See SQ 2567 for brief comments regarding this marriage.

.
!NOTES:
We learn of "Almy" from the Vital Records of Rhode Island, Births,
Records of Kent County, Book 2, pg. 80 from the entry recording the
birth of one of their children: "Jerauld, Niles, of Dutee, Jr. and
Almy, June 22, 1774."

(continuation of notes of her husband William from THE SPARKSQUARTERLY, June 1991, Whole No. 154, middle p. 3779:)

"This doubtless means that a cabin had already been built there byDarnel into which Solomon could move his family. We shall return tothis matter later in this article.

"We cannot be certain of the exact date when William Sparks moved toSurry County. We know that he was still in Rowan County on January27, 1773, for he signed a deed there on that date transferring hisland in the Forks of the Yadkin to William Frohock, as has beenmentioned. The earliest tax list for Surry County which survives isdated 1771, and on this we find the name of Solomon Sparks with threepolls (probably himself and his two oldest sons, John and Joseph).Also appearing on this list is a William Sparks with one poll(himself). There can be little doubt that this was the oldest son ofthe William of this article, i.e. William Sparks , Jr. (192). He hadbeen born about 1750 and seems to have accompanied Solomon Sparks toSurry County.

"There are documents which suggest that William Sparks was living inSurry County as early as the spring of 1772, but we believe that theyare in error. These are found in the pension application file at theNational Archives of William's daughter, Rachel, who applied for apension in 1843 based on the Revolutionary War service of her deceasedhusband, John Rose. Rachel had no document proving that she and JohnRose had been married, but she though the ceremony had taken place in1772. There is good reason to believe, however, that she wasmistaken, and that it had actually been in 1773. Nevertheless, shewas able to find two people who remembered the occasion and werewilling to sign affidavits under oath to this effect. One of thosewas Charles Johnson who had lived near Rachel's parents both in RowanCounty and then in Surry County and who later marrried into the Sparksfamily . In 1784, Susannah Sparks, daughter of Solomon Sparks (shewas born about 1763) became the wife of Charles Johnson. (WilliamPerry Johnson, one of the founders of the Sparks Family Associationand until his death our historian- genealogist, was a4th-great-grandson of this couple.) While there can be no doubt thatCharles Johnson did, indeed, remember the occasion when Rachel andJohn Rose had been married in Surry County, we suspect that hisrecalling the date as "June 1772" was simply that this was the dateRachel claimed. (There continues on pg. 3781 an account concerningRachel and John Rose.)

"A poll tax list for Surry County for the year 1774 has beenpreserved. Those subject to the tax were white males over 16 and under60, plus slaves aged between 12 and 50. If there were more than onewhite poll in a household, those other than the head might or mightnot be named, depending on the whim of the tax collector. In all,Surry County polls totalled 1,528 in 1774, but it must be kept in mindthat Surry then included the present day counties of Ashe, Alleghany,Wilkes, Surry, Yadkin, Stokes and Forsyth. For taxing and militiaorganizational purposes, North Carolina counties in those days weredivided into districts, of which there were seven in Surry County.The part of the county in which William (199) and Solomon Sparks (356)were living in 1774 was called Benjamin Cleveland's District.(Cleveland's name figures prominently in the area's history,particularly in military affairs during the Revolution.) WilliamSparks (199) was named (he was called "Will Sparks") with his secondson, Matthew (334), who was now of age but still living at home.William's oldest son William, Jr . (521), was shown as heading his ownhousehold, as was James Sparks (189), the younger brother of William.Solomon Sparks was listed with two of his sons, John (359) and Joseph(365).

"None of the Sparkses were shown as slave owners on the 1774 tax list.In fact, of the 310 heads of households appearing on Cleveland's list,only 22 were credited with owning slaves in the age category to betaxed, and of these, only two owned as many as five, they being RalphHudspeth and Hugh Montgomery.

"Judging from the sequence of names of taxables recorded by Cleveland,it appears that William Sparks's closest neighbors in 1774 were JohnRose, who had been married to Rachel Sparks the year before, andBenjamin Johnson, believed to have been the father of Charles Johnsonwhose affidavit was reproduced on page 3780. Besides Solomon Sparks,William's othe near neighbors were William Riseden, John Greer,Bartley Williams, and Boaman Cass.

"An interesting description of life in Surry County at this point intime appears in a letter written by one of the county's wealthiestcitizens, General William Lenoir, in 1824. He wrote in response to aquery from a man named Ramsey who was writing a history of Tennessee.Lenoir had settled in March 1775 near the site that would become thetown of Wilksboro. General Lenoir wrote:

"Surry was frontier country in 1775, including Wilkes, Ashe, and Burkeand extending to the Mississippi River. It was thinly inhabited ,being an entire wilderness. Then the Mulburry Fields Meeting Housewas the only place of worship in said county. It was built by theBaptists and very large congregations of different persuasions ofpeople attended the meetings.

"The gentlemen generally dressed in hunting shirts, short breeches,leggins and Moccasins; the ladies in linsy petticoats and bed gownsand often without shoes in summer. Some had bonnets and bed gownsmade of calico, but generally of linsy, and some of them had on men's hats.

"Their hair was commonly clubbed [sic]. Men generally had long hairand wore it either in a cue or clubbed. Once at a large meetingI noticed there were but two ladies that had on long gowns. One ofthem was laced genteely and the body of the other was open and thetail thereof drawn up and tucked in her apron or coatstring.

"They appeared very orderly and devout at meetings, and going to theirhomes you would find them living well and they w ould treat youwith great hospitality, giving you plenty of pork, beef, bearmeat and venison also milk, butter, cheese and honey. The buffaloesand elk were then chiefly destroyed . When you left them, as therewere no public roads and fe w paths, the men would go with youto show you the way until you could thus be accomodated by someother person. You might travel hundreds of miles and not meet withany person who would receive pay.

[Copied from the Bulletin of the Wilkes County Genealogical Society,Vol. 10, No. 2, 1976.]

"The Mulberry Fields Meeting House mentioned by Lenoir had beenorganized by a group of Baptists and was located in what became thetown of Wilkesboro, the county seat of Wilkes County. Little is knownof this meeting house, but historians of the area are convinced thatit had been built before the Revolution. It seems highly probablethat William Sparks and his family attended this church, at least onoccasion. Unfortunately, none of its records seem to have beenpreserved.

"As was noted earlier, while there was an abundance of vacant land inSurry County when William Sparks moved there in, we believe, 1773,there was no way that any settler could obtain a legal title to any ofthis unclaimed land. Granville's heirs had not been able to reopenthe land office, and it was not until November 15, 1777, that theNorth Carolina General Assembly, meeting at New Bern passed theConfiscation Act giving the state authority to sell Granville's land,along with land formerly owned by Loyalist s which had beenconfiscated. Land offices were to be opened for this purpose, andeach county's justices of the peace (who comprised the County Court)were to meet to choose an official to serve as "Entry Taker." Thisindividual was to record applications or claims for tracts of land inan "Entry Book." The justices were also directed to chose surveyorswho would then measure each
claim. Joseph Winston became the Entry Taker for Surry County andcontinued in that post until 1781. The first land entry for thecounty under this new system was dated April 29, 1778. (Winston'sentry book has been preserved and was published in printed form in1987 by Agnes Wells, and others.)

"During the fifteen years that no one could purchase vacant land ,settlers like William Sparks had simply "squatted" on tracts whichthey liked and which appeared not to have been claimed by any othersettler. In some instances, one would be able to purchase improvementsthat someone else had made on the land in question, as Solomon Sparkshad done, but such arrangement carried with it no title to the landitself. The squatter cleared and cultivated "his" land, and built"improvements" with the home that at some future time he could obtaina legal title. So it was that William Sparks had chosen his tract onNorth Hunting Creek. His tract was located less than a mile south ofwhat later became the site of the tiny village called Cycle . As hadbeen noted previously, William's tract was included in Yadkin Countywhen it was cut off from Surry in 1850. Highway 421 passes today verynear the spot where William, with the help of his son Matthew, madehis improvements. There is the possibility that, like Solomon,William may have been able to buy the improvements, including a house,that someone else had built on the land. William's oldest son,William Sparks, Jr., had chosen l and for himself about three milesnortheast of his father.

"With the capital that William sparks had in hand following the saleof his land in the Forks of the Yadkin, he was able to do more thanjust build (or improve) a cabin for his family on North Hunting Creek;he also constructed a grist mill for the benefit not only of himselfbut for his neighbors as well. A grist mill was essential to everycommunity in those days, providing a service for which others wereglad to pay, although usually in kind . For many years, deeds of land(after 1778) near William's mill contained references to "Sparks MillTract."

"In 1777, North Carolina's General Assembly passed legislationcreating the county of Wilkes to become effective in the followingFebruary . Most of the new county had been formerly part of SurryCounty. When the dividing line was drawn between Wilkes and Surry,all of the land occupied by William Sparks remained in Surry County,adjoining the new line on the east . Solomon Sparks's land just aboveWilliam's, however, was divided, with 340 acres remaining in Surry and150 acres now in Wilkes. A description survives of the running ofthis dividing line in the report of the commissioners who had beenassigned the task. Because it contains specific mention of SolomonSparks, we copy it here:

"...Beginning on Rowan County line about half a mile below Daniel
Rashes at White Oak Standing in the head of a Branch of Hunting
Creek thence nort Crossing the mulbery Field Road abot haft a
mile below Hamlins Old Store House thence through Solomon Sparks 's
Plantation leaveing the sd Sparks's House in Surry County thence
Crossing the Brushey mountain at the head of the nort fork of Swan
Creek thence crossing the Yadkin River a little below Capt Park's
& through the Lower end of Carrols Plantation on the north side of
sd River thence Crossing the Big Elkin at the long Sholes thence
Crossing the couth fork of Mitchels River abot half a mile above
Rigs's Road, thence crossing Mitchels River a little below John
Scott's Crossing the Top of the Poiney nobb to the main Ridge
of mountains abt Two miles west of Fishes Peak, thence to the
Virginia Line. The above line being Run Exactly Twenty six
miles west of Surry Courthouse agreeable to act of Assembly By
Robt Lanier
Commissioners Henry Spier
Joseph Herndon
[Copied from pp. 276-77 of David Leroy Corbitt's THE FORMATION OF
THE NORTH CAROLINA COUNTIES, 1663-1943, Raleigh, 1950.]

"There was a rush by settlers throughout the old Granville District in1778 to make claims for the vacant land now made available by theConfiscation Act of the General Assembly. In making a claim, one'sfirst step was to prepare, or have prepared, a written description ofthe tract one wished to acquire, including the name of the nearestwate rcourse. With this document, one then went to the Entry Takerwho, for a fee 16 shillings, would enroll one's name in his EntryBook, with an estimate of the number of acres claimed along with thewritten description. The Entry Taker assigned a successive number toeach entry. There followed a three month waiting period to giveinterested parties the opportunity to file an objection. Where therewere confli cting claims, the matter was brought before the CountyCourt for a jury trial. If and when a claim was determined to beclear, a warrant was issued followed by a survey of the tract by theCounty Surveyor or one of his deputies. For this there was a fee of30 shillings for every 300 acres, plus 2 shillings for each 100additional acres . The surveyor was assisted by two chain carriers,usually relatives or neighbors of the person making the claim. Thelaw required that they be at least 12 years of age. The resultingsurvey frequently revealed a different number of acres than had beenestimated by the claimant.

"After the survey was completed, a copy of the surveyor's plat wassent to the Secretary of State who was supposed to issue grants,endorsed by the governor, twice each year, on April 1st and October1st. The Secretary of State charged a fee of 5 shillings for makingout and rec ording the grand and the Governor's secretary charged 3more shillings for attaching the "great seal." When he finallyreceived the grant (deed, actually), the claimant was to have itrecorded in the court house.

"Whenever and wherever government land had been offered for sale ,there have been land speculators--men with money to invest with thehope that the price would increase. Even though the fees mentionedabove were a burden for many, the danger was that another person ableto pay them would "steal" the tract on which one had squatted. Inrecognition of this, the North Carolina legislators had provided so meprotection for the squatters. In judging a claim, the Entry Taker andthe County Court were to give preference to a person who had settledon and improved the land for at least seven years prior to 1777 . In1778, the word "improvement" was defined by the State Assembly as"erected a House there on, or cleared, enclosed and cultivated a partthereof." This "prior claim" provision, however, extended only toJanuary 1, 1779. After that date, the squatter of seven or more yearshad no advantage over a newcomer.

"There was another important provision in the Confiscation Act. AsRichard A. Enochs explained in 1988 in his foreward to his ROWANCOUNTY, NC, VACANT LAND ENTRIES, 1778-1789, p. ii: "Enterers, exceptguardians claiming in the right of an orphan or those in militaryservice, WERE TO TAKE AN OATH OF ALLEGIANCE TO THE STATE." (Capitalletters were added by [Paul Sparks]).

"On July 24, 1778, when a man named George Philips made a claim for atract of land located on "the North Fork of Hunting Creek," hedescribed it as adjoining "the claim of William Sparks, Senr." thePhi lips claim was assigned #310 in the Surry County Entry Book.Claim # 311, recorded on the same day for Thomas Yates, was also forland described as lying on the North Fork of Hunting Creek "joiningWilliam S parks and William Willcocks."

"No claim, however, was registered by William Sparks for the tract onwhich he had settled and build his grist mill, it being the landreferred to by Philips and Yates in their adjoining claims.

"While no records have been found to explain why William Sparks failedto enter a claim, his reason for not doing so was probably because ofthe requirement mentioned earlier--that all claimants must take theoath of allegiance to the state as the legal government of NorthCarolina. As we have noted earlier, Solomon Sparks was certainly aLoyalist . We also know that he and William lived on nearly adjoiningland an d that they were close friends as well as being cousins. Westrongly suspect that William, also, held Loyalist convictions.

"The Revolution was far from over in 1778 and 1779, and many of theinhabitants of western North Carolina remained convinced that thePatriots would lose. If one remained loyal to the King in his heart ,he could not, in good conscience, take an oath renouncing him. Following is the text of the oath of allegiance which we believe WilliamSparks could not bring himself to sign, even though this meant that hecould not register a claim for "his" land.

"I will bear Faithful and true Allegiance to the State of NorthCarolina
and will to the utmost of my Power, Support, Maintain and defend , the
Independent Government thereof, against George the 3rd, King of Great
Britain and his successors and the attempts of any other Person ,Prince,
Power, State or Potentate, who by secret Arts, treason andConspiracies
or by open Force shall attempt to Subject the same, and will in every
respect conduct myself as a peacefull orderly subject and that I will
disclose and make known to the Governor, some member of the Council of
State or some Justice of the Peace all treasons, Conspiracies and at-
tempts committed or intended against the State that shall come to my
knowledge, So help me God.

"A study of the entry books of both Surry and Wilkes Counties revealsthat a man named William Terrell Lewis entered a large number ofclaims in both counties for tracts of land containing "improvements"that had been made by others. He was a man of some means. He wascredited with owning 58 slaves when the 1790 census was taken, forexample; he was also a high ranking officer in the Surry CountyMilitia as well as a "bounty hunter" as shown by the fact that hereceived monetary rewards from the state on a number of occasions foridentifying and locating army deserters and draft-dodgers. Because ofthese activities, Lewis was probably quite aware of which settlersmight be reluctant or unwilling to take the required oath and thus bein no position to protest when he laid claim for land they had spentyears improving. His actions were legal but his ethics might bequestioned. Other members of the Lewis family (Joel and MicajahLewis) appear to have pursued the same tactics.

"So it was that on September 7, 1778 (a Monday), William T. Lewisentered a Surry County claim (#680) for 200 acres "on the waters ofHunting Creek including William Sparks' mill and plantation." On thesame day, Lewis entered two other claims for land already settled inSurry County, one being a 250-acre tract on the north side of theYadkin River on which William Riggs had built his home (#679). Theother was for 200 acres on Deep Creek, "including George Robard'splantation." (#681)
.
"From the surviving records, it seems apparent that, upon learning ofLewis' action, William Sparks attempted to save his home andinvestments by selling his mill and improvements to his son, MatthewSparks. As a member of the next generation, we can speculate thatMatthew had no objections to taking the oath of allegiance-- perhapshe had already done so.

"Because he had no legal title to the land, William could not give adeed to his son, so he made the transfer in the form of a "Bill ofSale. " He did this on September 12, 1778, just six days after Lewishad registered his claim. The recorded copy of this document reads asfollows:
"BILL OF SALE
Know all men by these presents that I William Sparks of the County of
Surry and State of North Carolina for and in Consideration of the Sum
of one Hundred Pounds to me in hand paid by Matthew Sparks of theCounty
and State aforesaid have Bargained and sold unto the Said MatthewSparks
One Grist Mill and Improvement of Land lying and being in Surry County
on the North fork of Hunting Creek Which Mill and Improvement I dowar-
rant unto the Said Matthew Sparks from any person or persons Layingany
Just Claim thereunto Except the Lord of the Soil.
Given under my hand thisd 12th day of September 1778
his
William O Sparks
mark
Test
William Davis
William Roysdon
North Carolina Surry County November Court 1778
The Execution of the within Bill of sale was aknowledged in open
Court by the sd Wm Sparks and ordered to be Recorded
Recorded according &c [signed] Jo Williams C C
[Surry Co. Will Book 1, p. 121]

"On the Monday following the signing of this bill of sale, MatthewSparks appeared before the Surry County Entry Taker, Joseph Winston,to challenge the claim made by Lewis. This was called making a"caveat to the claim," and the law required that such a caveat then befiled wit h the Secretary of State's office. Winston was alsorequired to turn the dispute over to the County Court for a jury todetermine who wa s the rightful claimant. He wrote in the margin ofthe caveat: "Sept ember 14, 1778--caveated by Matthew Sparks--returnedto Court."

"When the Surry County Court met on November 11, 1778, four justiceswere present (John Hudspeth, William Hall, Michael Howzer, and WilliamHankins). They listened to William Sparks's explanation of the sale ofhis mill and improvements to his son, as well as Matthew's challangeof the claim of William T. Lewis for his father's land.Unfortunately, court minutes of this period are almost always quitebrief, and the only entry regarding this matter by the clerk reads:"Deed from William Sparks to Matthew Sparks. " From this entry,however, it appears that the justices accepted Wi lliam's bill of saleas though it had the authority of a deed. The clerk, for a reason wedo not understand, recorded this document in the county's will bookrather than in its deed book, even though it was customary to recordbills of sale with the deeds rather than among the probate records.

"Subsequent records prove that Matthew Sparks did, indeed, come to ownthe land upon which his father had built the mill as well as the millitself. Whether Matthew had to compensate Lewis in some manner, we donot know--no formal grant of the land to Matthew by the state has beenfound. Many years later, however, following an adjustment to thedividing line between Wilkes and Surry Counties, a grant was issued toMatthew by the state on December 3, 1795, (#2054) for 350 acres whichincluded "Sparks ' former survey." (Surry Co. Deed Book I, p. 437)

"Curiously, on November 12, 1779, William T. Lewis transferred toWilliam Sparks a warrant for a 200-acre tract he had obtained on thesame da y (#1734). This tract was described in the warrant as "nearthe waters of Deep Creek, including William Cates's Improvement." Inmaking the transfer, however, Lewis stipulated: "I Transfer thiswarrant to Wm. Sparkes that he obliges him self not to Lay it on theplace it calls for but to put it on some other land that he may chuseat his own Risk [signed] Wm. T. Lewis." Why Lewis made this transferto William remains a mystery.

"From subsequent tax lists of Surry County, it appears that WilliamSparks was able to use this warrant to acquire a tract on a spur ofBrushy Mountain about three miles northeast from his mill, near landwhich his oldest son, William Jr., had acquired. This tract,described as "joining Gilbert Keens LIne," and comprising 200 acres,was shown on a 1781 tax list for Surry County. This tax list alsocredited William with five horses and nine cattle, as well as "40pounds of money at interest." It was n ot until July 19, 1794,however, that William actually received the g rant from the state forthis land. [See Surry Co. Deed Book G, p. 240] The chain carrierswere James Sparks [the 3 great-grandfather of James J. Sparks] andThomas Sparks.

"While the record pertaining to the attempt by William T. Lewis toappropriate to himself the land on which William Sparks had squattedis not entirely clear, there is less mystery regarding SolomonSparks's loss of his land. Mention was made earlier regarding thereference to Solomon' s "plantation" in the report of thecommissioners charged with determining the dividing line between Surryand Wilkes Counties in 1777. The line had been drawn through Solomon's"plantation," leaving his house and the bulk of "his" land in SurryCounty while the smaller part now lay in Wilkes County. This tract onwhich one Moses Darnell had squatted initially, contained 490 acres.It will be recalled that Darnell had sold his "improvement," whichdoubtless included a house, to Solomon, but, of course, Solomon had notitle to the land itself. We can assume that Solomon had continued tomake improvements with the explanation that, eventually, he would beable to purchase this land from Granville's heirs. The line drawn bythe commissioners had left 340 acres, including Solomon's house, inSurry County and 150 in the n ew county of Wilkes.

"Being the "celebrated old Tory" that he was (using the words ofThomas Parks), Solomon Sparks could scarcely have taken the oath ofallegiance required in order to enter a claim when the state of NorthCarolina authorized the sale of "vacant" land beginning in 1778. Notsurprisingly, the same William T. Lewis who tried to "steal" WilliamSparks's land and mill, also entered a claim for the 150 acres ofSolomon Sparks's "plantation" that lay in Wilkes County. He did thison November 29, 1779. [Wilkes Co. Entry #1322] Another wealthy landspeculator, however, had gotten ahead of Lewis in making a claim forthat part of Solomon's land lying in Surry County. This was RichardGoode, another Surry County Militia Officer and, beginning in 1779, ajustice of the peace. On August 13, 1778, Goode made claim to "340acres of land in Surry County on the waters of Hunting Creek includingSolomon Sparkes improvement for compliment." [Surry Co. Entry #537]No caveat was entered against either claimant, and in due courseRichard Goode and William T. Lewis acquired titles to the land thatSolomon Sparks had once considered to be virtually his own. Neitherman seems to have been in a hurry to pay for the required survey,however. Lewis did not received his deed from the state for the 150acres in Wilkes County until October 23, 1782 [Wilkes Co. Deed BookA-1, p. 290], and it was not until October 13, 1783, that Goodeobtained his deed for the 340 acres he had climed in Surry County[Surry Co. Deed Book B, pp. 352-53].

"Richard Goode permitted Solomon Sparks and his family to continue tooccupy their house and to farm the land, although he probably chargedthem rent. A document dated January 1, 1791, proves this. On thatdate, Henry Speer, a deputy surveyor for Surry County, made claim to a300-acre tract which may have been land confiscated from a Loyalist[Surry Co. Entry #0120]. In making his claim, Speer described thetract as "300 acres on the waters of Hunting Creek adjoining the southside of Richard Goode's land whereon Solomon Sparks now livesincluding the long meadow and both sides of the road that leads fromAllin's Iron Works Mines at Yeate's place." A survey of this tractwas made for Speer "Beginning at a pine the second corner of the oldMill Tract in Matt Sparks line." Here we have proof of how close theland on which Solomon Sparks had squatted was to the tract on whichWilliam Sparks had built his mill.

"The sons of Solomon Sparks must have had strong attachment to theirfather's "plantation," as it had been called by the commissioners whohad surveyed the line between Surry and Wilkes Counties in 1777. OnJanuary 12, 1791, Solomon Sparks, Jr. purchased from William T. Lewisthe 150 acres which lay in Wilkes County, for which he paid Lewi s sixpounds and eight shillings [Wilkes Co. Deed Book F-1, p. 153] .Robert Lewis and Joseph Sparks, another son of Solomon and SarahSparks, witnessed this deed. (Solomon Sparks, Jr. was born about 1764; an article about him and his family appeared in the QUARTERLY ofJune 1959, Whole No. 26, although at that time we did not realize thatthe land which he purchased from Lewis had been part of his father' s"plantation.")

"On August 11, 1792, Reuben Sparks, born about 1755, who was anotherof the sons of Solomon and Sarah, purchased the 340 acres in SurryCounty on which his parents' home was located. He paid Richard Goode"fifty pounds current money." [See Surry Co. Deed Book E, pp. 229- 30] The witnesses to this deed were John Cooley, Sr., John Cooley, Jr.,

Turn to the notes for their son George Sparks for a short article onthe Christian Newsanger deed of April 26, 1764, not included here forreasons of space limitations.

* * * * * * * * * * * * *
-5443-

A MYSTERY SOLVED!

WHERE DID WILLIAM SAMPLE SPARKS GET HIS MIDDLE NAME?

FROM HIS MATERNAL GRANDFATHER, WILLIAM SAMPLE (DIED 1682)

By Russell E. Bidlack

We begin this article with grateful acknowledgement to Joyce Bastasch,a long-time member of our Association, who lives in Palos VerdesEstates, California. It was Mrs. Bastasch who discovered and calledthis writer's attention to information contained in the publishedcourt records of early New Castle County, Delaware, thus enabling usto solve a mystery that has long mystified descendants of WilliamSample Sparks (ca.1700-ca.1765), son of William, Jr. and MargaretSparks. An article about William Sample Sparks was published in theQUARTERLY of December 1989, Whole No. 148, to which further detailsregarding his life were added in the QUARTERLY of June 1997, Whole No.178, as part of an article devoted' to his daughter, Rachel (Sparks)Bicknell. The mystery has pertained to the source of the middle nameof William Sample Sparks. The record noted by Mrs. Bastasch is thewill of William Sample father of Margaret Sample, the future wife ofWilliam Sparks, Jr. Dated December 11, 1682, William Sample's will wasprobated three weeks later, on January 1, 1683. (The old JulianCalendar was then in use, so these dates are slightly different underour Gregorian Calendar used since 1752.) The full text of the will ofWilliam Sample will appear later in this article.

Typical of the time, the name "Sample" was spelled in a variety ofways among the court records of early New Castle County. When WilliaimSample made his will, for example, he signed his name "Will: Sempell."When he had been granted a tract of land (600 acres) in the colony ofDelaware on April 19, 1681, his name was recorded as "WilliamSemple." In a tax record dated June 12, 1684, for this same 600acres, his widow's name was given as "Widdow Sample." Although WilliamSample Sparks seems to have signed his name by mark, others spelledhis middle name as Sample. Except in quotations, we will use thatspelling here.

Because of the mystery pertaining to the origin of the name Sample, wehave noted our inability to account for it in a number of articlesthat have appeared in the QUARTERLY. Our earliest mention of WilliamSample Sparks was in the issue for June 1961, Whole No. 34 (p.557).There we noted that the signatures (by mark) of William Sample Sparksand Rachel Sparks had appeared on the inventory taken in 1749 of theestate of Joseph Sparks who had died that year in Frederick County,Maryland. Joseph Sparks was an uncle of William Sample Sparks.(Maryland law then required that two relatives, as well as theestate's two major creditors, sign the inventory of the possessions ofa deceased person as part of the probate process.) There were otherreferences to William Sample Sparks in later issues of the QUARTERLY,often including the question of why the name Sample had been chosenfor him.

It was not until the issue of the QUARTERLY of December 1989, WholeNo. 148, that we presented a detailed record of the life of WilliamSample Sparks. There we noted that he had used his middle name onlywhen he might otherwise have been confused with a cousin or nephewalso named William Sparks. We even speculated that he might havechosen "Sample," himself, to use as a middle name merely to preventthis confusion, rather than having been christened "William SampleSparks." this remains a possibility, but whether chosen by hisparents at the time of his birth in or about 1700, or whether it wasadded by himself at a later time, we can be sure it had come from thename of his maternal grandfather, William Sample. While thisgrandfather had died some two decades prior to the birth of hisnamesake, William Sample Sparks's mother, Margaret (Sample) Sparks,dooubtlesstold him of her father who had died while she was still alittle girl.

****************
-5444-

Based on a predominance of evidence gathered over many rears, westated in the 1989 article, as we had done in earlier references, thatWillam Sample Sparks was a son of William Sparks, Jr. William Sparks,Jr. was the eldest son of the immigrant, William Sparks, who died inQueen Annes Couny, Maryland, in 1709. (See the articles in theQUARTERLY of March 1971, Whole No. 73, and December 1992, Whole No.160, for information on William Sparks' [died 1709] and his family.)We also noted in the 1989 article that William Spatks, Jr. had beenmarried twice, his first wife, Margaret, mother of William SampleSparks, having died prior to 1730.

Until Mrs. Bastasch's discovery, we believed that the maiden name ofMargaret had been Hamilton based on a New Castle County, Delaware,document of March 31, 1696, that had been copied incorrectly. Thiserroneously copied record appears in New Castle County, Delaware, LandRecords, 1673 -1710, compiled by Carol Bryant, pp.76-77. It can easilybe understood how this error had been made from the 200-year-oldhandwritten copy of the original by a Court clerk. Furthermore, womenthen rarely owned land, so in copying this document, Ms. Bryant haddoubtless just assumed that the land in question had pertained to aman.

A photocopy of this 1696 deed, recorded in New Castle County deed bookB1, pp. 101-02, has been obtained from the Hall of Records in Dover,Delaware. In this there is the identification of "William Sparks ofthe province of Maryland and Margaret his wife, the daughter of JosineHamilton, later of New Castle, Delaware ..." In this first recordingof the name "Josine" in the 1696, it could easily be interpreted as"Josiah," but when her name was repeated later in the deed, thespelling is clearly "Josine." We now know that, following the death ofWilliam Sample in 1682, his wife, Josine, had been married to a mannamed Hamilton. Margaret, wife of William Sparks, Jr., was, asthis1696 deed indicates, a daughter of Josine Hamilton, but Josine hadbeen Josine Sample when Margaret had been born in the 1670s.

A transcription of this entire 1696 deed follows, with a minimum ofpunctuation added for clarity:

Know all men that John Bisk of the Town of New Castle, Taylour, andWilliam Sparks of the province of Maryland and Margaret his wife, thedaughter of Josinh [?] Hamilton late of New Castle deceased, for avaluable Consideration to whom in hand paid by Benjamin Sweet of theTown of New Castle aforesaid the recept whereof they do herebyAcknowledge Have given, granted, Enfeofed and by these presentsConfirmed unto the said Benj. Sweet a certain Lott of ground in theTown of New Castle containing in bredth thirty foot and in lenth fromsewer to street bounded to the Eastward by Front Street, to theWestward by Land Street, to the Northward by the land of the said JohnBisk and to the southward by a house and gound lately belonging to the said Josine Hamilton, deceased, which said lott was confirmed bypatent from Francis Lovelace, Esqr. Governour under his Royallhighness James Duke of York the Eighth of Aprile 1672 unto Isaac Tinewith other lotts thereto adjoyning To Have and to hold the sd lott ofground and premisses with fencings and Improvements to the sd Benj.Sweet and his heirs and behoef of him, his heirs and assigns foreverunder the Yearly rent according to the Lord of the Soyle. And the saidJohn Bisk, William Spark and Margaret his wife the premesses & everypart thereof to the said Benj.Sweet and his heirs against them andtheir heirs and all other persons whatsoever shall and will warrantand forever defend by these presents
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(Transcription of deed, continued.)

In witness whereof
they have hereunto sett their hands and sealls this 31st of March 1696
Sealled and delivered in
the presence of

Lendorr 0 sterhaven John Bisk
Jacob Allrichs Eliz: Bisk
Henry Wright William Sparks
Sarah Bisk
Acknowledged in Open Court held at New Castlethe 16th
of June 1696 as wittness my hand and seal of the court

Based on the published copy of this deed, as noted earlier, thiswriter stated, erroneously, in his 1989 article, as in earlierreferences in the QUARTERLY, that Margaret, wife of William Sparks,Jr., had been a daughter of "Josiah Hamilton." We know now that JosiahHamilton did not even exist. The photocopy of the officially recordedcopy of the deed in question clearly reveals that it was Margaret'smother who was described as "late of New Castle deceased." Althoughwhen Margaret's mother, Josine, died, she was married to a man namedHamilton, her earlier husband had been William Sample (or "Semple"),as proven by his will dated December 11, 1682. This will was recorded"vetbatim" in the records of the Court of New Castle meeting January1, 1683, at Which session "The laest [i.e. last] will and Testament ofWilliam Sempill, Late of New Castle, deceased" was produced (i.e.,probated) by two of the witnesses, John Biske and Jonas Arskin. Thetext of this will follows:
The Last Will and Testament of William Sample

In the Name of God amen this 11th day of december in the yeare of orLord God 1682. I: William Sempill, Inhabitant of New Castle upondelaware River being Sick and weake in Boddy but of perfect mind andmemory thankes be Given unto God, Therefore calling unto mind themortality of my Boddy and knowing that itt is appointed for all menonce to dye, Doe make and ordayne this my Laest will and Testament inmanner and forme following That is to say first and Principally I:give my Soule into the Hands of God who Gave itt to mee and for myboddy I: commend itt to the Earth, to bee burried in decent Christianmanner, noteing butt att the Gennerll: Resurection I: shall Receavethe same againe by the mighty power of God, And as touching Suchworldly goods as itt hath bin pleased God to bless me in this Lyfetyme wth I: Give devyse bequeath and dispose the Same in manner &forme following Vizt: First I: give, devyse and bequeath unto mydearly beloved wyfe Josyn Sempill and my Little daughter Margaretwth: Rest of my wifes Children all my p'sonall Estate as goods andChattles & moveables to be Equally divyded and distributed to my wifeand daughter Margret and the rest of my wyves Children to use, occupyand dlspose of as Shee my said wyfe Shall See necessary and convenietyfor the use of my sd: wyfe and daughter Margaret and my wyvesChildren, only Excepted -5446-

I: doe devyse and bequeath & Give unto my Little daughter Margaretall my Estate in Christina Creeke or upon a brainch of the said Creekeboath Reall & personall movements and imovables, goods and Chattleswth: all the increase to the Soale and proper use and behoffe of shemy said daughter Margartet itt being my will that first of all my wyfeJosyn Sempill puts on and upon the Plantation in Christina or brainchof the sd Creeke for the use of my daughter Margaret Soe manny Cowes,Sowes and other Chattell and What Els I: am allreaddy obliged to putupon the aforsd Plantation all being for the Soale and proper use andbehoofe of my daughter Margret, until Shee Marryeth or Comes of age,the Increase to be att the disposal of my wyfe Soe Long as she remainsa widdow provyded She my wyfe Keepes the old Stoke good, and in thenext place, if itt please God to call mee out of this world I: doeordaine Constitute and appoint my beloved friends Mr. James Walliam &Samuel Land of the Towne of New Castle, to bee executors: of whatwhat worldly Estate I shall Leave behind mee, and to use the best oftheir Indeavors for the bennefitt of my wyfe, my daughter Margret andmy wyves Children, with all that my wyfe Josyne Sempill pay all Justdebts due from me, to others, and that sheereceive all debts due fromothers to mee, and I: doe hereby utterly disallow Revoake & Annull alland Every other former Testaments, wills, Legacies, bequeaths.Executors: By me in any wise before this type named, willed, orbequeathed, Ratifying and Confirming this and none other to bee myLaest [last] will & Testament whereof I haue hereunto Sett my hand &Seale the day & yeare above written--

[signed] Will: Sempell (LS)
Signed Sealed published
pronounced. declared by
the sd: William Sempill
as his Laest will & Testament
In the Presence of us --
J. D haes [Johannes DeHaes]
Jan Bisek [John Bisk]

In this will, a symbol from Old English and Old Norse, the Runiccharacter called the "thorn," was used for the letters th, as in the,this, etc. The symbol resembles the letter y, and many editorssubstitute a y for the thorn, thus spelling the word "the" as "ye" or"that" as "yt " implying that "the" had been pronounced "ye" or "that"as "yet;." Since the thorn was not a y, this writer prefers tosubstitute the letters "th" to retain the pronunciation that theoriginal writer had intended.

From the will of William Sample, it is apparent that his wife Josine,had been married previously, and that she had had children by thatearlier husband. Unfortunately, however, William Sample did notmention the surname of Josine's children by her earlier marriage. Wewill return to this question later in this article.

From the wording of his will, its seems apparent that William Sampleintended that his two friends, James Walliam and Samuel Land, serve asexecutors of his estate, although he qualilied their appointment withthe words "use the best of Indeavors for the bennefitt of my wyfe, mydaughter Margret and my wyves Children... The Court record indicatesthat when this will was presented to the Court for probate, WilliamSample's widow, Josine, made the claim that her husband had intendedthat she administer his estate, and that James Walliam and Samuel Land should "bee understood only as overseers & assistants to the widdow[herself] in the performand of her husbands will." Josine must havebeen a strong and bold woman for her day, for the justices acceptedher argument.

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Before returning to a discussion if the provisions that William Samplemade in his will, it may be appropriate to review the dating systemthen in use in England and her colonies. As noted, it was on January1, 1683, that William Sample's will was presented for probate in theNew Castle court. The meeting dates for this session of the courtwere recorded however, as follows: "Att a Court Held in the towne ofNew Castle...the first and 2d dayes of the Elleventh month calledJanuary annoq. Dom.1682/3." It was under the old Julian Calendar,which remained in use in England and her colonies untill 1752 thatJanuary was counted as the eleventh month of the year and February asthe twelfth. The new year began on March 25th, in keeping with vernalequinox, but all of March was counted as the first month of the year.

Dating back to the time of Julius Caesar, the Julian calendar had beenadopted in the Christian world during the Nicene Council in A.D. 325.While based on the solar year and divided into 365 days, plus an extraday every fourth year, the Julian calendar was found to exceed thesolar year by eleven minutes, amounting to a full day every 131 days.This was corrected in 1582 with the adoption of the Gregoriancalendar, which we use today, by having no leap year in centenialyears not divisable by 400, and to correct the cumulative error thathad grown over the centuries, ten days were dropped and January wasdesignated as the first month of the year. Because it was Pope GregoryXIII who ordered that the new calendar be adopted, it was named forhim. For this reason, the Gregorian calendar was ridiculed byProtestant nations, including England, calling it a "CatholicCalendar".
With Henry VIII having broken with Rome, England insisted oncontinuing to count the passing of time with the old Julian Calendarlonger than did the rest of Europe. Particularly in the world of tradeand travel, the two calendars caused growing confusion. In theAmerican colonies, the custom grew to use "double dates" duringJanuary and February and the most of March. Thus, the New Castle Courtsession beginning on January 1, 1682 under the Julian Calendar waswritten "1: January: 1682/3" Under the Gregorian Calendar this wasNew Year's day, 1683. The English parliament finally adopted theGregorian Calendar in 1752, by which time it was necessary to dropeleven days, and throughout England and the colonies in 1752,September 2 was followed by September 14.

Early Historical Events in the Colony of Delaware

Another historical matter needing discussion in order to understandthe difficulty in tracing the forebears of William Sample Sparks isthe complicaterd evolution of the the colony of Delaware. First it isimportant to note that New Castle County, Delaware, the place ofresidence of William Sample when he died in December 1682, very nearlyadjoins Queen Annes County, Maryland, the home of William Sparks, Jr.It is not surprising that William Sparks, Jr. became aquainted withMargaret Sample, for, though living in different colonies, they grewup but a few miles apart. They were probably married in Delaware in orabout 1695.

Delaware did not come under English rule until 1664, the same yearthat England took possession of Amsterdam in New York. Although itsshore on the Delaware River had been visited in 1609 by Henry Hudson,a British sea captain in the service of the Dutch West India Company,it had been Sweden, not Holland, that succeeded in establishing asettlement at what is now Wilmington in 1638.

In 1651, the Dutch established a colony and built a fort at what isnow New Castle, and in 1655 New Sweden capitulated to the Dutch.TheSwedish colonists on the Delaware remained, however, coming underDutch rule. Then in 1664 when a war between England and Holland spreadto the New World New Amsterdamand other Dutch possessions in Americawere taken by an English expedition under James, Duke of York. TheSwedish and Dutch settlers on the Delaware River were permitted by theEnglish to remain on their land byswearing allegiance to the King ofEngland, and in 1673 the Duke of York's Bookof Laws introduced themto the English legal system. In the 1696 deed quoted earlier, thereference to "the Lord of the Soyle" meant the King of England. It isonly after English rule do local records exist for what became thecolony of Delaware.

In 1682, King Charles II extended the proprietary rule of William Pennto include, beyond the colony of Pennsylvania, the land on theDelaware River that eventually would become the colony of Delaware.Initially, however it became known as the "Lower Counties" ofPennsylvania. These three "Lower Counties" were called New Castle, St.Johns, and Sussex, although St. Johns was changed to Kent County in1682. In 1703, these three counties were granted their own assembly,which was an important step toward their becoming the separate colonyof Delaware.

William Sample, Immigrant to Maryland

Although our earliest reference to William Sample in New CastleCounty, Delaware, found thus far is dated October 22, 1677, we believethat if there existed Dutch and Swedish court or land records prior toEnglish rule, we would probably find his name there. We are certain,however, that he was neither a native of Holland nor Sweden, but thathe had come from England. We further believe that he was the sameWilliam Sample who arrived in Maryland in February 1653/4, i.e., itwas 1653 under the old Julian calendar but 1654 under the GregorianCalendar.

At the Maryland Hall of Records there is a very early handwrittenvolume of land records called "Liber A. B. & H." An expert inlocating and interpreting Maryland records, Dr. Carson Gibb, who hasdone research for us over a number of years, has provided us withphotocopies of a number of pages in this volume pertaining to WilliamSample.

As explained in The EarlySettlers of Maryland by Gust Skordas(Baltimore: Genealogical Publishing Company, 1968, p. ix), this "LiberA.B.& H" is a transcription completed in 1717 from much earlierrecords, most of which are no longer extant. Included in this 1717transcription is what was once called "Liber H (1650-55)," which nolonger exists.

To interpret the earliest record pertaining to William Sample in"Liber A.B.& H." one must note that, to attract settlers to Maryland,Lord Baltimore, the proprietor of the Colony, offered free land to anyman or woman who came to his colony
at his/her own expense. The number of acres provided had been reducedfrom 100 to 50 per immigrant by 1653 when William Sample came. Shippassage from England to Maryland cost about 20 pounds at that time, asum that few individuals desiring to emigrate to Maryland could pay.Many such men and women therefore, came as indentured servants,agreeing to work for the person paying their passage for varyingnumbers of years for their passage. The person paying for the passagewould receive his servant's "right" to the 50 acres.

The immigrant who "transported himself," i.e., paid his own way, orthe person who "transported" someone, would, soon after arrival inMaryland "demand" a "right" to the promised 50 acres. Upon receivingthe written "right", he/she could then transfer (sell) it to anotherperson. (For a more detailed account of this form of acquiring land inMaryland, see the QUARTERLY of December 1992, Whole No. 160,pp.4025-26.)

* * * * * * * * * * * * *
-5449-

On page [folio] 382 of "Liber A.B.& H" appears the following entrydated 26th January 1653: "William Sample" Demandeth Fifty acres ofland for transporting himself into this province about February last."(This would have been February 1653 under the Julian Calendar, but itwould be February 1654 under the Gregorian Calendar.)

The name "Sample" was by no means a common surname in the 1600s noris it even today. No one else named Sample appears in the Skordasvolume cited earlier or in Carson Gibb's A Supplement to The EarlySettlers of Maryland.

The exact same entry that appears for William Sample on page 382 of"Liber A.B. & H". was made also, on the same page, for each of twoother men who had transported themselves, i.e., paid their own way,from England to Maryland. They were Samuel Graves and Richard Harris.Whether Graves and Harris might have come to Maryland with WilliamSample is not known.

Sometime prior to July 3, 1654, William Sample had transferred his"right" to fifty acres to a man named George Bushy (also spelledBussy). George Bushy had also arrived in Maryland about the same timeas had William Sample, Samuel Graves and Richard Harris as revealedin an entry on page 380 of "Liber A.B. & H." Just above the GeorgeBushy entry is that of Henry Keyne who figures later with WilliamSample, Samuel Graves and Richard Harris in the sale of their"rights".

"Liber A.B.& H." Folio 381.
26th June [1654] Henry Keyne Demandeth one Hundred and fifty
Acres for Transporting himself and Richard and Edward Kene, his
two Brothers into this province about February last.

[Same Liber, same folio, & same date.]

George Bushy Demandeth two hundred and Fifty acres of land for
Transporting himself, his Wife and George and Henry Bussy [sic]
their Sons into this province about February last with John Jenkins
his Servant.

No written record has been found by which Henry Keyne, William Sample,Samuel Graves, and Richard Harris transferring their "rights" toGeorge Bushy (oe Bussy) has been found, but that they had done so isindicated by the following entries on folio 384 of "Liber A.B.& H."
3d July [1654] George Bussy [sic] Demandeth as pr Titles two
Hundred and Fifty Acres in his own Right and one hundred and
Fifty in the right of Henry Keene and his Brothers and fifty acres
a piece in Rights of Samuel Graves, William Sample and Richard
Harris, in all Five hundred and fifty acres.
Immediately following this entry, at the top of folio 385 appears thefollowing:
3d July [1654] Warrt [i.e., Warrant] to lay out for George Bussy [sic]two Hundred and Fifty acres and for Henry Keene and his Brothers Onehundred and Fifty acres and for Samuel Graves Fifty acres, for WilliamSample Fifty acres and for Richard Harris fifty acres being in allFive hundred and Fifty acres of land in any part of the province notformerly taken up. retd 1st January.

One other Maryland record has been found pertaining to William Sample.On April 1, 1660, he and one Francis Carpenter witnessed the will ofRichard Hix in Calvert County. Hix was identified in the will asliving on "Patuxent River". Here William Sample signed his name as"Wm. Sampell." Perhaps it was from Calvert County Maryland that hewent to Delaware while it was still under Dutch rule.

-5450-

Because he had had the resources to transport himself to America,William Sample must have been a young man of some means. By the timehe appears in the English Delaware records, he seems to have been aman of both Financial resources and status in his community, as willbe seen below.

Records Pertaining to William Sample in Delaware

We have had no access to any records that may have been kept duringthe Dutch rule of Delaware, but English Court records survive andthose from 1676 to 1699 were published by the Colonial Society ofPennsylvania in two volumes, 1676-1681
in 1904 and 1681-1699 in 1934. Both volumes have been reprinted by theClearfield Company of Baltimore, Maryland, in 2000.

It was on April 4, 1677, that William Sample first appeared in theEnglish Court records of New Castle. This was a case in which he andWilliam Hamilton were plaintiffs against James Besevick, claiming thatBesevick owed them "by his bill bearing date 8th of Novembr Last[1676] the sume of seven hundred fourthy and seven gilders & threestyvers." The Court, comprised of three justices of the peace whoserved as magistrates, ruled in favor of Sample and Hamilton. Therewere subsequent cases in which William Sample and William Hamiltonwere co-plaintiffs regarding money due them, suggesting that they mayhave been partners in some manner. For example, at a session of theCourt on February 18, 167718, William Sample and William Hamilton wereplaintiffs against the estate of John Askin, deceased, "for the sumeof three hundred and six gilders and seven styvers."

In a Court record dated July 24, 1677, a jury was empaneled toconsider a case involving a stolen coat; William Sample was one of thejurors, a duty that he would perform thereafter on several occasions.

In the autumn of 1677, a census was taken of the "Tydable [tithable]prsons living in the [New Castle] Court's Jurisdiction." A total of307 male heads of households were listed in such a way to suggest thattheir arrangement was geographical. That in which William Sample'sname appeared was headed "from the next side" and comprised 42 names.William Hamilton's name followed that of William Sample in the list,suggesting that their houses were probably side-by-side. Closeneighbors included Math: d' Ring, John Bisk, Jan Boyer, Joh: d' haes,and James Walliam, all being persons mentioned as Sample's associatesin later records.

That William Sample was a prominent citizen of New Castle County isproven in the Court's minutes of July 17, 1678. A petition was thendrawn up addressed to the Governor, Sir Edmund Andross, requestingthat three additional justices of the peace be appointed to serve asmagistrates on the Court. Included in the petition were the names offour citizens presented "as the fittest prsons" from whom the Governormight choose three: "Mr Johannes Dehaes, Mr William Semple, Mr AbramMan, and Mr Hendrick Williams." William Sample was one of the threewho were appointed by the Governor, and as one of the now sevenmagistrates, he attended his first Court session on November 5, 1678.

Governor Andross, whose principal duty was to govern the colony of NewYork, then also governed the three Delaware counties, which meant thathis Delaware subjects rarely had personal contact with him. In July1679, four of the New Castle magistrates, including William Sample,agreed to be available on occasion to travel to New York to representNew Castle County before the Governor. It is interesting to note thatwhen the New Castle Court met on July 6, 1681, it

* * * * * * * * * * * * *
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adjourned without acting because Justice Otto was ill and "JusticeWill: Sempill is absent at New York." Sample served as a member of theNew Castle Court for the remainder of his life.

References From the New Castle Court Records
Pertaining to Josine Sample

In attempting to gather information regarding Josine Sample in orderto tell something of her life, we are fortunate that she was mentioneda number of times in the extant Court records of New Castle. It isalso helpful that she was the only person with the forename Josine inthese records. Her name is also spelled Josyn, Joslyn, and, on oneocasion, Usyn.

This writer is quite certain that her maiden name was Boyer. She wasmarried, first, to a man named John Marshall by whom she had a numberof children; he had died prior to 1675. Josine was married, second, toWilliam Sample; they were the parents of one child, Margaret Sample.With William Sample's death in 1681, Josine again became a widow.Sometime prior to 1686 she was married, third, to William Hamilton.She died prior to March 1696. The Court records revealing her marriageand other events in her life are discussed below.

(This articleis continued in the notes for Anne's "child" Theremaining notes for Wm. Sample Sparks.)

Information concerning this line of the descendants of James andLucinda (Sparks) Hanks was provided by Dottie Reid(Dreid10278@aol.com) in May, 2000. She is the daughter of Lena MaeHarmon but she didn't provide the name of her father.

.

!NOTES:
See THE MATTINGLY FAMILY IN EARLY AMERICA by Herman E. Mattingly (1975);
pg 9: "The head of the little family died early in 1664 without making a will.
The widow Elizabeth, was given letters of administration...(see note sunder
her spouse Thomas regarding the probate). Meanwhile, the widow, Elizabeth,
married one Walter Pake(s), himself a widower."
At pg 11: "Nothing is known about the later activities of the wido w,Eliz-
abeth. After the tragic death of her second husband we find no record of her;
although there is a record of an Elizabeth Peake receiving "personalty" in
1671 in the Will of one Mordecay Hamon (citing St. Mary's Co., MD. Wills,
Liber 1, folio 473."

!NOTE:
Robert Cole mentions Elizabeth as his wife in his will though he disclaims
any interest in her estate. It is assumed that she is the mother o fthe
children listed.

The Maryland Semmes and Kindred Families, page 201:
"Benedict Leonard Boarman, son of Benedict Leonard and Anne Boarman,was born
near the present village of Bryantown, Charles County (Maryland).During 1778
he subscribed to the Oath of Allegiance in Charles County before JohnParnham.
His wife was Elizabeth _____." Following is a list of their childrenas seen on
the family group sheet.

See SQ pg 1965 for information concerning Elizabeth (???) Sparks.

Also see article beginning at page 2914 on Joseph Sparks Jr. (494 )making reference to Jonas, his uncle, all of Joseph's siblings andparents . See note under Jonas' brother Solomon (356) from thisarticle.

Here follows a continuation of the SPARKS QUARTERLY article regardingWilliam Sparks (1725-1801/02) and Jonas Sparks continuing from page3774:

"News of the death and torture at the hands of the Indians was not newon the frontier. Immediately on learing of the situation, DanielBoone placed his party in a defensive position, the women and childrensheltered in a large hollow under the roots of a beech tree, outpostswere established for an immediate attack. Despite the possibility ofan Indian attack, Rebecca Boone insisted on sending back one of thefew linen sheets they possessed in which to wrap her son and keep thedirt from his body . After some time, the Indians attacked. But, dueto the settler's strong de- fensive position and finding the settlersready for them, they fell back , apparently waiting for a morefavorable situation. The settlers remained on the defensive all thatday and through the night. During the night, the Indians were againdiscovered creeping up on the camp but, learing that the settlers wereready for them, they again drew off. Boone and some of the menfollowed the Indians downstream, coming upon the Indians gatheredaround a fire. As their rifles cracked, the Indians vanished into theforest.

"Once it was determined that the Indians had definitely withdrawn , ageneral discussion was held in which it was decided that the majorityof the settlers were too frightened to go on. The death of the men inthe rear party and the torture of the boys indicated that there mightbe more Indians in the vicinity probably lying in wait along thetrail. Gathering their scattered cattle, the entire party returned tothe settlements. After resting up at Snoddy's Fort, the majority ofthem moved back to their homes in North Carolina. Boone's firstattempt to establish a settlement in Kentucky had failed beforegetting well underway. The Boones, without a home and having spentmost of their resources on equipment for the new settlement, settleddown for the winter at Snoddy's Fort on the Clinch River. Despitethese misfortunes and the death of his son, Daniel Boone's enthusiasmfor settling in Kentucky had not been dampened."

"Solomon's land was at the mouth of Muddy Creek, i.e., across f romwhat is now Davidson County (on the main or North Yadkin). This wasabout nine miles (as the crow flies) from Matthew Sparks's 372 acretract. In 1762, Solomon had obtained an additional grant of 290 acresadjoining his earlier grant, but in 1763 he had sold this secondtract, part of it to his brother, Jonas Sparks, and the rest toValentine Vanhauser. Solomon continued to live on his first grantuntil about 1770/71 when he moved to that part of Rowan County whichhad just been cut off to form Surry County. He did not dispose of hisfirst grant of 250 acres on the Yadkin, however, until many yearslater. (He sold 160 acres of this to Zepheniah Harris in 1787 and theremain der to his brother, Jonas Sparks, on May 8, 1788..."

"James Sparks (355), younger brother of Matthew, apparently moved toSurry
County (to what became Ashe County) with Matthew, while Solomon's(356) younger brother Jonathan Sparks (357), either accompaniedSolomon or William when they moved to Surry County. Of the Sparkseswho had come from Frederick County, MD, to the Forks of the Yadkin,all had moved away by 1773 except Jonas , brother of Solomon andJonathan.

"Jonas Sparks was a young man, not yet of age, when he accompanied hisbrothers and cousins to the Forks of the Yadkin. His name appeared ona Rowan County tax list in 1759 thus proving that he had reached agetwenty-one. The fragment of a tax list for 1761 shows that he wasliving then on the opposite side of the Yadkin River from his brother,Solomon. He had squatted on a tract near Muddy Creek on a small branchthereof which yet bears his name, "Sparks Creek." In a land claim madeby one Evan Davis in 1778, the description referred to "Jonas Sparks'Branch." Jonas made some improvements on his land, but he failed topurchase it from Lord Granville prior to January 1762 when one of theMoravian German settlers nearby named Jacob Lash (or Loesch) obtainedfrom Granville's land agent two different tracts totalling 1,384 acreswhich included the land on which Jonas had been living. [See Rowan Co.Deed Book 6, pp.108-091 It was after this misfortune that Jonaspurchased from his brother for only five pounds slightly over 130acres on the west (or south) side of the North Yadkin [Rowan Co. DeedBook 5, p. 2751.

"Jonas Sparks and Daniel Boone were about the same age, and because asteenagers and young married men they lived near each other, theybecame good friends. In 1773, about two years after his brother,Solomon, had left for Surry County and his cousins, William andMatthew Sparks, had followed him, Jonas and his young family set outon an even more adventurous journey. Daniel Boone had returned fromhis exploration of Kentucky and invited others to join him and hisfamily as settlers in that new and wonderful land. Jonas was one offive young men to volunteer, the others being Boone's brother, SquireBoone, Jr., and three sons of Morgan Bryan: James, Morgan, Jr., andWilliam. These six families left to follow the "Wilderness Trail" toKentucky on September 25, 1773, according to Daniel Boone'sautobiography. Along the way, they were joined by several otherfamilies.

"The tragedies and hardships faced by these emigrants on the trail toKentucky, and then in their settlement at Boonesborough, proved toomuch for Jonas Sparks and likewise for some members of the Bryanfamily. They returned to their old homes in the Forks of the Yadkin,but in what year we do not know. We believe that Jonas Sparks's firstwife died in Kentucky; in 1805 he married a widow named Mary Eakle.

"It was on the eve of the American Revolution that William Sparks andhis relatives moved to their new homes in Surry County, and onewonders whether the anticipation of those hostilities may have been afactor in their deciding to move to a less populated area. Anotherfactor may well have been that called "the Regulators." During the1760s, a large number of settlers in western North Carolna had becomeconvinced that their county sheriffs, justices, and other officialswere corrupt. It was claimed that a number of sheriffs, who were thetax collectors, were pocketing a large portion of the taxes theycollected, and that many of the fees these officials were charging forservices were both excessive and illegal. The Royal Governor of NorthCarolina, Governor Tryon, while believing that these complaints wereprobably true, feared the people's determination to "regulate" theseofficials would be more dangerous than the corruption. After a numberof incidents of violence, he used force to put down the "uprising."Calling out the militia, mainly from the eastern counties, theGovernor was responsible for what came to be called the Battle ofAlamance on May 16, 1771, where a force of 2,000 Regulars was defeatedwith considerable bloodshed. We have no knowledge of where thesympathies of the Sparks brothers and cousins lay in this dispute, butit is quite possible that their decision to move to a more thinlypopulated area could have been related to the Regulator Movement.

"Several records survive which suggest that the Sparkses of William'sgeneration were quite content for the American colonies to remainunder British rule. There is ample evidence that a large number ofmen living in the Forks of the Yadkin were Tories, or Loyalists.There is the story that the militia of the area was so evenly dividedamong Tories and Whigs that it was agreed that a fist fight between anofficer of each party would determine which side the men would take.Although the Tory leader, Samuel Bryan (one of the seven sons ofMorgan Bryan), lost, he continued as the principal leader of theLoyalists in Rowan County.

"A call went out in the- spring of 1774 to hold a Continental Congressin Philadelphia. In North Carolina, a meeting was held on August 25,1774, to elect delegates. Following this meeting, Committees ofSafety were established in each county which took over the localgovernment. As explained by James S. Brawley, a North Carolinahistorian, these committees "established prices, collected arms,embodied troops and formed sub-committees to influence thedisaffected." The "disaffected" were those citizens who opposed takingup arms against the mother country. As noted, we believe that atleast the older members of the Sparks family were among the"disaffected."

"In March 1775, Samuel Bryan, whose operation of the ferry across theNorth Yadkin has been mentioned, secured the signatures of 195citizens of Rowan and Surry Counties to a pledge of allegiance to theBritish Governor of North Carolina. Unfortunately, the names of theseLoyalists have not been preserved.

"In 1778, soon after Jonas Sparks had returned from Kentucky, the new"state" of North Carolina demanded that all of its adult male citizenssign oaths of allegiance to the new state government. When the RowanCounty Court met on August 5, 1778, the justices took note of a longlist of individuals who had "neglected or refused ... to take the Oathof Allegiance." Among those listed was Jonas Sparks [Rowan Co. CourtMinutes, Vol. 4, p.1591. The punishment for refusing to take this oathwas the confiscation of one's estate, but this action seems not tohave been taken against Jonas, perhaps because he repented his earlierneglect or refusal to sign. Nevertheless, four years later, onNovember 9, 1782, following the surrender of General Cornwallis, JonasSparks was brought before the same Court, with five other men, "toShew Court Cause why their Estates should not be Confiscated." TheCourt record is disappointingly brief regarding the action taken, butapparently Jonas, as well as the others, was able to explain theirearlier opposition to the Revolution, and all of them "weredischarged." [Vol. 4, p. 333; these two references are found in Mrs.Linn's abstracts of these court records, Vol. III, pp. 38 & 86.1

"As was noted earlier, the wife named Mary whom Jonas Sparks named inhis will, was his second wife, and he had no children by her. We mayassume that he named all of his living children in his will, as wellas his deceased son, Jonas, Jr. It is possible, however, that therewas a daughter omitted, perhaps because she had died earlier withoutissue. Lewis Little, born November 4, 1770, a son of Daniel Little andhis wife Mary (who became Jonas Sparks's second wife), is known tohave married a Tabitha Sparks. Since there was this family connectionand because Jonas Sparks sold land to Lewis Little in 1804, it ispossible that Tabitha was another daughter of Jonas; perhaps she haddied prior to 1805. (End of article on page 794 SQ.)

!NOTES:
See notes of her husband Joseph (428) in SQ 2914-2928 and in particular at
page 2920 were it states "Joseph Sparks died on September 18, 1827 .He was
buried beside his wife Elizabeth, in the Indian Springs Cemetery in West
Providence Township in Bedford County, near Everett, Pennsylvania. (On the map
oon page 2918, it is located quite near the dwelling identified as "J. Tate".)

.

!NOTES:
See CATHOLIC FAMILIES OF SOUTHERN MARYLAND, by Timothy O'Rourke, p g18
regarding the baptism of Richard Spalden (Spalding) of Benedict and Aloysia
on April 20, 1777. Sponsors were "Peter Ford, Eliz., wife of Phil Ford."

(Continuation of article in SQ Whole No. 190 on page 5340)

The Act of the General Assembly had required that a person claiming atract of land from the new state had to be an "industrious person."This was interpreted to mean, also, he be willing to sign a loyaltyoath, which William Sparks refused to do. There were several activePatriots in Surry County who were ready to identify their Loyalistneighbors and to make claim to their land along with theirimprovements thereon. An especially aggressive Patriot who was anofficer in the Surry County Militia as well as a "bounty hunter" forarmy deserters, was William Terrell Lewis, well known to the Sparksfamily. Lewis immediately identified a number of his "disloyal"neighbors, including William Sparks. On September 7, 1778, Lewisentered a Surry County Claim (#680) for 200 acres "on the waters ofHunting Creek including William Sparks' mill and plantation." Fivedays later, on learning of the action taken against him by WilliamTerrell Lewis, William Sparks transferred the land on which he hadbeen squatting, along with the mill, to his son Matthew through a"Bill of Sale." Recorded in Surry County Will Book 1, p.121, thisdocument is as follows:

BILL OF SALE

Know all men by these presents that I William Sparks of the County ofSurry and State of North Carolina for and in Consideration of the Sumof one Hundred Pounds to me in hand paid by Matthew Sparks of theCounty and State aforesaid have Bargained and sold the Said MatthewSparks One Grist Mill and Improvement of Land lying and being in SurryCounty on the North fork of hunting Creek Which Mill and Improvement Ido warrant unto the said Matthew Sparks from any person or personsLaying any Just Claim thereon Except the Lord of the Soil.
Given under my hand this 12th day of September 1778

his
William O Sparks
mark

Test
William Davis
William Roysdon

On the Monday following the signing of this bill of sale, MatthewSparks appeared before Joseph Winston, the official charged withregistering land claims, and, with his father's document in hand,challenged the claim that had been made by Lewis. The matter then wentto the Surry County Court on November 11, 1778, where it was ruledthat William Sparks's bill of sale was equivalent to a deed to hisson. We may wonder whether the God-fearing members of the Court wereimpressed by William's appeal to "the Lord of the Soil."

With this Court ruling, Matthew Sparks then entered a claim in his ownname for these 200 acres on September 14, 1778. We may wonder whetherthe "one Hundred Pounds" that the bill of sale credited Matthew ashaving paid his father may have been actually a private loan or giftfrom his father. Winston assigned #173 to Matthew Sparks's claim, withthe following description provided by Matthew:

Matthew Sparks enters 200 acres of Hunting Creek adjoining WilliamMiller including the above place for quantity. September 14, 1778.

Matthew's claim was approved. As explained on page 3788 of the June1991 issue of the QUARTERLY, on March 8, 1779, Matthew Sparkssucceeded in making another claim (#1466) for "200 acres of land inSurry County on the top of Brushy Mountain" adjoining the land of hisbrother, William Sparks, Jr., and a year later, on March 9, 1780,Matthew transferred this tract to his father. It was there thatWilliam and Ann spent the remainder of their lives. On December 21,1801, at the age of about 75, William made his last will, a copy ofwhich survives and was photo copied on page 3791 of the QUARTERLYcited above. He provided for "my Loving Wife Ann Sparks" anddesignated an equal share for each of his children, but he did notname them. He appointed three of his sons, however, to serve asexecutors of his estate, William, Jr., Thomas, and George, along witha son-in-law, William Wilcox. His son Jeremiah was a witness. The willwas entered for probate during the May 1802 session of the SurryCounty Court, so it would appear that William Sparks died either latein 1801 or early in 1802. We have no further record of Ann, his widow.

From a number of records pertaining to the family of William and AnnSparks, we believe that the following is a complete list of theirchildren, the first six of whom were born in Frederick County,Maryland, as may possibly have been the seventh, Margaret; the restwere born at the Forks of the Yadkin.

1. William Sparks, Jr., born about 1750. By 1800 he had moved to BurkeCounty, North Carolina.
2. Matthew Sparks, born about 1752. He is the subject of the presentartide.
3. Rachel Sparks, born about 1754. She was married to John Rose in orabout 1773. She was still living in Surry County, North Carolina, in1843 when she applied for a military pension based on her husband'sservice in the Revolutionary War.
4. Nancy Sparks, born about 1756. She was married to William Wilcox(or Wilcockson); they moved to
Green County, Kentucky, then to Barren County, Kentucky.
5. George Sparks, born about 1758/60. He lived near the town ofJonesville in that part of Surry County which became Yadkin County in1850. He died there in 1842.
6. James Sparks was born about 1762. He served in the RevolutionaryWar; later lived in Lee County,
Virginia. He moved to eastern Kentucky with his brother, ThomasSparks, and died in 1826 in that part of Floyd County that had becomeLawrence County, Kentucky, in 1822.
7. Margaret Sparks, born about 1764 She was married to William Gibsonin 1782. They moved to Burke County, North Carolina.
8. Thomas Sparks, born about 1766. He was married twice, first toRebecca and second to Diana Wilcox. He moved first to Lee County,Virginia, but in 1821 he moved with his brother, James Sparks, toFloyd County, Kentucky, living in that part that became LawrenceCounty in 1822.

9. Benjamin Sparks, born about 1769/70. He was married to ElizabethHicks in 1797 inSurry County,
North Carolina; he moved to that part of Burke County, North Carolina,that helped to form Caldwell County in 1822 where he died in 1749/50.
10. Jeremiah Sparks, born about 1772, was married to -------- Bell.They lived on Bear Creek in that part
of Burke County that became Mitchell County North Carolina, in 1861;he apparently died before 1840.

A more detailed record of these ten children of William and AnnSparks, with identification of many of their children, may be found onpp.3794 -98 of the June 1991 issue of the QUARTERLY.
*****
Part II: The life of Matthew Sparks as a Miller and Plantation Ownerin Surry County, North Carolina.
*****
As was noted earlier, Matthew Sparks was shown on a 1774 tax list thatsurvives. He was living with his parents in that part of Surry County,North Carolina, called Capt. Benjamin Cleveland's District. Like othermilitia captains in North Carolina, Cleveland also served as taxcollector for the area in which his militiamen lived. His districtincluded what is not only Surry County today, but also Wilkes Countyand Ashe County. Because squatters had no title to the land on whichthey lived, they were taxed then only as polls--white men between 16and 60.

Matthew Sparks reached the age of 21 in or about 1773, the year thathe moved to Surry County with his
parents and several siblings. Sometime during the next three or fouryears, he was married to a young woman whose first name was Eunice.Despite many years of searching, we have failed to find a clue toreveal her parentage or even her maiden name. Her nickname was "Nicy,"sometimes "Eunicy". It was in or about 1777 that her and Matthew'sfirst child was born, a daughter named Nancy. Another daughter namedMargaret, often called "Peggy," was born about 1779, and still anotherdaughter was born about 1781 named Sarah, usually called "Sally." Itwas not until in or about 1784 that their first son was born, namedJoel Sparks. This was the first use of the name Joel in this branch ofthe Sparks family--perhaps it may someday provide a clue regarding hismother.

In 1775, a portion of Capt. Cleveland's District was assigned to JohnHudspeth for tax purposes, and on his surviving list Matthew Sparkswas identified as "Juner" [i.e., Junior] to distinguish him from hisuncle of the same name. His father was identified as "William Sparks,Sener" and his older brother as "William Sparks, Juner." Living nearthem was Joseph Sparks, son of Solomon Sparks.

As was noted earlier, through a bill of sale Matthew's father hadsucceeded in transferring to Matthew the tract of land on which he hadsquatted in 1773 and on which he had built his gristmill. William T.Lewis had thus been prevented in making his claim for this tract basedon William Sparks having been a Loyalist. Matthew had then entered aclaim to this land. Fees were collected when a claim was approved: 16shillings paid to the Entry Taker; 30 shillings to the surveyor if thetract was under 300 acres; 5 shillings for making out and recordingthe patent (deed); 3 shillings to the secretary of the Governor forthe use of the Great Seal of the state on the patent; and 50 shillingsto the State Treasury for each 100 acres.

As noted earlier in this article, on March 8, 1779, Matthew Sparksentered a claim (#3788) for 200 acres of land on the top of BrushyMountain in Surry County. This was vacant land and Matthew's claim wasapproved promptly, with his payment of the usual fees. This landadjoined land obtained by William Sparks, Jr. On March 9, 1780,Matthew transferred the title to the tract to his father, and it wasthere that William and Ann Sparks lived out their years.

It was not until April 3, 1780, that the Great Seal was finally placedon the official grant to Matthew Sparks for his 200 acres. He promptlyarranged for it to be recorded by Surry County's Register of Deeds(Book B, pp.67-68). Because this is the record of Matthew's first landownership, we quote below the document in full. Because other landthat Matthew purchased and sold later will also be noted, perhaps aword regarding land measurement at that time would be in order.

As in all descriptions of land at that time, tracts were surveyed bythe "Metes and Bounds" system. The key measuring device was the"Chain" consisting of 100 "Links," each link measuring 7.92 incheslong. Thus the surveyor's chain was 66 feet in length. A "Pole," likethe rod, was 16.5 feet long. The term "Chain Carrier" was given to theboy or young man who assisted the surveyor. The survey under the Metesand Bounds system began at a known landmark, with the surveyorfollowing a line according to his compass-needle (or magnetic bearing)to the next landmark, although as seen in the survey of Matthew's 200acres, this could be a tree or a mere sapling, or the course of astream or ancient path or Indian trail.

The "Rectangular System of describing and dividing land was based onAstronomical Observation. It was
officially adopted by the U.S. Congress on May 7, 1785, to describeall new lands awarded to settlers by the U.S. Government. Under thissystem, all distances and bearings are measured from two lines whichare at right angles to each other, they being the Principal Meridiansrunning north and south, and the Base Lines which run east and west.

The patent received by Matthew Sparks for the 200 acres of land onwhich his father had squatted and erected his gristmill was recordedin a Surry County deed book as follows:

State of North Carolina. To all to whom these Presents shall come,Greeting. Know ye that we for
and in consideration of the sum of' fifty Shillings for every hundredacres hereby granted paid into
our Treasury by Matthew Sparks, have given and granted and by thesePresents do give and grant
to the said Matthew Sparks a Tract of Land containing Two Hundredacres lying and being in our
County of Surry, on the Waters of Hunting Creek beginning at ThomasYates N . W. corner Black
Oak, runnmg thence North Thirty seven Chains to a Pine, thence Eastfifty four Chains to a Pine,
thence South Thirty seven Chains to a Stake in Yates' Line, thence tothe Beginning as By the Plat
hereunto annexed doth appear; together with all Woods, Waters, Mines,Minerals, Hereditaments
and Appurtenances to the said Land belonging or appertaining; To holdto the said Matthew
Sparks, his heirs and Assigns forever. Yielding and paying to us suchsums of Money yearly, or
otherwise, as our General Assembly from time to Time may direct.Provided always that the said
Matthew Sparks shall cause this Grant to be registered in theRegister's Office of our sd. County of
Surry within Twelve Months from the Date hereof, otherwise the sameshall be void and of no Affect.
In Testimony whereof we have caused our Great Seal to be hereuntoaffixed. Witness Richard
Caswell, Esquire, our Governor, Captain General and Commander in Chiefat Kingston the third
Day of April in the fourth Year of our Independence, and in the Yearof our Lord one Thousand Seven
Hundred and Eighty. Recorded in the Secretary's office.

[signed Jno.Franck, Pro. Secy.
On the same date that Matthew Sparks's grant of 200 acres (April 3,1780), was issued, a grant of 200 acres adjoining the lower side ofMatthew's tract was made to Thomas Yates. Yates had entered his claim(#311) for this tract on July 24, 1778, which he had described aslocated "on the North Fork of Hunting Creek adjoining William Sparksand William Willcocks, including my improvement for complement." Thepatent for Yates's tract, also dated April 3, 1780, described asbeing:

... . on both sides of the North fork of Hunting Creek.. .beginning ata Pine, turning thence north
crossing the said Creek thirty-three chains to a black oak, thenceEast sixty chains and seventy links
to a black oak, thence East sixty chains and seventy links to a Stake,thence South crossing the said
Creek thirty-three chains to a stake, thence to the first beginning."

What is striking about this description of Yates's 200 acres is thatthe North Fork of Hunting Creek both entered his land on the west andleft it on the east, with no part of it passing through Matthew'stract. Recalling that his gristmill was on North Hunting Creek, thesurvey had determined that the Sparks Mill was actually on Yates land.This problem was solved five years later, on October 19, 1785, whenMatthew Sparks purchased the Yates land for "one hundred and fiftypounds current money of this state." (Surry County Deed Book L,p.179.) It was actually from William Yates of Rowan County, apparentlya son of Thomas Yates, that Matthew bought these 200 additionalacres.)

For the year 1782, the General Assembly of North Carolina ordered thatthe tax list for each county not only give the name of all propertyowners, but also their location within each tax district with thenumber of acres owned, and the number of their horses and cattle.Because no political divisions had been drawn other than designatedmilitia districts, "location" in Surry County meant the principalriver or stream drained by the land in question. Matthew's land wasdescribed as 400 acres in Capt. Wright's District although it was JohnE. Elsberry who prepared Wright's list. Matthew's location was givenas on "the Waters of Hunting Creek," and he was credited with 3 horsesand 6 cattle. It appears that he already was considered to be owner ofthe Yates tract, although the deed had not actually been drawn up.(This 1782 tax list was copied and published in 1974 by Beulah Scatesand others.)

It was on February 15, 1778, that an act passed earlier by the NorthCarolina General Assembly became
effective, creating a new county cut off from Surry to be calledWilkes. Not only did it include most of today's Wilkes County, butalso today's Ashe County and parts of Caldwell, Alexander, Watauga,and Alleghany Counties. The size of Surry County was thus greatlyreduced by this act, and the line between Wilkes and Surry now becamethe line forming the western border of Matthew Sparks's property,including that of Thomas Yates, within Surry County. In 1792, however,the General Assembly ordered that the line between Surry and WilkesCounties be re-drawn, resulting in many acres of Wilkes land beingreturned to Surry For the Sparks and Yates property this meant movingthe line six chains west, with some 42 acres now in "limbo."

The first census for the United States was taken in 1790. At thattime, presentday Yadkin County was still part of Surry (it wouldremain so until 1850), as was part of Alleghany County. Only theperson heading each household was actually listed by name on the 1790census; all household members, including the head, were thenenumerated in the following categories: the number of free white malesunder 16; the number of free white males 16 and over; the number offree white females of all ages; the number of other free persons; andthe number of slaves.

According to the 1790 census of North Carolina, Matthew Sparks was oneof 971 heads of households in Surry County, with 7,191 individuals inall. These 7,191 individuals were recorded in these five categories asfollows:

Free white males under 16: 1531
Free white males 16 and over: 1762
Free white females of all ages: 3183
All other free persons 17
Slaves: 698

Matthew Sparks, himself, was shown as the only male over 16 in hishousehold in 1790; there were 3 males 16 and under, and 4 females,including his wife. He owned no slaves. From other records, we cansurmise that the three males 16 and under were sons Joel, George, andMatthew, Jr. The sons named William D. and John were born after the1790 census was taken. The three women in his household besides hiswife, Eunice, were doubtless his daughters, Nancy, Margaret, andSarah. Assuming that the census taker recorded households in the orderthat he visited them, it would appear that in 1790 Matthew's nearneighbors in Surry County were: Zachariah Spurling, Isaac Stubbs,Joseph Scofield, Mary Hudspeth, James Chappel, Moses Swaim, JamesShaw, John Stephens, George Grace, and Jacob Dibold. On the WilkesCounty side of his land, Matthew's brother-in-law, William Willcockson(also spelled Wilcox, Wilcock, etc.), owned many acres of land, alsoon the North Hunting Creek adjoining Matthew.

Matthew Sparks's father, William Sparks, Sr., was shown on the 1790census with one male over 16 (himself, of course), also one male 16and younger, and two females. The male in the "16 and younger"category may have been Matthew's youngest brother, Jeremiah, althoughwe have assumed that Jeremiah would have been more nearly 18 in 1790than 16. Matthew's brothers, William, Jr., George, and Thomas, wereheads of their own households in 1790 near their father.

Without family letters or other personal papers with which to tell thestory of Matthew Sparks's life, we must rely on public records, suchas recorded deeds, probate records, and county court documents. InNorth Carolina's court system, that at the county level was called the"Court of Pleas and Quarter Sessions." A leading authority on localhistory in the state, Jo White Linn, has explained the function ofthis Court as follows:
The Court of Pleas and Quarter Sessions was the lowest court of recordin North Carolina. It met every
three months, and the minutes reflect the administration of localgovernment. Three Justices were required to be present for thetransaction of normal business. The minutes of this court reveal thenames of local office holders, jurors, road overseers, persons whoapplied for licenses to keep ferries, ordinaries, and public houses.Petition of all sorts appear. Deeds and bills of sale are eitheracknowledged by the grantors or proved by the subscribing witnesses.Stock brands and marks are registered. Wills are probated, settlementsof estates filed, guardians appointed for minor children,administrators appointed for persons dying intestate. There arerecords of oaths, bonds, inventories, divisions of estates, dissentsto wills, etc. The Court of Pleas and Quarter Sessions dealt withcivil suits involving less that $150 and criminal cases of a minornature for which there was no capital punishment.. . . The minutes ofthe Court of Pleas and Quarter Sessions are the researcher's mostimportant single source of information for genealogy and localhistory; the genealogical material they contain is invaluable. (Seethe Rowan County Register published by Ms. Linn, Vol.1, No.2, May1986, p.72.)

Although Surry County was formed from Rowan County in 1771, it was notuntil 1790 that the Surry Count "P's & Q's," as it was often called,began meeting within the county, and it was not until its session inMay 1791 that Matthew Sparks's name appears in the Court's minutes.One of the items recorded on May 9, 1791, was a list of the names of19 men who were ordered to be available to serve as members of "a juryto view and mark out a road the nearest and best way from WilkesCounty Line near Wilcocks Shop to George Lashes Ferry and from theretowards Salem until it intersects with Stokes County Line and makereport thereof to next court."

Matthew Sparks was one of the 19 men ordered to serve on this "roadjury.

The minutes of the Court meeting on August 10, 1791, contain thefollowing:

The jury app't to view a road report as follows, to wit, beginning atWilliam Wilcoxons on the Wilkes
Line and so passes by Airs Hudspeths and so into the Iron Work Roadnear where Phil Holcomb
formerly lived then along said road opposit to Capt Bruces then acrossat his ford on the north of
Deep Creek and into the Critchifeld Road at Grays Old Field then downthe same by Benjamin
Hudspeath's and so on across Forbis Creek to said Lashe's Ferry.

Upon acceptance of this report by the justices, its construction wasdivided into six sections, each section to be supervised by a manliving near it. The first was assigned to Matthew Sparks as follows:

Matthew Sparks is app't overseer of the new road already laid out fromWilcoxon's Shop to Lashes'
Ferry, [Sparks] to begin at the said shop [and go as far as] toWoolridges Old Place, the hands
convenient [to] work thereon.

Another action taken by the Surry County Court during its August 1791session pertaining to Matthew Sparks was his being sworn as one of thecounty's citizens to be available to serve on a jury in the followingterm to hear cases brought before the Court. There was still anotherCourt decision made during the August 1791 term affecting Matthewwhich is difficult to interpret. In the Court's minutes it readssimply: "Matthew Sparks is released from the payment of a poll tax forthe future." After 1778, men over 60 years of age were no longer taxedas polls, but Matthew could not have been more than 40 in 1791. (In1801, however, the age limit was reduced to age 50 and in 1817 to 45.)On all Surry County tax lists during the remainder of his life,Matthew Sparks was shown as not having to pay the poll tax. A possibleexplanation for its taking effect in 1791 could be that, somehow, hehad become disabled and had requested to be excused from this tax.Further credence may be added to the possibility, that some physicalmisfortune had befallen Matthew, is the fact that it was not until theMay 1801 meeting of the Surry County Court that any additional servicehad been asked of him for a decade. On May 14, 1801, however, he wasnamed as one of 30 men in the county who were to make themselvesavailable for jury duty at the August Court session of 1801, and,indeed, he did so serve.

On January 27, 1795, Matthew Sparks entered a claim for 350 acres ofvacant land adjoining his own 400 acres on the North Fork of HuntingCreek. It seems odd that such a tract was still unclaimed from thestate in 1795, but there were also other tracts in the county stillbeing claimed then. While there is no record of anyone disputingMatthew's claim, it was not until December 3, 1800, that a patent wasissued to him bearing the state's Great Seal. A possible complicatingfactor causing a delay in his patent being granted was that his claimincluded the strip of land, six chains wide and 70 chains long betweenhis own land and the Wilkes County line. As noted earlier, the 1778revision of the boundary line between Wilkes and Surry Counties hadleft this strip unclaimed. Because of the peculiar shape of this 1800grant in relationship to Matthew's other land, a description of hisentire plantation at this time appears on the following page.

Matthew must have been quite confident in 1797 that he would receivethe patent for this 350-acre tract
because in May 1797, he sold for 20 pounds the southeast corner of it(100 acres) to his son-in-law, Alexander Smith. (Deed Book G, pp.81-82) Matthew and Eunice's eldest daughter, Nancy Sparks, had beenmarried to Alexander Smith in Surry County in 1796--their marriagebond was dated July 22, 1796, with Joseph Smith as their bondsman.There is evidence that Joseph Smith was a brother of Alexander.

A sketch of the land (750 acres) once owned by Matthew Sparks in SurryCounty, North Carolina (now within Buck Shoals Township in YadkinCounty) is shown below. The description of his 350-acre grant in 1800(Surry County Deed Book 1, p.437) was as follows: "...lying andbeing.. on the North fork of Huriting Creek, beginning at a black Jackthe Northwest corner of said Sparks' former survey, runs South seventychains to a Stake, thence East sixty chains to a pine on Smith's line,South on the same forty six chains to a pine on Henry Speers' line,West on the same sixty six chains to a stake in the Wilkes Countyline, North on the same one hundred and sixteen chains to a stake,thence East to the beginning."

It was also in May 1797 that Joseph Smith sold to Alexander Smith,son-in-law of Matthew and Eunice Sparks, a portion (130 acres) of theland that he owned on the east side of the 100 acres that Matthew hadsold to Alexander. (Deed Book G, pp.116 -17)

The U.S. Constitution requires that there be a national census takenevery ten years, so in 1800 the nation's second census was taken. Theage categories for the members of each household in 1800 were extendedto provide five categories for while males and females, with slavessimply counted. These categories were: Under 10; 10 & under 16; 16 &under 26; 26 & under 45; and 45 & upwards. Matthew and Eunice wereenumerated in the "45 & upwards" category, of course. Only one otherfemale was enumerated, as "16 & under 26," whom we can be certain wasthe daughter Sarah, whose marriage to Henry Bray would occur in May1803. We cannot be certain of the identity of the six young males inthe Sparks household, however; three were under 10 years while theother three were within the 10 to 16 category. Matthew and Eunice'ssons named William D. Sparks and John Sparks were probably among themales under 10, but only their son Matthew Sparks, Jr. would seem tofit in the 10 to 16 group. They may have been sons who died young ofwhom we have no record, or they may have been orphaned relatives orneighbors whom Matthew and Eunice had taken as apprentices to learnthe miller's trade. Matthew was also shown as owning one slave in1800.

The second daughter of Matthew and Eunice, Margaret ("Peggy"), hadbeen married to William West in
1799--their marriage bond was dated January 4, 1799, with Joseph Smithserving as bondsman. On November 3, 1806, Matthew Sparks purchasedfrom his son-in-law, William West, for 200 pounds, "good and lawfulmoney of the state," a 200-acre tract of land described as "beginningat a white oak corner on Hicks old line..." (Book L, p.240) This landadjoined on the east the 200-acre tract that Matthew had been grantedin 1780. It was probably as a personal favor to his son-in-law thatMatthew bought this tract, for on July 6, 1810, he sold 170 acres ofit back to West for $204. (Book N, p.80) William West's financialproblems continued, however, and following a lawsuit involving a debtthat he owed in November 1815, the Surry County Sheriff John Wrightwas directed by the Court to seize West's 170 acres to be sold atpublic auction to pay this debt. According to Surry County Deed BookN, pp.322-33, Matthew Sparks was the highest bidder at the auction,and for $95.31 he again became the owner of this tract of land. Thiswas a remarkably small price; we may wonder whether other bidderscurbed their bids to permit Matthew to buy it for no more than theamount of West's debt. Matthew did not return it to his son-in-law,however; on May 7, 1817, he sold it to a neighbor named Philip Holcombfor $1,000. (Book 7, p.93) West's financial problems appear to havecontinued through apparent mismanagement as will be noted in thewording of Matthew's will in 1819.

[This article is continued under notes for their daughter NancySparks.]

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!NOTES:
It is possible that she was Henrietta Neale. in Book 35 p 116 of
records of St. Mary's County, Henry Neale refers in his will to his
daughter Henrietta Ford. His will was probated 9 Feb 1767. He also
names his son Wilfred Neale of Charles County, and dau Mary Roach plus
a son Henry Neale. Basil Payne Jr. married a Neale.