Samuel Smithwick was the son of Edward Smithwick (b in Upper Norfolk Co., VA circa 1649 -d circa 1716 in Edenton, Chowan Precinct, NC) and Africa Pike (born in 1644 in Surrey County, Virginia.) Samuel was born in Chowan Precinct, NC circa 1685. He married Mary Swain circa 1720 in Chowan Co., NC. Samuel moved into the area of Cashie Neck in Bertie County after the death of his father. His name appears on a number of deeds and other instruments, often with his brother Edmund. He died in Bertie County after 1750.

Edward Smithwick married three times. He married Elizabeth ( ) circa 1672 in Chowan Precinct, NC. Elizabeth was born circa 1650. Elizabeth died circa 1690 in Chowan Precinct, NC. Nothing is known about Elizabeth s maiden name. Edward married Africa Pike circa 1694 in Chowan Precinct, NC. Africa died circa 1703. He married Sarah ( ) circa 1703 in Chowan Precinct, NC. Sarah died before 1709 in Chowan Precinct, NC. Edward Smithwick was a very prominent man of his time. Gracy, Johnston and Bennett in their books devote several pages to Edward. Africa is presumed by many (but not all) researchers to be the mother of all of Edwards children.

During the 1670 s and 1680 s when Edward was in his twenties and thirties, what government there was in the Carolina Colony and the Chowan Precinct area, was either illegitimate, corrupt, being rebelled against or suffering under tyrannical rule. As a result there are few records during this period as most were destroyed. In fact, Edward spent considerable effort in the 1680 s to 1700 s filing claims with the courts to regain lands that were due him from his father s estate as well as reclaiming headrights and patents for his step-children, nephews and in-laws. For example, Hugh Smithwick died in 1674, but his will was not probated at that time, possibly because John Jenkins whose commission as Acting Governor had expired in 1675 and Thomas Eastchurch who was elected Speaker, had Jenkins imprisoned because he continued to govern. By 1677, Eastchurch and cohort, Thomas Miller had gone to England where Eastchurch was appointed governor and Miller appointed Secretary. However, Eastchurch was delayed in returning and Miller illegally assumed the power of governor in July 1677, before Eastchurch returned. Miller s conduct of government contributed to "Culpeper s Rebellion" where Miller was imprisoned and John Culpeper and George Durant also illegally took over the government. Eastchurch died before he could return. It wasn t until July, 1679 until a commission arrived appointing John Harvey as Acting Governor that a government was reestablished. Apparently many inhabitants let their legal business wait during this period until these issues were resolved. It was during the rebellion that colonists seized and destroyed government records and papers of officials. [Bennett, Smithwick Genealogy]

It is not known what part Edward Smithwick played in "Culpeper s Rebellion" of 1677-79. Culpeper s Rebellion was one of the first uprisings in the American Colonies. It was caused by enforcement of the navigation acts which forced the Carolina colonists to market their tobacco only thru New England shippers and the payment of heavy duties. The colonists wanted to ship directly to England or to other markets of their choosing. About 4000 settlers in the Albemarle colony, through their leaders John Culpeper and George Durant rebelled. They took over the government, established courts, appointed judges and convened an assembly. Culpeper was governor for two years and then went to England to seek settlement of the matter. Culpeper was arrested in England, tried and acquited. The matter ended without bloodshed.

In early 1780, Edward Smithwick came into court to probate his father s will which had been lost or destroyed years earlier. On 1 April 1680 he received letters of administration of his father s estate. It was not until 1683 that the estate was settled. However, here again, land records were destroyed by Seth Sothel, one of the Lords Proprietors, who took over as governor from 1682 to 1689 when he was banished from the colony. [Bennett, Smithwick Genealogy]

On 30 June 1680 Edward was arrested and imprisoned on charges trumped up by Robert Holden who had assumed control of the colony. On July 2, Holden himself was arrested and four days later, Edward was afforded bail and went home. However, on 12 September 1680, Edward was again arrested without warrant likely by Holden s direction and held in confinement for about 2 months until he was released because a grand jury could not return a true bill. [Bennett, Smithwick Genealogy]

Edward increased his land holdings by inheritance, grant, purchase and transporting individuals into the Carolinas for which he received 50 acres for each. However, due to the lack of records no very clear account of his land ownership can be determined. By the time of his death, he ultimately owned in excess of four thousand acres in the Cashie Neck area of present day Bertie County. He was named surveyor in 1682, served as a juror and as a commissioner in local courts. He was a member of the House of Burgesses in 1703 and again in 1711 and 1712. In fact, he was likely a practicing attorney as he was entitled to be referred to or addressed as Mr. Edward Smithwick or Edward Smithwick, Esquire. He was present at the organization of St. Paul s Parish, Chowan Precinct in 1701. He served on its vestry for many years and gave the land for the first church building. This is the first church building in North Carolina. His name is inscribed on a marble plaque in the rear wall of the sanctuary of the present-day St. Paul s Episcopal Church in Edenton, NC. Edward signed his will on 21 January 1715 and it was proved in the 1716 October court.

Edward Smithwick and Africa ( ) had the following children: Edward was born in Shaftesbury Pct., Albemarle Co., NC circa 1675. Edward died circa 1719 in Edenton, Chowan Precinct, NC. He married Grace ( ); John was born circa 1677; Elizabeth was born in Shaftesbury Pct, Albemarle Co., North Carolina circa 1678. She married Martin Griffin circa 1700 in Chowan Precinct, NC; Sarah was born in Shaftesbury Pct., Albemarle Co., NC circa 1679; (Dau. ?) was born in Shaftesbury Pct., Albemarle Co., NC circa 1680. She married ( ) Smith; Susannah was born in Shaftesbury Pct., Albemarle Co., NC circa 1682. She married William Charlton; Edmund was born in Chowan Precinct, NC circa 1684. Edmund died circa 1774 in Martin Co., NC. Edmund moved into Bertie County in the area of Cashie s Neck in the early 1720 s. His name appears on several deeds in that area. He also likely lived on the south side of the Roanoke River in the area of Smithwick Creek in present day Martin County, NC. The name of his wife is unknown. In his will dated 11 May 1772, in Martin County, he indicated his sons as Edmondson Edmond, John, Samuel, Edmondson John and daughters as Hannah Jordon, Sarah Carkeet and Africa Blount;

Edward Smithwick was the son of Hugh Smithwick (b. England about 1620 - d before 1674 in Shaftesbury Pct., Albemarle Co. NC) married Elizabeth ( ) about 1645, in Nansemond Co., VA. Hugh Smithwick Descendants Martin Co. (NC) Historical Society. Book can be found in Statesboro Library, GA.

 Hugh Smithwick s wife Elizabeth was born circa 1620. Elizabeth died after 1669 in Shaftesbury Pct., Albemarle Co., North Carolina. High Smithwick is the immigrant ancestor to America of this family. Alice Duggan Gracy in her book Thomas Hinds Dugan, Descendant and Ancestor, and Coy J. Johnston in his book Thomas Hooks, 1730-1803, His Antecedents and Descendents, and Allied Families of Harrison, Duggan and Smithwick and William Doub Bennett s 1995 section entitled "Smithwick Genealogy" in the book Hugh Smithwick Descendants published by the Martin County (North Carolina) Historical Society have searched the available records and cited them in their works. The reader is advised to read those works for information or proof beyond what is described here.

Hugh Smithwick "likely arrived in Virginia in early 1642, being one of fifteen men brought over by William Eyres, who received for their transportation into the Colony "750 Acs. Up. Norf. Co., May 23, 1642...Upon an arm of the W. br. of Nansemond River, adj. John Garrett." Upper Norfolk County became Nansemond County and is so known today; bordering northeastern North Carolina." [Gracy, Thomas Hinds Duggan p. 151]

By 1669, Hugh and his family moved into North Carolina to an area bordering the northern part of present day Edenton. A petition, made by his sons, Edward and John, in 1694 "stated their father Hugh Smithwick came into this country (Albemarle) about 35 years since..."[Gracy, Thomas Hinds Dugan, p. 152] He was one of the early permanent white settlers in the Carolina s.

Hugh Smithwick died circa 1674, testate, but his will was lost. In that year, 1674, at a court held in Shaftesbury Precinct this order was entered: "Ordered that Mr. Hugh Smithwick s will be proved in Shaftesbury Precinct with all convenient speed..." and, "Att the Corte held for ye Precinct of Shaftesbury the first day of April 1680 Att Edward Smithwick house, present Mr. Thos. Cullen, Judge, Mr. Joseph Chew, Mr. Joseph Gilbert, Commissioners. It is ordered that Edward Smithwick have letters of administration upon the estate of his father Hugh Smithwick Deed.""(Edward Smithwick having testified that the will had been lost.) [Johnston, Thomas Hooks p. 122]

Hugh Smithwick and Elizabeth ( ) had the following children: Edward was born circa 1649; Hugh was born in Nansemond Co, VA circa 1650. Hugh died before 1693 in Chowan Precinct, North Carolina; Ralph was born in Nansemond Co, VA circa 1655. Ralph died before 1693 in Chowan Precinct, North Carolina; Elizabeth was born in Nansemond Co, VA circa 17660. Elizabeth died circa 1692 in Chowan Precinct, NC. She married Robert Warburton circa 1678 in Chowan Precinct, NC. Robert died circa 1692 in Chowan Precinct, NC; John was born in Shaftesbury Pct., Albermarle Co., NC circa 1670. John died December 1696 in Chowan Precinct, North Carolina, at 26 years of age. John died in present day Hyde Co., NC. He married Hannah Kent circa 1690 in Chowan Precinct, NC. Hannah was born 10 May 1673 in Berkket Precinct, NC. Hannah was the daughter of Thomas Kent and Ann ( ). Hannah died November 1711 in Chowan Precinct, NC, at 38 years of age; Mary was born in Chowan Precinct, NC circa 1672. She married Thomas Gregory circa 1695 in Chowan Precinct, NC. Thomas was born circa 1670. Thomas died circa 1713 in Chowan Precinct, NC. Hugh Smithwick Descendants Martin Co. (NC) Historical Society. Book can be found in Statesboro Library, GA.

Susanna Williams Knight's great, great grandmother was Mary Swain. Mary's father was Stephen Swain b. November 21, 1666 Nantucket Island, Massachusetts Bay Colony d. January 24, 1713 Chowan Precinct, Albemarle, North Carolina.

Stephen Swain married 1688 North Carolina Patience STIBALL b. Abt 1670 Perquimans County, North Carolina d. February 3, 1737 Chowan Precinct, Albemarle, North Carolina

Children:
John SWAINE b. 1690
Elizabeth SWAINE b. 1692 M. James SWAINE b. 1695
James SWAINE
Mary SWAINE b. 1698
Patience SWAINE b. Abt 1700
Richard SWAINE, Sr. b. 1706

Bertie County NC - Will of Stephen Swain - 1713

Last Will and Testament
Stephen SWAIN
District of Chowan, NC
1-24-1712/13

In the name of god amen. I Stephen Swaine of the district of Chowan in the province on NC being sick and weak in body but of sound and perfect mind and memory praised be almighty god for it doe make and constitute this my last will and testament. Revoking disanulling and making void all other wills by me heretofore made. Imprimis. I give and bequeath my soul into the hands of god my Creator hoping at the last day to have full pardon and redemption of all my sinns through the merits of my blessed Savior and redeemer Christ Jesus and as touchings such worldly estate as it hath pleased god to blessed me in this transitory life I give and bequeath the same in manner following my just debts and funeral expenses being firs payd and satisfyed by my executors hereafter named.

Item I vie to my son John Swaine all my plantation and tract of land whereon I now live and to his heirs for ever

Item I give to my son James Swaine a tract of land lying in thick nick containing 50 a to him and his heirs forever

Item I give to my son Richd Swaine a tract of land lying at cushy containing 100 a with all the stock thereunto belonginge and to his heirs for ever.

Item I give to my son John Swaine one third of all my personal estate to be delivered to him soon after my decease

Item I give to my dau Elizabeth Spruell one shilling in full of all demands

Item I give to my loving wf Patience Swaine on other third of all my personal estate and to her heirs forever.

Item I give one other third of all my personal estate amongst my children vizt James, Richd, Mary , and Patience Swaine and to their heirs for ever equally to be divided amongst them

I do hereby nominate constitute and appoint my loving wf Patience and my son John Swaine executors of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this 24th day of Jany Anno Domi 1712

Patience married Henry Speller after the death of her husband, Stephen Swaine. The following is her will.

Last Will and Testament
Patience Speller, Bertie Precinct, NC
2-3-1738/39

In the name of God amen ye third day of February 1738, I patience Speller of bertie prect in ye county of Albmarl being very sick and weak in body but of perfect mind and memory thanks be given unto god therefore calling unto mind the mortality of my body and knowing the its appointed for all of us once to dye do make and ordain this my last will and testament that is so say principally and first of all I give and recommend my soul into ye hands of god that gave it and my body I recommend to ye earth to be buried in a decent Christian burial at ye desecration of my ex nothing doubting but at ye general resurrection I shall receive ye same again by ye mighty power of god and as touching such worldly estate wherewith it hath pleased god to bless me in this life I give devise and dispose of ye same in ye following manner and form

imprimis I give and bequeath to my son James Swain and his heirs my Mulatto fellow Sam

Item I give and bequeath to my dau Patience Ray and her heirs a mulatto girl named Sary

Item I give and bequeath to my dau Ann Ward and her heirs a mulatto girl named Beck my chest of drawers

Item I give and bequeath to my son Thomas Speller and his heirs a mulatto boy named Isaac

I likewise desire that if ye Negro wench which is ye mother of ye above mentioned children should ever bare another child that my son Richard swains eldest dau should have it

I give and bequeath to my three grand children Sarah Smithwich, John Smithwick and Elizabeth Smithwick tow cows and calves to each of them

Item I give and bequeath to my son Richard Swains eldest son William Swain a young rone horse called Gackey

I likewise desire that my old Negro wench Sarah should ever live among ye family of my children with whom of them she likes best where she likes best there she may stay longest but never to go out of ye family I likewise constitute make and ordain my son James Swain and my son Thomas Speller my sole executaors of this my last will and testament and I do hereby utterly disallow revoked and disannul all and every other former testaments wills legacies and bequests and executors by me in any ways before named last will and testament In witness whereof I have hereunto sett my hand and seal ye d and ye year above written:

Wit: Charlton Mizell, Philip Ward

Source: http://ftp.rootsweb.com/pub/usgenweb/nc/bertie/wills/swain1713.txt

John Swaine b. October 5, 1633 Binfield Parish, Berkshire, England d. February 9, 1714 Nantucket Island, Massachusetts Bay Colony m. November 15, 1660 Hampton Falls, New Hampshire. John Married Mary WEARE b. Abt 1633 Newberry, Massachusetts Bay Colony d. 1714 Nantucket Island, Massachusetts Bay Colony

Children:
Mary SWAIN b. September 11, 1661
John SWAIN b. September 1, 1664
Stephen SWAIN b. November 21, 1666
Sarah SWAIN b. July 13, 1670
Joseph SWAIN b. July 17, 1673
Elizabeth SWAIN b. May 16, 1676
Benjamin SWAIN b. July 5, 1679
Hannah SWAIN b. May 7, 1681
Patience SWAIN b. Abt 1685

Richard Swain b. September 21, 1595 Binfield Parish, Berkshire, England d. April 14, 1682 Nantucket Island, Massachusetts Bay Colony. Richard Swain married before 1633 Elizabeth Baselle b. Abt 1605 England d. July 15, 1657 Hampton Falls, New Hampshire

Children:
William SWAIN b, Abt 1618
Francis SWAIN b. Abt 1621
Nicholas SWAIN b. March 5, 1623
Grace SWAIN b. February 23, 1627
Dorothy SWAIN b. Abt 1629
Richard SWAIN II b. May 6, 1630
John SWAIN b. October 5, 1633
Elizabeth SWAIN b. October 9, 1636

Richard Swain and his son John Swain were among the first settlers of Nantucket Island. They were part of a group of men who first bought the island. Richard Swain also helped to found the town of Hampton, New Hampshire.

William SWAINE, Baronet, b. circa 1575 in England; married Ann Trumbull, b. abt. 1578 in Yorkshire, England, d. 4 April 1648 in Rowley, Essex Co., MA

Children:
Richard SWAINE b. September 21, 1595

Mary Swaine's mother, and Susanna Williams Knight's great-great-great grandmother, was Patience STIBALL. Patience was born about 1670 in Perquimans Co. NC. She died about 3 Feb 1737/38 in Bertie County North Carolina.

Patience Stiball's parents were Richard Stiball and Hannah ____.

Richard Stiball, died about Apr 1695 in Chowan Precinct Albermarle County North Carolina. Richard and Hannah had the following children:

Elizabeth Stiball, born in Perquimans County, NC; died Bef. April 1694.

Martha Stiball, born in Perquimans County, NC.

Mary Stiball, born in Perquimans County, NC.

Patience Stiball, born Abt. 1670 in Perquimans County, NC; died February 03, 1736/37 in Bertie Co. NC; married Richard Stiball. Married second Henry Speller before 1716.

Constance Stiball, born 1687 in Perquimans County, NC; married first Williams; married second Thomas Showden in 1703 in Chowan Co, NC.