Encyclopedia

It is often said:

“The concept of ‘correct’ spelling of any name is comparatively modern - because, of course, spelling only has meaning to literate people. On the very few occasions when our distant ancestors’ names were recorded, the spelling would be determined by the vicar or official who wrote it. That spelling was as valid as any other - our ancestor didn’t know or care because he couldn’t read it. An illiterate man’s name was only a sound - not a sequence of letters. Do not expect fixed spellings of any surname until 1870 or even later.”

Of possible relevance, according to LDS records: (i) a Hugh Kavanagh died about 1633 in Wexford, Ireland and apparently was listed as being a relative of William Cavanagh, and (ii) a Hugh Cavanagh was born in Dublin, Dublin County, Ireland about 1652 and was likewise listed as being a relative of William Cavanagh.

According to a letter dated August 17, 2001 from Della Murphy, Assistant Keeper II, Genealogical Office, Dublin, Dublin County, Ireland, it was stated: “I would suspect that your name (i.e., Cavender) may have originally been Cavanagh (pronounced Cavana).”

On June 9, 1668, Hugh Cavenagh (“Hugh Cavender”) testified as a witness in a lawsuit brought by Thomas Baker against Phillip Bisse on April 7, 1668 in the County Court of Charles County, Maryland. He swore before the Court that he was then about 21-22 years of age (thus born about 1646-1647), that Mr. Philip Bisse ("Phillip Bisse"?), defendant, came to Mr. Thomas Baker, plaintiff, about April 17, 1668 and demanded a hogshead of tobacco in Daniel Johnson's name, and that the said Thomas Baker asked him whether he had a note from the said Daniel Johnson for the same, replied that he had, whereupon the said Philip Bisse weighed the tobacco and marked it.^{281, 392, 393 & 412}

On September 8, 1668, Samuel Cressy (apparently the Sheriff) delivered a complaint to the named defendant, Thomas Baker, on a suit brought against him by Hugh Cavenagh ("Hugh Cavenaugh"? & "Hugh Cavender"?) for trespass and damages. The factual basis for the suit was not specified. Hearing before the court in Charles County, Maryland was scheduled for September 8, 1668. However, as Hugh Cavenagh did not appear in Court, the suit was dismissed on November 10, 1668. ^{392 & 393}

On April 10, 1671, when about 24-25 years of age, Hugh Caviner (Hugh Caverner”, “Hugh Cavenagh”?, “Hugh Cavenah”? & "Hugh Cavender"?) and a Joseph LeDuke, both of St. Mary's County, Maryland, proved their rights for 100 acres of land, “it being due to them for transporting themselves into this Province to inhabit”. They both executed an assignment which stated:

The above instrument was signed and sealed on behalf of both Hugh Caviner and Joseph LeDuke as neither man apparently could write his own name, and was witnessed by Robert Ellys (“Robert Ellis”?). On the same date, James Lewis, a planter, received 50 acres in consideration of his furnishing transportation to Elizabeth Thompson into the province. Still further, John Rawlings, merchant, received 150 acres of land for furnishing transportation to James Devill, William Thompson and Katherine Niver into the province and which he also assigned to James Lewis. Still further, and on the same date, James Lewis assigned the above 300 acres of land to Thomas Paine, who, in turn assigned the acreage to Robert Ridgely (“Robert Ridgley”? & “Robert Ridgly”?). ³⁷⁰

On February 27, 1679, the County Court of Westmoreland County, Virginia declared Ellianor Cavanagh ("Eleanor Cavanagh"?, "Elinor Cavanagh"?, "Ellianor Cavender"?, "Eleanor Cavender"? & "Elinor Cavender"?) to be a free woman. As it can be assumed that when she was declared to be a free woman, she had served her indenture time, that she was then married, and that she was also at least 18 years of age at that particular time and therefore must have been born prior to 1661. As the above Hugh Cavenagh ("Hugh Caviner” & “Hugh Cavender”?) was born about 1646-1647, he would have been about 32-33 years old at the time Elinor Cavanagh was declared a free woman.

It is to be noted that the law reiterated in October 1705 stated that indentured servants could get married, if the master approved. The law read as follows:

It is believed that Hugh Cavanagh eventually married an Elinor Sheridan (“Eleanor Sheridan”) shortly before she was declared by the court in Westmoreland County, Virginia to be a free woman, and that he died shortly before 1709. It is further believed that following the early death of Hugh Cavanagh, widow Elinor Cavanagh (“Elinor Cavender”) remarried an Eaches to become Elinor Eaches (“Elin Ereches” & “Elin Eaches”) who was mentioned in the Last Will and Testament of her father, John Sherdon (“John Sheridan”?”) which was probated in Lunenburg Parish, Richmond County, Virginia on June 1, 1709, as mentioned in greater detail hereinafter.

The above are the only evidence thus far found of anyone, except the above Hugh Cavenagh and Elinor Cavenagh, who could have been the parents of the following 7 minor children who were subsequently born during the years 1681-1690 after their mother was declared a free woman, and all of which were subsequently indentured. In fact, it appears that the youngest child, John Cavenagh (“John Caviner” & “John Cavender”?), was indentured when he was in his 60's.

The basis of assuming that the maiden name of Elinor Cavender was Elinor Sheridan is base on the fact that on June 1, 1709, the last Will and Testament of John Shordon ("John Shordon"?, “John Sherdan”? & "John Sheridan"?) was probated in Lunenburg Parish, Richmond County, Virginia and that Ellen Eroche (also “Eleanor Eaches”, “Elin Eroche”, “Elinor Eroche”, “Elinor Eaches” & “Eliner Eaches”) was the named Executrix, and in which Will he bequested to his godson, John Dunn, the son of Patrick Dunn, and he further bequested to his grandson and son of Elllen Eroche, Daniel Cavenner (“Daniel Caverner”?, “Daniel Cavener”?, "Daniel Cavener", “Daniel Cavenough”? & “Daniel Cavender”?) who was to receive either a "hat of a half-crown price" or “half of a half-crown piece”, and his daughter Ellen and her son John Cavenner ("John Caverner"?, "John Cavener"?, John Cavenough"? & "John Cavender"?) were to receive the remainder of his estate. ^{393 & Richmond Cnty, Va Will Bk 1, p.128-129}

On July 6, 1709, Eleanor Eaches (“Elinor Eaches”, formerly “Elinor Cavenner”) was ordered by the County Court of Richmond County, Virginia to present inventory of the estate of John Sherdon (“John Sheridan”). The order was discontinued on September 8, 1709 as she did not appear in Court, apparently because she was either too ill or the fact that she was then deceased, because an inventory of her estate was filed on June 5, 1710 by Samuel Peachey in the county court of Richmond County, Virginia.³⁹³

The children of Hugh Cavenagh (“Hugh Cavender”?) and Elinor Cavenagh (“Elinor Cavender”? & “Eleanor Cavender”?) who were born after she was declared to be a “free” woman on February 27, 1679 are believed to be as follows:

(i) THOMAS CAVENAH/THOMAS CAVERNER (“Thomas Cavender”?) born about 1681, was bound out to Thomas Banks of Northumberland County, Virginia, and died about 1719 in Richmond County, Virginia, at the age of about 38 years. An inventory of his estate was filed by Stephen Wells in Richmond County, Virginia on May 6, 1719, which is the very same date that the inventory of the estate of Daniel Caverner (“Thomas Cavender”) was filed and who is believed to be his brother.

The basis of establishing his date of birth is based on the fact that on July 25, 1697, Thomas Cavenah ("Thomas Cavender"?), then a servant to a Mr. Thomas Banks, was adjudged by the Court of Northumberland County, Virginia to be 16 years of age, and was ordered to serve as indentured servant according to law; ^{Records of Indentured Servants, etc. of Northumberland Cnty Va, p170, document 989}

In 1703, Thomas Cavenah (“Thomas Cavender”?) was claimed as a headright by Harry Beverley (“Harry Beverly”?) and John Smith in Essex County, Virginia.³⁹³

On either March 21, 1705 or March 21, 1706, a certificate was granted to Capt. George Eskridge for 450 acres of land in Northumberland County, Virginia for the importation of 9 persons, including Thomas Cavernott (“Thomas Cavender”?). ³⁹³

On July 6, 1710, the suit previously brought by John Crawly (“John Cralle”, “John Crawley”, “John Craley”?, "John Crauley" & “John Cralley) against Thomas Caverner (“Thomas Cavender”) in the county court of Richmond County, Virginia was continued until the next court. Apparently, on March 7, 1711, the suit was dismissed as the plaintiff did not appear to prosecute. ^{393 & 441}

On August 7, 1712, the lawsuit filed in the county court of Richmond County, Virginia by Henry Halso against Thomas Cavener (“Thomas Cavender”) for a debt owed to him by Thomas Cavener was dismissed. ³⁹³

On April 1, 1719, Gilbert Metcalf, William Smith on the hill, William Smith by the pond and John Grower were appointed by the Court of Richmond County, Virginia to appraise the estate of Thomas Caverner ("Thomas Cavender"), deceased, which was to be administered by Stephen Wells who made oath that Thomas Caverner died intestate. Security bond was posted by Samuel Bayley (“Samuel Bailey”?) and John Simons (“John Seamen”?). Gilbert Metcalfe (“Gilbert Metcalf”?), William Smith by the ponds, William Smith on the hill, and John Gower were to do the appraisal of the estate. ^{Richmond Cnty Va Order Bk 8, p. 91}

On May 6, 1719, Stephen Wells was named the administrator of the estate of Thomas Caverner (“Thomas Cavender”) in Richmond County, Virginia;

(ii) WILLIAM CAVENAH/WILLIAM CAVENDER (“William Cavenah, Sr.”?, “William Cavinah”? & “William Cavender”, Sr.) also born about 1680-1681, was bound out to William Wildy in Northumberland County, Virginia, married a Turbevile or Turbeville, and apparently died prior to 1719 at the age of about 38-39. (See later entry regarding the son of William Cavenah/Cavender where the surname of his son was written as CAVENDER, not Cavenah.

The basis for establishing his date of birth is based on the fact that on August 18, 1697,a William Covenah (William Cavenah in a marginal note), then a servant to William Wildy, was adjudged by the Court of Northumberland County, Virginia to then be 16 years of age, and was ordered to serve as an indentured servant according to law;^{Records of Indentured Servants, etc. of Northumberland Cnty Va, p171, document 993}

Both he and his wife apparently deceased prior to 1719 because, on December 1, 1718, Gilbert Turbervile (“Gilbert Turbeville”? & “Gilbert Turberville”) of St. Mary's County, Maryland (“St. Mary’s County, Maryland”) executed his Last Will and Testament and which was probated on June 15, 1719. In his Will, he left his entire personal estate to his grandson, William Cavinaugh ("William Cavenaugh"?, “William Cavenner”?, “William Caverner”?, “William Cavener”?, "William Cavener", “William Cavenough”? & "William Cavender"?), bequested 10 pounds to St. Innigoes Church, and bequested 10 shillings to his granddaughter, Margaret Cavinaugh ("Margaret Cavenaugh"? & "Margaret Cavender"?). Vitus Harbert was appointed the guardian of William Cavinaugh and Margaret Cavinaugh as their parents were then deceased.³⁹² Thus, William Cavenah and his wife had at least 2 children:

On August 8, 1741, William Cavenough ("William Cavenaugh"? & "William Cavender"?) and Mary Cavenough ("Mary Cavenaugh"? & "Mary Cavender"?) witnessed the execution of the last Will and Testament of Charles Sewall (“Charles Sewal”?) of St. Mary's County, Maryland.^{392 & 441}

On May 13, 1751, in the Last Will and Testament of George Clarke ("George Clark") in St. Mary's County, Maryland, it was stated that William Cavenough (“William Cavenah”? & "William Cavender"?) was the previous seller of land to the said George Clarke.⁴¹²

On ____ 8, 1767, an accounting of the estate of W. Garland, deceased, was filed in the Court of Richmond County, Virginia by executor Griffin Garland and a William CAVENDER (exact spelling) was listed as a debtor; and,

(iii) ELLINOR CAVENOH (“Ellinor Cavenah”?, "Eleanor Caviner"?, "Eleanor Cavener"?, "Eleanor Cavenough"?, "Eleanor Cavenaugh"?, "Elinor Cavender"? & "Eleanor Cavender"?) born about 1682-1683. The basisand for establishing her date of birth is the fact that on January 31, 1699, she was then an indentured servant to William Carruther ("William Caruther"?) and was adjudged by the Court of Westmoreland County, Virginia to then be 16 years of age and ordered to serve according to law.^{Westmoreland Cnty, Va. Order Bk 1698-1705, p 69a & 112}

It is to be noted that, on September 27, 1704, William Graham made oath in the Court of Westmoreland County, Virginia claiming 8 headrights for importations into this Colony, one of whom was an Elleanor Cavano (“Ellinor Cavenoh”?, “Ellinor Cavenah”?, "Eleanor Cavender"? & "Elinor Cavender"?). The so-called “Headrights” were assigned to George Eskridge who was buying up several land certificates at the time. And, in 1705, an Eleanor Cavano (“Eleanor Cavender”?) was claimed as a headright by Augustine Smith for land in Essex County, Virginia.)^{393 & Westmoreland Cnty Order Bk, p 243a & 393}

On April 5, 1722, Ellinor Caverner (“Ellinor Cavenah”?, "Elinor Caverner", "Eleanor Caverner", "Eleanor Cavenogh"? "Eleanor Cavenaugh"?, "Ellinor Cavender",? "Elinor Cavender"? & "Eleanor Cavender"?) of Richmond County, Virginia was on a long list of persons presented by the Grand Jury that were summoned into court as evidence against Thomas Twinley.⁴⁴¹

On June 6, 1722, the Court in Richmond County, Virginia ordered the Sheriff to summon Ellinor Caverner (“Elinor Caverner”, “Elianor Caverner”, “Eleanor Cavender”, “Ellinor Cavender”? & “Elinor Cavender”?) to the next session of the county court of North Farnham Parish, Richmond County, Virginia, together with a servant belonging to Moore Fartleroy ("Moore Fauntleroy" & "Moore Fantleroy"), to answer presentment of the grand jury against her for have a bastard born child, by report to be a mullato contrary to law. On the same date, judgment was granted by the Court in Richmond County, Virginia to John Calley (“John Crawley”, "John Cralley", “John Caley”? & "John Crauley") against the estate of Francis Caverner, deceased, in the hands of Johannah Caverner, administratrix of the descendant’s estate, for six thousand and eight hundred thirty seven pounds of tobacco due upon balance of a bill which is ordered to be paid out of the estate of said descendant with costs. Also on the same date, a court order was issued by the Court in Richmond County, Virginia ordering that Thomas Twinley be taken into custody and that the Sheriff give notice to Moore Fartleroy (“Moore Fauntleroy”) and William Smith to have their Negroes Jack, Peter and Opher at the next court concerning the said Thomas Twinley. ^{441 & Richmond Cnty Va Order Bk 9, pgs 50 & 51}

On May 6, 1724, she was again summoned into the Court of Richmond County, Virginia to answer a "presentment" of having a mulatto baseborn child. ^{Richmond Cnty Va Order Bk 9, p. 150}

And, on July 1, 1724, she was finally appeared before the grand jury in the Court of Richmond County, Virginia on the charge of having a bastard child, who plainly appears to be a mulatto, and she now appears in Court with her child which plainly appears to be a mulatto, it is therefore ordered that after her time has expired with her present master, that she pay 15 pounds of current money to the church wardens of North Farnum Parish ("North Farnham Parish") of Richmond County, Virginia, or that she be sold by them for 5 years to the use aforesaid. And it was further ordered that after she serves her present master or his assigns after her time now due to him is expired 1 whole year in consideration for the trouble to his house for her having the said child.^{441 & Richmond Cnty, Va Order Bk9 p 164}

It is to be noted that she may have subsequently married a Barnsby and moved to Fairfax County, Virginia. This conclusion is based on the fact that on May 7, 1755, a John Cavener ("John Cavenor"? &"John Cavender"?) of Fairfax County, Virginia, believed to be her nephew, executed his Last Will and Testament in Fairfax County, Virginia in which he left to Elenor Barnsby("Eleanor Barnsby", "Eleanor Barnsby" & "Elinor Barnsby"?) all his personal estate and appointed her as the Executrix. His Will was witnessed by William Grove, George Simpson and Peter Smith, Jr. He apparently died in Fairfax County prior to May 20, 1755 as it was on that date Eleanor Barnsby filed an affidavit in court requesting that the above Will of John Cavender be probated, and which was "proved" on May 30, 1755. An appraisal of the estate of John Cavener was filed on June 17, 1755 by James Ingoe Dozier (“James Dozier”), Richard Brown and George Landman. It is possible that Elinor Barnsby was the aunt of the deceased John Cavender and that she was the person who had a mulatto child earlier, had subsequently married and moved to Fairfax County, Virginia, or that she was the Elinor Eaches who had subsequently remarried to a Barnsby,, and hence was the grandmother of John Cavender.

(iv) FRANCIS CAVINER/FRANCIS CAVERNER/FRANCIS CAVENAUGH ("Francis Cavender"?) born about 1681-1682, lived in Richmond County, Virginia, and who died in either 1721("Old Style" calendar) or 1722 ("New Style" calendar) at the age of 39 years, leaving a 1-2 year old son named John Caverner ("John Cavener"?, “John Cavenough”?, “John Caviner”? & "John Cavender"?). ⁴⁴¹ Actually, his widow applied for administration of his estate about April 2, 1722 and an inventory of his estate was filed in Richmond County, Virginia on May 2, 1722. The so-called “New Style” Calendar became effective on January 1, 1751 and which was revised in order to compensate for earlier miscalculations. Thus, in 1752, the new year began on January 1 for the very first time. Previously, the year began on March 25. Therefore all dates before that day (that is, January 1-March 24, inclusive, of each year) would bear the date of the previous year. The so-called Gregorian Calendar was first adopted in Europe in 1582 and was later adopted in the British Colonies in on January 1, 1751.