Generation 1

Mizell Family History Project

1) Luke Mizell (born about 1614 – 1670 in Surry County, Virginia)

Married: Deborah Lawrence about 1648

Children:

2) Lawrence (born 1651 in Surry County, Virginia)

3) Luke II (born 1660 in Surry County, Virginia)

More about LUKE MIZELL

We are indebted to the systematic research by Robert W. Baird (© 2001-2005) into the early records of Surry County, Virginia and the occurrence of the Mizell name in those records. His knowledge and interpretation of the extensive references provides a wonderful insight to the first two generations of Mizells in Virginia.

French Huguenot Origins

Luke Mizell I was born about 1614. His parents are thought to be Huguenots, who were Protestants in France out of favor with the ruling Catholics. The Wars of Religion had been underway in France since the mid-1500s. Luke could have been born in France, or possibly in England, after his parents had fled the persecutions. His last name could have been associated

with either of two villages in France, Mézel near Digne in the Provencal Alps, or Mezel (no accent mark) near Clermont-Ferrand. He was likely an orphan in England until around 1632 when he was about 18. There were several spellings of the last name since few people knew how to write, and those recording events chose spellings based upon how the named sounded.

Single Males coming to Virginia

In the 1630s, some 12,000 Puritan settlers fled England for Massachusetts and the New England region. Most of these people were married adults in their 20s to 40s, and three of every four survived and thrived in the New World. While these migrations were happening to New England, at least as many settlers were coming to

the Virginia region, but most were single males in their late teens, with few if any family ties and not much future. Only one in six survived the Indians, starvation, and malaria in time to bear children. [Strauss, William and Neil Howe. Generations, the History of America's Future. William Morrow & Co, Inc, New York, 1991. p. 123]

The Virginia Company

Thomas Gray filed a patent on 550 acres south of the James River across from Jamestown on August 27, 1635 which listed Luke Mizell as a headright [Virginia Patent Book 1, p. 283]. This was in James City County, which was formed in 1634 to include Jamestown and the land southwest of the James River. Tobacco was a booming crop in Virginia in this time, and

Englishmen could secure a land patent (or "headright") of 50 acres in exchange for paying the travel costs for each indentured servant brought to the New World. The 1618 Charter for the Virginia Company provided that a headright had to be in the New World for at least 3 years before the land grant would be made. Thus Luke I may have been brought to the New World around 1632.

Indentured Servants

The contracts for indentured servants varied from 4 to 8 years in length. Thomas Gray filed another patent on the same land May 26, 1638, to make sure his rights to this tract were preserved [Virginia Patent Book 1, p. 631]. Luke Mizell was listed again as a headright in that patent. Under the loose policies in effect at that time, the same headright could be used over again in another patent (this practice was stopped in 1705). Thomas Gray filed

another patent on July 20, 1639 on another 400 acres nearby, listing another group of headrights, which omitted Luke Mizell [Virginia Patent Book 1, p. 669]. It is likely that Luke Mizell was a free man by the 1639 patent, although he may have continued working for Mr. Gray as a paid laborer. That Luke Mizell survived his period of servanthood is remarkable given all the challenges in the Virginia Colony.

Marriage

Due to the increasing number of settlers, Southwarke Parish was created in 1647 from James City Parish. On December 18, 1647, John Newman assigns his patent on 150 acres near the head of Smiths Fort Creek to Luke Mizell [back referenced at Surry County Deed Book 3, p. 349]. This parcel is located about 2 miles south of the James River between Grays Creek and Spring Run, and within a mile of where the Surry County Courthouse would eventually be built. Luke's land was adjacent to the Southwarke Church.

Luke married Deborah Lawrence sometime after acquiring the 150 acres in 1647. Their first child, Lawrence, was born about 1651. Luke I would have been about 33 when he acquired this land and about 37 when Lawrence was born. In 1652, Surry County was formed as the northern part of James City County south of the James River. In contrast to the poverty in England and the absence of family influences during his youth, Luke and Deborah likely cherished their son Lawrence, and were protective of him as he grew up.

Life in the Virginia Colony

In the 1650s and 1660s, Luke Mizell I served on a number of juries, which was a privilege reserved for "freeholders", that is people owning at least 50 acres of land. Because Luke I lived so close to the new courthouse, he was easily available to the sheriff when it came time to form a jury. He was recorded on lists of minor debts or provided bonds on several occasions in the 1660s to others accused of various offenses. [Surry County Deed Book 1, pp. 83, 131, 150, 184, 192, 223, 226-227, 239, 247, 255, 271, 281].

The first list (or tithable) of people owing taxes in Surry County was

compiled by William Marriott for Southwarke Parish in June 1668, and listed "Luke Mizell and Mate". Luke's wife Deborah was not a taxable person, so "mate" likely refers to Luke's son Lawrence, who would have been about 17 at the time. The tithables for June 1669 list "Luke Mizell and Sonn", and this certainly was Lawrence.

Luke and Deborah's second son, Luke II, was born about September or October 1660, based upon tithables filed in the 1670s and 1680s in Surry County. His father was about age 46 at the time of his birth.

Family Life after Luke’s Death

The tithables prepared by Robert Spensor for June 1670 for Southwarke Parish list "Widow Mizell" (Deborah), suggesting that Luke I had died. There is no record of Luke I leaving a will in Surry County, because all the early records for wills and estates in Surry County were destroyed. It is almost certain that he did leave a will, based upon court records filed

by his sons later in the 1670s and 1680s. At the time of his death, Lawrence would have been about 19 and Luke II would have been about 10. Since Lawrence was over 14, he could choose his own guardian. But Luke II was under 14, and received a court-appointed guardian (initially John Smith, who would marry his mother).

Settling the Final Estate

In the three years after Luke I's death, court records in Surry County show the proceedings to settle his estate. On March 5, 1671, Lawrence filed a claim with the Surry Court to his share of the estate [Surry County Deed Book 1, p. 404]. This would have relieved his guardian of the bond that had been posted with the court. In those days "estates" meant personal property, not lands. Based upon deeds filed with the Court in the 1680s, all of Luke I's land was to go to Luke II and his personal property following Deborah's death was to be divided equally between Lawrence and Luke II.

On November 21, 1672, the estate of Luke I, after Lawrence's one third share, had been appraised and was equally divided between John Smith

(as the husband of Deborah, the widow) and Luke II. [Surry County Deed Book 2, p. 39]. The total estate between Luke II and John Smith, after subtracting various debts, amounted to 11,215 pounds of tobacco.

On November 29, 1672, John Smith, the guardian of Luke II, filed a petition with the Surry Court listing Deborah as his wife [Surry County Order Book 1671-91, p. 15]. John Smith was to live on the land until after Deborah's death. On January 7, 1673, William Foreman filed a petition with the Court posting a bond to serve as the guardian of Luke II and John Smith petitioned to be relieved of his bond [Surry County Court Orders 1671-91, p. 39]. This is an indication that Deborah Mizell, wife of Luke Mizell I, has died.