2) Lawrence Mizell
(1651 – 1696 in North Carolina)
Married: Bethinia [?] about 1678
Children:
4) Luke III (born about 1680 Surry County Virginia)
5) William (born about 1682 Surry County Virginia)
6) Mary (born about 1685 Surry County Virginia)
More about LAWRENCE MIZELL
Lawrence Mizell was born in Virginia south of the James River about 1651, in what was to become Surry County a year later. There is no evidence of a birth certificate or other record of his birth, but this can be inferred from records of the Surry County Court after his father’s death, when he was receiving portions of his father’s estate.
The tithables list for Southwarke Parish of Surry County prepared in June 1669 by William Marriott includes “Luke Mizell and Sonn”. Those people taxed included males over the age of 16. Based upon later records filed with the Surry County Court, this son was Lawrence, who would have been about 17 at the time.
Life with a Guardian
Lawrence’s father Luke I died in 1670, when he was about 19. Since he was over the age of 14, he was allowed to choose a guardian. The guardian was a male in the community whose duty was to manage the orphan’s property until he turned 21, and who had to post a bond with the Court to ensure this was done. The term “orphan” in the court records had a different meaning then, namely one under age 21 whose father was deceased (but whose mother could still be alive). The guardian was not responsible for housing or feeding the orphan.
On March 5, 1672 Lawrence filed a certificate with the Surry County Court saying that he had received whatever legacy that had been left to him following his father’s death [Surry County Deed Book 1, p. 404]. This certificate would have been legally necessary to relieve his guardian of further responsibility for his affairs, and would relieve his guardian of the bond that had been posted with the court. This further suggests that Lawrence has turned 21 in 1672.
Bacon’s Rebellion
In the mid-1670s, the Indians in western Virginia were increasingly hostile to the settlers. Pleas were made to the Virginia Governor for more protection and reforms to colonial policies. When he refused, Nathaniel Bacon led a force against the Indians in 1676, and repelled them. He and his militia then confronted the Governor and asked for reforms, but were turned down. Bacon then captured Jamestown, and burned it to the ground. This became known as Bacon’s Rebellion, and ended when Bacon was killed and his militia dispersed. In the aftermath of this rebellion, on December 1, 1677 a deposition of Lawrence Mizell, “aged 26 or thereabouts”, was taken concerning Thomas High’s statements about Col. Thomas Swann’s conduct during Bacon’s Rebellion [William and Mary College Quarterly, Vol. 11, No. 2, p. 81].
Citizen in early Virginia
Various judgments for debts are recorded against Lawrence Mizell in the Surry County Court Orders 1671-91, p 234 and 251.
From the tithables that occurred in Surry County every June between 1677 and 1681, it appears that Lawrence Mizell is living on or near the land previously belonging to Luke I, and that Luke II, still a minor, is living in Southwarke Parish, “from Sunken Marsh upward” (Upper Chippokes Creek), which is some miles away.
The Surry County Tithables for June 1682 indicates that Lawrence was living in the Southwarke Parish where the inherited land belonging to his brother Luke II was located.
On December 19, 1687, a list of the militia members for Southwarke Parish in Surry County is published, including 314 men. By order of the Governor a few weeks later, the freemen not maintaining separate households are removed from the list, reducing the number to about 200 men. Lawrence Mizell is retained on the second list, indicating that Lawrence (who was not a freeholder) must have been maintaining a separate household, and thus was likely married.
In 1688, the Glorious Revolution occurred in England, when the Catholic King James II was removed, and Parliament asserted its right to control succession to the throne. In 1689, Parliament passed the Bill of Rights, which banned Roman Catholics from the throne, and made it illegal for the monarch to suspend laws or levy taxes without Parliament’s consent. James’ daughter Mary, who was a Protestant, and her husband William of Orange (William III) were encouraged by the people to take control in England, and this rule was extended to Scotland and Ireland. This dramatic change of rule in England in 1688-1689 was encouraging to settlers in Virginia, who hoped for more progressive government.
Moving out of Virginia
The tithables for June 1689 and June 1690 both list Lawrence Mizell as living in Southwarke Parish. June of 1690 is the last year for Mizells appeared on tithables in Surry County, Virginia.
On January 5, 1690, deeds are recorded in Surry County when Lawrence receives 100 acres from his brother Luke II from a land swap with Robert Warren. This new ground is along the north bank of the Blackwater River, on the edge of Indian Territory.
On April 4, 1690, Lawrence Mizell is cited in claims filed with the Court by creditors who are unable to locate him. Apparently he has left Surry County. If Lawrence Mizell was in the process of moving to North Carolina, the most practical way was by boat. His livestock and furniture would have been impractical to move by boat, and certainly impractical to move over land through Indian Territory. If he was in the process of moving, this could explain the rush of creditors to attach his property. So it is possible that he merely allowed his belongings to be claimed by creditors in Surry County.
North Carolina was the Frontier in 1694
On July 11, 1694, a land survey is ordered in Chowan Precinct, North Carolina to lay out 250 acres of land for William Charlton for the importation of five people: Lawrence, Bethinia, Luke and Ellinor Mizell and William Charlton. The survey was completed by June 13, 1695 and the land grant is dated February 25, 1696.
Death without a Will
On December 3, 1696, a petition was filed with the court in Chowan Precinct, North Carolina by William Brethit and Bethinia his wife to administer the goods and property of Lawrence Mizell deceased. Lawrence died “intestate”, that is without a will, and Bethinia would be the nearest kin and the nearest in succession of heirs under the law. The Bethinia listed in this petition must have been the wife of Lawrence, who must have died earlier that year. Lawrence would have been about 45 at the time of his death.
On October 24, 1697 a survey is ordered for Thomas Clark in Chowan Precinct North Carolina for the importation of ten people, including William Mizell and Mary Mizell. These are likely both children of Lawrence Mizell.
On October 2, 1703 Luke Mizell of North Carolina records the sale of 100 acres of land to James Byneham of Surry County, Virginia. This is the same land that Lawrence Mizell acquired from his brother Luke II in January 1690. This is evidently Luke Mizell III, who is the son of Lawrence.
Thus Lawrence Mizell apparently had three children, named Luke III, William, and Mary Mizell.
3) Luke Mizell II
(1660 – 1693 in Surry County Virginia)
Married: Elizabeth Marriott about 1683
Children:
7) Elizabeth (born about 1684 Surry County Virginia)
8) Sarah (born about 1685 Surry County Virginia)
More about LUKE MIZELL II
Luke Mizell II was born about September or October 1660 in Surry County, Virginia. There is no evidence of a birth certificate or other record of his birth, but this can be inferred from records of the Surry County Court after his father’s death, when he was assigned a guardian until he reached the age of 21, and could receive portions of his father’s estate.
The tithables prepared by Benjamin Harrison for Upper Chippokes Creek in June 1681 listed Luke Mizell and others as being apprenticed to John King, who is described as a “cooper” in other court records. Thus it appears that Luke Mizell II learned to be a cooper by age 21, and there is evidence that he practiced this trade and left cooper’s tools as part of his estate.
Turning 21
On November 1, 1681, a petition was filed with the Court ordering William Foreman, guardian, to pay Luke Mizell II his estate, since he is now of “full age”. This would indicate that Luke II has just turned 21, and is now able to assume full responsibility for the land left to him by his father. We can conclude that Luke II was probably born in September of October 21 years earlier, namely in the year 1660.
On December 31, 1681, Luke Mizell II acknowledges in Court that he has received from William Foreman 5,600 pounds tobacco, nine head of cattle, and other property left to him by his father. About this same time, William Foreman records with the Court that his bond as guardian to Luke II has been ended.
Land Owner
The Surry County Tithables for June 1682 indicates that Luke II is living in the Southwarke Parish where his inherited land is located. Luke II, as the landowner of record, is listed before his brother in the tithables. This would also indicate that Luke II has moved from the Upper Chippokes Creek area back to Southwarke Parish.
On March 4, 1683, Luke II sells 50 acres of his 150 acre land to Bartholomew Brittle. However, in October of 1690, when Luke trades this land, he is still shown as owning 150 acres, suggesting that the previous land surveys had underestimated the amount of land he received from his father.
In May of 1687, Luke Mizell II served on a jury for the first time. As a freeholder who owned at least 50 acres, he would be eligible to serve on juries. He would have been about age 26 at the time.
Service in the Virginia Militia
On December 19, 1687, a list of the militia members for Southwarke Parish in Surry County is published, including 314 men. By order of the Governor a few weeks later, the freemen not maintaining separate households are removed from the list, reducing the number to about 200 men. Luke Mizell was retained on the second list, confirming that he was a “freeholder”.
The tithables for June 1689 and June 1690 both list Luke Mizell as living in Southwarke Parish. June of 1690 is the last year for Mizells appeared on tithables in Surry County, Virginia.
On January 5, 1690, deeds are recorded in Surry County when Luke Mizell II traded his 150 acres in the more settled part of the county for 350 acres owned by Robert Warren. This new ground for Luke II is several miles to the south, along the north bank of the Blackwater River, on the edge of Indian Territory. On the same date, he grants 100 acres to his brother Lawrence, and another 150 acres to James Bynham (Bynum). He sells another 50 acres, and keeps only 50 acres for himself. It could be that he does not need more land than this, because he is practicing his trade as a cooper.
Death at age 33
On July 4, 1693 a nuncupative will is recorded for Luke Mizell II granting his land and one red heifer after the death of his wife Elizabeth to his daughter Eliza. His daughter Sarah is to receive one red cow and one black heifer. This type of will was typically given orally by someone in his “last sickness”. Thus it appears that Luke II has died in May or perhaps June 1693. Since he does not appear on the Surry County tithables after the year 1690, it is possible that he has traveled to where ever his brother Lawrence has gone, and then returned to Surry County shortly before his death. This will further indicates that Luke II had no sons. He would have been about 33 at the time of his death.
Eliza (or Elizabeth) Mizell, wife of Luke II, marries Robert Hill sometime between September 1693 and January 1694.
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