)
Deed Book L, Page 19 - 25 Pr. William Co., Virginia 26 & 27 Feby. 1748-49
This indenture made the 26th & 27th day of June in the year of our Lord 1748 between Thomas Walters & Elizabeth his wife of the County of Frederick & Philemon Walters & Sarah his wife of the County of Prince William of the one part and Thos. Wood of the County of Stafford of the other part. Witnesseth that the said Thomas Walters & Eliz. his wife & Phill. Walters & Sarah his wife for the sum of Four Thousand pounds of good tobacco have granted unto the said Thomas Wood ( in his actual possession now by a virtue of a Bargain & Sale for one year & by force of the statute for transferring uses into possession) and to his heirs & assigns forever one hundred seventy five acres of land being in Pr. William, being part of a greater tract of land taken up by Philemon Waters Senior and by him conveyed to his son Thomas, party to these presents which patent lies in the Proprietors Office and deeds in the office of Prince William, relation being had which said 175 acres of land is bounded beginning at (A ) and two box oaks corner trees to the land granted Morrice Lynah on a ridge and extending from thence along that line that divides this from the land of Gabarcle (Gabriel) Muffit, thence along that line south west to the line of the said tract of land which this is a part.------adj. Morrice Lynah. In witness whereof Thomas Walters & Elizabeth his wife, Phill. Waters & Sarah his wife have set their hands & seals in presence of John Peyton and Charles Harding. Signed by Thomas Waters, Elizabeth X Waters, Phill. Waters, Sarah Waters. ( Note that Thomas, Philemon and Sarah Waters could all write, also that they signed Waters, not Walters as it was written in the deed.
Source - Philemon Waters I & His Children
William Waters & Sons & Wife & Lawsuit
Dorothy Marriott was listed as a head right of Col. William Waters on 12 June 1664 (Cavaliers & Pioneers, Page 517) On 17 March 1664-65 Col. William Waters sells land in Accomack County Deeds, 1664-1665. Dorothy Waters relinquishes her Right of Dower on 16 June 1665. They probably married shortly after her arrival in 1664. Their 6 sons were:
1. William Waters born ca 1665: died 1721
2. Edward Waters born ca 1667; died after 1688 and before 1717.Left no heirs.
3. Richard Waters born ca 1669: died 1721
4. John Waters born ca 1671: died 1708
5. Obedience Waters born ca 1673: died after 1788 and before 1717. Left no heirs.
6. Thomas Waters born ca 1675: died after 1688 and before 1717.Left no heirs.
Dorothy Marriott Waters had a brother William Marriott in England who made his will in 1717. In it he names his deceased sister's 3 living sons or their heirs. He leaves three-fifths of his estate to the three Waters nephews and his half brother George Marriott was to receive one-fifth and his executor one-fifth. George Marriott did not like this will so he filed suit in court in England. This lawsuit was filed in 1717 and many others revolved from this one and was still going in 1747--thirty years in the court. An artricle on this lawsuit was published in the " National Genealogical Society Quarterly " Volume 62 & 63. It was written by Peter Wilson Coldham , the noted English genealogist. The 3 living sons in 1717 were William Waters II, Richard Waters, and heirs of John Waters who had died in 1708.
A copy of this lawsuit can be obtained from the Public Record Office in London , England. It is quite costly to obtain papers from London. I did not get copies of everything, only the ones that names the heirs and it was very expensive. I also obtained the Revolutionary War Papers on Col. Thomas Waters from London through Peter Wilson Coldham. All the information amounted to several hundred dollars. Below is a letter from Peter Wilson Coldham, Professional Genealogist specializing in English emigration to America.
16 Foxly Hill Rd.
Surrey CR2, England
5 May 1988
Dear Mrs. Day,
Many thanks for your letter and check in relation to the descent of William Marriott and William Waters.
I think the best answer to your request is to send you a copy of the original Chancery Master's Report of 1722 in Marriott vs. Cooper which details EVERY beneficiary to the estate of William Marriott and formed the basis os the pedigree included in my article to which you refer. I think the writing is probably clear enough but please let me know if you have any difficulty in deciphering it.
The parties in this suit were; Jane Marriott, widow of George Marriott, deceased. Richard Marriott, son & heir of George Marriott, infant, by the said Jane Marriott, his mother. Samuel Mills and Susanna his wife, daughter of the said George Marriott, deceased: Zerubell Preeson and Margaret his wife (daughter of William Waters II), Elizabeth Waters, widow of Richard Waters, deceased. William Waters, first born son of the said Richard Waters deceased Francis Hutchins and Elizabeth his wife (daughter of Richard Waters, deceased) Richard Waters, (son of Richard Waters, Dec.), Littleton Waters, (son of Richard Waters, dec.) Hester/Esther Waters, (daughter of Richard Waters, dec.), Sarah Waters (daughter of Richard Waters, dec.) infant represented by Jonathan Scarth, the said Jonathan Scarth, Mitchell Downs and Sarah his wife (daughter of John Waters, dec.), John Waters, (son of John Waters, dec.), William Waters (son of John Waters, dc.), Edward Waters and Mary Waters, infant children of John Waters, dec.) Represented by Jonathan Scarth, Plantiffs, versus William Cooper and Elizabeth his wife, Henry Boullon, Charles Eaton, William Waters (son of William Water II), Gerard Vanderneden, Dorothy Plympton widow, Jane Rayner, widow, Nicholas Mathew and Sarah his wife, Nathaniel Payne, Senior and Benjamin Payne, infant represented by his father, the said Nathaniel Payne and Nathaniel Payne, Jr. infant represented by his guardian Richard Oulton.
I entirely endorse your intention to produce a corrected genealogy of the Waters family and wish you every success in RE-ETCHING the Waters Book of 1902.
These records are all in the public domain. Just use your own words to formulate the pedigree.
I hope you will find this response is what you wanted, but please let me know if there is any further assistance you need. I should say that there is a further and longer document in the Masters' Report series which gives a detailed breakdown of the expenses and allocations of the Marriott estate. This could be copied for you if you wish though it adds nothing to the genealogical history and would probably run into costs over and above what you have already funded.
With kind regards,
Peter Wilson Coldham
So there is no Philemon Waters anywhere in this family. If you notice Philemon Waters I is about the same age as Thomas Waters, son of William Waters I.
Source - http://members.tripod.com/jeanday1/Waters_William_Sons_Lawsuit.htm
- Mary WATERS b: ABT 1709
- Philemon II WATERS * b: 8 Oct 1711 in Staford Virginia
- Thomas WATERS b: ABT 1714 in Virginia
- Lydia WATERS b: 16 Apr 1720 in Stafford County, Virginia
- John WATERS
- Sarah WATERS