A Scandalous Love Story: The Common-Law Marriage of John Weskett and Barbara Midgett in 1800s North Carolina

In the early 1800s on Roanoke Island, North Carolina, a romance blossomed that would challenge the social and legal norms of the time. This is the story of my 4th great-grandparents, John Weskett Jr. and Barbara “Barby” Midgett, whose relationship began as a scandal but endured to become a legitimate marriage spanning decades.

The Early Years

Barbara Midgett was born in 1787 and came from a prominent Roanoke Island family. In 1802, at just 15 years old, she married Ambrose N. Dough, an 18-year-old mariner1. The marriage seemed promising at first, with Barbara bringing 76 acres of inherited land to the union2. However, their relationship would soon take an unexpected turn.

A Marriage Falls Apart

While Ambrose was away at sea, Barbara began a relationship with John Weskett Jr., who was born between 1774 and 1780. By 1807, Barbara and John were living together openly, having already welcomed two children. When Ambrose returned from his voyage to discover this new arrangement, he found himself in an impossible situation.

The Failed Divorce Petition

In 1809, Ambrose petitioned the North Carolina legislature for divorce. In his emotional appeal, he described how he had improved Barbara’s land during their marriage but had “declined any further use of the same” after discovering her relationship with Weskett. Despite support from several prominent citizens, including members of the legislature, his petition was denied.

Property and Financial Matters

In an interesting twist, despite his complaints to the legislature, Ambrose had already sold Barbara’s 76 acres to John Weskett in 1804 for 400 silver dollars. This transaction would later become part of a complex web of property arrangements between the three parties.

A Family Grows

Unable to marry legally until after Ambrose’s death, John and Barbara continued their life together, eventually having seven children: Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John (my 3rd great-grandfather). Their relationship, though technically illegal, was accepted enough in the community that they were able to conduct business and own property.

Legal Marriage at Last

On December 22, 1824, John and Barbara were finally able to formalize their relationship. They signed a detailed marriage contract that carefully protected Barbara’s property rights and provided for their children’s inheritance. This contract offers a fascinating glimpse into both the legal complexities of the time and the couple’s commitment to securing their family’s future.

Later Years

By 1830, Barbara had established herself as head of her own household, according to census records. The family owned three slaves initially, though by 1840 this number had decreased to one. The census also notes “1 insane white” in the household, possibly referring to John’s brother James.

Wescott Home.jpg

Home of three generations of Wescott's built around 1810. 
Moved from Manteo Airport in 1942 by D. Victor Meekins

Historical Significance

This family story has attracted scholarly attention, being featured in several academic works examining legal culture and gender relations in the post-Revolutionary South. It provides valuable insights into marriage, property rights, and social norms in early American society.

Endnotes

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), entry referencing Barbara Midgett.

“Dare, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QSQ-G982-YCQW}} : Mar 23,
2026), image 414 of 668; Dare County (North Carolina). Register of Deeds.
Image Group Number: 007538808

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), discussion of Ambrose’s legislative complaint and prior sale of Barbara Midgett’s 76 acres to John Weskett in 1804 for 400 silver dollars.

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ
: accessed 22 March 2026).

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), describing the relationship of John Wescott and Barbara Midgett and naming their children Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John.

“Currituck, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QS7-898B-WTH}} : Mar 23, 2026),
image 343 of 582; North Carolina. County Court of Pleas and Quarter Sessions (Currituck County). Image Group Number: 007513637

1830 U.S. census, Currituck County, North Carolina, population schedule, John Wescott household; digital images, Ancestry ({{Ancestry Record|8058|185142}}: accessed 22 March 2026); citing National Archives microfilm publication M19.

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Finding Abigail… Part 3

My search for Abigail continues! (see Finding Abigail… Part 1 (Logan Family) and Finding Abigail… Part 2 (Logan Family). However, due to DNA, I may have some great leads.

There is a DNA match to me through ThruLines® (6th cousin) that shows Samuel Soper, Jr. being Abigail’s brother, my 4th great-granduncle. But, of course, this all depends on whether the person I match has an accurate tree. As I was researching her tree, I did find some things that didn’t make sense, but luckily it was not with the Soper line.

As I was looking through her Soper line, I ran into another sixth cousin who had the same line. This tree seemed to be more thoroughly researched. Although it shows us as a DNA match, it isn’t showing her through ThruLines®, but it may be that their algorithm doesn’t change automatically with my additions and changes.

Both of these matches have pretty much the same Soper line. I will continue along this line, proving my own sources, but I think we might have a winner! They have an England and a Canada connection which is interesting.

Wish me luck! Maybe Part 4 will be the finale!

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Malebysse to Beckwith- 25 Generations (Logan Family)

UPDATED 3/2021: There is speculation about how our Beckwith line connects with the Yorkshire Beckwiths. More research is needed. Beware of “The Beckwiths,” Paul Edmond Beckwith, Albany, 1891. This genealogy, which contains a totally fabricated English lineage, is filled with errors, has a son Benjamin2, who never existed, and was thoroughly debunked in “The American Genealogist” articles by Simeon Fox. This genealogy is not recommended by the Society of the Descendants of the Founders of Hartford.

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Sir Hugh de Malebisse (Malbisse, Malebysse, Malbis), one of the Norman knights who accompanied the Conqueror to England and served in the Battle of Hastings, is my 25th great-grandfather. That’s right, 25th!  

“Sir Hugh de Malbisse held lands (in Yorkshire), time of William the Conqueror” is all the Domesday Book says about him.  (The Domesday Book or “Book of Winchester” is a manuscript record of the “Great Survey” of much of England and parts of Wales completed in 1086 by order of King William the Conqueror.)  Since he was a Norman, he must have had a fair complexion and a tall height. When he fought in Hastings, he wore “a leather coat of tough bull hide.” According to the book “The Beckwiths” by Paul Beckwith, the leather coat would have had metal rings sown upon it, just touching each other. The coat and breeches would have been one piece with a casque of metal at the breast gilded and painted. He would have had gloves of leather and sheepskin covering his legs. He must have been a formidable figure in 1066 A.D. 

He married Emma de Percy, daughter of Henry de Percy of Acaster.  (There is a lot of confusing information in different books on who this Emma married.  Some say she married Hugh’s son, Richard. Others say she married a William.) I am more inclined to believe the original writers of history, such as the Madox, Hist. of Exchequer, i. 316, which states that the first Hugh was married to the daughter of Henry de Percy.  

Madox was a legal antiquary and historian known for his publication and discussion of medieval records and charters, particularly his History of the Exchequer, tracing the administration and records of that branch of the state from the Norman Conquest to the time of Edward II. It became a standard work for the study of English medieval history. He held the office of historiographer royal from 1708 until his death.

Hugh had three sons. Richard, Hugh (2), and Galfred.  This Hugh (2) is our direct line. He married first, Emma de Bray.  I am not finding much on this, Hugh. His brother, Richard, seems to take up much of the glory, or in this case, scandal.  More on him later. Hugh’s (2) will be proven in the third year of the reign of King Stephen, 1138. Galfred gave all his land to God and became the first Prior at the monastery of Newbo of Lincolnshire in 1142.

By the way, Richard, whom I mentioned before, was an interesting, cruel fellow.  He was a justiciar, held Acaster in 1176, and was a forester for Yorkshire (Madox, i. 316).  But then things changed for dear ‘ole Richard.  

He was one of the leaders in the savage attack on and massacre of the Jews at York in 1190 (Will. Newburgh, i. 321, Rolls Ser.) As a punishment for his share in this outrage his lands were seized by the king. Malebysse appears to have been a supporter of Earl John, and in consequence he was one of those who were excommunicated by William de Longchamp in December 1191 (Hoveden, iii. 153). In 1193 he paid a fine of twenty marks for the recovery of his lands till the king’s return, and eventually paid six hundred marks for full restoration (Madox, Hist. of Exchequer, i. 473, 483).  Richard Malebysse

Evidently, he owed many debts to “the Jews” and was known as “the Evil Beast’.  On hearing the news of the southern outbreaks, he and various members of the Percy, Faulconbridge, and Darrel families determined to seize the opportunity to wipe out their indebtedness.  One hundred and fifty Jews were killed.  The entire Jewish community was wiped out!  More can be read in the Jewish Encyclopedia.

However, after about ten years, Richard is back.  

After the accession of John, Malebysse comes into some prominence. In June 1199, he, or it may be his brother Hugh, was sent as an envoy to Scotland to William the Lion to demand homage. In July 1200, he had a license to fortify Wheldrake Castle, but the permission was withdrawn at the request of the citizens of York. In May 1201, he was sent on a mission to the king of Scots to ask him to defer his answer to Northumberland until Michaelmas (Hoveden, iv. 91, 117, 163–4). Malebysse was a justice itinerant for Yorkshire in 1201 and next year sat to acknowledge fines at Westminster. In 1204, he was employed to enforce the payment of aid. He was keeper of the forests of Galtres, Derwent, and Wernedale. He died in 1209.

We must take the bad with the good in our family history. 

Back to my direct line.  Hugh (2) and Emma had Simon.  He was lord of Cowton in Craven, England, and married a daughter of John, Lord of Methley.  I do not know much about Simon either. More research needs to be done.  

Simon had Hercules de Malebysse.  Hercules married Lady Beckwith Bruce, daughter of Sir William Bruce of Uglebarnby and heiress of an estate named Beckwith. He retained the Malbisse escutcheon (his coat of arms) and assumed Beckwith as a surname during the period when surnames were being adopted in England. Beckwith was the name of his wife’s estate.  So, the Beckwith surname was passed down. At this time, they still use “de Beckwith”. Lady Beckwith and Hercules had Nicolas de Beckwith born in 1260. He married a woman by the last name of Chaworth, but nothing more is known.  

Nicolas and his wife had Hamon in 1294.  Hamon married a daughter of Sir Philip Sydney. He was the first of the family to drop the use of the particle “de” in the surname.  Hamon and Anne had William in 1316. William and “unknown” Usfleet had Thomas. Thomas and “unknown” Sawley had Adam. He married (second) Elizabeth Malebisse, widow of John Heringe. His children were all by his first wife, name unknown.  His first wife and he had William. William married a daughter of Sir John Baskerville, a descendant of English and French ancestry, who traced his lineage to the Emperor Charlemagne (don’t we all).

I’ll run through our line in this paragraph as I know the names; I just haven’t researched them.  William and his wife had Thomas, who died in 1495. Thomas had Robert, who had John, who had Robert, who had Robert. This Robert made his will on October 6, 1536, and died before March following.  Robert had Marmaduke Beckwith in 1567.

In 1597 he sold Clint and purchased Fetherstone and Aikton (or Acton).   Among his numerous children was William Beckwith, the founder of the Virginia line of Beckwiths, who landed in America in 1607. He sailed from England in the ship “Phoenix” and arrived with Captain John Smith at Jamestown, Va. (I’ll be researching this little gem!)

This immigrant ancestor and progenitor of the Beckwiths of New England and those branches of the family, which are offshoots of the New England lines, was born in England about the year 1610. The history of his life from when he came to America is somewhat obscure. 

He is found early in Hartford, Conn. Here, he bought the homestead of William Pratt, one of the original proprietors of Hartford, in 1645. About 1652, he was in the same colony at New London and Lyme, his land lying in both towns. It is judged from the size of his real estate holdings that he was a man of considerable wealth.

He was able to give land to his sons liberally, and it is recorded that in 1675, thirty acres of additional land were granted to him, all of which he gave to his son, Joseph Beckwith. 

UPDATE March 2021: There is a question that the connection between Matthew 1 (b. 1610 or maybe 1612) and the Beckwiths of Yorkshire seems inaccurate/undocumented. 

Matthew Beckwith occupied a prominent place in the community and was one of its most prominent citizens. He was killed on October 21, 1680, “by a fall in a dark night down a ledge of rocks.”

There are many books about the Malebisse family.  You can research yourself at Google Books.  

Sources:

(WordPress will not let me cite them properly without upgrading to the Business Plan!)

http://www.nationalarchives.gov.uk/domesday/

The Beckwiths”: Beckwith, Paul (Paul Edmond), 1848-1907 ….” 3 Jun. 2009, https://archive.org/details/thebeckwiths00beck.

From https://www.foundersofhartford.org/the-founders/matthew-beckwith/ Genealogy not recommended: “The Beckwiths,” Paul Edmond Beckwith, Albany, 1891. This genealogy, which contains a totally fabricated English lineage, is filled with errors, has a son Benjamin2, who never existed, and was thoroughly debunked in “The American Genealogist” articles by Simeon Fox.

There are several pamphlets entitled “Beckwith Notes,” intended to correct some of the “The Beckwiths” errors, but these only marginally help.

https://en.wikipedia.org/wiki/Thomas_Madox

“Justiciar – Wikipedia.” https://en.wikipedia.org/wiki/Justiciar

“Malebysse, Richard (DNB00) – Wikisource, the free online library.” 30 Jun. 2016, https://en.wikisource.org/wiki/Malebysse,_Richard_(DNB00)

http://www.svsu.edu/library/archives/public/follett/documents/152_168/KFP152_08.pdf

http://www.jewishencyclopedia.com/articles/15122-york

 “Malebysse, Richard (DNB00) – Wikisource, the free online library.” 30 Jun. 2016, https://en.wikisource.org/wiki/Malebysse,_Richard_(DNB00)

 “The history of the state of Rhode Island and Providence ….” http://www.ebooksread.com/authors-eng/thomas-williams-bicknell/the-history-of-the-state-of-rhode-island-and-providence-plantations-volume-8-kci/page-59-the-history-of-the-state-of-rhode-island-and-providence-plantations-volume-8-kci.shtml

Thank you for reading. As always, please let me know if you see any errors.

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