The Marshall Family

     
     In his history of Isle of Wight County, Virginia, John Bennett Boddie writes:
In 1666, Elizabeth Westray, widow of William Westray, and seemingly, also, previously of John Marshall, deeded her estate to John Marshall and Humphrey, his son, as evidence to my children John and Humphrey Marshall.1
     Although obvious that the widow Westray was previously married to a Marshall, Boddie concedes that his given name may not have been John:
The deed of Elizabeth Westray is somewhat confusing as there seems to be no evidence as to the first name of her former Marshall husband. Somewhere there is a Robert Marshall mentioned as being in the county very early, and if so, he could have been Elizabeth's former husband, which would make John Marshall the first "John Marshall" in the county but of the second generation.2
     Boddie mentions transactions in which John Marshall bought or patented land in Isle of Wight County in 1638, 1655 and 1665. He attributes the earliest two to John the father, and the last to John the son. The writer, after consulting numerous sources, believes that Boddie's two Johns were the same man, and the name of his father is not known. If he was Robert, Boddie's alternate suggestion, the writer finds no trace of him in Isle of Wight. There was a Robert Marshall who leased ten acres in James City County in 1628, which at that time was adjacent to Isle of Wight, but there is court testimony that a Robert Marshall proposed marriage to Eleanor Sprage in James City County in 1624. If these two records are for the same man, he could not have been the father of the John who bought land in Isle of Wight in 1638, but was perhaps a brother. (John Marshall was at least 21 in 1638, so he was born no later than 1617).

     Elizabeth Marshall Westray is said by some to have been Elizabeth Susannah Scowne, daughter of Humphrey Scowne, but the writer has found no supporting evidence. On 16 September 1636, Humphrey Scowne patented 100 acres in Warrosquyoake County (original name of Isle of Wight County) on the south side of Nanzamund River, being between the land of Joseph Sammond and John Geary.3 On the same day, and in the same county, he patented 200 acres lying between the land of Mr. Richard Bennett and the land of Francis Hoope.4

Marshall Records - Isle of Wight County, Virginia
John Valentine sold "Mr. John Marshall 100 acres adjacent Everett Roberts and down the creek that leadeth to the church" 13 January 1638.1 (Boddie's first John).

John Marshall patented 200 acres in the county on 8 June 1655. 120 acres of the patent was assigned by John Valentine, and 80 acres adjoined his own land.5 (Boddie's first John).

John Marshall, 28 January 1662, 200 acres adjoining his own land, George Midland & Richard Penney, 120 acs part thereof, &c., Formerly grd sd Marshall, June 8th 1655, & now renewed.6 (Boddie's first John, as it is a renewal of the 1655 patent).

John Nevill of Nansemond, planter, and Eliz. his wife sell to John Marshall of Isle of Wight, for 1000 lbs. tbco. 400 acres land granted 6 Mar. to Henry Bradley and Bradley sold to Nevill, Feb. 2, 1663. Rec. in Nansemond, John Lear, Clerk. Rec. in I of W. Jno. Jennings Clerk. Teste, Arthur Skinner, Wm. Burgh.7

Thomas Pitt, aged 28 years sayeth that on the 4th of the present month of Feb. he was at the house of Mr. John Marshall, in a room with Mr. John Brewer and Thomas Pool came in contrary to the will and desire of Mr. Brewer and a quarrel between Mr. Brewer and Pool ensued. 9 Feb. 1664.8

Ambrose Bennett, Arthur Smith and Richard Sharp bind themselves to pay Elizabeth Westwray, widow, the sum of 40,000 lbs. tbco. on demand. The conditions being that the aforesaid men at all times bind themselves to defend her for the possessing of Ambrose Bennet with the estate of his dec. father and putting in the hands of Wm. Westwray deceased husband of said Elizabeth. 11 Apl., 1665 Teste, Jos. Bridger, Jno. Marshall. Whereas John Marshall and Wm. Andrews became surety for Wm. Westwray on condition of his being guardian for Ambrose Bennett, said Marshall and Andrews having no security said above sureties for Eliz. Westwray also agree to save from any damages. 6 June, 1665. Teste, George Smyth, Thomas Parnell.9

John Marshall patented 700 acres next to Captain Fulgham on 12 July 1665. (Boddie's second John)10 on 12 July 1665.

Elizabeth Westwray, widow of Wm. Westwray, deeds all real and personal estate to John Marshall and Humphrey Marshall, his son, *** to evidence to my said children, John and Humphrey Marshall, 8 May, 1666. Teste, Thos. Holloway, Peter Garland.11

James--(X)--Valentine and Mary--(X)--his wife, convey to Mr. John Marshall, 100 acres which John Valentine (father of said James deeded to said Marshall January 13, 1638, being in the Lower Parish of Isle of Wight Co. on south side of a creek, adjoining Everett Roberts and running to head of creek that leadeth towards the then church; also some additional land bounded by the Deep Swamp and adjoining Richard Penny. Dated 9 January 1667.12 (This plainly indicates that the John Marshall who bought land from John Valentine in 1638 was living in 1667. If accurate, he could not possibly have been the father of Elizabeth Westray's Marshall children).

Whereas my father John Vallentine by deed dated 13 Jan. 1638, sold unto Mr. John Marshall a tract of land in lower Parish of Isle of Wight where said Marshall now lives, 100 acres adj. Everett Roberts and down the creek that leadeth to The Then Church, know, that I James Vallentine, son and heir to said John Vallentine and wife Mary confirm the said sale 8 Jan. 1667. Liby Hibball, Susanna Calloway.13 (Same as above with slight discrepancy in dates). He John Marshall 28 Apl. 1667 sells Cornelius Scully for 2000 Lbs. tbco. 150 acres lying on Beaver Dam Swamp bought of John Nevill. Teste, Giles Driver, Jno. Abbott to on 28 April 1667.14

John Marshall on 6 June 1667, sold a tract of land [160 acres] to William West, and in the will of William West, of February 7, 1708-9, this John Marshall is spoken of as John Marshall the elder.15,14 (This indicates that there were two John Marshalls, father and son, or perhaps uncle and nephew, but this John Marshall, alive in 1667, is obviously not Boddie's first John. If Boddie's second John or John's brother Humphrey had a son John, the writer has found no record).

Deed of Humphrey Marshall of Isle of Wight &c. HM, his mark, and Priscilla Marshall P, her mark, 1673.16 (Some believe Priscilla was Priscilla Thomas, daughter of William Thomas and Elizabeth Hill, but the writer has seen no proof. She is not listed among the known children of this couple). He Humphrey Marshall sells to Anthony Holladay 500 acres pat. to Marshall Apl. 1667 and John Neville. 25 June 1674. Thos. Taberer, Richd. Penny. Prisilla Marshall also signs to on 25 June 1674.17

9 April 1677, John Marshall begs pardon in court on his bended knees for "scandalous words" uttered before ye Worpfll Comth (in accordance with their order). (deeds 172)

Marshall, John, one of Bacon's supporters in 1676. When the royal commissioners opened their office in 1677 at Swann's Point, Marshall and others lodged complaints against Sir William Berkeley which they recanted; Marshall bedded pardon on his bended knees 283-284 Enc of VA bio

John Marshall before open court, 19 April, 1677, made apology for having uttered and publicly spoken * * * scandalous words before the Worshipful Court and Multitude for which he has obtained forgiveness of His Majesties Hon. Court. etc., and makes humble confession, and beggs pardon as he has done before. "God Save the King" (574 Boddie citing Will and Deed Book I, 1662-1686).

John Marshall deeded to his sons Robert and Humphry in 1680.

Will of John Marshall, X his mark: Son Humphrey, dau. Mary; "youngest son" [Robert], brothers Humphrey Marshall and Peter Best. Dated 4 Oct., 1687; Proved June 9, 1688. (If there was only one John Marshall as the writer proposes, he was no younger than 71 when he died, for he had to have been at least 21 in 1638 when he bought land from John Valentine).

Humphrey Marshall on the 5th of June, 1696, returned an inventory of the estate of Nicholas Smith, and the appraisement of the property in the parlor, in the hall, the parlor chamber, the hall chamber, the porch chamber, over the hall chamber, over the parlor chamber, over the porch chamber, &c., was very varied and handsome. (wills 222).

John Day, of the City of Bristoll, merchant, power to Humphrey Marshall. 1697.(186 wills).

Will of Robert Marshall (youngest son of John), M.R.: Sons Robert, John, Humphrey. Dated 18 July, 1698; proved 9 Aug., 1698. (175 VA will).

VA quitrent rolls 1704, Humphry Marshall, 600 acres (429).

Will of Humphrey Marshall (eldest son of John): Gr'sons Humphrey Scutchins, Joseph Scutchins, dau. Mary Hill, dau. Anne Applewhait, gr'son Thomas Applewhaite; legacy to Thomas, son of Elizabeth Thomas, John Thomas; my 3 daus. Sarah, Mary, and Anne, dau. Sarah Scutchins, son-in-law Henry Applewhaite and Coll. Sam. Bridger, Exors. 18 Dec., 1711. (180 VA will).

Thomas Nosworthy's will: Cozen Elizabeth Nosworthy, dau. of Bro. John Nosworthy; cozen Julia Nosworthy, dau. of bro. John; John Marshall, son of Humphrey Marshall; Martha Baker, dau. of sister Martha Baker; bro. Charles Nosworthy. Dated 31 July, 1723; proved 29 Oct., 1723. (190 wills).

Citations

  1. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia; A history of the County of Isle of Wight, Virginia, during the Seventeenth Century, including abstracts of the county records (Chicago: Chicago Law Printing Company, 1938), 232.
  2. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 233.
  3. [S563] "Virginia State Land Office Patents" Book 1, 1623-1643 (v. 1 & 2): 383 (Reel 1), The Library of Virginia, Richmond, Virginia.
  4. [S563] "Virginia State Land Office Patents, Book 1" Book 1, 1623-1643 (v. 1 & 2): 384 (Reel 1), The Library of Virginia.
  5. [S560] "Virginia State Land Office Patents" Book 3 (1654-1655): 354 (Reel 2), The Library of Virginia, Richmond, Virginia.
  6. [S561] "Virginia State Land Office Patents" Book 4 (1655-1664): 558-9 (Reel 4), The Library of Virginia, Richmond, Virginia.
  7. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 541, citing Will and Deed Book I.
  8. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 539, citing Will and Deed Book I.
  9. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 541-2, citing Will and Deed Book I.
  10. [S562] "Virginia State Land Office Patents" Book 5 (1661-1666 v. 1 & 2, p. 1-369): 184 (Reel 5), The Library of Virginia, Richmond, Virginia.
  11. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 232, 544, citing Will and Deed Book I.
  12. [S555] Edward P. Valentine, The Edward Pleasants Valentine Papers, IV (Richmond, Virginia: The Valentine Museum, 1908; reprint Baltimore: Genealogical Publishing Company, 1979), 2090.
  13. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 550, citing W&D I--1667-1715, p. 121.
  14. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 548, citing Will and Deed Book I.
  15. [S557] Judith McGhan, indexed by, Virginia Will Records from The Virginia Magazine of History and Biography, the William and Mary College Quarterly, and Tyler's Quarterly (Baltimore: Genealogical Publishing Company, 1993), 225.
  16. [S556] Gary Parks, indexed by, Virginia Land Records from The Virginia Magazine of History and Biography, the William and Mary College Quarterly, and Tyler's Quarterly (Baltimore: Genealogical Publishing Company, 1982), 171.
  17. [S550] John Bennett Boddie, Seventeenth Century Isle of Wight County Virginia, 570, citing Will and Deed Book I.