Herbert Ancestry

(includes Ballentine, Bennett, Burras?, Dale/Deale/Deall, Horne, Layton/Laydon?, Middleton?, Willoughby, Yates)

Sources:

"The Herberts settled in Lower Norfolk about 1650, and were generally men of affairs and extensive landowners" (Stewart, p. 523).

All references are to Lower Norfolk or Norfolk County, Virginia, unless otherwise noted.

 

           

There's some debate on which John Yate(s) he was:
John Yate b. ca. 1580-1600 (son of Richard Yate, the merchant who was in Barbados 13 Aug 1656) possibly same person as the John Yates b. 1587 "transported to Bormoodes or Somers Islands in True Love de London , Robert Dennis Master." Or maybe he was John Yates, Shipwright, b. ca. 1595-1599, who was a ship carpenter on Foxe in 1646 who d. before 15 August 1648 (Walter: Yates chart 1/2).

John Yates
b. ca. 1580-1600		 m. Joanne
b. ca. 1612-1617		 Her maiden surname is disputed. It could've been Jobe, Gater, but unlikely Wilkinson. "In her will 1664:-- 'to daughter FRANCES son GEORGE VALLENTINE land adjoining my grand-father's land in the MERKE called BAY TREE HOLE.' wd [will dated] 22 Oct 1664 wp 15 [will probated] 8ber(Nov) 1666 Exors: 'sonne RICHARD YATES and daughter FRANCES BALLENTINE.'" (Walter: Yates chart 1/2).                                                                
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Thomas Willoughby
d. 1648/1649 in Parish of St. Michael's, Barbados
m. Elizabeth (Middleton?)

Source: Walter, p. 29


uncertain?
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Capt. Thomas Willoughby
(Willoby, Willoughbie)
(one of my Jamestowne Society Seventeenth Century Qualifying Ancestors whom Jester, pp. 386-387, lists among the Adventurers, i.e., stockholders of the Virginia Company)

1600/1 (Historic Jamestowne says 1602): Thomas Willoughby is born in England. Whichard, p. 225, gives a detailed account of Thomas Willoughby, indicating he was a nephew of Sir Percival Willoughby of Wollaton (Nottingham), a shareholder in the Virginia Company, a detailed account of Thomas Willoughby:
1610: Thomas Willoughby came to Virginia from England. While both Walter and Historic Jamestowne indicate he arrived on the ship Prosperous, Whichard, p. 107, says he was among the Ancient Planters of the Lower Tidewater (VA), only age 9, arriving on the ship Mary and James.
1622: He survived the 1622 Powhatan attack (Historic Jamestowne).
1623/4: He was listed in the census as living in Elizabeth City, Virginia (Historic Jamestowne). See Jamestowne: List of the Livinge and Dead.
1624: He is listed as a Grantee in a land grant record for 200 acres possibly in Elizabeth City, VA, as well as having 100 acres on the "south side of the river (opposite) Kecoughtan ... on the Norfolk side. ... The sequence here starts at Willoughby's Point (now called 'Spit'), thence west to Seawell's Point, thence south to Tanner's Creek (now Lafayette River).]" (Whichard, p. 105; also see Willoughby | City of Norfolk).
1624/5: He was recorded in the Elizabeth City, Virginia, muster: "Ensign Thomas Willoby his Muster, Thomas Willoby aged 23 in the Prosperous 1610" (Historic Jamestowne).
1626: Ensign of Elizabeth City Co., Virginia. 200 acres in the mouth of the Pumunky (York) River, plus another 150 and 50 acres in 1628, called Willoughby Point. Living at Basse's Choice on the south side of the James River.
1627: On his return trip to Virginia from England, he is said to be age 27 of Rochester, England. Historic Jamestowne indicates upon return from one of his numerous trips to England, was appointed commander for an attack against the Chesapeake Indians, Commander of "Marie's Mount."
1628: He was appointed Commander of Elizabeth City, Virginia, and was elected a burgess of that city (Historic Jamestowne).
1629 (ca.): m. to Alice? She may have been Alice Layton, daughter of John Layton/Laydon (a caprenter who arrived at Jamestown with the first settlers in May 1607) and Ann Burras (daughter of John Burras, a tradesman). John and Anne (Burras) Layton/Laydon were the first English couple married in 1608 in Virginia, making their marriage "the first Anglican marriage in America" (additional details including use of Laydon added from Whichard, p. 108).
1629/30: 24 March Assembly meets where he is listed as a member for the Upper Part of Elizabeth City, Virginia (Whichard, p. 98).
1630: He was elected burgess for the Upper Part of Elizabeth City (Historic Jamestowne).
1631/32: When the Assembly convened on 21 February, he was listed among the Justices appointed to the Elizabeth City, Virginia (Whichard, p. 88).
1632: 4 September Assembly meeting lists him as a member for the Upper Parish of Elizabeth City, Virgina (absent) (Whichard, p. 99). Historic Jamestowne indicates him being a burgess of that area that year.
1635: 19 November land grant records show he had some of the earliest land grants in what was to become Lower Norfolk County, Virginia (Whichard, p. 224), and by a colonial land grant of 13 February 1636, his private property established what would eventually become Norfolk, Virginia (Whichard, p. 325).
1640-1643: He returned to Virginia after a trip "out of the Colony" for nearly 3 years.
1642-1652: He was appointed to and served the Council (Historic Jamestowne).
1643: He qualified as Captain in His Majesty's Colonial Militia for Virginia (Whichard, p. 239).
1644-1645: Away on a trip a year or more.
1644-1647: His son, Thomas (below), attended Merchant Taylor's School in London, England, and his father is called "Merchant of Red Lyon Alley, St. Botolph, London, Eng." (Also mentioned Historic Jamestowne.)
1649-1650: His son, Thomas Willoughby, Jr., (below) acting as attorney for his father in Lower Norfolk County, Virginia, at the age of 17. 1649-1653: Away on a 4-year trip.
1650: On November 26, he "called his home 'Willoughby's Hope' in a deposition ... as Captain Thomas1 Willoughby, Gent., aged 52" (Historic Jamestowne).
1654: "Upon his return to Virginia, he relocated to Lower Norfolk County where he patented 2,900 acres in Lynnhaven Parish on October 7, 1654, which included 1,500 acres he had patented in 1643. Named among the headrights were Alice Willoughby, Thomas Willoughby, and Elizabeth Willoughby" (Historic Jamestowne).
1657: Died before April (Historic Jamestowne says before April 15).in Alhalowes, Barking, London, England, leaving an estate in Barbados. In April, administration of the estate of the late Capt. Thomas Willoughby, late of Virginia, to his nephew Thomas Middleton, Esq., of Barbados, for the use of the children, Thomas & Elizabeth, now beyond the sea. Historic Jamestowne mentions his Thomas and Elizabeth being children of he and his wife Ann (née unknown).
1657: Adm. unto Thomas Willoughby, Jr., (below) on his father's estate.
1658: August 16: His death was noted in Lower Norfolk records: "Att a Court houlden the l6th Day of August 1658, upon peticion of Mr. Tho. Willoughby a Commission of Admcon [administration] is granted him upon his father's estate, Capt. Tho. Willoughby who deceased in England . . ." (Whichard, p. 267, also mentioned in Historic Jamestowne).
(Sources: Walter: Capt. Thomas Willoughby chart and Walter, p. 29, as well as Whichard and Historic Jamestowne where mentioned)

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Ancestry through parents Colonel Richard Herbert, 2nd Lord Herbert of Cherbury and Lady Mary Egerton
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|		 *John Herbert I's alias: "[B]y 1650, many well-to-do Englishmen, loyal to the Crown, fled to Virginia to escape the wrath of Cromwell's men [such as my ancestor William Hearne]. Some were so deeply involved politically that they assumed aliases. ... JOHN HERBERT alias WILKINSON was in Lower Norfolk County, Virginia in 1649 when he signed a deed ... JOHN WILKINSON. After the restoration, in 1664 JOHN HERBERT alias WILKINSON resumes his proper name of HERBERT. ... pattent made in WILKENSONS name now made in HERBERTS being his true name he having assumed the name of WILKENSON falsly" (Walter: Edward Lord Herbert chart and p. 24). |
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John Herbert alias Wilkinson*
b. before 1628, Chirbury, Shropshire, England (FamilySearch)
"He signed a deed in Lower Norfolk Co., Virginia, in 1649. - signed the name WILKINSON ... After the restoration. in 1664 JOHN HERBERT alias WILKINSON resumes his proper name of HERBERT. "
(Walter: Chart #1).
d. ca. 1675, Norfolk, Virginia
Will excerpt in regards to stepson Thomas Willoughby (to the right in the gray box) (Source:
Walter: Capt. Thomas Willoughby chart)
Full will (Walter, p. 23) 		m. btwn. 10 January 1655/6 and 15 November 1656
(Walter: Chart #1 and p. 27) in Lower Norfolk Co., Virginia (WikiTree) 		Mary Bennett
(maidservant of Capt. Thos. Willoughby, above right)
b. ca. 1631 (by 1640)
d. btwn. 1672-1682
She is also the mother of Thomas Willoughby (below right) via an encounter she had with Thomas Willoughby, Jr., (to the right) son of Capt. Thomas Willoughby to whom she was employed. She took action against Thomas Willoughby, Jr., in court. Refer to the gray box to the right
(Walter: Capt. Thomas Willoughby chart, Walter: Chart #1 and p. 27). 		  Thomas Horne

He was a cooper (Walter: Chart #1).
b. before 1628 (of age when he bought land from Richard Yates in 1649)
d. ca. 1658		 m. by 1644-1646 to have 4 children in 1652/3 Joanna Yates

b. ca. 1628-1640 (if 16 when married)
d. 1652/3		   (Lt. Col.) Thomas Willoughby, Jr.
b. 25 December 1632, Virginia
d. by 15 April 1672
(dates per Historic Jamestown)
Appraisal of his estate dated 15 May 1672, in which he was called "Lieut. Col. Thomas Willoughby deceased" (Whichard, p. 268).

Educated at the Merchant Tailors School in London, England (The Guild or Company of Merchant Tailors was one of the subscribers to shares in the Virginia Company, seen as Merchant Taylors' School per Historic Jamestowne). Via a relationship with his father's maidservant Mary Bennett (further to the left) -- parents of Thomas Willoughby below (Walter: Capt. Thomas Willoughby chart, Chart #1 and Whichard, p. 268).

print

Mary Bennett and Thomas Willoughby, Jr. - timeline and legal proceedings - and proof of relation to Herberts

Source:
Walter: Capt. Thomas Willoughby chart

  • 15 April 16S3 - Mary Bennett transported to Lower Norfolk County by Thomas Willoughby, Jr. (Capt. Willoughby has been out of the Colony almost 4 years).
  • Sep 1654 - Mary Bennett to dispose of herself within the Colony untill she is brought to bed and for one month after, and then to return to Capt. Willoughby's service.
  • 15 Nov 1654 - Mary Bennett's action against Thomas Willoughby, Jr., referred to the next Court.
  • 15 Dec 1654 - Capt. Thomas Willoughby gives Mary Bennett one heiffer of two years old for the use of the child she now hath.
  • 15 Doc 1654 - Thomas Willoughby, Jr., is presented for comlttlng fornication with Mary Bennett, singlewoman, his fathar's servant.
  • 15 Dec 1654 - by joynt consent between Capt. Thomas Willoughby and Mary Bennett, she is to have her freedom upon paying 300 lb tob & caske in Mar 1654/5 and another 300 lb tob & csske 10 Jan 1655/6
  • 17 Dec 1655 - Thomas willoughby, Jr., is fined 300 lb tob for fornication
  • Will of John Herbert I
    [will dated] 15 Jan 1669 [will probated] 16 Apr 1675 - "my sonne Jno: Herbert "my clear ground and housing, as much as will be his equall proportion amongst ye rest of my wife's sonnes"
    "to ye rest of my wife's sonnes all the remayning part of my land equally to be divided amongst them and to ba delivered at the age of 21 years"
    "if that child my wife now goes with bee a boy then his share to equall all the rest"
    "if any of the aforesaid children shall dye before they attayn to the age aforesaid or without heirs, his or their part to returns to those that shall survive"
    1/3 of personal & real estate to well beloved wife, Mary Herbert during her natural life or marriage.
    the other 2/3s to be divided betwean "all of ay wifes children that is now living, and in caas any of them die in their minority then his or theire part to return to the rest of the said chlldren."
  • will of John Herbert II
    1679 [will probated] May 1679 - leaves his land to "sonne John and If the child in esse be a boy then he is to have the other half" (the child in esse was Thomas) He empowers his brother (1/2 bro.) Thomas Willoughby to see that his children are not wronged. (There can be little doubt that Thomos Herbert was named for Thomas Willoughby)
  • 20 Jun 1682 recorded 15 Aug 1691 - Division of the Land of John Herbert I, John Herbert II is dec'd and his children are living with Henry Dale. The Division of the Land ia made according to the will of John I.

    1/3 to the orphans of John Herbert, son & heirs of John Herbert, Sr., both deceased, now living with Henry Dale.

    1/3 to Richard Herbert (the child in eaaa in 1669)

    1/3 to Thomas Willoughby
    (The above prove that John Herbert II, Richard Herbert and Thome Willoughby are the sons of Mary Herbert, relict of John Herbert.
  • Mar 1691/2 [will probated] 15 Jen 1693/4 Nun. will of Richard Herbert who "did give all of his estate to hia brother (1/2 bro.) Thomas Willoughby"
  • 14 Nov 1696 - John Herbert's (III) (heir of his grandfather & father John Herberts decd) deed to Thorns Willoughby, Sr., according to the will of his grandfather dated 15 Jan (Mutilated). John is selllng land according to the true intent and meaning" (of the grandfather's will no doubt)
  • 19 Nov 1698 - Thomas Willoughby'a deed to Cozen (1/2 nephew) John Herbert Selling land that was supposed to be given (mutilated) dated 15 Jan 1669 (this date is date of John Herbert I's will)
(The above two deeds, although badly mutilated, show that there are some default in the division of the land and John and Thonas are re-establishing their property lines. The deeds are also further proof that Thomas Willoughby is the son of Mary Herbert, relict of John Herbert I.)

Source:
Walter: Capt. Thomas Willoughby chart and pp. 23, 27 and 28

Lt. Col. Thomas Willoughby later married Sarah Thompson by 1660 with whom he had 2 children: Thomas Willoughby III (half-brother of Thomas Willoughby, below, not the same person) and Elizabeth Willoughby (half-sister of Thomas below) (Walter: Capt. Thomas Willoughby chart). Historic Jamestown indcates he was Lt. Col. of the of the militia of Lower Norfolk County, VA.		       "4 Feb 1652/3 -GEORGE VALLENTINE, Servant of CHRISTOPHER BURROWS, deed., having 3 more years to serve" (Walter: Yates chart 2/2). George Ballentine alias Valentine
b. ca. or before 1635
d. ca. 1700/1702
His will mentions "my wife Frances', gr-dau Margaret Markham" (Walter: Chart #1).		 m. ca. 1660 or thereafter (i.e., after death of Frances' first husband Richard Markham in 1660) Frances Yates
b. before 1641 if 16 when first married (she was a widow of Richard Markham per Walter: Yates chart 2/2.
d. ca. August 1657		                                                                
John Herbert (above) is mentioned in the will of his grandfather Edward Lord Herbert.

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↓		   Lt. Col. Thomas Willoughby's (above) sister Elizabeth (b. ca. 1635) was married 3 times: 1) Simon Overzee; 2) Maj. George Coleclough; 3) "Isaac Allerton, a son of Isaac Allerton, a passenger on the Mayflower in 1620 and his wife Fear Brewster, daughter of William Brewster, also a Mayflower passenger. ... Elizabeth had three children, all from her marriage to Isaac Allerton: Willoughby, Frances, and Sarah." (Historic Jamestowne). So, I would be a distant cousin to some Mayflower descendants through this Willoughby connection.               |
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John Herbert II is a half-brother of Thomas Willoughby further to the right.

John Herbert II
b. btwn. 1656-1658
d. 1679
Will probated 21 May 1679.
Will excerpt (above to the right in the gray box) in regards to half-brother Thomas Willoughby (to the right) (Source:
Walter: Capt. Thomas Willoughby chart and pp. 28, 31, 32) 		m. before 1661 Hannah (Johanna) Horne
b. before 1645
d. by 1682 as she is not named in John Herbert's land in 1682

"widow of Llewellyn & Herbert [...] Orphan of Thomas Horne in 1662" (Walter: Chart #1 and p. 31).

He is a half-brother to John Herbert II further to the left.

 Thomas Willoughby
illegitimate son of (Lt. Col.) Thomas Willoughby, Jr., (above) and maidservant Mary Bennett (above left)
b. btwn. 15 Nov.-15 Dec. 1654
d. 1710/1711
(Walter: Capt. Thomas Willoughby chart, Chart #1).

Records in Walter, p. 28, confirm he is Thomas Willoughby of the Southern Branch.

 m. ca. 1674 or after unknown
b.
d. 		      Henry Dale/Deall/Deale
b. ca. 1661-1664
d. 1716/7		 m. before 1687
Frances was his second wife (Walter: Chart #1).		 Frances Ballentine
b. btwn. 1664-1677
d. 1733/4		                                                  
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  John Herbert III
of Princess Anne Co., VA
b. ca. 1677/1678
d. 1728
Will (Walter, pp. 36-37) dated 24 April 1728 and probated 7 August 1728.

Source: Walter, pp. 31, 33-37

 m. ca. 1702, before March 1705/6

They were half first cousins.

Source for this couple: Walter: charts #1 and #2a

Elizabeth Willoughby
b. ca. 1693
Served as executrix of her husband's will.
d. 		          John Willoughby (Willobe)
b.
d. 		m. btwn. 1716-1720 Elizabeth Deall
b.
d. 		                                   
   

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    John Herbert IV qualified as a Lieutenant in His Majesty's Colonial Militia in Norfolk County, Virginia, on March 20, 1760 (Whichard, pp. 299-300).


French and Indian War Veteran

John Herbert IV, Shipwright
b. btwn. 1708 and 1727
"a Master Shipbuilder ... employed to engage Ships Carpenters & to examine places on James River he thought proper for erecting Shipyards. (Some Notes on Shipbuilding -- by Cereda Evans. A Jamestown 350th Anniversary Historical Booklet #22.)

Oct 1776 - The "Mosquito" (a Brig) was dispatched from Warwick County via Jamestown to Portsmouth, Va. , to be refitted by JOHN HERBERT.

1761 - He was a Vestryman of Portsmouth Parish"

Source: Walter: Chart #2a. 		m. before 1739 Elizabeth Willoughby
b.
d. 		                         
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      John Herbert V
of Portsmouth Parish of Norfolk Co., VA
b. before 1744?
d. 1803-1808
Will dated 10 November 1803 and probated 18 January 1808, which mentions daughter "Abigale" and her husband "William Nash."

Source: Walter, pp. 39-40

 m. before 1762?

Source for couple:
Walter: Chart #2a and pp. 39-40

 Elizabeth
(maiden name unknown)
b.
d. 		       
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descendants through daughter
Abigail Herbert
via her marriage to
William Nash		           
Developed in April 2025.