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Notes for FRANCIS FOY:

The name of this ancestor of Amos Simmons Foy is found in THE HERITAGE OF ONSLOW COUNTY NORTH CAROLINA (Book 975.600), Article #191 by Roger Kammerer.  Subsequent articles #192 " James Foy Sr", #193 "Enoch Foy",#194 "Frederick Foy" (of Onslow County, not Jones County), #195" Joshua Foy", #196 "Morris Foy" and #530 "Mumford Family" also provide some of the data regarding those persons between Francis Foy and Amos Simmons Foy.Article # 191 states:

"Francis Foy, a native of Normandy, France ...was a French Hugenot who travelled from France to England to escape persecution. He was married in Yorkshire, England to Serena Miles.  Francis Foy indentured himself to gain passage to America, settling in  Baltimore County, Maryland about 1673. Their known children were: Mary Foy, Peter Foy, Miles Foy (1675- 1751), Joshua Foy  Thomas Foy, Sr. "

The documentation on the existance and facts pertaining to Francis are far from certain
 

THE CASE FOR AND AGAINST FRANCIS FOY
The FOY descendants who are monitoring this FOY Web Site are dedicated to the effort of collecting and publishing credible data regarding their ancestors, the FOYS. Therefore, any data submitted regarding the FOYs will be carefully examined as to its source and verification before it is made a part of any published material.

All who have engaged in genealogical research are aware that genealogy is not an exact science and without casting aspersions on any individual or group it will suffice to say that the spectrum of genealogical facts runs from provable to totally fictitious. In some respects genealogy is like religion; many points can not be proven but must be taken on faith and there are degrees of faith. Some are convinced alleged data is a fact if that data fits their theory of what was. We all have theories. The notion that FRANCIS FOY was the, first FOY in our ancestry to come to the new world in the 1600s is, at best, a theory.

Many FOY researchers have run across the name FRANCIS FOY. The popular belief is that FRANCIS FOY, or his immediate family, fled Normandy France during the Huguenot persecution and traveled to Yorkshire, England. There FRANCIS married SERENA MILES and together they came to the New World where they had several children, one of whom was named THOMAS. THOMAS moved from Baltimore County Maryland to North Carolina. He raised several sons in that region. Most of us can trace our roots to one of those sons.

But, where is the name FRANCIS found in FOY research? What is the case for or against the existence of FRANCIS. Certainly THOMAS had to have a father and a mother but were they FRANCIS FOY and SERENA MILES?

Concerning early FOY beliefs regarding the first FOY to America, a genealogist researching the FOYs will run across a letter written February 3, 1891 by FRANKLIN FOY to CLAUDIUS E. FOY. (The existence of each of these FOYs and their descendants can be established.) FRANKLIN tells CLAUDIUS in this letter:
  "I thought to have complied with your request before this but have been in bed with LaGrippe, and did not get the idea from your letter that you wanted it right away, and knowing it to be a matter that could not be written up in a hurry, I have been a little careless perhaps, which I hope will not give you any trouble and that you will excuse me with apology and I will give you the facts as I have received them.

"Our ancestor, JOHN FOY, came to this country from France during the persecution of the Huguenots, and it seems he came alone, so far as we know, of the name, which is a matter of history - but in company with others fleeing for the same cause. Among the families that came over was a family by the name of MILES, who settled in Maryland. He, JOHN FOY, came down here and settled on Rocky Run and went back to Maryland and married MISS SERENA MILES who came from France with him. They came and lived just up the hill to the left of the road coming this way from New Bern, where they raised a large family of children, five boys, I think there were, they died and were buried under a bunch of cedars near the main roads. Among the boys names were PETER, THOMAS, JACOB, FREDERICK and JAMES. The last named was my grandfather, who settled on New River, Onslow County, NC, a place called Sugar Maple. He married, as well I recollect, a MISS WARD by whom he raised JOSHUA, FREDERICK, ENOCH, MORRIS, LOUIS, PETER, JOSEPH,, JAMES and two daughters, ELIZABETH and SERENA. ENOCH was my father.

"Grandfather JAMES FOY served in the Revolution and was in the battle at Moore's Creek. I have heard it said that it was he who shot and killed the British Of ficer whose death caused the Americans to gain the battle."
Note there is no mention of FRANCIS FOY. According to FRANKLIN FOY, JOHN FOY was the FOY who came to the New World from France and married SERENA MILES. Where did FRANKLIN get his information? We do not know.

Later, in a letter of his own, CLAUDIUS FOY writes to another FOY relative, and says he believes the first FOY to come to America from England was THOMAS FOY. He either did not believe FRANKLIN was correct or had found some information to refute what FRANKLIN believed to be true.

AMOS SIMMONS FOY. the son of FREDERICK FOY, JR, recorded in his family's Bible:
  "My great grandfather was from France, he married an English lady in Yorkshire, England. He was the one who settled, what is termed, the French Huguenot settlement on Trent River, North Carolina. His location was at Rocky Run, two and half miles from New Bern, in that state, hard by which place I was born."

NANCY FOY ARCHER, a descendant of AMOS and one of the contributing researchers in this effort, has that Bible in her possession.

There are other versions found in FOY letters regarding who came from where first. Most versions mention France and the Huguenots, passing through England, etc. One version claims there were actually three brothers named JAMES, JOHN, and FREDERICK (no FRANCIS) that came to America from France. This claim says the mother of these three boys had the maiden name MILES. The father's name is not mentioned.

Now, how and where did the name FRANCIS come into FOY history? There is no mention of him in any of the FOY's early writings.

In a 1983 a publication called The Heritage of Onslow County (North Carolina), which has short biographies of individuals and families who lived in Onslow County, there is a write up by ROGER KAMMERER about FRANCIS FOY on page 145. KAMMERER wrote about several of the FOYs from that area and apparently had a great deal of information about them. He cites as his references family notes, Craven County deed books, Craven County court minutes and Records of Jones County, by Zae Hargett Gwynn.

KRAMMERER says about FRANCIS FOY:   "FRANCES FOY, a native of Normandy, was the direct ancestor of the Onslow County FOYS. FRANCIS FOY was a French Huguenot who traveled from France to England to escape persecution. He was married in Yorkshire, England, to SERENA MILES. FRANCIS FOY indentured himself to gain passage to America, settling in Baltimore County, Maryland about 1673. Their known children were: MARY FOY, PETER FOY, MILES FOY (1675-1751), JOSHUA FOY and THOMAS FOY, SR."

From where did KRAMMERER get his information about FRANCIS? Consider this: In 1935 BYRON CECIL FOY, who was born in Texas and who married THELMA IRENE CHRYSLER, the daughter of WALTER P. CHRYSLER, head of the Chrysler Automobile company, commissioned the Research Department of the American Historical Society (AHS) in New York to do some research on the FOYS. Segments of that research report, published in 1938, appear in most every research project on the FOYs in existence. Portions of it appear in probably the most famous and complete work on the FOYS, that of MARY B. JACOBS.

The AHS report claims one of the first Maryland State records containing the name FOY is a record in the Maryland Assembly, 1682 sessions, wherein it is ordered paid "To FRANCIS FOYE ten pounds of tobacco" (tobacco then being commonly used as currency). The report continues in its discussion about other records mentioning the name FRANCIS. However, it points out there is a problem with that name in that there is a masculine and a feminine spelling; i.e. FRANCIS (masculine) and FRANCES (feminine). In many of the records it is clear the spellings have been confused. Some, or all of the records cited could have referred to a woman named FRANCES who was married to several men, one of whom was a MILES FOY.

The AHS report states, after mentioning the above noted FOY family traditions, the obscure records in Maryland and the problem involving the spelling of FRANCIS: "It is quite possible that the original FOY settler in Maryland was FRANCIS, and it was he who married a MISS MILES and they were the parents of MILES FOY."

That's it. That's their theory without further documentation. That is the first and only mention of the name FRANCIS as the possible first FOY in America we have found so far. There were and are other references in early records to the name FRANCIS FOY, mostly military records, but none connect that name to the established FOY line which begins with THOMAS FOY. Those who have done extensive research regarding the early FOYs have found other problems in the AHS manuscript which will not be addressed here.

Now, I want to tell you a personal story about researching the name FRANCIS FOY in England. Every once in a while a researcher will run across totally fictitious records. It happened to me.

Being naive about genealogical research and not being satisfied with the quality of records I was finding regarding the early FOYs in the United States, I decided I would do something other FOY researchers had not done.

In a major genealogical magazine, EVERTON'S GENEALOGICAL HELPER, I found an ad for a genealogical researcher in Yorkshire, England. I corresponded with this member of the Association of Genealogist and Record Agents in England about the FOYs and he immediately went to work. This individual had vast experience and references. Almost immediately he found a record in the International Genealogical Index (IGI) for Yorkshire, England which referenced SERENA MILES and FRANCIS FOY. This record indicated SERENA MILES (born about 1648) and FRANCIS FOY had been married in Yorkshire in 1669.

The mystery of FRANCIS FOY was solved, RIGHT? - WRONG.

Encouraged and happy my researcher continued his search and, as far as I am concerned did an excellent and thorough job of it. But, he found nothing. Nothing in any other record in that and surrounding counties regarding FRANCIS FOY and SERENA MILES; lots of FOYs but no FRANCIS or SERENA.

Now, the English are nice people but they do not work for free just as we do not and this search was costing me hundreds of dollars. So, I asked him to go back to the entry he had found in the IGI and track down its origin. He did. It turns out the entry he had found in the official English IGI record was made in 1992, not from records of the 1600s. My researcher obtained the reference numbers SGEOR, batch F509580, Sheet 14, Source 1553416 and sent it to me.

For those of you who do not recognize those reference numbers, those are reference numbers for microfilm records in the Mormon Genealogical Library in Salt Lake City, Utah. I sent for those records and received thirty eight pages of incomplete, inconsistent and inaccurate data regarding FOYs and their alleged descendants beginning in England in the 1600s and ending in the 1900s in North Carolina.

I contacted the person who had sent those records to the Mormon Library and she admitted she had personally entered the FRANCES/SERENA data into the IGI record in England as a part of a religious ordinance record keeping system regarding her relatives. She had obtained the information from a relative in North Carolina. No documentation, no sources; another dead end for FRANCIS.

I once had a physics professor who cited an interesting example of perpetual motion; a self sucking cow. Think on that a while.

Like that cow we went full circle in our search for fact. We went from a theory by the AHS that FRANCIS FOY married SERENA MILES in Yorkshire, England and came to America to an official record in England that such a marriage took place to the fact that the information used to establish that English record actually came from the AHS theory we started with in the beginning.

I am confident there are errors and incomplete and inaccurate information in data on my FOY relatives I have collected over the years. However, we have made and intend to make every effort to include only verifiable information in this FOY data base.

With that in mind it may be decided to include FRANCIS and SERENA in this FOY data base simply because they are a possibility and do fit one theory of the identity of THOMAS FOY's parents and many researchers have run across those names. However, there is no record of them in old FOY documents and no proof or record yet found that they even existed.

Such is the case for and against FRANCIS FOY. The jury is still out. Perhaps somewhere someone has more evidence.

Submitted by Dick Miller
November, 1998

John Foy, born Jan 18, 1725/26 in St. John's Parish, Baltimore, MD; died Abt. 1791 in Craven Co., NC.
(According to Julia Pollock Hariett, History and Genealogy of Jones County, NC, New Bern, NC, 1987 John died about 1781)

Thomas Foy, born Abt. 1729 in Baltimore Co., MD; died 1789 in Jones Co., NC.

James Foy, born Bet. 1732 & 37 in Baltimore Co, MD; died Nov 11, 1822 in Onslow Co., NC; married Elizabeth Ward 1771.

Jacob Foy, born Abt. 1733 in Baltimore Co., MD; died Feb 1786 in Jones Co., NC; married Elizabeth Simmons Abt. 1766 in Jones Co., NC.

Frederick Foy, born Abt. 1740 or 1750; married Alice Fulford May 26, 1801 in Craven Co., NC, d. December 07, 1815, Craven Co., NC.

Some sources for THOMAS FOY:

Mary Louise Marshall Hutton, comp, Seventeenth Century Colonial Ancestors of Members of the National Society Colonial Dames XVII Century 1915 - 1975, Genealogical Publishing Co., Inc., 1983.

Baltimore County Families 1659 - 1759:
FOY, THOMAS, m. Reb(ecca) (.....); in Nov 1748 as Thomas Foy or Fowey
(i.e Thomas Foy married Rebecca Unknown in Nov, 1748. Surname may have been spelled Fowey
conv. 100 a. Tracey's Park to George Haile;
(i.e. Thomas Foy conveyed 100 acres of Tracey's Park to George Haile.)
had iss: JOHN, b. 18 Jan 1726.
(i.e. Had a son named John on Jan 18, 1726.)

Miles Foy, b. 1675, MD; d. 1751, Baltimore Co., MD; 0 (Source: Robert Barnes, Baltimore County Families 1659 - 1759.); m. FRANCES, October 27, 1736, Baltimore Co., MD; Quality: 0 (Source: Robert Barnes, Baltimore County Marriage Records 1659-1746, Special Publication #1; Baltimore County Genealogical Society, April 1986.).

Notes for MILES FOY:

Miles Foy remained in Maryland. His will was probated in Baltimore County, MD in 1751. Source: Baltimore County Families 1659 - 1759. Miles made an antenuptial contract dated 4 Oct 1728 with his wife, Frances, widow of Hugh Grant.

FOY, MILES was in Balto. Co. by Oct. 1728; d. by 27 Dec 1751; on 4 Oct 1728 signed an antenuptial contract with Frances, relict of Hugh Grant; Frances was b. c.1676, giving her age as 60 in 1736 and stating she had been in the county for 36 years or more; she had first married Daniel Johnson, and 2nd Hugh Grant; in 1750 Miles owned 147 a.Eightrop; his will 18 Nov 1751 directed he was to be buried at the Roman Chapel, named w. Frances (to have 150 a. Eightrop), sis. Mary Foy, Winifred Sullivan and Daniel Sullivan.; admin. bond was posted 27 Dec 1751 by Daniel Sullivan with Robert Briarly and Thomas Hallam (13:91; 71:317; 112:412; 153; 224:238)
 
 
 

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Will of Miles Foy

ca. 1675 - 1751/52
 

  In the name of the father and of the son and of the holy Ghost Amen. I Miles Foy of Baltimore County Planter and Coomer by the Will of God taken sick and Weak in Body but in perfect Sound Memory and Common sence under the protection of Jesus Christ I Justly make this my last Will and Testament in Manner and form as followeth and desires it may be truly taken so and Recorded in Law firstly I humbly Bequeath my Soul to God that gave it and to Jesus Christ that redeem'd it and to the Holy Ghost that sanctified it next my Body I desire to be buryed Christianlike Manner at the Roman Chapple under the Care and Conduct of my heire and executor hereafter Mentioned and after my funeral charges is paid I give and Bequeath as followeth.

2ly. I doe give and leave unto my beloved Wife Frances Foy one hundred and fifty Acres of Land called Eigtropp close upon Suskahanna in Baltimore County during her Natural Life and then the above Mentioned Track of Land to be peacebly left and given unto my Right heire and sister Meary Foy her heirs or Assigns if she or they will ever claim Right or title to the said Land if otherwise it Justly and must be left to Winifred Sullivan her heris or Assigns forEver and Ever. 3ly. I freely give and leave unto the said Winifred Sullivan her heirs or Assigns a Bay Mare saddle and Bridel of mine called Fenix a cow called Mad'm. and two stears clear of all charges. 4ly. I give and leave unto Daniel Sullivan his heirs or Assigns the number of hoggs belonging to me clear of all manner of persons as also my own cloaths or any other necessaries belonging to me fully I give and leave unto the said Daniel Sullivan the two years Rent he was liable to pay unto me Yearly out of the above Tract of Land and no Manner of person must mollest or hinder the above mentioned Sullivan till his Lease is expired as here mentioned and confirmed I chuse the said Daniel Sullivan to be my Executor of this my last Will and Testament Written in the Year of Our Lord God one thousand seven hundred and fifty one In Wittness whereof I have hereunto set my had this Eighteen day of November 1751.

Miles X Foy (Seal)
his mark
 

Witness present -
John Scarlett; Jno. Beard; Robert X Ellet
his mark

On the back of the foregoing Will was thus Written Vizt. December 9, 1751. Jno. Scarlett, Jno. Beard and Robert Elliott three of the subscribing Witnesses to the foregoing Will begin duly and Solemnly Sworn on the holy Evangelist of Almighty God depose and say that they all saw Testator Miles Foy sign the foregoing Will Jno. Beard and Robert Elliott heard him publish and declare the same to be his last Will and Testament that at the time of his so doing he was to the best of their apprehension of sound and disposing Mind and Memory and they Subscribed their Respective Names as Witnesses to the said Will in the presence of the said Testator and at his Request.

Sworn before Young-D'Comry of Baltimore County 

JOSHUA FOY,  b. Baltimore Co., MD; d. Aft. 1779, probably Jones Co., NC.

Notes for JOSHUA FOY:

A deed abstract dated 19 May 1763 for Craven County refers to Joshua Foy's Creek at the confluence of Squirrel Branch and Mill Creek.

The RECORDS OF CRAVEN COUNTY NORTH CAROLINA by Elizabeth Moore, Vol 1, 929.3 N8CR:

"1763, May 19. John Granade conveys to John Sanderson, land containing 60 acres, at Mill Creek, at the mouth of Squirrel Branch, near Joshua Foy's Creek. (Edward Whitty and William Griffith, witnesses.) B.3/183"

This property was located in Jones County. Joshua was an established landowner by 1763. He probably moved from Maryland to North Carolina at the same time his brother Thomas did in 1749. The North Carolina State Records called TAXABLE PROPERTY OF 1779 listed Joshua as living in Jones County and being taxed the sum of 5218 pounds for 200 acres in Jones Co., and 100 acres in Craven Co. His nephew Thomas was taxed 17395 pounds; his nephew Jacob, 4617 pounds; his nephew Frederick, 738 pounds. There is also listed a William Foy who was taxed 1753 pounds. William could have been a son of Joshua.

JOHN FOY, b. January 18, 1725/26, St John's Parish, Baltimore, MD; d. Abt. 1781, Craven Co., NC; 0 (Source: Julia Pollock Hariett, History and Genealogy of Jones County, NC, New Bern, NC, 1987.). Some sources say he died about 1791.

Notes for JOHN FOY:
In Jones County in 1781 under "Special Proceeding" in the Clerk's office there is a Division of John Foy, dec'd property (after 1779 this land was in Jones county instead of Craven county) to the following heirs ....
Book 929.37527 P3715, St John's and St George's Parish Registers, Baltimore & Harford County, Maryland, 1696-1851, by Henry C Peden Jr., records his birthdate & parentage.
The CROWN PATENT BOOK 20, page 622: John Foy 24 Dec 1770 16 acres in Craven on north side of Trent, adjoining Thomas Murphey, Daniel Simmons, John Stanaland, Pollack's line. . . .

Notes for THOMAS FOY:
        Thomas's will was drawn 8 Jan 1788 and probated in the Dec 1789 court term. It is recorded in Jones Co., NC Will Book, Vol A, page 85.(See Below)
        CROWN PATENT BOOK 20, page 600: Thomas Foy 11 Dec 1770. 50 acres in Craven on the south side of the Trent in the fork of Mill Creek, joining Thomas Pollock . . .Joseph Sanderson.
 

Will of Thomas Foy ca 1729 - 1788/89

  In the name of God Amen. -

I Thomas Foy of Jones County and State of North Carolina being Sick & Weak of Body though of sound & disposing Mind Memory & Understanding & calling to Mind the uncertainty of this Life do Make Publish & declare My last Will & Testament in Manner & form following (To Wit)

I give and Bequeath unto my well Beloved Wife Elizabeth all the Cattle that was her Property before our Marriage also a Mare & Young Horse & one Horse Called Jack which were her property & Two others namely Brag and Ribband, also one Hundred Pounds in paper Currency & Twenty Barrels of Corn at the Plantation up Trent Together with all the Beds &c. & other Furniture which was her property at our Marriage and one other Bed Sheets Two Blankets & a rug. also Seventy Barrels of Corn where I now live & all my Meat but Three Hundred Weight. also four Sows & Pigs and one Third of my Sheep also one Third part of Plantation Utensils, and her Riding Articles of all kinds, All which I Give to her my sd Wife her Assigns for ever.

Item. I Lend to my Said Well Beloved Wife Elizabeth The part of the Plantation I now live on on the side of the Road Next my Present dwelling the sd Road to be the line during the Term of Ten Years or her Natural Life. - likewise I lend to my sd Wife Negroes Sam & Sarah also Sambo & Todge & his wife Eve, to have to her use & Benefit during her Natural life.

Item. I Give & Bequeath to my Brother James Foy the Negroes following Namely Joe Jacob & Ned, also Sall & her children Viz: Anthony & Cato, Sue & her children Viz: Dick & Sarah, Mull & her children Viz: Primus Jude and Ceasar, Ruth & her children Viz: George Miriam Joe & Charles, also Robin, Moll & Rana To him his Heirs & Assigns for ever -

Item. All the Residue of my Estate of any Nature or kind whatsoever Not hereafter excepted I Will & desire that it be equally divided between my Brothers James & Frederick Real as well as personal and such division I give to each of them their Heirs & Assigns for ever. -

Item. I Give to my Nephew Frederick Foy Son of Jacob Foy one Hundred Pounds to be paid him in five Years from this date out of my Estate in general.-

Item. It is my Will & desire that old Robin & his wife Sue be and remain free from Slavery ever hereafter.-
Lastly I do Nominate Constiture & Appoint my Brothers James & Frederick Foy Excutors of this my last Will & Testament hereby revoking all former Wills by me Made. In witness Whereof he the said Thomas Foy hath hereunto set his Hand & Seal this Eighth day of January in the Year 1788.

    Thos Foy (Seal)
Witnesses: Jesse Sanderson
Edw Whitty
Elizabeth Simmons
 

State of North Carolina
Jones County Court December Term 1789

There was the aforegoing will and testament of Thomas Foy, dec'd. duly proved in open Court by the oath of Jesse Sanderson and Edward Whitty two of the subscribing witnesses and ordered to be recorded. At the same time James Foy and Frederick Foy the Executors herein named qualified as such agreeable to Law.

Ordered that letter testamentary issues accordingly.
    Attest Lew Bryan, C.C.

 James Foy, born around 1735 in Baltimore Co., MD; died Nov 11, 1822 in Onslow Co., NC. He was the son of Thomas Foy and Rebecca Puttee.
James married two different women both named Elizabeth Ward. He married (1) ELIZABETH WARD Abt. 1760 in Craven Co., NC. He married (2) ELIZABETH WARD Abt. 1771 in NC.

Child of James Foy and Elizabeth Ward daughter of Richard Ward is:
Elizabeth Foy, born Bef. 1766 in Craven Co., NC; died Mar 23, 1787 (another source says she gave birth to Edward Mumford Oct 22, 1789); married Lewis Mumford Sep 10, 1783. (another sources says their marriage was Dec 23, 1788)

James married Elizabeth Ward, the daughter of Enoch Ward, in 1771. Their children include:
James Foy, born 1772 in Onslow Co., NC; died Mar 14, 1823 in New Topsail Sound, New Hanover Co., NC; married Henrietta Rhodes Bef. 1810; (born 1777, died 9 April 1840), daughter of Col. Henry Rhodes, and had six children;

Enoch Foy, born May 17, 1777 in Onslow Co., NC; died Oct 5, 1842 in Jones Co., NC; married (1) Lucy Foy Sep 3, 1799 in NC; married (2) Applis Sanderson Apr 1805 in Jones Co., NC; married (3) Phoebe Sanderson Jun 4, 1812 in Jones Co., NC; married (4) Rachel Ellis Hancock Bef. 1841. Enoch had fifteen children in all.

Serena Foy, b. 1780, New Hanover Co., NC; married (1) Jeremiah Spicer; married (2) Jacob Golden, an Innkeeper, Captain of Onslow Regiment of Militia in 1812 and Post-master of Golden Place, Onslow County

Lewis Foy, b. New Hanover Co., NC, lived in Jones County, mentioned as a cripple in 1819

Frederick James Foy, born Mar 18, 1785 in Hicks Run, Onslow Co., NC; died Sep 20, 1833 in Onslow Co., NC; married (1) Lency House Apr 11, 1809; married (2) Christian Dixon Mar 1, 1821 in Greene Co., NC. Frederick had seven children.

Elizabeth Foy, born 1789 in Onslow Co., NC; died 1839; married Robert B. Nixon.

Joshua Foy, born 1786 in Onslow Co., NC; died Dec 15, 1851 in Onslow Co., NC; married (1) Polly Cox and (2) Unknown. Joshua had nine children.

Thomas Foy, born in Onslow Co., NC; died February 23, 1800 (another source says March, 1800) at his plantation in Jones County of a severe fit of colic; married Margaret Dudley Sep 1796 in Onslow Co., NC.

Morris Foy, born 1791 in Onslow Co., NC; died in Lousiana; married (1) Ann Unknown; married (2) Jane Unknown.

Hester Foy, married Durant H Rhodes. Was disinherited.
Sources: Family notes; Craven County deed books; Onslow County Court minutes; RECORDS OF ONSLOW COUNTY, by Zae Hargelt Gwynn; postal records. -Roger Kammerer Scanned January 20, 1997 from Onslow Register of Records of Onslow and Jones Co., Citizens and Related Families, compiled by Roger Kammerer and David E. Carpenter, 1984.

Notes for JAMES FOY:
Various sources state James was 85 - 90 years old at the time of his death in 1822 making his date of birth 1732 to 1737.
He was born 1733 in Baltimore Co., MD; according to Marriage & Death Notices from Raleigh Newspapers 1796 - 1826., and died November 11, 1822 in Onslow Co., NC;(Source: (1) Marriage & Death Notices from Raleigh Newspapers 1796 - 1826., (2) Roger E. Kammerer and David E. Carpenter, comp, Onslow Register of Records of Onslow and Jones Co., Citizens and Related Families, 1984.).
 

Foy: D. In Onslow county, on the 11th ult., Maj. JAMES FOY, in the 85th year of his age. He lost his wife only 12 days previously. RRw Fri 13 Dec 1822 3:5.

Source: History of Onslow County, pg 136
He first settled on the south side of the Trent River near Pembroke Ferry, not far from New Bern, and afterwards moved to Onslow County on Hicks Run.
James Foy fought in the American Revolutionary War and was in the battles of Cowpens, King's Mountain, Guilford Court House and Moore's Creek Bridge, at which place he was wounded in the wrist.
He died at the age of 85 years. According to other records he was ninety years at his death.
Continued: "...James Foy served in the Revolution and was in the Battle at Moore's Creek. I have heard it said that it was he who shot and killed the British officer whose death caused the Americans to gain the battle.
" My grandfather (James Foy) was a strong Democrat as were all his sons
" JAMES FOY, SR. 192 James Foy, Sr., son of Thomas Foy, Sr., and Rebecca Puttee, was born in Baltimore County, Maryland in 1737 and died in Onslow County on 11 Nov. 1822. His father Thomas Foy, Sr., brought his family from Maryland to Craven County, N.C., in 1749, where he settled at Rocky Run, on the Trent River.
James Foy, Sr., was first married in Craven County about 1760 to Elizabeth Ward, daughter of Richard Ward. She died before 1766, leaving him with a daughter.
On 23 Oct. 1761, James Foy, Sr. obtained his first piece of property in Craven County when he received a land grant of 294 acres. In 1769, Foy moved to Onslow County, settling in the Lower Southwest District.
He was married again about 1771 to Elizabeth Ward, daughter of Enoch Ward.
James Foy, Sr. was a prominent planter and influential man in Onslow County affairs. He served in the Revolutionary War, first as a Lieutenant and then Captain of the Wilmington Brigade in the N .C. Line. He was in the Battle of Cowpens, King's Mountain, Guilford Court-house, and Moore's Creek Bridge, at which place it is said he was wounded in the wrist.
Family tradition says James Foy, Sr. purchased one dozen French cut crystal glasses, brought here during the Revolution, of which he gave one glass to each of his children. A few of his descendants still had theirs into this century.
In 1774, James Foy, Sr. was appointed procession master in the Southwest District. In April 1778, he was appointed County Ranger (missing text - 1 line) ... Onslow County, an office he resigned in the fall of 1803.
On 23 April 1791, George Washington, on his Southern Tour, stopped and had lunch at Foy's Inn in Onslow County. From 1793-1795 he was also mentioned as the mail contractor from New Bern to Wilmington, a distance of 100 miles, from which he got $500 per year.

According to the land deeds in Onslow Co. court house:
James Foy purchased and sold land to:

Feb 10,1778
150 acres from James Kibbles
Feb 10, 1778
150 acres from John Lester
May 13, 1784
From Jothan Dubibin (could not read acres or dollar)
June 1, 1807
sold to Frederick Foy his son at age 22 (could not read acres or dollars)
April 3, 1809
242 acres for $700 from Joseph Munford
March 9, 1811
From George Mitchell (could not read acres or money)
July 21, 1821
sold to Frederick Foy for $250 his son
 

  In the name of God, Amen. I James Foy, Senior, of the County of Onslow and State of North Carolina; being of sound, perfect and disposing mind and memor, blessed be God for the same; Do this fifteenth day of September, in the year of our Lord Christ, One thousand eight hundred and seventeen, make and publish this my last will and desire is that all my just debts be paid as also my funeral expenses; and, as touching my worldly estate, wherewith it hath pleased God to bless my endeavors with, I will and bequeath in manner and form following, viz:

Imprimis: I give and bequeath unto my dearly beloved wife Elizabeth Foy my best bed and furniture, also the saddle and Bridle, one Bay mare and colt, tow calves, two sows and pigs, one grubbing ditto, one round table, six windsor chairs, all the crockery ware, all the pewter, rion tea kettle, tow iron port, all the copper ware, that are in the house at the time of my decease.

Item: I lend to my wife for her sole use and benefit, during her natural life, the house and plantation where I usually reside at, as also fire wood and wood for use of the said plantation. And also, I lend unto my said wife, two negroes named Todge and Eve his wife during the life of my said wife Elizabeth; and at her decease, I will and bequeath unto my daughter Patsey Nixon, the aforesaid negroes Todge and Eve, to her and her herirs (lawfully begotten of her body) forever. Two negroes also pay debts.

Item: I give and bequeath unto my grandson Joseph Mumford, as his mother had all the land and negroes that came to my first marriage, and was delivered to Lewis Mumford for my daughters use, which I considered in full of my first wifes child portion, to him and heirs forever.

Item: Whereas I have made a deed of gift unto Thomas Foy son of Thomas Foy, deceased, bearing date 2nd June 1800, for the following negroes, viz: Sall and all her children &c. and I do hereby this my last will and testament confirm the above deed of gift and also one Dollar infull..

Item: I give and bequeath to my oldest son James Foy, Junior, three Hundred Pounds, and Yellow Joe. And I have given him a deed of gift for six negroes and other property, such as horses, beds, hogs, tools, &c. which have been all delivered to him at his marriage, and since, to him and his heirs forever.

Item: I give and bequeath to my son Enoch Foy one negro by name of Ruth, one by name of Sarah ditto Moll and her two children, their names are Ceasar and Frank as also a negro boy by the name of Joe, with the horses, cattle, hogs, beds and tools, put in his possession at his marriage, and all he got for the leased land on the west side of Shillings branch, Mill Creek in Jones County, I give to him & his heirs forever.

Item: I give and bequeath to my son Lewis Foy the seven hundred Dollars he got of my son Enoch for the lease ofn the east side of Shillings Branch, and a negro by the name of Peter, beds, furniture, Horses, cattle, hogs, tools and smith tools, to him and his heirs forever. Also I lend to my son Lewis Foy the following negroes for his support, as he is a cripple, viz: Dick & Ann, & Hannah & Ned and negro Fan for and during his natural life for his sole support, and at his death I give the said negroes I lend to son Lewis, to his heirs lawfully begotten of his body forever.

Item: I give and bequeath to my daughters Sereney all the household goods and beds she had in her possession when she married Golden, also I lend for and during my daughter's, Serency's natural life, the following negroes by name peter and Tamar and her child Moses. And also Nathan and Mary for her supoort, during her natural life and at their death I give said negroes, and Thamar's increase, to be equally divided betweent the heirs lawfully begotten of her body forever.

Item: I give and bequeath to my son Frederick Foy, the following negroes Viz: Dave, George, Sall, Lott, and girl Alice and beds and such tools or stocks of cattle, hogs, as in her possession, and I have given her a deed of gift for the lands where my son James Foy now at present resides in this county, his heirs forever.

Item: I give and bequeath to my daughter Betsey Nixon two feather beds and furniture, and two cows and yearlings, one chest, and the following negroes viz: Mimy and her children of the following names, Simon, Sarah and Grace, and also Jack Lenea, to her and her heirs (lawfully) begotten of their body forever.

Item: Whereas I have paid unto my son Joshua Foy to the amount of sixteen hundred dollars, or thereabouts in lands, which has been sold and conveyed by me, and I hereby confirm the same to him and his heirs forever. Also I give and bequeath to my said son Joshua, two parcels of land on Mill Run, adjoining Wards and Corbettes, being four hundred acres more or less, to him and his heirs forever. And also the following negroes viz; Issac, Hannah, Duke, Charlotte, Nicey, Rose and Miranda, to him and his heirs forever.

Item. I give and bequeath to my son Morris Foy one bed and furniture, one bay mare and colt, one yoke oxen and chain, and further I give unto my said son Morris three hundred acres of land known by the name of Bear Garden and also two hundred acres of land where old Suck died, to him and his heirs (lawfully begotten of his body) forever, and also I hereby give unto my said son Morris, the following negroes viz; Douglas and Robin, Abb, Jack and Tony, to him and his heirs, as also one feather bed and furniture to him and his heirs forever.

After my wifes decease, my will and desire is that my lands I left to my wife during her natural life, being the lands I purchased of James Hebble and John Lester to my son Morris and his heirs and assigns forever, the residue not mentioned in my will to pay debts.

Lastly I constitute, make and appoint my sons Frederick Foy and Joshua Foy my whole and sole Executors to this my last Will and Testament, revoking all other wills and testaments by me heretofore made. And I do hereby desire my executors above mentioned to do their duty in full.

James Foy Senior. (Seal)

THE WAR BEGINS IN THE NORTH
The war began officially early on the morning of April 19, 1775, on a country road outside Boston, but its causes lay further in the past. Relations between England and the colonies in America had been strained for many years.

As in every other war in man's existence there is no simple or single reason for this war to have happened. The basic cause of the conflict was the role of the colonies. Was their purpose for existence to benefit England by sending raw materials and purchasing manufactured goods made in England; buying sugar and tea only from English sources; providing revenue to support British regulars stationed in America, and helping to repay the debt incurred during the French and Indian Wars? Or, were they their own people?

The American colonies considered themselves on an equal footing with England and particularly resented the taxes levied on them to provide revenue to the King.

During the 1760s, England seemed to go out of its way to annoy and frustrate the colonies, passing a series of revenue producing laws that included the Sugar Act and the infamous Stamp Act. Because of these heavy taxes smuggling goods into America became common, and Parliament soon issued writs of assistance, allowing officials to enter and search any buildings they believed contained smuggled goods.

Tensions between the colonies and the Crown exploded into violence on March 5, 1770, when a Boston crowd pelted British soldiers with snowballs and rocks. The soldiers fired into the crowd, leaving three wounded and three dead, including Crispus Attucks, an escaped slave and seaman. The Boston silversmith and craftsman, Paul Revere later made an engraving of the "Boston Massacre", which helped fan the flames of rebellion.

Radicals such as Samuel Adams and Patrick Henry encouraged citizens in and around Boston to riot and these citizens began to attack agents of the Crown. Often groups like the Sons of Liberty and other secret societies caused mobs to physically attack these officials, sometimes sacking and burning their houses.

Ships sent from England to prevent entry of smuggled goods were also attacked. Everyone remembers reading in their high school American History book about the Boston Tea Party where an organized mob, dressed as Indians, boarded an East India Company ship at a Boston wharf on December 16, 1773, and tossed overboard $90,000.00 worth of tea. This act convinced King George III that it was high time to punish Boston and on May 17th Lieutenant General Thomas Gage arrived in Boston as commander of His Majesty's Forces in America and governor of Massachusetts. His orders were to close the Port of Boston, bringing the colonial government under the control of the Crown, and legalize quartering of troops in public buildings.

The other American colonies were very concerned when they learned of Gage's restrictive measures. On September 5, 1774, representatives of these colonies, except Georgia, met in Philadelphia as the First Continental Congress. During that session, Paul Revere arrived with a copy of the Suffolk Resolve, drawn up by representatives of Massachusetts, recommending that the colony form its own government to collect taxes and withhold them from the Crown until certain restrictive acts were repealed. The Congress adopted this resolve and called for a boycott on English goods.

Massachusetts was now preparing to defend its position with force, if needed, and all military affairs were put into the hands of a Committee for Safety. Arms, ammunition, and cannon were collected and stored in relatively safe places. Militiamen, living on farms and in villages around Boston, were alerted and told to be ready in a minute (they became known as "minuteman") to assemble with their muskets and powder horns when the church bell sounded the alarm. By April 1775, the countryside around Boston had a sizable number of men ready, to fight as soon as they received the word.

The battles began in the Boston area in April 1775. There were battles in Lexington and Concord and Bunker Hill. At first these battles were fought by "minuteman" who gave as much as they got, however, they were outnumbered by the English.

In June 1775 George Washington was appointed by Congress as commander of the Continental Army. Outside Boston Washington found 17,000 men in a disorganized army that lacked food, clothing, equipment, training, and discipline. He set to work to restore some sort of order.

Battles on land and sea continued. They spread to New York and New Jersey and Pennsylvania and Vermont and Maryland and Virginia and by 1776 fighting had reached North Carolina where the FOYs lived.

THINGS WERE DIFFERENT IN THE SOUTH

The South was different from the North and not as quick to rebel against the Crown. The economy of the South was based upon plantations and slave holding. The South was suspicious of "hot-headed radicals" like Patrick Henry and others. Wealthy planters, such as the FOYS, were conservative. They dreaded riots and rebellion. Patriots moved cautiously in the South, even after the Continental Congress virtually declared war upon the British Crown in June 1775.

There were two kinds of people living in the South so far as the war was concerned. There were the Loyalist, those who supported the Crown, and there were the Patriots, those who supported the spirit of freedom from English control. Patriots were also called rebels.

By the summer of 1775 the patriots outnumbered the Royalist and began to cause problems for the English governors of South Carolina, North Carolina and Virginia. They literally ran the two Carolina governors out of town for a while. These two governors got together with a British Earl and the governor of Virginia and made plans.

The English decided to send troops into the South to re-establish royal control. By late 1775 there was fighting in the South.

JAMES FOY, SENIOR was an officer in the American Revolutionary forces. There are several references in public records to that fact but the most complete information can be obtained from DAR records as discussed in the previous chapter.

In the Revolutionary War, according to records on file in Raleigh and Washington, JAMES served his country first as a lieutenant and later was promoted to the rank of Captain.

COLONIAL RECORDS OF 1776, VOL. X, p. 626, State Records; extracts from minutes of New Hanover Superior Court, October Term, 1832, Hon. ROBERT STRANGE, Judge presiding, Wednesday, October 31st, 1832 report:

"For the Wilmington Brigade No 2- For Onslow County- Ephram Battle.
Captain; James Foy, Lieutenant; William Shaw, Ensign."

"This deponent knows that the same JAMES DEVANE had command of a Company in South Carolina opposite Cheraw Mills, at which place this deponent was put under the command of the said JAMES DEVANE, having been previously under the command of Captain JAMES FOY: etc"

Signed James Lee "

There are also a number of references to JAMES FOY's military record in the North Carolina Revolutionary Army Accounts, Vol, V, page 46, Folio 4.

Below are accounts of the four battles noted in DAR records in which JAMES FOY participated:

THE BATTLE AT MOORE CREEK BRIDGE
February 27, 1776
One battle which took place in early 1776 in North Carolina is of great interest to our line of the FOYs because our ancestor, JAMES FOY, SENIOR, was one of the military officers that led the patriots in battle. It was called the Battle of Moore's Creek Bridge and is one of four battles in which JAMES FOY, SENIOR participated as mentioned in official DAR records.

Early in February 1776 the English North Carolina governor issued a manifesto for all North Carolina Loyalist to rise against the rebels. By the 18th of February about 2,000 Loyalist had assembled and in late February they began to march toward a major road between Cross Creek and Wilmington where they were to establish a blockade. Many of those Loyalist were Scots (a large percentage of the population of North Carolina were Scottish) and were dressed in kilts. Bagpipes skirted as they marched proudly toward their destination.

On February 27 these marchers found their route blocked at Moore's Creek, a swampy stream flowing into the Black River eighteen miles from Wilmington. The North Carolina rebels had built up earthworks overlooking a bridge the British troops had to cross. The Loyalist, from their location, could not see that the Patriots, besides building earth bunkers above the bridge, had also removed the planks from the floor of the bridge. They had also greased some of the framework.

Seeing only the earthworks and without reconnaissance or plans the officers of the Loyalist ordered their troops to charge the bridge and drive the patriot force out of their bunkers. The cheering, bagpipe playing Highlanders charged but came to a sudden halt when they reached the floorless bridge.

Unable to ford the creek, a few brave souls tried to cross the bridge on its framework but were promptly shot. The rebels from behind their bunkers then poured several volleys into the milling mass of Loyalist and within minutes all the Loyalist were in flight.

Losses were light. Thirty Loyalist were killed; forty were wounded; only two patriots were wounded. The next day the Loyalist surrendered. Most were told to go back to their homes and they did. Loyalist sentiment in North Carolina was greatly dampened by the swampy waters of Moore's Creek.

As mentioned, one of the officers for the Patriot army, as shown in Colonial records on file in Raleigh and Washington, was Lieutenant JAMES FOY. JAMES was assigned to the Wilmington Brigade No. 2 for Onslow County. His Captain was EPHRAM BATTLE, their Ensign was WILLIAM SHAW. This is found in Volume X, page 626.

Also on file in the Raleigh museum in the State records are extracts from the minutes of New Hanover Superior Court, October term 1832, Honorable ROBERT STRANGE, Judge presiding. Among those extracts is the following:

"Wednesday, October 31, 1832

mosmosevol""I... This deponent knows that the same JAMES DEVANE had command of a Company in South Carolina opposite Cheraw Mills, at which place this deponent was put under the command of the said JAMES DEVANE, having been previously under the command of Captain JAMES FOY; etc.....
(Signed) James Lee

Volume xv, page 789

Every library in the United States will have several books dedicated to the American Revolutionary War and it is not our intent to furnish a detailed account of that war on these pages, rather, to discuss the battles that involved JAMES FOY, SENIOR.

THE BATTLE AT KING'S MOUNTAIN
October 7, 1780
GENERAL LORD CHARLES CORNWALLIS was a general of the British army. After winning many battles in the South, in early 1780 he had begun his move into North Carolina. One of his Majors was PATRICK FERGUSON. FERGUSON was successful in recruiting several thousand "up country" Loyalist to "punish" rebel settlements.

Beyond the mountains in Western North Carolina in what is today called Tennessee lived hardy frontier folk often referred as "over the mountain" men. Many of these men joined with North Carolina Partisans to fight the Loyalist. Major FERGUSON raided some of the settlements of these mountain people and warned them that unless they ceased their opposition to royal authority he would cross the mountains and destroy their homes. That was a mistake for by doing that he won only the intense hatred of these mountain people and they assembled a force to fight him in North Carolina before he could cross over the mountains.

In North Carolina the Patriots had a force of about 1,000. Soon they were joined with 400 Virginians and 240 came from "over the mountains". This entire force consisted of tough frontiersmen; men who could ride a horse through the woods, were crack shots with rifles, and were accustomed to hardships.

MAJOR FERGUSON observed all these volunteers gathering and was feeling the pressure of a possible attack. He began trying to move closer to CORNWALLIS' troops. To reach them he had to cross by Kings Mountain, a wooded and rocky spur of the Blue Ridge mountains. En route he stopped to rest his men and selected a position on top of Kings Mountain 600 yards long, 70 yards wide on one end and 120 yards wide on the other. This space could easily accommodate his force of 900.

After marching through a rainy night and morning, the rebels arrived near Kings Mountain on October 7th. When they were about a mile away, they hitched their horses and moved into attack position. Their approach was so quiet and FERGUSON's security so poor that the rebels were within one quarter mile before the first shot was fired. Coming up the mountain one of the rebel commanders shouted, "Here are the boys. Shout like hell and fight like devils."

FERGUSON dashed about on his horse blowing a silver whistle he used to maneuver his men. Wearing his checkered hunting shirt, he made a perfect target and he fell from his horse, one foot caught in the stirrup and several bullet holes in his body. His second in command raised the white flag of surrender. The battle had lasted less than one hour.

It had been another bad day for the Loyalist-- 157 killed, 164 wounded, and 698 prisoners. The Patriots lost 28 and had 64 wounded out of 900 men. The prisoners were marched to Gilbert Town where 30 or 40 were tried for helping the British loot and raid. Twelve were convicted. Ten were executed.

BATTLE AT COWPENS
January 17, 1781
DANIEL MORGAN was the commander of a ragged and discouraged group of men who had been kicked around by a British force several times their size, better trained and better supplied. A decision had been made by his superiors that the best thing for the patriot army to do was to divide up in small groups, disperse into the woods and live off the country until reinforcements could arrive. MORGAN was , however, being chased by an English troop of about 1,100 cavalry and infantry, mostly veterans, under the command of BANASTRE TARLETON.

On January 16, 1781 his group's breakfast had been interrupted by sentries reporting the British were only a few hundred yards away and were about to over run their position. MORGAN and his men abandoned their breakfast and fled.

When MORGAN saw he could not outrun TARLETON he decided to fight. MORGAN, being a brilliant tactician, had shown his worth in earlier battles and was about to show it again.

With only 900, mostly untrained, men MORGAN chose an open wood known as "Hannah's Cowpen" to make his stand. The ground sloped gently toward TARLETON's approach. At the far end were two low crests, separated by a wide swell.

MORGAN divided his troops into three lines. In the front line were 120 sharpshooters, told to fire two well aimed volleys and then fall back. Behind them were the Carolina and Georgia militia who were ordered to fire two rounds and then fall back. One hundred fifty yards in back of this second line were 500 men who were told to fire slowly and deliberately and not to fall back until signaled. Behind them was a crest where MORGAN placed 120 cavalry.

Just before dawn January 17 the British, led by TARLETON, stumbled on the American position. Wanting a better look at the American line TARLTON sent a detachment of cavalry forward. The Americans emptied 15 saddles in a matter of minutes. TARLETON then formed his troops into a line and advanced on the American position, some 400 yards away.

As soon as the British were in range, the militia delivered a murderous fire and then broke flanks. As the British reached the third line their advance faltered because of heavy American fire; the fighting became violent and confusing. Then on the signal the third American line broke and retreated.

Thinking they were about to win a victory TARLTON ordered all his troops into a final attack. As they came over the crest all the three American lines which had inflicted heavy damage and then retreated were formed with the cavalry behind it. Together the Americans laid down deadly fire. The British were devastated. It was a stunning victory.

That day the British lost 100 men with 229 wounded and 600 captured. The Americans lost only 12 men, with 60 wounded, It was a tremendous boost for the Americans, especially the southern Patriots.

THE BATTLE AT GUILFORD COURTHOUSE
March 15, 1781
After whipping TARLTON at Cowpens, MORGAN learned that CORNWALLIS and his army were nearby and, having no intention of tangling with such a superior force, marched northeast to join other American troops on their way to Virginia.

It was over one hundred miles to safety in Virginia, all of it through rain and snow, The British, commanded by CORNWALLIS, were close behind; sometimes as close as only a dozen miles.

The Americans were finally able to cross over the Dan River into Virginia taking all the boats in the region with them. CORNWALLIS was not able to follow because there were no more boats. After a few days rest and absorbing reinforcements, the Americans crossed back over the Dan River into North Carolina. Their number had increased to 4,300 men but, again, most all these were untrained men. CORWALLIS had 1900 battle-hardened veterans.

The two forces came together ai Guilford Courthouse which stood alone in a clearing by the Salisbury Road. The road sloped westward through woods to a creek about a mile away. Near the creek on both sides of the road were large corn fields with zigzag fences along their upper boundaries.

To reach the courthouse the British would have to come east on the road to the creek and up through the corn fields. The Americans formed their first line along the fences along the corn fields with North Carolina militia (JAMES FOY, Senior's group). Riflemen were placed on the wings. These were Delaware regulars and cavalry. To the rear of the front line was the second line of Virginia militia and in the back of all this, the best of the troops, Virginia and Maryland Continentals were placed. In the middle of the road at the center of this rear group the artillery was placed.

The British arrived on a clear and chilly morning, March 15th. The battle lasted for more than an hour with neither side clearly winning. At one point when the American cavalry came smashing into the fight, the British commander, CORNWALLIS, ordered his cannons-to fire grape shot into a mass of struggling men; many of which were his own men. Firing on his own men was a harsh measure but one he felt he had to do to save his army. His plan worked. The cavalry charge was checked and the American infantry was driven back. It appeared neither side could win.

The Americans "leisurely" withdrew with no resistance from the British to a camp about 15 miles away.

The American casualties were 78 killed and 183 wounded. The British lost 532 with 93 killed; 50 more died shortly thereafter from wounds. CORNWALLIS moved on into Virginia.

AFTERMATH OF WAR
JAMES FOY, SR may have fought in more battles than those discussed here but, if so, there is no record of such I can find. From the dates of birth of his children it does not appear he spent the entire war away from home; i.e., JAMES, 1774; ENOCH, 1777; LEWIS, 1782, etc., but, without question, he was an officer in that great war.

The end of a war, any war, is much like its beginning; there is no exact date attached to it. Bringing a war to an end is a complex and messy business, especially when the war is the result of a rebellion and the traditions and formalities of both war and government have been neglected for so long. The fighting was over by 1783, but the war was not for there was only a provisional treaty of peace.

That is, the soldiers, those who had done the fighting, by January 1783 were standing by awaiting the politicians to negotiate a diplomatic end to it all. They were still in the army. They still drilled a little and were allowed to hunt and fish for recreation but, they could not go home.

The longer they waited for peace papers to be signed across the world in Paris, France the more restless they grew. There were crops to be planted and families to be comforted. They grew irritable and sullen. Many gathered their belongings and quietly slipped off; others left in groups; outright mutiny.

Finally, in June the resolution of Congress was received to furlough all troops as quickly as possible to save supplies and provisions. Each man was supposed to be given three months pay but there was no money in the Continental treasury so they were given promissory notes instead.

For the victorious army there was no great victory celebration, no big parades, no loud crowds; there was only the gradual melting away of vagabond soldiers making their way to their homes hundreds of miles away, trying to satisfy the gnawing in their bellies by begging, stealing, or using the force they had been trained to employ. in a hurry to get home they spent little time thinking about the unfairness of it all.
 
 

Frederick Foy, b. Abt. 1767, Jones Co., NC; d. Jan 29, 1838, Carroll Co., MS.

Notes for JACOB FOY:
The notes under Thomas Foy Sr., Jacob's father, indicate that Jacob was the third of five siblings; the one preceding Jacob being born about 1729; the one following Jacob being born about 1737; all in Baltimore Co Maryland.

In the State Census for Jones Co NC in 1784-1787 Jacob reported his household included one male under 21, one female, 4 blacks age 12-50 and 5 blacks younger than 12 or older than 50. (His son, Frederick, his wife, Elizabeth, and 9 slaves). Jacob reported himself over 21 & less than 60, thus his earliest birth date would have been 1726. But the birth dates of his immediate siblings confine Jacob to about 1731-1735, so we choose 1733 making Jacob age 53 at death in 1786.

The State Census is of little help in determining son Frederick's birth date. All we can deduce is that he was born later than 1765=1766. In 1779 Jacob was amongst those inhabitants of Craven Co NC who petitioned for the formation of a new county (Jones County) to be carved out of the lower part of Craven Co. Emanuel Simmons, Thomas Foy, William Foy, Frederick Foy, Daniel Simmons, James Simmons, Abraham B Simmons and Benjamin Simmons also appear on this petition which bears about 240 signatures. The Craven County courthouse in New Bern was too far away from those who lived on the upper reaches of the Trent River because transportation was limited to the use of horses, boats or one's own feet.

The book ABSTRACTS of the RECORDS of JONES COUNTY NORTH Carolina 1779-1868, v.1, by Zae Hargett Gwinn, includes Jacob's will on p. 344. The original will is filed in the Jones Co., Will Book, Vol A, page 47. (see below) Jacob's wife was Elizabeth Simmons, daughter of Emanuel Simmons, the latter being one of the witnesses to Jacob's will. Note also that Jacob chose his brother Frederick, not his son Frederick, as one of his executors, implying that his son was less than age 21. John Simmons was a brother of Elizabeth Simmons. Miriam (?) Simmons hasn't been identified.

In addition to brother Frederick, Jacob had John Foy, Thomas Foy and James Foy as brothers. Thomas Foy, in his will, named James and Frederick as brothers and identified a nephew, Frederick, as the son of Jacob.
Lemuel Hatch Jr was a son of Lemuel Hatch. Lemuel Hatch Sr died in 1790 after serving as a sheriff for many years. The Foy, Hatch and Simmons families were all landowners and neighbors, as well as relatives in some cases.

In a Jones Co deed dtd 12 Dec 1788 Elizabeth Foy deeded her land-inheritance, bequeathed by Jacob, to her son Frederick, retaining her life estate. This establishes a benchmark to the effect that Frederick must have been an adult at least 21 years old in 1788 and must have been born not later than 1767. Note also that his father Jacob did not choose him as an executor of his own will in 1786, presumably because Frederick was less the 21 years old; giving him a birth date not earlier than 1765. Thus we conclude that Frederick, son of Jacob and father of Amos was born in 1766. If so he was age 72 at death.

Imprimes

Item I lend unto my Loving wife Elizabeth Foy the Plantation and land where I now live During her Natural life Item I Give & Bequeath unto my wife one Negrow man Called Luke also one Negro Girl Called Nebet Also one Negro Called Cate also one Negro boy Called Peter also one horse Called makey one mare Called Jody also one young horse Called Dick also Six Cows & calves Also one youke oxen Called Buck & Duke also two for year old stears also two Good Beds & furniture & two Bed stands Also half Dozen Chir Also two [...] Iron traces one Plough & fluke also three Chest also two Cases of [Bottety] also one [...] Iron wedges also two flat Irons also two axes also two [...] also one grubing hoe
                            turnover
Also for Basons also ten Puter Plates Also three Dishes Also one teacattel Also all my Reading Books Also one [...] hand Irons also three Iron Pots also one Hand mill also one half of all my Hogs Also Half of all my Corn also all my foddow also all my [...] also all my flax and cotten also All my Sheaps wool also half of all my Sheap also all the Spun Cotten Spun Woll & all the Spun flax & to also one wollen Wheel & one Sinning wheel also one ax [….] the above mechan.. I Give to her her ares & assines for Ever -

Item I Give to my Son Frederick Foy the Plantation & Land where I know Live after my wife Elizabeth Foy Death Also one Negro woman Biner also one Negro Girl Sal also one Negro girl Hannah also one Negrow Boy Jes Also one Negro Boy Emanuel and all the Rest of any Estate not all Ready Given away to him & his assins for Ever [….] Give to my Son Frederick Foy all my money that I am Payed of Except twenty Pounds I give my wife Elizabeth Foy
                            turn over

Lastly I do Hereby nominate & appoint My Brother Frederick Foy and John Sim^mons Jr. and Lemuel Hatch Jr. Executors of this my last will & Testament Ratifing & Confirming this to be & Contain my last well & Testament Revoking & Disallowing all other wills In witness whereof I have hereunto Set my hand Seal the 10th Day of January

State of No Carolina

Jones County Court March Term 1786

was the aforegoing last Will & Testament of Jacob Foy duly proved in open Court by the Oaths of Emanuel Simmons & Miriam Simmons two of the Subscribing witnesses […] to ordered to be recorded at the same time John Simmons & Fred. Foy qualified as Executors -
Ordered that […] […] thereon

FREDERICK FOY, born Abt. 1740 or 1750; married Alice Fulford May 26, 1801 in Craven Co., NC, d. December 07, 1815, Craven Co., NC.

Children of FREDERICK FOY are:
1. FRANCES FOY, m. WILLIAM S HILL, July 04, 1814, Craven Co., NC; Marriage notice in Raleigh Register of 5 Aug 1814 states she is daughter of Frederick Foy, Esq of Craven Co. The guarantor on her marriage bond is Frederick Foy (Bond value 500 pounds. When a Thos D Foy married Harriet Jane Smith 9 Jan 1844 the tab had risen to 1000 pounds)

2. THOMAS FOY.

3. JOHN FOY.

4. MARIA FOY.

5. POLLY FOY.

6. ELIZABETH FOY, b. Abt. 1789; m. Edward W. Mumford.

How does Frederick marry in 1801 and have a child in 1789? It may be that he had more than one spouse.
Notes for FREDERICK FOY:
One researcher's article gives his date of birth as 1751 which is probably incorrect as his other siblings were born in the 1726 to 1737 time period. There was no source given for the 1751 date. If he was the youngest son and born about 1740 he would have been 75 years old when he died. Also, his mother would have been in her mid 40's in 1751, which again seems unlikely. The 1740 date has been used in this record. By using the 1740 date, Frederick would have probably been born in Baltimore County, MD (this article says Craven County because of the 1751 date) as his father, Thomas, came to North Carolina about 1749.

Article # 191 in the book THE HERITAGE OF ONSLOW COUNTY NORTH CAROLINA, 975.600 states that Frederick Foy's parents were Thomas Foy & Rebecca Puttee of Baltimore Co Maryland who moved to the French Hugenot settlement at Rocky Run on the Trent River just upstream of New Bern NC in 1749. It also states he was married first to Bathsheba Lipsey and secondly to Margaret Borden. His brothers were John, Thomas, Jacob and James.
        This Frederick Foy is one of several so named. Jacob named a son Frederick. James named a son Frederick. All without benefit of middle names. Frederick Foy, son of Thomas & Rebecca and his nephew, the younger Frederick Foy, son of Jacob, moved in the same circles, exchanged land holdings from time to time and came to be known as Senior and Junior. In their more mature years each included the Sr or Jr as a suffix to their signatures; also each was called "Esquire", so that appellation provides no distinction. FF Sr., died in 1815; FF Jr., in 1838.
        I have found Frederick Foy Senior's will in the North Carolina State Archives for Craven County. It was drawn 1 Nov 1813 and proven in the December 1815 term of the court. I have have transcribed it as follows:  In the name of God, Amen. I, Frederick Foy Senior of the County of Craven in the State of North Carolina, knowing the uncertainty of life and being of sound mind and disposing memory do this first day of November in the year of our Lord one thousand eight hundred and thirteen, make, establish and declare my last will and testament in manner and form following.
        Item I appoint my friend John Stanley Esquire of Newbern and my beloved son Thomas Foy my Executors and hereby revoke all other wills by me made. I give and devise unto my son Thomas Foy his heirs and assigns forever the whole of the tract or parcel of land called Seven Springs, subject however to bequest hereinafter made. I also give and devise unto my said son Thomas Foy his heirs and assigns forever, one hundred acres of land lying at the head of Island Creek and Horse Pen Pond, patented by Thomas Foy, Senior.
        Item I give and devise unto my son John Foy and his heirs and assigns forever, the home plantation where I now reside with all the land on the east side of Reedy Branch including Mill site, thence to the meadows or various water courses of said branch to Knight's corner, thence southwardly until it joins the line at the head of Island Creek and the lines of my one hundred acre tract ( hereinbefore devised to my son Thomas ) thence eastwardly with my back lines toward Brice's Creek so as to include all the land ( excepting only three tracts adjoining Brice's Creek ), between my lines, Durant Hatch Junior's lines, the lines of Jeremiah Parsons, Jones line, with Jones line to Hood's Creek, down the meadows of Hood's Creek to Trent river thence up the river and its various courses to Reedy Branch. I also give and devise unto my said son John Foy his heirs and assigns forever, one half acre lot and its water front lying in the town of Newbern between Muddy and Eden Streets.
        Item I give and devise unto my daughter Elizabeth Mumford her heirs and assigns forever, one half of the tract of land in the great pocosin at the head of Brice's Creek.
        Item I give and devise unto my daughter Maria Foy and her heirs and assigns forever, the remaining half of the tract of land in the great pocosin at the head of Brice's Creek.
        Item I give and devise to my daughter Polly Foy her heirs and assigns forever, eight hundred acres of land adjoining Brice's Creek where the old Mill is which I hold by deed.
        Item I give my daughter Frances Foy her heirs and assigns forever two tracts or parcels of land held by me under two deeds, one of three hundred acres and the other of five hundred acres adjoining the old Mill land and the lands of Durant and Ivey Hatch.
        Item I give to daughter Polly Foy during her natural life and no longer, one hundred acres of the Seven Springs land lying on the west side of Reedy Branch in Jones lines. Item It is my will and desire that all my negroes be valued and that they be equally divided between and among my children share and share alike.
        Item I give and bequeath unto my sons Thomas and John Foy their Executors administrators and assigns all my horses, mares, mules, cattle, sheep, hogs and all other stock and my family tools, carts, wheels, ploughs, hoes, axes, chains or other plantation utensils to be equally divided between them share and share alike except my blacksmith bellows, vises, 2 screw plates or other blacksmith's tools which I give and bequeath to my son John Foy alone.
        Item It is my will and desire and I do hereby direct that if any of my said children should die without leaving heirs or an heir born in lawful wedlock his or her share in my real or personal estate under this will shall not descend or go to illegitimate offspring of said child or children but shall be descended or distributed among my rightful heirs.
        Lastly It is my will and I do hereby direct that the second clause on this page of my will in which I have given and bequeathed to my sons Thomas and John my horses, mares, . . . . and other stock be so altered so as to admit and allow my four daughters Elizabeth, Maria, Polly and Frances to divide and share among them equally the one half of all my horses, mares, . . . . and hogs I give and bequeath to my four daughters to be equally divided between them.
        In witness hereof I the said Frederick Foy Senior have hereunto set my hand and seal the day and date first above mentioned.
        Frederick Foy Senior
        (seal)
        Wts: John Green, John G Stanly.
 

        Frederick Foy and one of his wives, Bathsheba were buried in Craven Co, near New Bern and according to The Foy Family of NC their tombstones were readable in 1938 and the dates of birth and death for both of them were obtained from the stones. The inscription as follows: "Frederick Foy who died Dec'r 17, A.D. 1815 at the age of 64 years, & his wife Bathsheba Foy who died Jan. 6 A.D. 1801, age 32 yrs."
        The Seven Springs property bequeathed to Thomas in the first clause of this will was acquired by deed from Elizabeth Ogden as recorded in Jones County Deed Book J (1802-1806): "279-281. Nov 12, 1803. Robert Ogden Jr., and Elizabeth, his wife, of New Bern, Craven Co., N.C., to Frederick Foy of same place, for 6000 pounds, 1060 acres in Jones Co., N.C., on Reedy Branch and Trent River at Frederick Foy's line and being the inheritance of Mrs. Elizabeth S. Ogden from her mother, Mrs. Mary Witherspoon, deceased. Wts. T. H. Martin. Mary Witherspoon made a non-cupative will 5 Feb 1800 witnessed by John C. Osborn and David Witherspoon.
        Frederick Hargett, Frederick Foy, Durant Hatch, Spyers Singleton and John C. Osborn were commissioners of the Craven Court which ordered the division of her lands; 5871 total acres were distributed amongst 5 heirs. The will is silent regarding a spouse.
        Article # 191 covers Frederick's history like this: "Frederick Foy, born in Craven County in 1751, married first to Bathsheba Lipsey and secondly to Margaret Borden, and died 7 Dec 1815". I have not yet found any corroboration of these marriages, but have found another record of interest. The North Carolina State Archives files on marriages, Record Number 028-01-115, Bond Number 000026209, tells us that Frederick Foy posted bond to marry Alice Fulford on 26 May 1801. "028" in the record number identifies Craven Co. John C. Bryan and John Stanly were the bondsmen. John C. Bryan served on various commissions with him. John Stanly was selected as the executor of his will. He was the one enumerated in the 1800 census and was a resident of Craven County. Frederick Foy Jr., inherited his father Jacob's extensive holdings in Jones Co., in 1786-1788. If Frederick Foy Sr., did marry Bathsheba Lipsey and Margaret Borden, then Alice Fulford was his third wife. In any case, Alice was not the mother of any of his children, since they were adults when he drew his will in 1813.
        Roger Kammerer, the author of the previously-cited Article #191, also published a book ONSLOW REGISTER RECORDS OF ONSLOW AND JONES COUNTY CITIZENS AND RELATED FAMILIES, 929.37562, which reports on page 20: (Died) in Jones Co., on 2nd inst. after illness of about 8 hours, Mrs. S. Foy, wife of Fred Foy. N(ew) B(ern) Sent(inel) May 10, 1823. Which Fred Foy? Sr or Jr?
 

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