Notwithstanding the declaration by Virginia's first representative legislative Assembly in session at Jamestown, 30 July 1619, that "in a new plantation it is not known which be the most necessary, man or woman," the plantation representatives saw fit to extend to the married women only one benefit for having come to the colony, and that was the continuation of the bonus of fifty acres of land in control of their husbands. A married woman in the Colony had no title [whatsoever] to possessions during her husband's lifetime. She could not hold land in her name; any bequest from the estate of her parents became her husband's property, and the receipt of it was acknowledged in Court by him. Colonel Joseph Bridger sought through terms in his will, dated 1683, to prevent the husband of his daughter Martha from coming into possession of her inheritance, stipulating that his bequest to her was for her sole use and, should her husband desire to dispose of it, then, the inheritance should not come into his hands but should remain under control of the executrix. Nevertheless, Thomas Godwin signed a receipt for his wife's portion, according to law, and despite the Colonel's last wishes, it became his sole possession.
If a woman married a second or third time, land and possessions held in her name, during her widowhood, immediately became the property of the next husband. For that reason, women, on contemplating a second marriage, and wishing the children by a former husband to have the benefit of their father's holdings, either gave them title to the possessions, just prior to the intended marriage, or exacted from the prospective husband an agreement to give the child or children possession of their rightful inheritance, upon arriving at age. This agreement was duly recorded in the court records.
Now and then, a marriage agreement was so drawn, that the prospective husband's plantation was assured to his intended bride and her heirs, and could therefore never come into possession of a second wife or her heirs. A most careful legal maneuvering to this end is recorded in a marriage agreement, 1652, between Frances Culpeper and Captain Samuel Stephens. On the eve of marriage, the intended groom conveyed his 1350 acre plantation, "Bolthrope" on the Warwick River, in trust to Warham Horsmanden and George Hunt, who then according to agreement, reconveyed the land to Stephens during his lifetime. At his death, according to the terms stipulated, Frances (Culpeper) Stephens his wife came into sole possession.
About the same time, 1651, John Chew of York County, was able to have drawn a less exacting contract on the eve of his second marriage. While he agreed to give, to his prospective bride Mrs. Rachel Constable, the plantation upon which he then lived, a provision was inserted that should she predecease him without heirs, the contract was void. A marriage contract drawn, 1667, between John Savage of the Eastern Shore and his intended second wife Mary Robins, stipulated that his "home plantation at the bottom of the neck" should go to her heirs.
As stated, provision for children of a first husband were often a part of the marriage agreement. Mrs. Sarah Fleete exacted from Colonel John Walker, before the nuptials, a pledge that he would give to her daughter by a first marriage, 400 pounds of lawful money of England within the expiration of six months, or at Mary Burden's arrival at the age of sixteen years. When Mrs. Elizabeth Sheppard of Surry County agreed to a marriage with Thomas Warren, the contract, duly recorded, was very specific. Warren was to have full control of her first husband's estate, with certain exceptions of livestock to be given to Mrs. Sheppard's children. Her stepchildren, as provided in the contract, were to have their full inheritances left them by their father.
Mrs. Elizabeth Mihill, widow of Edward Mihill of New Poquoson (later Charles) Parish, was much less generous with her prospective bridegroom in a contract drawn, 1661. Being about to marry William Hay, Gentleman, of the same Parish, Mrs. Mihill placed everything she owned in the hands of her kin, forever barring the third husband from coming into possession of the holdings of the two prior spouses. She deeded to her son Robert Sheild, by her first husband, all the land and buildings left to her by her second husband, and further directed that should her son leave no heirs, then, her brother Arthur Bray of London should have the estate. The only concession which she made to her prospective third husband was an agreement that he should have one acre of land, but the condition of this gift was that he grind for her son Robert, toll free, 100 bushels weekly, and allow her son also the use of the timber on the land. In addition, she gave her cattle and a servant to her son, and assigned gifts of her possessions to other relatives. To these unusual terms, William Hay, evidently an ardent suitor in pursuit of the widow, agreed, and upon her marriage to him shortly thereafter, he dutifully came into Court and acknowledged his assent to the terms of the settlement.
As the death rate in Virginia in the seventeenth century was high, remarriages were frequent, both on the part of the men and the women. Colonel Thomas Swann of Surry County had five wives as did Major Joseph Croshaw of York County. Women frequently married three or four times. Upon the decease of their husbands, they often found themselves in possession of large isolated plantations. Often, there were indentured white servants, some negroes, and generally a number of children under age. How to manage alone, and thus encumbered, was the problem, and they solved it frequently by marrying shortly a neighbor. He, probably a widower, took charge of the first husband's holdings, settled the involved estate, and gave much needed protection to the woman in a sparsely settled area. This was the case with Mrs. Elizabeth Hansford of York County, who, at the death of her husband, faced the task of managing a plantation, seeing to cultivation of the land, disposing of his maritime interests, and at the same time, seeing to the interests of seven children. Overwhelmed with possessions, and already having her hands full with her domestic affairs, she knew not where to turn for a solution except to a second husband. Ere long, she married the York County merchant Edward Lockey, who at once began the settlement of her late husband's estate, entering an inventory in York County Court records, 1667.
In the very early period of the colony, the grief of the widow was of short duration, for a suitor usually stood at her doorstep almost as the funeral procession ended. The most generally known, of such incidents, was the pursuit of Cicely Jordan, upon the death of her husband Samuel. Within two days Reverend Greville Pooley pressed his suit. The widow tentatively agreeing, but evidently pregnant with the unborn child of her deceased husband, insisted that she would marry no man until she was "delivered." In the meantime, William Farrar, named administrator of her deceased husband's estate, also pressed his suit and gained favor; whereupon, the cleric entered in the Court a suit for breach of promise. The contest over the widow finally was referred to the authorities in London, who declined to pass upon "so delicate a matter." Mr. Pooley, probably then finding his cause hopeless, withdrew his case in Court, and by 1625, the charming widow had married William Farrar.
Custom frowned upon the ladies of the seventeenth century going into Court. While the law required that they sign or give assent to their husbands' deeds for sale of land or property, when the time arrived that the deed must be acknowledged in Court, the wife requested some male friend to represent her and acknowledge the deed. Mrs. Elizabeth Sheppard, in 1654, wrote a note asking her "dear brother Cockerham" to represent her in Court. The same year, Daniel Llewellyn acknowledged a deed in Charles City Court, for his stepdaughters Sara Woodward and Anne Gundry.
[ Notwithstanding] the limitations put upon women of the seventeenth century, both by custom and by law, their husbands evidently had complete confidence in their discretion and their abilities to direct wisely the disposition of estates, which came into their hands. Their business experience was confined to household management and plantation activities, but these were enterprises of no mean proportions, and the successful handling of such matters by the women impelled the men, very frequently, to name in their wills their wives as executrices. At the same time, overseers were also named to assist in handling the details. Colonel Bridger named his wife Hester as executrix to dispose of his large landed estate and his extensive mercantile business, but directed that her brother and their mutual friend Arthur Smith assist her, which they did very ably.