I don't know what the family connection is, if any, but the records below show that Philip Mallory was guardian to Thomas Oldis.This Thomas Oldis was the son of the Thomas Oldis whose estate was administered by Thomas Burbage (see my prior post).Of interest is that Philip Mallory was married to Catherine Batte, sister of John Batte d. 1652/1653 (who married Martha Mallory), William Batte and Henry Batte.The record also shows that a Mr. William Batte served as an arbitrator in the case.Certainly, this is the William Batte that was Burgess of Elizabeth City Co., VA in 1658/59.
The following records are from Northumberland Co., VA.
Northumberland Co., VA:July 16, 1658.Mr. Mallery [Mr. Phillip Mallory], Guardian to Thomas Oldis, Execucon agst. Capt. Streater.Whereas it was ordered at a Quarter Court held at James Citty the 17th day of March 1657 that the difference depending between Phillip Mallory, Clerk, Guardian of Thomas Oldis, & Capt. Edward Streater, whoe married the Relict of Coll. Thomas Burbage deced., should by consent of parties be referred to ye arbitracon of Messrs.Wm. Worlick, Capt. John Powell, Mr. William Batte & Richard Bull, within ten days after the expiracon of the sd. Court & in case the sd. Arbytrators disagreement that they to chouse an Umpire whose Umpirage should be finall ( ) thereof & if the sd. Capt. Streater should not appeare upon sufficient notice given him by the sd. Mr. Mallory, then the Arbytrators to proceed upon the Accompt delivered to them by the said Mr. Mallory; And Whereas the sd. Capt. Streater notwithstanding notice given him according to the sd. Order, made no appearance; the sd. Arbitrators having p:ceded in the Arbitracon & did thereby award that the sd. Capt. Streater should satisfie & pay unto the sd. Mr. Mallory the quantity of 25,250 lbs. of Tobco: & 28 barrells of Corne, as alsoe to deliver unto the sd. Mr. Mallory all the cattle ( ) & being upon the Planatations at Ke( )wicocomoco male & female included sold by Mr. George Colclugh & ( ) deliver unto the sd. Mr. Mallory Ele( ) of soe many Sheepe sold by the sd. ( ) part of all the moveables according ( ) of Mr. Tho: Oldis deced., & Inventory ( ) the time of his decease; & that the ( ) should pay all costs expended in the ( ) Capt. Streater hath altogether ( ) thereof according to the tenr. of ( ) the Quarter Court bearing date ( ).These are therefore according to the ( ) named of His Highness, the Lord ( ) to make seizure & de( ) as also to make ( ) Estate of the sd. ( ) for the sd. 25250 lbs. of ( ) part of the moveables ( ) suit & after valuab( ) sufficient men accordi( ) to the same into ( ) without baile ( ) yor: p:rll; Given and ( ) 1658 To ye Sherriffes of Nan( ) [Nansemond], Yorke, Elizabeth Citty, North( ) & Lancater Counties or their Deputies.16th July 1658.This ( ) was recorded.
Northumberland Co., VA:Mr. Mallory’s Attorns: Rect. To Mr. Aston.Reced. Ye 16th of July 1658 of Mr. Peter Ashton, High Sheriffe of Northumberland 35 head of Cattle vizt., two steares [steers] of 6 yeares old,…; I say reced. by the appointmt. of Phillip Mallory, Clerk, Guardian to Thomas Oldis, p mee.John Lear.16th July 1658.This Rect. was recorded.
Northumberland Co., VA:Be it known unto all men by these presents that I Phillip Mallory, Clerke, Guardian to Thomas Oldis, doe hereby constitute ordaine & appoint my loving Friend, Mr. John Lear, my true & lawfull Attorney for me & in my name to act as Guardian in managemt. & p:socuson of the execucon lately obtained against Capt. Edward Streater and upon receipt of the same or any pt: thereof to give discharge or discharges if occasion require & whatsoever my sd. Attorney shall lawfully doe in my name I doe hereby ratifie confirme & ( ) unto my sd. Attorney shall lawfully doe in my authority in the pr:misses; Witnes my hand & seal this 27th day of June 1658.Signed in pr:sence of John ( ), Roger Mallory.Phillip Mallory ye Seale.16th July 1658.This Lre. of Attorney was recorded.