Showing posts with label Bishop Family. Show all posts
Showing posts with label Bishop Family. Show all posts

Tuesday, June 2, 2015

A Brief Introduction to Eastern Shore Justice. Grab Your Popcorn.

Last night as I was reading through Warren Billings's The Old Dominion in the Seventeenth Century, I came across a couple of county court records that I just had to share.

In the chapter on Self-Government, Billings offers textbook cases on various matters of civil justice. The bawdy indignity of these records is a reassuring reminder that our ancestors were no better behaved than we (in some cases, worse), and that people and things never really change. Well, no, I take that back. Some things do change, and for the better. For instance, we no longer drag people from the sterns of canoes (between cow pens, in shark-infested waters, no less) as retribution for mild insults, and only rarely do we require them stand on up-turned buckets in church aisles, wrapped in sheets and holding aloft "white wands" while repeating whatever demeaning phrases the local preacher might have scripted for them.

The players in these dramas would have been known, at least in passing, to our Henderson, Bishop and Barnaby relatives of the lower Delmarva Peninsula. So dim the lights, grab your popcorn, sit back and enjoy the appalling spectacle of 17th-century justice.

CHARACTER DEFAMATION, 1634 (Pages 95-96)

Northampton County Order Book, 1632-1640, fol. 34
At this Court Edward Drew preferred a petition against Joane Butler for caling of his wife common C*nted hoare and upon due examination, and the Deposition of John Halloway* and William Basely who affirmeath the same [on] oath to be true that the syd Joane Butler used those words. Upon due examination it is thought fit by this board that the syd Joane Butler shal be drawen over the Kings Creeke at the starne of a boat or kanew from one kow pen to the other, or else the next Sabath day in the tyme of the devyne servis betwext the first and second lesson present her selfe befor the minister and say after him as followeth, I Joane Butler doe acknowledge to have called Marie Drew hoare, and thereby I confesse I have done her manefest wronge, wherefore I desire before this congregation, that the syd Marie Drew will forgive me, and alsoe that this congregation will joyne, and praye with me, that God may for give me.

So what do you think? A good dragging from the stern of a canoe? Or a public mea culpa in church? I don't know about you, but I'm thinking the water is looking might-y fine, cow manure notwithstanding.

The second record is from across the Bay in Lower Norfolk County where we find early settler and justice Adam Thoroughgood (whose descendants would marry into connected Keeling and Woodhouse families) being brashly dismissed by the wife of William Fowler. In this case there was a single insult, but "several witnesses" gave oath that it did indeed happen as described, and the testimony of two witnesses is recorded (I only relate that of the first).

A JUSTICE SLANDERED (Page 96)

Lower Norfolk County Order Book, 1637-1646 (transcript), 1-2.

The deposition of Gilbert Guy, age 28 years or thereabouts Sworn and Examined, Sayeth That being at the house of William Fowler, discoursing with him concerning [a] certain cask found by the Servant of Capt. Adam Thorougood [one of the justices of the peace] by the Seaside, but afterwards being seized and fetched away by the aforesaid William Fowler, the aforesaid deponent told him it would vex him to have the said casks taken away from him, Thereupon the wife of the said William Fowler asked who would take them from him? The deponent answered Capt. Thorougood, upon which she, the said Anne Fowler, answered, "Let Capt. Thorougood Kiss my arse."... [William Tanner, a second witness, then affirms the conversation as related by Guy] ... Whereas it doth appear to this court by the oaths of several witnesses that Anne Fowler the wife of William Fowler of Linhaven, planter, did in a shameful uncomely and irreverent manner, bid Capt. Adam Thorougood Kiss her arse, with the assignation of many unusual terms, It is therefore ordered that the said Anne Fowler shall, for hir offense, receive twenty Stripes upon the bare shoulders and ask for forgiveness of the said Capt. Thorougood here now in Court and also the ensuing Sunday at Linhaven.

Although it's a little hard to follow, it looks like Thoroughgood's servant found a cask washed up onshore, and William Fowler took it from him (you have to wonder how that played out). Gilbert Guy fully expected that Thoroughgood would demand the return of the property found by his servant, but when he suggest that likely outcome to the Fowlers, Anne Fowler bid the good Captain (in absentia) to kiss her posterior -- and apparently unsatisfied to leave it at that, did so "with the assignation of many unusual terms." Good stuff. I expect she was wishing she could just kiss the Captain's "arse" and call it even by the time they were on about the 5th stripe.

In another case, the text of which I will not relate, Thomas Tooker (Tucker?) and Elizabeth Hauntine, also from the den of iniquity that was Lower Norfolk County, were in 1641 accused of "the foul crime of fornication" and ordered to do penance in the chapel of ease. On the next sabbath the guilty couple were to "...[stand] in the middle alley of the said church upon a stool in a white sheet and a white wand in their hands, all the time of Divine Service and shall say after the Minister such words as he shall deliver unto them before the Congregation there present..." And also to pay court costs.

Things didn't go quite according to plan. Elizabeth refused to play her assigned role when the minister "admonished hir to be sorry for hir foul crime" and then she went totally off script. "Like a most obstinate and graceless person, [she did] cut and mangle the sheet wherein she did penance."

Twenty stripes for her as well. I guess she could bandage herself up with that mangled sheet.

Ahhhh. Don't you wish we could go back to "the good old days?"

*John Holloway was an early Eastern Shore planter and physician. In 1640 James and Sarah Barnaby were listed as headrights for Holloway's Hungars Creek patent of 640a. James Barnaby was mentioned several times in Holloway's will.

Passages are taken from court records as transcribed in: Billings, Warren M. The Old Dominion in the Seventeenth Century: A Documentary History of Virginia, 1606-1700. Rev. ed. Chapel Hill: Published for the Omohundro Institute of Early American History and Culture, Williamsburg, Virginia, by the University of North Carolina Press, 2007.  

Wednesday, April 29, 2015

Update #1: Looking for the Link Between "Delmarva" James of 1661 and "Onslow" James of 1732, plus Bishops and Stokelys

If you have not yet read my original article in which I set out prove once and for all whether there is a direct lineal connection between the James Henderson Senior and Junior of early Onslow County NC and the older group of Hendersons on the Delmarva peninsula, take a moment to read that to get up to speed.

For years our two families of Hendersons have operated on the premise that each group had emigrated separately, the first arriving in the very early 1660's on the Delmarva Peninsula (Northampton and Accomack County VA), and the second Henderson family arriving roughly seventy years later, probably through the port of Wilmington, and then taking up land in what became Onslow County NC. To be fair, a couple of researchers from the Delmarva group gave the idea of a direct connection more weight than our group did, but no paper connection had ever been made between the two groups,* so we just had to shrug and wonder. Thanks to the magic of DNA testing, we've learned that not only is there a connection, but potentially a much closer one than we thought. This means we need to have another look at the paper trail.

A slight adjustment to what had been a longstanding chronology for the Onslow group (which I won't go into here, but which I believe is a correct change since it brings my work into alignment with that of Morris Meyers's) has shown several possibilities where the elusive connection might exist.

You'll see at the bottom of the first article the original version of the chart I made to help us quickly identify the places in the Delmarva tree where a direct connection with our James of Onslow might have occurred. In this article I am posting an updated version of the chart in which I believe I have eliminated two of the former candidates that were being investigated as potential ancestors.

I am not a linear researcher. I tend to be a bit like a hummingbird, flitting intensely from question to question, and person to person in the database, but at the end of the day (or week, or month), I typically arrive at a conclusion I can support with reasoning and evidence. I can't say that I'm pursuing this leg of the research in as systematic a way as I'd have liked (too many tangents lead me astray in the web of interconnected families), but I can say that my haphazard method has produced results.

As I said, I have eliminated two of the male candidates from the original chart, both of them sons of John and Elizabeth Barnabe Henderson. The John Henderson-Elizabeth Barnabe line is prolific and by far the best documented of the Delmarva group. John Henderson's younger brothers William (m. Sarah Bishop) and James Junior (m. Esther) are much less so, so I started with John's only two sons who might be long-shot possibilities: William b ca 1681 and Joseph (b unknown).  John and Elizabeth's other sons, Charles (b ca 1687), John Junior (b ca 1689), James (b aft 1695) and Benjamin (b ca 1697) were "pedigreed" enough for me to identify and eliminate them as strong candidates to be the ancestor of our Onslow James Henderson(s). Their children didn't fit the names or dates we were targeting, and were typically too young to be our man.

If there is indeed the direct connection between our two families that we suspect, our  James Henderson Senior of Onslow was most likely a grandson of the original Delmarva James of 1661 Northampton/Accomack County VA.  Even so, I had a quick run through the children of John and Elizabeth Barnabe Henderson just to make sure there were no obvious gaps, and to satisfy myself that I had thoroughly explored every possibility before ruling them out.

Again, I realized that I had no information on that couple's eldest son, William, nor their youngest, Joseph. Subsequent research showed that both men had pre-deceased their father and William apparently died without heirs, naming only siblings in his will. This explains why there is so little about him online. No descendants to dig up bones. Joseph's will only mentioned a wife (Elizabeth) and an underage daughter, Hannah. That seems to effectively eliminate both of these men, who were already weak candidates due to their age (in other words, they obviously aren't our man, and their children would have been too young to be our James Senior, even had any previously undocumented sons of either man turned up in research).

Both of those men are now grayed out on the updated chart (at the bottom of this article, click to enlarge) with notes indicating no direct male heirs.

In another encouraging development, I believe I have identified an unaccounted-for James Henderson on the 1723 "census" information for Somerset County MD (where the Delmarva group settled after leaving Northampton and Accomack). Since we can account for the James living in 1723 who belonged to John and Elizabeth Barnabe Henderson (as well as John and Elizabeth's grandson James who would not have been old enough in 1723 to head up a household), AND we can account for the James Henderson Junior b 1669 who married Esther, then this third unidentified James (born sometime prior to 1703) would necessarily have had to have belonged to William and Sarah Bishop Henderson, OR to James and Ester Henderson. This is precisely what we were hoping to find. A previously unidentified James of the right age in Delmarva. But it's too soon to get excited. We can't prove he's our James Henderson Senior of Onslow, and we don't know which of the two couples he belonged to. But I'm working on that. I have my suspicions. Things are looking promising, but it's a tough row to hoe trying to find solid documentation that far back.

The third change to the chart is a very tentative (and perhaps premature) one. We know that James and Mary Henderson were the parents of John, baptized 1661 in Northampton Co VA, and also of William and sister Jane (sometimes spelled Jeane), both born before 1668. But in 1668 James has a new wife, Alice, whom he "transports" into Somerset County MD along with his three children. Obviously some time before 1668 Mary had died, leaving John with three very young children. I can just imagine how he liked that situation. He needed a wife, and fast. And as they say, proximity, proximity, proximity.

Up until this point, based on the "transportation" record of 1668, we had idly believed that James brought his children and new wife Alice from England? Scotland? But there was a problem with that. John, the eldest, was clearly baptized in Northampton County VA in 1661. James was active and well-documented in the records of the Delmarva Peninsula all through the early-to-mid 1660's so he had little opportunity to take a practically constantly pregnant Mary on a dangerous ocean voyage to England/Ireland/Scotland (and why do so?), then remarry and travel back to Virginia/Maryland in time to be there in April 1666 when he received a 400a grant for eight headrights in Accomack County VA. When I laid this out on my timeline, I realized he had only moved the family from the colony of Virginia across the (disputed) border into the colony of Maryland. That constituted "transporting" the family That meant wife Alice was likely from Virginia. Proximity, proximity, proximity. 

Now, let's talk about those eight headrights in April of 1666. Like I said, I'm a research hummingbird and I dart from idea to idea, and one of the ideas I've been spending some time on is the connection between the Henderson family and the Bishop family. (Remember, James's son William married Sarah Bishop in 1685 [documented], daughter of Delmarva settler Lt. Henry Bishop, who, incidentally was a neighbor to Gilbert Henderson who was also in Hungars Parish in 1661 baptizing a daughter the same year James and Mary Henderson were baptizing their son John, but I digress. Hummingbird.). The Bishops married into the Stokely family (of early Accomack and Northampton Counties, VA, also spelled Stockley and Stoakley). The Bishops also show up in 18th-century New Hanover and Onslow County NC, and could be clue that leads us to the connection between our Onslow group and the Delmarva group. But...hummingbird.

So back to those headright settlers, now that we've established a family connection between the Hendersons and Bishops and Stoakleys, and we're talking about (or were supposed to be) James's second wife, the mysterious Alice, take a look at this record from Cavaliers and Pioneers: "JAMES HENDERSON, 400 acs. Accomack Co., on S. side of Pocomoke Riv., 5 Apr. 1666, Bounded on E. by land surveyed for Thomas Davis. Trans. of 8 pers: Jno. Long, James Collins, Edwd. Top, Eliz. White, Jno. Price, Jno. Aubry, Alice Stewkly, Florence Evans."

Alice! Stewkly! Stokely? Proximity, proximity, proximity.

Click chart to enlarge

*Barnaby Henderson, son of Charles & Parthenia Merrill Henderson of the Delmarva line shows up in Onslow County NC several decades after James Senior and Junior are already settled on property on the New River. This later immigration of Onslow County Hendersons is well-documented and is not the connection we are looking for, however, almost all of the Hendersons who remain in Onslow County today trace back to this line.