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Archiver > MDSTMARY > 2001-01 > 0978643650


From: Linda Reno <>
Subject: Re: [MDSTMARY-L] Rose (?) Tucker Gerard
Date: Thu, 04 Jan 2001 16:27:30 -0500
References: <cd.8d62b7.2785fdb8@aol.com>


The following are from my files on Ebenezer Blackistone. Most of the
information, as you will note, was provided by documentation sent to me by Bob
Moore.

Linda Reno

1/28/1672-73: Deed of gift from Thomas Gerard, Esq. of Westmoreland Co., VA to
John Tucker, Gerard Tucker, Sarah Tucker, and Rose Tucker "children of the
deceased Mr. John Tucker in the county afsd. begotten by him on my now loving
wife, Mrs. Rose Gerard" to be delivered to them at the age of 18 (Colonial
Virginians and Their Maryland Relatives, Tucker).

According to Norma Tucker, Rose Tucker married a Blackistone, probably related
to Nehemiah Blackistone who married Elizabeth Gerard.

6/8/1681: Letter to Kenelm Cheseldine, Attorney General of MD, from William
Fitzhugh. "Sir. The cruelty of Mr. Blackston towards my sister-in-law is grown
so notorious and cruel that there is no possiblity of keeping it any longer
private with the preservation of her life, his cruelty already having occasioned

her to make two or three attempts to destroy herself, which is not timely
prevented will inevitably follow, therefore Sr. in relation of my affinity to
her, as also at the instance and request of Mr. Newton, to propose some remedy.
I think there's some means to be used for a separation, because of his continued

cruelty, which in England is practical, here in Virginia it is a rare case, of
which nature I have known but one which was between Mrs. Brent and her husband,
Mr. Giles Brent; the case thus managed; she petitions the Governor and Council,
setting forth his inhumane usage, upon which Petition, the Court orders her to
live separate from him and he to allow her a maintenance, according to his
quality and estate and to make his appearance at the next General Court, before
which Court he died and so no further proceedings therein Mr. Newton can given
you a full account of his cruelty and barbarity toward her and has evidences
ready to prove, therefore I advised him to consult you for the manner of
proceeding therein, and earnestly request you will assist him in it. It cannot
properly be called a divorce, but a separation rather, for I find in Cooke on
Littleton folio 235, several sorts of Divorces a Vinvulo Matromonii, but
Divorces propter Saevitiam and cause Adulterii are more properly separations,
because no Dissolutions a Vinculo Matromonii but only a Mensa et thoro, and the
Coverture continues and consequently a maintenance allowed her and dower after
his deceased, as is plentifully set forth by those that treat thereof. You may
find one precedent in Cooke Car. fo. 461-462 between Porter and his wife,
whereupon prosecution it was decreed, Quod propter Sevitiam of her said husband
and c. I question not but you are furnished with precedents of like nature,
therefore your assistance and advice in this affair is desired by----Sir, Your
W. ff.

Footnotes:

1. Kenelm Cheseldine (d. 1708) prominent in Maryland over a long period, was
sworn in as Attorney-General of Maryland in 1676. Later, as a strong
Protestant, he was one of the committee which seized the government in 1689. In

1693 he was Commissary-General. WF was writing to Cheseldine on this divorce or

separation matter for several reasons. As Maryland Attorney-General, of course,

Cheseldine would have had a say in the matter. But also he was connected by
marriage with WF's wife and with the Rose Blackstone (probably Blakiston) in
question. For Cheseldine had married Mary, tenth child of Thomas Gerard, who in

turn had been WF's mother-in-law's second husband. Owings 'His Lordship's
Patronage', pp. 118, 123, 130, 133; H. Chandlee Forman, 'Jamestown and St.
Mary's, Buried Cities of Romance' (Baltimore, 1938), pp. 230, 329; Md. Hist.
Mag., XLVI (1951), 202.

That this part of Maryland was a part of WF's world is clearly illustrated by
Cheseldine's complaint in 1699 to the Virginia Council that Parson Waugh (q.v.),

WF's longtime enemy, had gone into Maryland and married one of Cheseldine's
daughters to a stranger without publication of banns or license as the law
required, and contrary to the inclination of her parents. He prayed that Waugh
be brought 'to condign punishment for same, in being a notorious offender in
that kind'. It was so ordered. (Exec. Journ. Council Col. Va., II, 31.

2. There are several Blackstons connected by marriage with WF's inlaws,
including Col. Nehemiah Blakiston (d. 1693) who in 1669 married Elizabeth,
another daughter of Thomas Gerard. He was therefore Cheseldine's wife's
brother-in-law and the step-son-in-law of WF's mother-in-law, Rose Tucker Gerard

Newton (q.v.). His wife Elizabeth survived him and married twice more. It is
probable that WF refers to Ebenezer Blackston or Blakiston (1650-1709) of Cecil
Co., Maryland, son of George and nephew of Col. Nehemiah. Though the printed
records indicate that Ebenezer's wife was Elizabeth, daughter of John James, she

was probably his second wife. Of the three children assigned to the Ebenezer
Blakistons in various records, Ebenezer (b. 1684/1685), William (d. 1746), and
Anna, probably only the last was the child of the second wife. That Ebenezer's
wife was Rose, younger sister of WF's wife, Sarah is indicated in WF's letter to

his mother-in-law of June 8, 1681; also by a Maryland court record in 1700,
which finds Rose, wife of Ebenezer Blakiston, guilty of having eloped with
Edward Bathurst in 1697 and of having lived with him since that time (Provincial

Court Judgements, Liber W.T., No. 3, folios 250-252, Maryland Archives). The
sons Ebenezer and William each had a daughter named Rose (Md. Hist. Mag., II,
64) or Rosamond, surely more than a coincidence. And then there is a record of
Ebenezer Blakiston's visiting WF's plantation in Stafford on July 19, 1697,
probably in regard to this very elopement (Archives of Md., Proceedings of the
Court 1696/1697, 1698, XXIII, 177). Apparently Rose endured her marital
situation for sixteen years after WF's letter to Cheseldine.

3. John Newton (1639-1697), third husband of WF's mother-in-law, Rose Tucker
Gerard Newton, was a native of Yorkshire who had first settled in Maryland. He
is earlier styled "Master Mariner". He came to Westmoreland Co., VA and married

Rose some time before 1677 when his fourth son Gerard was born. His will (dated

8/19/1695-7/28/1697) requests that his 'loving friend', Col. William Fitzhugh'
advise and assist his executors and in case of differences settle matters
between them. His eldest son by a former marriage, John Jr. married a daughter
of Isaac Allerton (q.v.) whose son Willoughby was to marry WF's only daughter
Rose. 33 V 297-302; 36 V 293-297; 37 V 87, 183, 283; Journals H.B.
1659/1660-1693, p. 69; Eubank, 'Touring Historyland', p. 111.

4. Giles Brent, Jr. (1652-1679), half Indian m. a Mary Brent, sister of WF's
law partner, George Brent. She was allowed by the Council and General Court
separate maintenance 5/8/1679. 9 V 187; Md. Hist. Mag., XXIX (1934) 212-223.

5. Institutes, I, fol. 235, section 380, Lib. 3.

6. WF may given the year after 'Car.' in the original."

From: "William Fitzhugh and His Chesapeake World". (Copy of pg. 97-100 provided
to me by Bob Moore). Typed verbatim.



wrote:

> A couple of corrections needed, CC. It was daughter Rose Tucker who married
> Ebenezer Blackistone and later, after all the abuse from Ebenezer, eloped
> with Bathurst. It was Sarah who married William Fitzhugh. The mother Rose
> ____ married three times, not four.
> Bob Moore


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