lSurry County was formed in 1652 from the part of James City County that lay south of the James River.
Note on Surry Records
Surry County has some of the best-preserved county records in all of Virginia, though all of the parish records for its two parishes have been lost. The earliest records (August 1652 to March 1672) are combined into a single book, referred to below as “Deed Book 1”. There are conspicuously missing records in that volume – including all wills and nearly all other estate-related records, which may have been recorded at the court across the river at the capital of Jamestown rather than in the local court for Surry County. Beginning in late 1671, the records are separated into books of court minutes and “deeds, wills and miscellaneous” records. Deed books 2 and 3 have partially unreadable indices, and some later books have no indices at all. I have converted dates into the modern form.
- The records below are from original sources except where explicitly noted.
- Those segments enclosed in quotation marks are direct transcriptions.
- Other records are abstracted in order to make their meaning clear and save space.
- A few records of no genealogical value are omitted.
- All dates are converted to the modern form
1630
Approximate arrival in Virginia of John Bishop, according to testimony in 1652 by his father-in-law Thomas Mason. See the item at 24 September 1652.
This is not “Captain” John Bishop of Charles City County. Rather the John Bishop of James City (Later Surry) County. He appears ot be the first Bishop to arrive in Virginia. Caution: Thomas Mason’s estimate of 22 years in Virginia as of 1652 may not be accurate. I note that among the many examples of faulty memories is George Menefie’s statement of his arrival in Virginia which was off by three years.
6 July 1635
Passenger list “in the Paule of London Leonard Butts M’r bound for Virginia” departing from Gravesend (the port of London): …Jo: Bishopp (age 23)… [John Camden Hotten, The Original Lists of Person of Quality (London, 1874: Reprint 1931), p103.]
Passengers lists for vessels leaving London in 1635 were fortuitously preserved — They document only a tiny fraction of immigrants, as lists for thousands of other ships leaving in other years are lost. Of the 115 pasengers, only 5 were identified as “John” while 13 were listed as “Jo”. Although we might usually assume “Jo” was shorthand for “Jonathan”, that ratio suggests that the name was “John” Bishop.
Was this the John Bishop of Charles City County or the John Bishop of James City County? Or someone else altogether? An arrival in 1635 is inconsistent with Thomas Mason’s statement that his son-in-law had been in Virginia since 1630 — unless it was his second voyage. It is also inconsistent with Thomas Gray’s patent (see below) issued just seven months later which claimed John Bishop as a headright — the patent process not only took months to complete but headrights at this time were required ot have survived for three years in Virginia. Therefore this is surely not the same person as Jon Bishop in the Gray patent below, as the voyage took 6 to 8 weeks and the time to obtain a certificate and process a patent meant that Gray’s servant had been in Virginia long before this ship left London.
If this is the John Bishop of Charles City County, then it places his birth year about 1612.
27 Aug 1635
Land Patent: Thomas Gray, 550a. in James City County, on the south side of the Main River over against James City, adjoining on the East to the plantation now in his possession and to the land of Captain Perry, running along by Rolfe’s Creek and South into the woods upon Cross Creek. 100a. due as an Ancient Planter at or before the time of Sir Francis Dale; 50a. due for first wife Annis Gray; 50a. for now wife Rebecca Gray; and 350a. due for transportation of his two sons, William Gray and Thomas Gray, and five servants: Jon Bishopp, Robert Brown, Robert Welsh, Luke Misle, and Jonathan Banks. [Virginia Patent Book 1, p283]
This patent is for land in Surry County on Grays Creek (then called Rolfe’s Creek) and located only about two or three miles west of Tappahannock (Crouches) Creek, where John Bishop had a patent six years later (see below).
Is “Jon Bishop” the same person as “John Bishop”? It’s possible but not certain. “Jon” was typically shorthand for “Jonathan” while “Jno” was shorthand for “John”. Both this and the second version of the patent clearly record the name as Jon. For what it’s worth, John B. Boddie, writing in his book Colonial Surry, assumed that Jon Bishop and John Bishop as the same person.
If this is indeed the same John Bishop, an importation date about 1630 is reasonable, as headrights were supposed to have survived three years before a certificate could be obtained, and the process of obtaining a patent took a year or two. Servants were typically young and unmarried. We know he was of age in 1638 and probably a few years earlier considering the time it took to lay out a claim, obtain a survey and a headright certificate, then apply and receive the patent. So we might guess at a birth year in the 1605-10 range.
26 May 1638
Land Patent Reisssue: Thomas Gray, 550 acres in James City County — a duplicate of the 1635 patent with the names of one wife and the five servants with a few names rendered differently (but “Jon Bishopp” was unaltered). There must have been a new survey of the land as it now refers to Thomas Swann’s adjacent patent. [Virginia Patent Book 1, p631]
All of the patents in Book 1 are copies – the originals were copied into the book in 1683 and the originals were since lost. The same clerk entered both of Gray’s patents and obviously had trouble reading his predecessor’s handwriting since teh two patents and the names differ slightly.
This patent was a reissue of the 1635 patent, likely motivated by politics — Governors in the 1630s were charged with malfeasance and forced to return to England. Gray was probably being prudent in getting the right signature on his patent.
9 November 1638
Patent: John Bishopp, 150 acres “being in the Countie of James Cittie (vizt) at the head of Tappahannock Creeke northerly upon a path westerly towards a reedy swamp, easterly towards a sunken marsh and southerly into the woods… Due unto him the said John Bishopp by and for transportation of three p’sons into this Colony…” (listed below the body of the patent as) John Tompkins, John Bonner, John Wright. [Virginia Patent Book 1, p604.]
This patent was located northeast of the present-day small town of Surry. Tappahannock Creek was renamed Crouch’s Creek.a few years later, for Thomas Crouch, who had a patent dated the day after Bishop’s that may have bordered this one. Incidentally, the patent to Thomas Crouch was for importation of James Mason (see below), among others.
The creek rises in central Surry County just northeast of the small town of Surry and flows roughly northeast about 5-6 miles, emptying into the James River almost directly across from Jamestown Island.
1639
Viewers of tobacco crop for 1639 appointed by the Assembly: For James City County: “…From Smith’s Fort to Grindome’s Hill: Mr. Thomas Swan, John Bishopp, William Mills.” [The Virginia Magazine of History & Biography, Volume. 5, No. 2 (Oct. 1897), p120.]
This has been erroneously attributed to Captain John Bishop of Charles City County, but it clearly refers to this John Bishop residing on Crouches Creek near to Grindall’s Hill and Smith’s Fort on Grays Creek. Viewers of tobacco were “men of experience and in dignity for the viewing of each man’s crop of tobacco”, charged with validating the quality of tobacco. It seems unlikely that a man imported as a sservant a few years earlier could have risen to that status, but it’s possible.
1 March 1640/41
Land Patent: Philipp Clarke, 300 acres in James City County on the south side of the James River two miles from the river side… being a triangular piece of land southerly upon the land called the College Land… northerly upon the Reedy Swamp and the head of John Bishopp’s land being bounded by marked trees… [Virginia Patent Book 1, p770.].
This and the patent below refer to the land of the missing patent of 4 July 1641 that was renewed by John Bishop Jr. in 1657. Note that it places Bishop’s land less than two miles south of the river.
4 July 1641
Land Patent: John Bishopp 300 acres “lying and being in James City County bounded Westerly upon the land of Thomas Crouch for breadth 150 poles, South by West into the woods for length 320 poles, northerly upon the Land of George Powell being bounded round with marked Trees”. [Quotation taken from the patent at 25 March 1658/9.]
This patent is not in the patent books. See the patent at 25 March 1658/9.
22 May 1642
Land Patent: Jeremiah Gray, 150 acres in James Cittie County on the southerly side of the James River “bounded (vizt) northerly upon the head of the Land of Mr. Grendall called the old forte and Grindalls hIll, southward by west into the woods between the land of John Bishopp and the Land of Mr. Ewin called by the name of the Colledge land for length one hundred and sixtie poles…” [Virginia Patent Book 1, p775.]
This and the above patent to Clarke both refer to the missing patent of 4 July 1641 that was renewed in 1657. The patent may have been overlooked when the originals were copied into Patent Book 1.
In 1620 an Ancient Planter named Edward Grendon (sometimes Grendall) had patented 150 acres across the river from Jamestown and about two miles down Gray’s Creek (then called Rolfe’s Creek). His acreage included a hill and cliff above the water where Capt. John Smith had built a fortification in 1608. Smith left for England in 1609 and the fort was abandoned, but the property was referred to for the next few decades as the site of the “old fort”. In 1924 archaeologists uncovered what is believed to be the remains of the fort about two miles down Gray’s Creek.
Grendalls Hill was inherited by Thomas Grendon, who sold it to George Evelin, who gave it to his son Monjoy Evelin. Monjoy Evelin’s patent of 1651 included the 150 acres of Edward Grendon plus other lands. Note the lawsuit in 1655 regarding land George Evelin gave to his daughters that apparently encroached on the John Bishop patent — or vice-versa.
16 October 1645
Land Patent: John Bishopp, 891 acres “lying in the Countie of James Cittie and lying at the head of Mr. David Jones Creeke bounded (vizt) East North East from Mr. Hoes uppermost plantation and 105 chaines to his corner tree thence along the marked trees 80 chaines South South East [etc. etc.] …to the head of the creeke 160 chaines and soe bounded with the creeke to the pace where it begann.” for transportation of 18 persons the last of whom was “John Bishop his wife“.
“This patent is renewed in the name of Capt. Thomas Swann the 8th of April 1650.” [Virginia Patent Book 1, p915-6.]
This land is on the north side of the James River, not in the part that became Surry County. (it was not in Charles City County until the boundary was altered in 1720.) “Mr. Hoe” was Rice Hoe, who had patents adjacent to David Jones in James City County in 1639 and 1643. David Jones Creek is now called Kennon Creek and is now in Charles City County.
This is probably the John Bishop living in or near Buckland in Charles City County. However, note that Thomas Swann also had land adjacent to tThomas Gray in Surry. It’s immaterial though, because John Bishop apparently sold it to Swann shortly after claiming it.
20 October 1646
Land Patent: Col. Henry Bisshop, 1,200 acres in James City County. “on the south side of James River commonly called by the name of Lower Chipoak, being in the county of James City bounded as follows (viz’t) northerly upon James River, easterly upon Chipoaks Creeke, westerly upon Sunken Marsh and southerly upon the land of William Carter and William Newsum…” Due said Collonell Bishop as followeth: 600 acs. part of a patent granted to Capt. William Powell, which land descended to George Powell, son & heir to sd. Capt. Powell, since deceased & afterwards for want of an heir was escheated, then granted to Sir William Berkeley, by whom it was assigned with the rights thereunto belonging to Col. Bishop, & 600 acs. for trans, of 12 pers: Col. Henry Bishop, Willm. Martin, William Mason, Margaret Thompson, Nicholas Chilman, Robert Arey, Wm. Wheatley, Grace Aldersey, Tho. Spincke, Tho. Ludwell, Jno. Soaper, Tho. Price. [Virginia Patent Book 2, p81.]
This is in Surry County less than two miles east of John Bishop, though the two men are almost certainly unrelated. Henry Bishop (1605-1692), of Henfield in West Sussex, only spent abou two years in Virginia. He acquired the rank of Colonel while serving the Royalist cause during the Civil War and refugeed to Virginia. He actually had left Virginia a few months before the Governor signed the patent, and reconciled with Parliament. Read more about him here.
20 February 1647/8
Wm. Batt bill of sale to Jno. Bishop “one Cowe being Red mked with fower markes in each Eare…” which formerly belonged to Wm. Ewen for a certain consideration already received for the use of the sd. Wm. Ewen. Witness: John Jennings, Wm. Lea. Recorded in Surry County in March 1652/3 [Surry County, Virginia Deed Book 1, p23.]
16 November 1648
Land Patent: John Spiltimber, 100 acres in James City County lying about 1/4 mile above the head of Smith’s Fort Creek bounded westerly upon land of John Corker, southerly upon a swamp that pats it from the land of Thomas Warner… 50 acres purchased from William Coffer and 50 acres for transportation of Dorothy Bishopp. [Virginia Patent Book 2, p183.]
Probably a coincidence, but this land is within walking distance of the 1638 and 1641 patents to John Bishop.
17 April 1649
Land Patent: Roger Nicholls, 150 acres in James City County south side of James River and a mile from the river bounded NWxW on the land formerly Thomas Crouch’s… NE on land of John Seanor… SExE on land of John Bishop… [Virginia Patent Book 2, p164.]
6 June 1650
Land Patent: Roger Nicholls, 300 acres in James City County being the same land granted in q March 1640/1641 to Philipp Clarke “and deserted for want of seating” It uses the same survey description e.g. “the head of John Bishop’s land being bounded by marked trees”… [Virginia Patent Book 2, p220.]
9 April 1651
Land Patent: John Bishop, 300 acres “lying upon the South Side of Upper Chipoaks Creeke Commonly called by the Name of Swan Bay, the bounds as followeth: from the Creeke into the woods 320 perches, South East along the Creeke upwards 150 perches, South South West at the head into the woods, South South west (sic). the said Land being due unto the said John Bishopp by and for the Transportation of six persons into the Colony… (listed below the patent) John Bishopp, Eliza. Bishop, Mary Bishop, 1 negro wench, Ann Ingleton, Jno Bishop Jun’r. [Virginia Patent Book 2, p323.]
This is the other John Bishop living in Charles City County. Note that this is not the same patent that was renewed by John Bishop Jr. in 1658 – and therefore this does not appear to be the same John Bishop who has been ensconced for the last 15 years downriver around Crouches Creek. This patent is for land a dozen or so miles upriver just inside Surry County. Upper Chippoakes Creek formed the border between Surry County to the east and Charles City County (later Prince George) to the west. Swann’s Bay, which was mentioned in a number of patents of the period, was the bay at the mouth of Upper Chippoakes. Exactly where this tract was located is unknown, as no neighbors are mentioned in it and no other patents mention Bishop’s land. There are also multiple locations south of the creek with a border running southeast.
The names following the patent are arranged in pairs with brackets on the right side: the first two, the next two and the last two. Since this is a copy of the now-lost original patent, this arrangement may not be significant. Note the spellings of Bishop and Bishopp in the same document.
23 July 1652
Claims resulting from the seizure of the ship Golden Lion of Middleburgh, Zealand, Holland, master John Jasperson, while at anchor at Pagan Creek in the James River. The ship was seized in late 1651 by Captain Jesson, master of the ship William and John of London. assisted by two other English ships, for violation of the act of 3 October 1660 prohibiting foreign trade. In a dispute over disposition of the cargo, a number of shippers listed their losses: Nicholas Smith, 31 hogsheads of tobacco; John Bishop, 17 hogsheads; John White, 8 hogsheads; John Browne, 51 hogsheads, Samuel Hart…. 24-26 July 1652: Thomas Mason, late of Virginia, but now living on Tower Hill, London, a merchant, aged 52, gave evidence on behalf of Hart, Bishop, and Smith. [Virginia Colonial Records Project, High Court of Admiralty, Instance and Prize Courts, Survey Report #04016, p1-2. See also SR #5863, SR #07594 and SR #08642..]
24 July 1652
A more complete explanation of Thomas Mason’s evidence:
“Thomas Mason late of Virginia, but now living upon Tower Hill, London, merchant, aged 52, deposes 24 July 1652 that Samuel Hart has lived in Virginia these twelve months past, is a citizen of London and has served his apprenticeship at the lower end of Cheapside. John Bishop has lived in Virginia these 22 years past, but on the reduction of that province he removed from thence to Providence, with his wife and family, his said wife being this deponents daughter“. [“Genealogical Notes from the High Court of Admiralty Examinations”. The New York Historical and Genealogical Register, Vol. 47 (1916), p113. Reprinted in English Origins of American Colonists, p174.].
This confirms that John Bishop’s wife was the daughter of Thomas Mason. “Providence” refers to Annapolis, Maryland which was then called Providence and had been founded in 1649 by mostly Puritan exiles from Virginia..
The “reduction” of Virginia and the seizure of the Golden Lion” are related. Governor Berkeley and the Council had remained loyal to the King during the English civil war. Cromwell’s “rump” Parliament passed a Navigation Act on 3 October 1650 to make it illegal for the Royalist colonies like Virginia to trade with foreigners. A year later a more refined Navigation Act of 1651 restricted trade to English ships with English crews. Virginia surrendered in March 1652, ceasing its existence as a Royal colony for the time being. (It was restored in 1660.). John Bishop, evidently a Royalist, must have temporarily left the colony after the surrender, or at least Thomas Mason thought so.
The “Golden Lion” was condemned as a prize by the Admiralty court and turned over to the navy for possible conversion to a man of war. There were other ships called “Golden Lion” and “Golden Lyon”, but this ship appears in no further English records.
There are several online entries claiming that “Captain” John Bishop was a part owner of the “Golden Lyon” – though that must have been a different ship. Surely an Englishman would not have owned a Dutch ship and defied English law so brazenly.
Thomas Mason was evidently not the same Thomas Mason who left a will in 1670 mentioning his Wife Ann, son Thomas of Virginia and daughter Ann. Subsequent records do not mention James or Francis.
10 September 1652
Inquest: A Jury empaneled “to Enquire if they cann finde howe a man at Jno. Bishopp’s Creeke latelye found dead in the watters Came by his death” included Mr. John Bishop… The jury examined the “bodye of Robert Woodford a Northamptonshire man” who was a servant to Mr. Eviline(?) and concluded that he “wading over the Creeke was by Accident drowned.” [Surry County, Virginia Deed Book 1, p19.]
He must have either returned from Providence or Thomas Mason was misinformed.
2 November 1653
Inquest: John Bishop on a jury empaneled to determine how Jno. Briant, “a boy and late Servt. to Jno. Spiltimber and Jno. Bradye, came to his death.” The jury decided that the death was “natural” [Surry County, Virginia Deed Book 1, p31.]
25 February 1653/4
Land Patent Thomas Binns, 343 acres in the County of Surry on the south side of James River bounding northerly on … “from Mr. Bishop’s corner marked tree, northwest along his marked trees 89 chains… bounding northerly on John Bishops land…the side of reedy swamp…” The said Land being formerly deserted & ordered to be patented in the name of sd. Binns.[Virginia Patent Book 3, p8.]. 4, p102.]. Renewed by Binns about 1656/7 in an undated patent [Virginia Patent Book 4, p102.]
27 February 1653/54
Land Patent: John Bishop & James Mason, 50 acres in Surry County “on the southeast side of Tapahanock Creeke, traverse from the mouth of the creeks east twelve chaines … down the creek ninety six chaines to the place begun, the said land being due unto them the said John Bishop and James Mason for the transportation of one person”… (listed below the patent) “Mary Wade, Mary Mason”. [Virginia Patent Book 3, p222.]
As noted above, Tappahannock Creek was renamed Crouch’s Creek.a few years later, for Thomas Crouch, who had a patent on the creek the day after John Bishop in 1638. It runs roughly northeast about 5-6 miles, emptying into the James River almost directly across from Jamestown Island and less than two miles east of Gray’s Creek.
Who the “one person” named Mary Wade or Mary Mason was is mysterious. It could be that they submitted a headright certificate for two people when they only needed one of the rights.. Note that James Mason was married to a woman named Elizabeth in 1655 so Mary Mason may have been an earlier wife. Note also that James Mason’s wife as of 1647 (when his son Francis was born) was a Bishop according to the reasoning below) There is no mention in other records of either a Mary Wade or a Mary Mason, so no other clues to their identifies.
James Mason was a headright of Thomas Crouch for his 1638 patent next to Thomas Gray. He was probably not the same James Mason with a 1647 patent in Isle of Wight County, as on 8 July of the following year he was issued patents for 250 acres adjacent to Thomas Grey on Grey’s Creek and 60 acres nearby.
This patent was almost immediately escheated and the land included in a 1657 patent to William Edwards (see below) which calls it “formerly granted unto James Mason and John Bishopp and by them deserted” and identifies it as being on Crouches Creek near the lands of John Senior and Thomas Rolfe.
7 March 1654/5
Richard Merydale for Wim. Powell… near the Parsh of Southwarke in the County of Surry, baker, and brother and heir to Capt. Wm. Powell, George Powell of this colony, and his nephew Richard Powell and Mary Powell daughter of the said Richard “maketh Claime to the plantation now in the occupation of Jno. Bishop neere Crouches Creek in the County of Surrey…” [Surry County, Virginia Deed Book 1, p56? (faded).]
20 March 1654/5
Acts of the Assembly: “Comm’rs for Surry & for the Militia…” Mr. Ja. Mason (among the 13 commissioners)
James Mason was in Surry County more or less. at its formation.
28 March 1655
Deed: Capt. Giles Brent, attorney for William Bretton and Temperance his wife, to Thomas Binns & Jno. Bishop, planters, whereas on 11 October 1649 Capt. Geo. Evelins(?) conveyed to the said Temperance a dividend in Surry County “knowne by the name of Grindalls old fforte or Middle Plantation” for an annual annuity of £20 sterling during her life . Acknowledged 6 September 1655. COMPLICATED!!!!!!! [Surry County, Virginia Deed Book 1, p59 (POA) and p72-3.]
Interested parties should also read the deed at page 93.
31(sic) April 1656
Thomas Peters appoints Thomas Pittman his attorney to sue William Edwards over his appropriation of a boat left at John Bishop’s Creek. [Surry County, Virginia Deed Book 1, p84.]
26 June 1656
Among the debts owed to the estate of Maj. Jno. Westhorpe deceased: Capt. Bishopp – 45 (lb of tobacco). [Surry County, Virginia Deed Book 1, p88.]
6 January 1656/7
Deed: Wm. Martin “of Lower Chippoakes in the new County of Surrey in Virginia, gent. Attor. of Collonell Henerye Bishopp now Liveinge in England” to John Grove of Bristol, merchant, for a valuable consideration, 700 acres “Commonlye Called Lower Chippoakes, lyinge & beinge in the county afforesd” having been part of a patent to Capt. Wm. Powell and later granted to Sir Wm. Berkeley by order of the court dated 27 November 1643 “and after purchased by the sd. Coll. Bishopp from the sd. Sr. Wm. Berkeley… and confirmed… by patent of 20 October 1646… bounded northerly upon James River, easterly upon Chippoakes Creek, westerly upon Sunken Marsh, & southerly upon the maine land… Acknowledged by Wm. Martin in court 13 January 1656/7. [Surry County, Virginia Deed Book 1, p97-8.]
4 July 1655
“The humble pet. of Tho. BInns sheweth That Mrs. Eliz. Masonn wife of James Masonn hath in a vile & scurrilous manner scandelized & defamed Martha ye wife of yr. pet. even to the ruine of yr pet sd Wives Creddit__ & to the great Injurye of yr. petr…” (image damaged but goes on to speak of Mrs. Mason’s “inhumane & barbarous” beating of Mrs. Binns.). [Surry County Deed Book 1, p70
Elizabeth Mason was probably the sister of Thomas Bishop. See the discussion below of how Francis Mason, born about 1647 and the son of James Mason, could have been the sole heir of John Bishop Jr.
12 June 1657
17 Sep 1657
Land Patent: William Edwards Gent., “490 acres of land marsh and swamp be it more or less lying and being in Surry County…being opposite James City. Bounded viz’t, west upon Crouches Creek which divides it from the Lands formerly Mr. Thomas Rolfe’s, south into the woods, East South East upon the run of little Swamp which divides it from the Land of John Senior, and north upon the Great River.” …200 acres being long since granted to Captain Powell and (via a chain of owners became vested in Edwards) (he having no heirs) escheated and granted to upon Crouches Creek which divides it from the Land formerly Mr. Thomas Rolfes… June 12th 1657. Mr. Wm. Edwards had order from Governor & Council to Patent Certaine marsh & wood Lands formerly granted unto James Mason and John Bishopp and by them deserted which Land is included in the above Patent.” [Virginia Patent Book 4, p178.]
25 March 1658/9
Land Patent: “to John Bishopp Son & Heir of John Bishopp Deceased” 300 acres “lying and being in James City County bounded Westerly upon the land of Thomas Crouch for breadth 150 poles, South by West into the woods for length 320 poles, northerly upon the Land of George Powell being bounded round with marked Trees, The said Land being formerly granted by Patent unto the said John Bishopp Deceased bearing date the 4th day of July 1641 and by. him deserted and now renewed in the name of the said John Bishopp as Son and Heir to his Deceased Father by order of the Governor and Council bearing date with these presents… for the transportation of Six persons & dated the 25th of March 1658.” [Virginia Patent Book 4, p176.]
There is no patent dated 4 July 1641. It was evidently one of the lost patents.
John Bishop is a minor as later records prove. Minors could not normally apply for patents, but in this case the Governor and Council issued the patent, apparently to secure title in the name of the minor since his father was not alive to occupy and pay rents on the land.
6 March 1659/60
Bond by William Marriott to Thomas Swann obligating him to marry Susanna, daughter of Thomas Swann. [Surry County, Virginia Deed Book 1, p149.]
25 November 1660
According to a memoir written by her younger half-brother Samuel Swann, Susannah Swann was born 26 October 1640 “and died the 25th of November 1660, without issue — having been married to Major William Marriott eight months and 22 days”. [The Virginia Magazine of History and Biography, Vol. 38, No. 1 (Jan. 1920), p30.]
John Bishop’s widow could not have married Marriott until 1661 or so. That is, she was either a widow with a child to support for a few years or was married to (and widowed by) an unknown husband between Bishop and Marriott. Assuming that she married William Marriott about 1661 or 1662, she was apparently the mother of Mary Marriott, who was born after this date, probably abount 1663.
15 March 1663/4
Grant to Tho. Clarke, 50 acres in Surry County on the southeast of Upper Chippoakes Creek commonly called Swann Bay, bounded NW on ye Maine Creeke, SW on Capt. Bishop’s, SE into ye woods & NE on Mary Emmett ye sd. land being formerly granted unto Wm. Gapin dec’d by pattent bearing date 15 October 1657 and now in ye possession of ye sd. Tho. Clarke by Marriage of ye Widdo of ye sd Tho.(sic) Gapin… [Surry County, Virginia Deed Book 1, p257.]
This refers to the John Bishop of Charles City County, who long since had disposed of this land.
5 May 1667
“Francis Mason aged 21 yeares or thereabouts saith that yr. deponant did not know of any more horses that his father Mr. James Mason had in Surry County at his death…” On the same date, William Swett deposed that “last Summer” he saw four horses at Major Arthur Allen’s two of which bore the brand “of Mr. Mason dec’d.” [Surry County, Virginia Deed Book 1, p307.]
Other depositions in the case were not copied. James Mason’s death is not noted in the records, but he was not tithable in the tax records that begin in 1668. Francis Mason was not named in the tithables of 1668, but in that year, only the names of the “masters of households” were listed with no names given for those they were tithable for. In Lawnes Creek parish, for example, more than half of the households (or plantations) were listed with multiple tithable members who were not named.
See 7 July 1668 below.
June 1668
Surry County Tithables: Majr. Wm. Marriott & 4 Sarvnts — 5
John Bishop Jr. is not tithable to his stepfather Marriott, or to anyone else, so apparently not yet 16. This is the first tithables list that was preserved.
7 July 1668
Regarding the ownership of a horse found by a Mr. (Robert) Williamson at Martins Brandon… “Francis Mason Aged att about 21 yeares sworne saith that ye horse taken up att Martins Brandon by Mr. Robt. Wmson & brought to Surry County Cort ye seventh July 1668 upon view of ye sd horse he saith appeares to me by ye Naturall Marks & Culler & to ye best of my Judgmt that ye horse wch I were att ye Cuttting of wth Capt. Pryde & belonging to my father James Mason wch horse is aboute fower yeares old & further saith not. Francis Mason Swore in Cort 7th July 1668.” [Surry County, Virginia Deed Book 1, p306.]
This and the deposition of 5 May 1668 establishes that Francis Mason, born about 1647, was the son of James Mason, who was dead by 1668. He was guardian to John Bishop Jr. in 1671 and identified himself as his “sole heir” in 1676. The most likely possibility is that James Mason was married to a deceased sister of John Bishop, the mother of Francis Mason. That would make Francis Mason the nephew of John Bishop and the first cousin of John Bishop Jr. That he was the sole heir means that John Bishop had no other living siblings in 1676 and no other issue of siblings. James Mason’s wife in 1655 was named Elizabeth (see above.)
James Mason was alive in “April or May of 1665” according to a deposition by William Pryde, who gelded two of his horses [Ibid., p314.]
18 October 1670
A 1649 agreement with James City parish was recorded this date “att ye request & Charge of Major Marriott.” [Surry County, Virginia Deed Book 1, unnumbered page fo court session this date.]
William Marriott, the only Marriott with the Major title at this time, was still alive on this date. He had been tithable on 10 June 1670 as well. Tithables are lost for 1671 and 1672, so we don’t know when he died, but his widow remarried to George Proctor sometime between now and mid-1672.
30 September 1671
At a General Court held at James City: “In the Difference depending betweene Francis Mason on the behalfe of Jno. Bishopp orpt. and Major Wm. Marriott deft. about a p’cell of Land in Surry County It is after much debate adjudged by this Court that the right of the said Land doth of right belong to the said orpt. It is herefore ordered that the said Marryott forthwth yeild up the possession of the said Land to the said Mason in right of the said orphant And in case the said Marryott shall refuse to deliver the possession thereof Then Capt. Lawrence Baker is hereby ord’ed and Impowered to put the said Mason in the right aforesaid into possession of the said land and the said Marriott to pay costs…” [H. R. McIlwaine, ed., Minutes of the Council and General Court of Colonial Virginia 1622-1632, 1670-1676 (Richmond, Va., 1924), p278. Hereafter, “McIlwaine”.]
25 November 1671
At a General Court held at James City: “The two differences between Major Marriott and Francis Mason Guardian to Jno. Bishop is referred to ye 3rd day of the next Court.” [McIlwaine, p289.]
There is no further mention of the case, presumably due to the death of William Marriott.
5 March 1671/2
“Capt. Spensor and Maj’r Marriot if he be well in health are desired to meete att Southwarke ye 15th day of Aprill next to examine & setle ye accts aboute ye Mill… & in case of ye Majo’rs not beinge recovered Capt Wm. Browne is desired to meete in his place…” [Surry County, Virginia Order Book 1671-1691, p3.]
William Marriott must have died from whatever this illness was because his widow was the wife of George Proctor four months later.
7 May 1672
Court appointed “appraisers of Majr. Marriott’s estate…(to meet) on Monday next…” [Surry County, Virginia Order Book 1671-1691, p6.]
2 July 1672
At a court held at Southwarke… “At ye. request of Mr. Geo. Proctor whoe Married ye. Relict of Major Marriott dec’d. Reffer. is granted him inte. Wm. Butler untill next Cort.” [Surry County, Virginia Order Book 1671-1691, p8.]
This was not a happy marriage. In early 1674 George Proctor was ordered to post a bond for his “good abearing… for his continued abuses of his wife”. He broke the bond and in July 1674 was ordered to pay 1,000 pounds of tobacco to the county and was held by the sheriff until he posted a new bond. He died in late 1678 but his wife evidently predeceased him.
29 November 1672
At a court held at Southwarke… “The difference intr. Mr. Fra. Mason Guardian of Joh. Bishop orpht. & Mr. Geo. Proctor who married ye relict of Majr. Marriott whoe married ye relict of John Bishop dec’d is reffered until ye next Cort.” [Surry County, Virginia Order Book 1671-1691, p15.]
7 January 1672/3
At a court held at Southwarke… “Judgmt. is granted Geo. Proctor as Marying ye relict of Majr. Wm. Marriott agt. Margery Jarrat, Executrix of her decd. husband Rich. Jarrats estate for paymt. of eleven hundd. pds of tobbo. & Caske due by bill assigned by Wm. Butler…” [Surry County, Virginia Order Book 1671-1691, p18.]
7 January 1672/3
At a court held at Southwarke… “Whereas itt doth appear by ye will of John Bishop dec’d that he gave unto his sonn Joh. Bishop two Cows one yeare old heifer one feather bed bolster & Rugg & one pr of sheets & one yoake of steares reddy Broke Judgmt is therefore granted Francis Mason guardian of ye sd Joh. Bishop agt. George Proctor whoe maried ye relict of Majr. Marriott dec’d whoe marryed ye Relict of Jno. Bishop dec’d for paymt of ye above sd Cattle & other goods wth Costs alias Exec.” [Surry County, Virginia Order Book 1671-1691, p15.]
It appears that John Bishop’s son is nearing the age of 21. Guardians were obligated to deliver legacies to the heir when they reached the age of 21. John Bishop’s widow and her subsequent husbands apparently still possessed the livestock and furniture belonging to John Bishop’s estate.
There is no will recorded for John Bishop in Surry — the early will and estate records of Surry were evidently recorded in James City County, whose records are lost. Almost no estate records exist in Surry County’s early books.
Note that the language in this and similar records leaves open the possibility that George Proctor’s wife was the widow of Marriott but not of Bishop. That is, if she died while married to William Marriot and Marriott’s widow was a subsequent wife. Marriott’s estate would have included John Bishop’s either way.
11 July 1673
“The estate of Major Wm. Marriott deced is indebited to Mr. George Proctor who married his Relict & Executrix for ye payment of several debts & legacies due from ye estate…” (there follows a long list including the following items). “To his wives legacy – 2,000… to 2 steers broak pd to Jno. Bishop by order… to pd. Mr. Salway who married Eliz. Peck by will – 1,000… . [Surry County, Virginia Deeds, WIlls Etc. Book 2,, p37.]
This implies that John Bishop’s will — among other legacies — left 2,000 (or more) to his wife, steers to his son John, and 1,000 lb. of tobacco to whoever Eliz. Peck was.
1 November 1673
Jno. Bishop & Jno. Harris witnesses to power of attorney from Thomas Warrell to William Edwards. [Surry County, Virginia Deeds, Wills Etc. Book 2, p34.]
5 May 1674
At a court held at Southwarke… “The difference inter. Jno. Bishop plt. & Mr. Geo. Proctor as maryeing ye Exx. of Major Wm. Marriott dec’ed deft. upon ye deft. request is reffered to ye Next Orphant Cort.” [Surry County, Virginia Order Book 1671-1691, p56.]
John Bishop is now an adult, thus turned 21 sometime between January 1673 (when he was still an orphan) and May 1674, thus born in 1652 or early 1673. Note that his first appearance as an adult tithable was this same year, thus he turned 21 after 10 June 1673, the effective date for assessing tithables aged 21 or over.
10 June 1674
Orphans Court: “The difference inter. Jno Bishop plaint. agt. Geo. Proctor as marrieing the Exec’x of Maj’r Wm. Marriott dec;d deft. is by the sdd, Plt. & Deft. ref’d in ___ to the determinacon of Maj’r Wm. Browne & Robt. Caufield…” [Surry County, Virginia Guardian Accounts 1650-1720, p6.]
14 June 1674
“We the subscribed in obedience to an Ord’r of Cort bearing date ye 10th… whereas wee were ord’d to Examine the Several demands Jno. Bishop plt. against Mr. Geo. Proctor… have this day mett & p’used the wrightings (of) both p’ties …” (essentially repeated the 7 July 1674 court record). [Surry County Deeds, Wills Etc. Book 1669-1684, p58.]
June 1674 Surry County tithables:
— Jno. Bishop – 1. (Southwarke parish, Capt. Spencer’s list)
— Wm. Gray, Hance? Cooper, Jno. Bishop – 3. (Lawnes Creek parish, Capt. Law. Baker’s list)
There are now two John Bishops living in Surry County. Lawnes Creek parish covered eastern Surry County, Southwarke parish the western part. The John Bishop in Southwarke parish, the son of the deceased John Bishop, has apparently just turned 21 within the last year, as he did not appear among the taxpayers in 1673.
7 July 1674
At a court held at Southwarke… “The difference inter. Jno. Bishop plt.. & Mr. Geo. Proctor who married the Ex’x. of Major Wm. Marriott dec’ed deft. being by the last Orphants Cort reffered to the Audite of Major Wm. Browne & Mr. Robt. Caufield wth. the consent of plt. and deft. who have awarded the sd. Mr. Proctor to pay the said Bishop one heyfer of three years old, one heyfer of two yrs. old, two yrling heyfers & three Cow Calves Weaneable, six hundred pounds of tobo. and Caske & tenn Shillings Sterling in full ball. of what appeares by Rewcord to be due to the sd. Bishop , upon the sd,. Bishop‘s request Judgmt. is granted to the sd. Bishop agt. the said Mr. Proctor for the said Cattle Mony and tobo. with Costs all. Exec.” [Surry County, Virginia Order Book 1671-1691, p61.]
All of this was apparently left to John Bishop by his father’s will, but was evidently retained by his mother as she remarried to Marriott and then to Proctor. Proctor may have been unaware of how much of his wife’s property, and Marriott’s estate, was due to John Bishop upon raching majority.
7 July 1674
Jno. Bishop & Geo. Foster witness a declaration by Jane Plaw disowning any interest in a patent being assigned by John King to Jeremiah Ellis… [Surry County, Virginia, Deeds Wills Etc. Book 2, p59. Repeated in Book 5, p121.]
7 July 1674
“Whereas Mr. Geo. Foster has broken his bond taken at the last Cort for his good abeareing” judgement for 1,000 pounds tobacco… “Mr. Geo Proctor for his continued abuses to his Wife, is comitted into the Sheriffs Custody untill he five bond with security for his future good abeareing…” [Surry County, Virginia Order Book 1671-1691, p63.]
His poor wife is presumably Elizabeth Mason, the widow of John Bishop and of Eilliam Marriott.
7 July 1674
Same court: Geo. Foster presents his securities “for the Orphts. estates of Major Wm. Marriott deced.” [Surry County, Virginia Order Book 1671-1691, p64.]
This and later records confirm that William Marriott left two orphans, one of whom was Mary, who later married Samuel Thompson. The other was William Marriott, who married a woman named Mary sometime after his father’s death and then died young before 1679 when Mrs. Mary Marriott first appears requesting support from the estate of George Proctor.
3 October 1674
Deed: Thomas Senior of Southwarke parish to Jno. Price of Lawnes Creek parish, 50 acres of land, being all of the dividend whereon I the sd Senior now live… bounding on the great swamp between the land of Jno Bishop & myne the said Senior beginning at a deep valley about 100 yards northerly from the foot path that doeth from myne the sd. Senior’s house to to the sd. Jno Bishop’s and so up the head of the swamp… [Surry County, Virginia Deeds Wills Etc. Book 2, p65.]
3 November 1674
“The estate of Major Wm. Marriott deced, is indebted to Mr. George Proctor who married the relict & Exec’x for the payment of sev’ll debts and legacies due from that estate… to Mr. Mason for Jno Bishop – 100…” . [Surry County, Virginia Deeds Wills Etc. Book 2, p67.]
16 March 1674/5
At a court held at Southwarke… The difference inter. Mr. Linney & Mr. Bishop is reffered to the next Cort. [Surry County, Virginia Order Book 1671-1691, p88.]
No further mention of this suit.
6 March 1674/5
At a court held at Southwarke… “This Cort being informed that theire is a great quantity of timber falled upon the Land of Wm. Marriott orphan of Major Marriott deced…” [Surry County, Virginia Order Book 1671-1691, p90.]
This confirms that the second orphan was William Marriott. He apparently reached majority in the next few years and married a woman named Mary, then died by early 1679 when “Mrs. Mary Marriott” appears as an orphan herself. .
20 April 1675
A jury empanelled to “view & Enquirer concerning a dead corps cast up by the Water at ye Landing of Mr. Wm, Edwards…” included Jno. Bishop and others living in the vicinity of Crouches Creek area. [Surry County, Virginia, Deeds Wills Etc. Book 2, p139.]
3 May 1675
Deposition of Benjamin Tompson, aged 30 yeares or thereabouts: “That comeing into Mr. George Proctors house about the first of Mr’ch last past, when the late uncomfortable difference betweene Mr. Proctor & his wife broke out, he did then & there see Mr. Proctor strike his wife under ye eare & use sundry unkind words to her, without any provocation thereto on her part… whereupon she judging it unsafe to tarry w’th him would goe to Coll. Jordans to make informacon of it& many other abuses w’ch she said shee had received of him… ” The next day Proctor asked the deponent to act as peacemaker, saying that he “… did much bewaile the sad effect of his drink & manaifested much of his love to Mrs. Proctor, and also understanding her intent nof goeing to his Honor the Governor sent a box of money to he by the deponents hand, moreover it did appeare that the height of Mr. Proctors passion did (at that time) proceede from the endeavours of such as either appeared to retaliate Mrs. Proctors abuses, or secure her p’son, or from excessive drink…” signed: Benk. Tompson. [Surry County, Virginia, Deeds Wills Etc. Book 2, p74.]
George Proctor is again abusing his wife, apparently after too much drink.
4 May 1675
Depositoin of Ebenezer Kyrkland, aged 19: at about the first of March 1674/5 he was at Geroge Proctor’s house and “without any provocation given yt I saw,… he gave her a box of the ear, whereupon she satt downe & cryed.” [Surry County, Virginia, Deeds Wills Etc. Book 2, p74.]
5 May 1675
Depositoin of Isabell Forbus, aged 50 yeares or thereabouts: On the was from the Mill to Proctor’s house, she met Capt. Swann and Mr. Proctor, who “asked me if I would goe & ee his wife… when I went in I found Mrs. Proctor setting by ye fire side crying & yo’r depon’t asked her why she cryed & Jno. Stock setting in the roome answered that if I had soe much cause I would cry also… Mr. Proctor came in & asked what was the matter, & yo’r deponant answered nothing… (whereupon Mr. Proctor) “fetched his sword & comeing towards his wife yo’r deponant went & stood between them… he ralled at his wife & told her that she had bin formerly afraid of that but she should now feare it more and soe broke it into two peaces (and said he woul dgo to town an buy another) .. Thomas High came in & desired Mr. Proctor to be ruled by his friends & be quiet & Mr. Proctor answered that he had to many such friends….” [Surry County, Virginia, Deeds Wills Etc. Book 2, p76.]
4 May 1675
Deposition o f Lt. Thomas Pittman, aged 60 yeares or thereabouts… being at ye house of Mr. Geo. Proctor upon ye first day of March last about 8 of ye clock in the morning he found ye sd Mr. Proctor & two men more drinking of burnt sack & did finde that Mr. Proctor had dranck to much, but at yt time & an hower after he and his wife were good friends, but within two or three howers still drinking, he in his passion called his wife whore & base whore & did say he would make her observe to doe what he would have her, like a whore as she was, & was ready to strike her, soe ye company did p’swade him but he did reply he did not care for w’t they said, nor for the Governor… then his wife put on her cloak(?) & Mr. Thompson & Tho. High did carrey her away… [Surry County, Virginia, Deeds Wills Etc. Book 2, p76.]
4 May 1675
Deposition of Capt. Robert Spensor aged (blank) yeares: That being at George Proctor’s house “sometime in November last… Proctor did lord soe over his wife I had never seene the like before, first commanding her by ye title of whore or bitch for to fetch him some drinck, but when she had gon(e) two or three steps he by the same titles commanded her to stand still or to come back, in this posture he held for an hower or two, your depon’t endeavoring all yt in him lay to p’swede him from his evil language & threat toward his wife…” Capt. Spenser not prevailing, left to go to Francis Summer’s house and in about half an hour “..in came Mrs. Proctor crying & trembling & begging of me as I was a Justice of ye Peace for Christ Jesus sake that I would p’serve her yt night from being killed, for she said she was confident if I did not her husband would kill her before morning, upon w’ch Mr. Proctor came in, who fell to abuseing of his wife againe in very evil words, endeavoring to carry her out of the roome by violence… he spurning ag’t all authority swore he did not care a ___ for the Governor nor for Coll. Swann nor any body else for he would use his wife as he pleased… for the security of his wife I was forced to remand him to be bound & to sett a guard over him all night, the next morning at the request of Mrs. Proctor, Mr. William thompson & myselfe went with her to Lt. Coll. Jordans where she did make her complaint , in all which time I did not heare the woman give an unbecoming(?) word…” Signed: Robt. Spensor. [Surry County, Virginia, Deeds Wills Etc. Book 2, p75.]
4 May 1675
“The deposition of Thomas High aged about 28 yeares or thereabouts, examined & sworn saith That being at ye house Mr. Geo Proctor ye first March last… Mr. Proctor was calling his wife damd whore & bitch(ington?) whore & such kind of language” and when the deponent and Lt. Pittman asked for half a pint of drink “whereupon ye sd Mr. Proctor called for somebody to draw it, & his wife rose up to give ye fellow ye keys w’ch came to draw the drink, but Mr. Proctor called her back by the name of whore, & said she should not stir, where upon she went and satt downe againe in a chaire by ye fire…” and later “Proctor was abusing his wife by calling her whore & severall other bad languige given to her, and yo’r depont. desired the sd Proctor & desired him to be quiet and not use such termes w’ch he still continued doeing, where upon ye depont. asked the sd Proctor whose whore she was, who replyed she was yo’r deponts. for aught he knew, & several others, but not nameing anybody, yo’r depont. replyed he had knowne her twenty y’rs & never knew any one give her such a report, ye sd Procter replied she might be a whore for all (ye?), yo’r depont. answered he could not tell wheather she was or noe, soe ye sd Proctor went from his company into his chamber pretending he would goe to sleepe, leaveing his wife sitting by ye fire in a chaire. the company at ye table talkeing & laughing, ye sd Proctor came out againe rageing(?) & calling his wife whore & bitch & such kind of tearmes, and saying shee was among her rouges, she nor any of the company not giving him one word, soe he went into his roome againe, after he was gone some of the company drank to her, who took the cup & drank to some of the company, and immediately ye said Proctor came running out calling of her whore, and saying now she was with her delight, with that he pulled her & halted her & pushed her & swore he would make her doe as he would have her doe as he would have her, she answered any thing that he would have her doe, she would doe provided he would be quiett, he replyed he would make her, she asked him whet he would have her doe, wheather she should come & sitt by him or wheather he would goe to sleepe, he replyed he would goe to sleepe soe they both went into the other room, & shee sat by him he p’tending he would goe to sleepe, but immediately as wee sat at the table, we heard her cry out murder, whereupon the company said one to another doe you goe in, but none of them did, whereupon yo’r depont. went in, and asked Mr. Proctor w’t was the Matter, he said w’t was that to me, yo’r depont. asked him if he were minded to doe any murder, he said w’t was yt to me, I told him theire should be noe murder soe long as yo’r depont. was in the house if he could helpe it, during w’chs discourse Capt. Swann came in, and yo’r depont. asked Capt Swann to go into the roome to him, whereupon Capt. Swann went in & asked what was the matter, but what answer ye said Proctor made yo’r depont. knew not, soe Capt. Swann and the said Proctor went toward Mr. Summers, leaving Mrs. Proctor crying upon the bed, & further yo’r depont. saith not. Signed Tho (x) High. Sworn before Col. Tho:Swann – Lt. Col. Geo:Jordan and Maj. Wm 1675 -Browne 4 May 1675 ____William Edwards, Clerk, May 5 1675, W. E. Clk [Surry County, Virginia, Deeds Wills Etc. Book 2, p78-9.]
George Proctor evidently was often drunk and abusive. It seems odd that her son John Bishop doesn’t figure in these complaints.
15 May 1675
Acknowledgement: “I John Bishop of the County of Surry do hereby acknowledge to have received full satisfacon of Geo. Proctor for all & Every p’te of my Estate yt was left in ye possession of Major Wm. Marriott deced , And do by these p’ents Exonerate & discharge ye sd Marriott’s Estate as also Geo. Proctor of all debts Claimes & demands whatsoever from the beginning of the world to this p’sent day being ye 15th May 1675…” Signed: John Bishop (“1675” written below signature) Witness: Benj. Thompson. Recorded 2 October 1677.[Surry County, Virginia, Deeds Wills Etc. Book 2, p217.]
I might mention that the letter “p” was used as shorthand to substitute for a wide variety of syllables beginning with “p”, as in p’ish, p’ment, or p’son. The “y” in ye, yat, or yem was a version of the old thorn letter which served as “th”. And the letter “c” substituted for “ti” in words like accon, and administracon..
10 June 1675
Surry County tithables:
— Jno. Bishop – 1 (Southwarke parish, Nicholas Merriwether’s list – Geo Proctor on same list)
— Jno. Dunford, Robt. Temple, Jno Bishop – 3 (Lawnes Creek parish)
Again, there are two John Bishops living in Surry County.
25 January 1675/6
At a court held at Southwarke… “Upon the Complainte. of Jno. Bishop agt. Capt. Robt. Spensor(sic)” it is ordered that the county surveyor “finde and lay out the said Bishop’s land, and that the said Capt. Spensor doe thereproduce his pattents & Evidences And that the surveyor have free Liberty without Molestacon to Lay out the same & that Capt. Robt. Spensor pay Costs.” [Surry County, Virginia Order Book 1671-1691, p111.]
29 January 1675/6
Law(rence) (“LM” mark) Mizell and Jno. Bishop witness a mortgage from Walter Nahan to Wm. Edwards to secure a debt. [Surry County, Virginia, Deeds Wills Etc. Book 2, p175.]
29 January 1675/6
[Surry County, Virginia Order Book 1671-1691, p116.]. ???????????
28 March 1676
At a court held at Southwarke…”Upon the humble request of Mr. Francis Mason sole heire of Mr. Jno. Bishop deced. It is Orderd. that the Ordr. of the last Cort in the difference between Jno Bishop deced & Capt. Spensor be now Continued in Mr. Mason’s right, as it was to have bin before in the said Bishop‘s lifetime.” [Surry County, Virginia Order Book 1671-1691, p121.]
John Bishop died sometime in February or March of 1676. Note that Francis Mason is now claiming his inheritance of real estate, but did not obtain administration of the personal estate until June — perhaps reflecting a small personal estate.
How could Francis Mason — the same person who was his guardian — be John Bishop’s “sole heir”? The language of this and the later entry imply that John Bishop died intestate without either siblings or issue. Although there are more remote possibilities, according to the order of intestate inheritance (see my paper on that subject elsewhere on this website) it seems most likely that Francis Mason was the son of John Bishop Sr’s sister, making him John Bishop Jr’s first cousin. Other records (q.v.) prove that Francis Mason, born about 1647, was the son of James Mason and that James Mason’s wife in 1655 was named Elizabeth.
Note that half-siblings were not heirs of one another, so neither Mary Marriott nor Mary Proctor (if either was a child of Bishop’s mother) would have been a heir. We can also reject the possibility that Francis Mason was married to a sister of John Bishop Jr. on the grounds that he would have identified his wife as the heir, or identified himself as heir in right of his wife. Since it was literally Francis himself who was identified as the sole heir, the only credible conclusion is the one we have reached.
3 May 1676
At a court held at Southwarke… “The difference betweene Mr. Francis Mason sole heire of Mr. Jno. Bishop deced. plt. and Capt. Robt. Spensor defft. about Certaine parcells of Land, having bin in this Cort ___ and findinge the said Pattent to be of very ancient Date & ___ very observe? bounds, due most humbly refer the Consideracon of the same to the Next Genll. Cort. [Surry County, Virginia Order Book 1671-1691, p125.]
14 June 1676
Commision of Administracon granted Mr. Fra. Mason — Estate of Jno. Bishop deced.signed at James City by ye Governor [Surry County, Virginia Deeds, Wills Etc. Book 1, p117.]
Francis Mason claimed the land right away, but delayed seeking administration of the personal property for several months.
June 1676
Surry tithables were not taken this year.
According to John B, Boddie’s Colonial Surry on page 47, in speaking of the “jon” Bishop claimed as a headright by Thomas Gray, “He was active in Bacon’s Rebellion, was condemned to death by Berkeley, and died in prison.” This is clearly erroneous. First of all, the first John Bishop who was probably imported by Gray was long dead and his son John Bishop had died months before Bacon’s Rebellion. The John Bishop active in Bacon’s Rebellion was the one in Charles City County, as proven by Arthur Allen’s suit there. Examination of the several records listed above makes it very clear that John Bishop II was dead by 28 March 1676, four months before Bacon’s famous declaration and six months before he invaded Jamestown and his followers occupied Bacon’s Castle in Surry. Obviously Bishop was long dead before Berkeley held any trials. Mr. Boddie apparently relied on a deposition by Alice Marriott in November 1677 that “about the middle of last February” she heard Thomas High say that during the Rebellion Col. Swann “sent a note to Mr Bishop by Christopher Foster to raise men and come down with them to stop the Governor’s men…” But this clearly postdates the death of John Bishop, and, as a look at the actual deposition reveals, does not mention Bishop at all, rather speaks of “Mr. Busby” who was a Lt. of militia at the time. .
10 June 1677
Surry County tithables
Ja. Griffin, Jno. Bushop, Evist Grimes – 3 (:awnes Creek parish, Col. Swann’s list)
This is the newly arrived John Bishop..
6 September 1677
“Mr. George Proctor haveing made appeare in Cort that he hath paid Mr. Jno. Bishop deced. Three Thousand two hundred & twenty pds. tobo and Caske by Ordr. of this Cort, And the tobo being due to the sd. Bishop out of the Estate of Major Wm. Marriott deced. It is Therefore Ordered that ye sd Mr. Proctor discount the same out of the sd. Marriott’s Estate.” [Surry County, Virginia Order Book 1671-1691, p163.]
Yet another statement that John Bishop is deceased.
15 November 1677
Deposition: “Alice Marriott, aged 32 years or thereabouts sworn saith that about ye midle of feb’y last past yo’r depon’t being at ye house of Wn. Forman…” testifies about statements made by Thomas High regarding some actions taken by Colonel Swann “ye old Rebell” during Bacon’s Rebellion. She told Thomas High that “shee never heard y’t Coll. Swann did medle or make in ye late Troubles. No said he, when Coll. Swann sent a note to Mr. Busby by Christopher Foster to rase men & come downe with them to stop ye Governor’s men & y’t ye horses bridles & sadles of our had not beene taken had it not bin for Coll. Swann…” [Surry County Deed Book 2, p149.]
Same date: Deposition: Christopher Foster, 27 years of age testifying about the same incident, states that when Governor Berkeley sailed out of Jamestown, Col Swan told him to go to Mr. Busby’s out of Towne” to see if any guards were there. [Surry County Deed Book 2, p150.]
John B. Boddie in Colonial Surry on page 123 renders Busby’s name as Mr. Bishop, but it is very plainly Mr. Busby in the original document — referring to Lt. Thomas Busby, a Surry militia officer who was active in the Rebellion. Boddie’s transcript of this deposition takes a liberty or two with the language as well, so I suspect that whoever was assisting Mr. Boddie with producing transcripts either misread or mistyped the name. I further note that Alice Marriott’s deposition was transcribed accurately, including Busby’s name, in The William and Marry College Quarterly Historical Magazine, Vol. 11, No. 2 (October, 1902), on p81.
Furthermore, the only Mr. Bishop alive in Surry at this time was the newly arrived John Bishop downriver in Lawnes Creek, who was not associated with the militia and does not appear at all among the records of Bacon’s Rebellion.
Alice Marriott was the wife of Mathias Marriott, not William Marriott.
10 April 1678
Will of John Salway witnessed by George Proctor, Eliz: Proctor. Both acknowledged their witness in court. [Surry County Wills, Deeds Etc. Book 2, p175.]
Presumably, Elizabeth Proctor is the same person formerly married to John Bishop and William Marriott (and the daughter of Thomas Mason). George Proctor and his wife both died later that year of the same illness.
7 May 1678
At a court held at Southwarke: “…will of Mr. Jno Salway p’ved by the oaths of Mr. George Proctor & Eliz. his wife…” [Surry County, Virginia Order Book 1671-1691, p199.]
Proof that Elizabeth was his wife.
5 June 1678
26 September 1678
Land Patent: Mr. Fra. Mason, 300 acres “near ye head of Tappahanock or Crouches Creek in Surry County… beginning at a hiccory saplin being a corner tree beetwixt Mr. Mason & Crouch’s land now in the possession of Capt. Robt. Spenser, running thence S22.SW 320 poles along an ancient line of marked trees to a great hiccory by ye side of a Reedy branch being an old marked tree… a red oak by ye cart path side being ye road to Mr. Wim Edwards… the said land being formerly gra’d to Mr Bishop deced by patt beareing date ye 4th day of July AD. 1641 & after his decease held by his Sonn John Bishop as being !his heire & ye said John being likewise deced ye said land descends to ye said Francis Mason as being heir to the said Mr Bishop.” [Virginia Patent Book 6, p653.]
John Bishop I obtained the patent in 1641, his son John Bishop II renewed it in 1659 but was dead by 1676. And of course, Francis Mason was the heir to John Bishop II — as we concluded above, being the son of John Bishop’s sister.
8 June 1678
Surry County tithables “belonging to Lawnes Creek p’ish”:
Mr. Ri. Drew, Jno. Bishop, Wm, Allin – 3
This is, of course, the newly arrived John Bishop, unrelated to the previous Bishops as far as we know.
7 January 1678/9
John Moring petitions the court for administration of the estate of George Proctor deceased on behalf of Mary Proctor “the said Proctor’s only child”, administration granted. [Surry County, Virginia Order Book 1671-1691, p239.].
Note: Moring did not post bond to administer the estate until 19 July 1679 [Surry County Deeds Wills Etc. Book 2, p3.]
Proctor’s wife Elizabeth is apparently dead — later records show that they died at about the same time of the same illness. The mention of Mary is a bit curious in that William Marriott had a daughter named Mary for whom Proctor was guardian — she later married Samuel Thompson and in 1684 was paid 20,000 pds of tobacco from Proctor’s estate that belonged to her father William Marriott. Proctor’s estate records do not show sign of a second girl named Mary. She may have died as a minor.
It is not clear who Mary’s mother was. John Bishop’s widow didn’t marry George Proctor until sometime between March and July of 1672, so if she was her mother Mary must have been no more than six years old. But there doesn’t seem to be evidence of Mary’s age as there is no mention of her after was born..
7 January 1678/9
At the same court, “Mrs. Mary Marrioot orphan petitioning this cort. yt. she is very bare & destitute of apparell it is ordered yt. Mr. John Moring administrator of Mr. Geo. Proctors estate, doe provide her such necessarys as shee wanteth dureing ye time shee hath no guardian & be allowed for the same out of Mr. Proctor’s estate.” [Surry County, Virginia Order Book 1671-1691, p239.]
Who is this? A widow who is under age? The most likely explanation is that she was the wife of William Marriott’s son. That is, during the 6 1/2 years since William Marriott’s death, his son must have reached majority and married this Mary, and then died himself. Why is she due from Proctor’s estate? Or is she claiming her late husband’s interest in the Marriott estate that Proctor is still in possession of? Presumably this is the same Mrs. Mary Marrioot who owned the land adjacent to Francis Mason?
3 February 1678/9
Inventory of the household estate of George Proctor, taken in response to a court order of 14 January last: A very large inventory of the household goods of a moderately wealthy man, listed room by room and valued at 31,616 pounds of tobacco. Presented in court by John Moring on 4 March 1678/9. [Surry County Deeds Wills Etc. Book 2, p119.]
4 March 1678/9
“Mrs Mary Marriott orphan makeing choice of Mr. Jno. Moring as her guardian and he accepting thereof it is therefore ordered that he act therein according to law.” [Surry County, Virginia Order Book 1671-1691, p243.]
As noted above, she is apparently an underage widow of a Marriott who is in some way connected to William Marriott — probably the widow of the second orphan of William Marriott.0p0pp`
18 April 1679
Accounting of the estate of George Proctor, by “John Moring 1678”. The accounting included payments toward lumber “for the coffins” and to Capt. Pittman “for makeing ye coffins”. [Surry County Deeds Wills Etc. Book 2, p201.]
“Coffins” plural suggests that he and his wife died at the same time, and a later claim on the estate (see below) confirms it.
5 November 1679
Judgmt is granted Jno. Ironmonger agt. Mr. Jno. Moring Admr. Estate of Geo. Proctor deced. for two hundred and fifty pounds of tobo. & Caske for meanes & Attendance on the said Proctor & his wife in the sickness whereof they dyed…” [Surry County, Virginia Order Book 1671-1691, p277.]
This confirms that George Proctor and his wife died at more or less the same time.
20 April 1680
Land Patent: Thomas Senior 113 acres between the lands of Fra. Mason Jnr. and Tho. Edwards & Mrs. Mary Marriott on lower side fo Crouches creeke in Surry County… hiccory in Mr. Mason’s line of Bishop’s land ans soe by the lines of that land SxSW 250 poles … {Virginia Patent Book 7, p28.]
10 June 1679
Surry County tithables “belonging to Hogg Island” in Lawnes Creek parish
Thomas Edwards, Edwd. Tayler, Jno. Bishop – 3
27 May 1680
Surry County tithables – Samuel Swann’s list, Lawnes Creek parish
Jno. Bishop – 1
He may have been a servant, tithable to his master, until this year.
9(?) October 1680
Deed: Thomas Senior to Tho. High, both of Southwarke parish, for 1400 lbs tobo & Caske… 113 acres “granted to me (ye sd. Senior) by Pattent bearing the 20th day of Aprill last past” … by (BInn’s) and Mr. Fa. Mason’s line N26W 120 poles to a Hickory in Mr. Fra: Mason’s line of Bishop’s land and and so by the lines of that land SSW 250 poles to a red oak marked Mr Edwards his cart path & WNW 150 poles to a hickory by a Reedy branch & neere Mrs. Mary Marriott’s lie and thence by the said Mrs. Marriott’s line SE 156 poles… [Surry County Deeds Wills Etc. Book 2, p272]
Mrs. Mary Marriott is evidently the widow of William Marriott, son of Major William Marriott.
1 March 1680/1
Headright Certificate granted to Sion Hill for 450 acres “for ye Importacon into this Collony of Math. Blank?, Edwd. Gaylan, Wm. Bellamy, Jno. Bishop, Mary Wa____, John Ford?, Wm. Serum, Jno. Mills, Jacob Geratson he haveing made oath according to Law.” [Surry County, Virginia Order Book 1671-1691, p333.]
Sion HIll received a patent for 420 acres in Surry County on 28 September 1681 for transportation of nine persons who unfortunately were not named. Whether this John Bishop was a newcomer or an old resident returning from a trip outside the colony isn’t known..
8 June 1681
Surry County tithables – list of Arthur Allen, Lawnes Creek parish
Jno. Bishop, Edwd. Walebanck – 2
21 November 1681
Account current of “the estate of Major Wm. Marriott dec’d (debited) to to Jno. Moring Adm’r of Mr. Geo. Proctor’s estate 1681″… pd Mr. Mason per Proctor – 500, pd. Jno Bishop per (ditto?) – 3,220, . The balance of 20,025 “which is die to Mr. Sam’l Thompson as marryeing ye survivour of ye 2 orph’ts out of which 1500 is to be deducted for ye funeral charge of ye dec’d orph’n by ord’r of Cort.” Presented at court almost a year later on 9 September 1682. [Surry County, Virginia Deeds, Wills, etc. Book 2, p323.]
It is possible that Mary Marriott, daughter of Major William Marriott, was the child of Elizabeth Mason (and widow of John Bishop). William Marriott was married to Susanna Swann for almost nine months in 1660, by whom he had no children, so Mary Marriott was born either before or after 1660. If she married before reaching majority, at the age of 18 or19, then she must have been the child of Elizabeth.
6 March 1682/3
Account current of the Estate of George Proctor: “Pd. Sam’l Thompson his pt of Major Marriott’s estate in rt. of his wife – 20,025”. [Surry County Deeds Wills Etc. Book 2, p326.]
20 April 1682
Land Patent: Thomas Waller, 420 acres in the lower parish of Surry County … red oake in John Bishop’s line then south 152p John Bishop… {Virginia Patent Book 7, p133.]
10 June 1682
Surry County tithables – list of Arthur Allen, Lawnes Creek parish
Walter Bartlett, Jno. Bishop – 2
1 July 1682
Estate of Major Wm. Marriott deced D(ebits) to Jno. Moring Adm’r of Mr. Geo. Proctor’s Estate 1681… pd. Mr. Mason p(er) Mr. Proctor – 0500 (pds tobacco), pd Jno Bishop – 3220, [Surry County, Virginia Deeds, Wills, etc Book 1, p506.]
4 July 1682
“Jno. Bishop haveing beene Subpd. by Ni. Johnson agt. Jno. Roberts & attended one day Judgmt. is therefore granted ye sd Bishop agt. ye sd Johnson for one days attendance according to Law…” [Surry County, Virginia Order Book 1671-1691, p377.]
6 March 1682/3
Account Current of estate of George Proctor by john Moring: A long list of uncollectible debts due the estate of George Proctor “never to be reced, being not due, out of date or the persons run away” included “Jno. Bishop 60 (pounds tobo.)” Also noted that Samuel Thompson, who had married Mary the daughter of William Marriott, was paid his portion in right of his wife: “Pd. Sam’l Thompson his pt of Major Marriott’s estate in rt of his wife – 20,025” Surry County, Virginia, Deeds Wills Etc. Book 2, p326.]
This debt lised among the uncollectibles because Bishop is dead and apparently left no heirs and no estate of consequence.
There is no mention of Mary Proctor, daughter of George, who has apparently died. It is not clear whether Mary Marriott, wife fo Samuel Thompson, was the daughter of William Marriott by an earlier wife or by John Bishop’s widow.
9 June 1683
Surry County tithables – “within ye precincts of Lower Chipoaks & Black Water in Lawnes Creeke p’ish”:
Rich. Monck & Jno. Bishop – 2
10 June 1684
Surry County tithables:
Aug. Hunicutt, Jno. Bishop – 2 (Lawnes Creek parish)
10 June 1685
Surry County tithables:
Jno. Bishop – 1 (Lawnes Creek parish)
5 January 1685/6
At a Court held for Surry County: “Judgmt. is granted Edmund Palmer agt. John Bishop who married Joannah Charles for three hundred and fivety pounds of Tobo. & Caske with Costs..”.[Surry County, Virginia Order Book 1671-1691, p505.]
The only surname Charles in Surry records was John Charles, who was last mentioned in 1674.
10 June 1686
Surry County tithables:
Jno Page & Jno. Bishop – 2 (Lawnes Creek parish)
6 July 1686
At a court held for Surry County: “judgmt. is granted Rich’d Breede on behalf of Elizabeth Bishop agt. Walter Taylor for three hundred pds of tobo & Caske on Ball. (as by ye sd Taylor’s oath) appeares with costs als.” [Surry County, Virginia Order Book 1671-1691, p525.]
Is this Elizabeth Bishop living outside Surry County?
1 March 1686/7
At a court held for Surry County: “It is ordered that John Bishop be sumoned to appeare at the next Cort to answere the grand jury’s prsentmt. against him.” [Surry County, Virginia Order Book 1671-1691, p560.]
10 June 1687
Surry County tithables: “from upper Sunken Marsh upwards”
Mr. Tho. Blunt, Henry Briggs & Jno. Bishop – 3
24 June 1687
Grand jury indictments: among a list of those to be fined for non-attendance at church was … “Jno. Bishop for not going to Church”… [Surry County, Virginia, Deeds Wills Etc. Book 3, p83.]
19 December 1687
In response to an order of the Council that each county compile a list of “the ablest Freeholders and Inhabitants… that are qualified either in estate or p’son to find & maintaine a Man & Horse to be listed in a Troope for that county…” Surry lists a militia of 52 men “for horse” and 262 men “for foot”. No Bishop listed.
June 1688
Surry County tithables: (I did not see anyone named Bishop in this year’s list.)
June 1689
Surry County tithables: “of ye lower precinct of Lawnes Creeke p’ish”
John Bishop – 1
June 1690
Surry County tithables: “taken in ye lower precincts of Lawnes Creeke p’ish”
John Bishop – 1
8 June 1691
Surry County tithables: “in Lawnes Creeke p’ish”
John Bishop – 1
8 June 1692
Surry County tithables: “in Lawnes Creeke p’ish”
John Byshop – 1
10 June 1693
Surry County tithables: “in Lawnes Creeke p’ish”
Jno. Bishop – 1
9 June 1694
Surry County tithables: “in Lawnes Creeke p’ish”
John Bishop – 1
15 June 1695
Surry County tithables: “in Lawnes Creeke p’ish”
John Bishope – 1
2 September 1695
“Anno 1694 Estate of John Collins late of Lawnes Creeke in the county of Surry deceased is Dr… (a long list of debits)… to 10 Lb tobo due to Jo. Bishop… chrlccccharlescccccccchburgessed.]
1 February 1695/6
Will of Walter Barlett leaves to dear wife Alice Bartlett “my houses orchard and lands I now dwell in with the plantation John Bishop dwells in during her natural life… Proved 5 September 1699. Witness: Joseph Seat, Will Bruton, John Greene, Jno. Hancock, Richard (R) Morris. [Surry County, Virginia Deeds & Wills etc., Book 5, p179.]
Note that John Green sued Joanna Bishop two years later, implying that she is no longer married; that is, a widow.
June 1696
Surry County tithables: “of Lawnes Creeke p’ish”
Widdow Bishop p(er) Edw. Burges – 1
It isn’t clear what this means — was Burges tithable to her or was she tithable for some unnamed person? Edward Burgess does not appear in the 1697 tithables or in other records. And there is no further record of a Bishop in the tithables of 1697 through 1699.
November 1696
Will of Francis Mason: “… to my son James Mason and to his heirs for ever ye ye one halfe of devidend of three hundred acres of land formerly belonging to John Bishop late of this county deced…” and the other half to my daughter Francis Holt “ye wife of Tho. Holt” Proved 2 March 1696/7. [Surry County, Virginia Deeds & Wills etc., Book 5, p116.]
The will also names grandchildren, wife Elizabeth (who left her own will a few years later) and friends. The son James Mason also left a will a few years later.
3 May 1698
At a court held at Southwarke: “Jno. Green haveing caused Joannah Bishop to be arrested to this Court and not appeareing to prosecute the suite is therefore dismist.” [Surry County, Virginia Order Book 1691-1713, p208.]
Interesting that she did. not remarry in the 3-4 years after John Bishop’s death. Women were still in short supply in Virginia.
==> There are no further mentions of Bishops in Surry County records for the next 18 years