Person Page - 816

     Wyatt was born circa 1836 at Jasper Co., Georgia.¹ He was the son of Wyatt R. Smith and Rocky Annis Gilstrap.

     Yancy was born circa 1887 at Alabama. He married Daisy Kelly, daughter of Charles Henry Kelly and Mary Lee Borland, on 5 September 1909.

     Asia was born circa 1680 at Shaftesbury Pct., Albemarle Co., North Carolina. She was the daughter of Edward Smithwick and Elizabeth (--?--). She married Daniel Smith, .¹ Asia Smithwick died after 1717 at Chowan Precinct, North Carolina.²

     Cloannah was born circa 1724 at Bertie Co., North Carolina. She was the daughter of John Smithwick and Sarah Speller.

     Edmund was born circa 1684 at Chowan Precinct, North Carolina. He was the son of Edward Smithwick and Elizabeth (--?--). Edmund died circa 1774 at Martin Co., North Carolina.²
     Edmund's occupation: Planter.
Biography of Edmund Smithwick:

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, North Carolina. 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,
Mary
Carkeet and Africa
Blount.

     Edward was born circa 1649 at Upper Norfolk Co, Virginia.² He was the son of Hugh Smithwick and Elizabeth (--?--). He married Elizabeth (--?--), , circa 1672 at Chowan Precinct, North Carolina.¹ He married Africa (--?--), , circa 1694 at Chowan Precinct, North Carolina.² He married Sarah (--?--), , circa 1703 at Chowan Precinct, North Carolina.¹ Edward died circa 1716 at Edenton, Chowan Precinct, North Carolina.³
     Edward's occupation: Planter.
Biography of Edward Smithwick:

Edward Smithwick was a very prominent man of his time. Gracy, Johnston and Bennett in their books devote several pages to Edward. Bennett's discussion in particular is excellent.


     Edward was married three times but records indicating the maiden names of these wives have not been found. Africa is presumed by many 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 however, 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 were 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 know 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 fathers 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, North Carolina.

      Edward signed his will on 21 January 1715 and it was proved in the 1716 October court.

     Edward was born circa 1675 at Shaftesbury Pct., Albemarle Co., North Carolina. He was the son of Edward Smithwick and Elizabeth (--?--). He married Grace (--?--), .² Edward died circa 1719 at Edenton, Chowan Precinct, North Carolina.³
     Edward's occupation: Planter.

     Elizabeth was born circa 1660 at Nansemond Co., Virginia. She was the daughter of Hugh Smithwick and Elizabeth (--?--). She married Robert Warburton, , circa 1678 at Chowan Precinct, North Carolina.² Elizabeth died circa 1692 at Chowan Precinct, North Carolina.²

     Elizabeth was born circa 1678 at Shaftesbury Pct., Albemarle Co., North Carolina. She was the daughter of Edward Smithwick and Elizabeth (--?--). She married Martin Griffin, , circa 1700 at Chowan Precinct, North Carolina.¹

     Hugh was born circa 1620 at England.¹ He married Elizabeth (--?--), , circa 1645 at Nansemond Co., Virginia.² Hugh died before 1674 at Shaftesbury Pct., Albemarle Co., North Carolina.
     Hugh's occupation: Planter.
Biography of Hugh Smithwick:

Hugh Smithwick is the immigrant ancestor to America of this family. Alice Duggan Gracy in her book "Thomas Hinds Duggan, 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 below.

      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; it borders 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 Duggan" p. 152]

      Virginia planters in pursuit of rich land on which to grow tobacco began moving into the northeastern area of what is now North Carolina in the 1650's. By 1663 these early settlers had attracted attention in England. A group of English courtiers thought that they saw in the region an opportunity to colonize the country and thereby acquire power and wealth. They sought a grant from the King. King Charles II of England complied by issuing a charter to the eight Lords Proprietors in 1663 by which he created the Carolinas. Hugh
Smithwick was thus 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 Decd." (Edward Smithwick having testified that the will had been lost.) [Johnston, "Thomas Hooks" p. 122].