John Swain (abt. 1695 - bef. 1749)

Born about 1695 in Currituck County, North Carolina

Ancestors

Husband of Mary (Unknown) Swain — married about 1715 in Tyrrell, North Carolina

Descendants

Died before 5 Dec 1749 before about age 54 in Tyrrell County, North Carolina

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Biography

John Swain, the founder of the Swain family of Tyrell County, was born in 1695, probably in Currituck County, North Carolina, the eldest son of Stephen Swain, originally of Nantucket, Massachusetts, and his first wife Elizabeth White. John is identified as the son of Stephen in a 1718 sale of land, by John Swain, to John Porter wherein he mentions"... the land and plantation bought by my father Stephen Swain."

John's father Stephen Swain emigrated from Massachusetts to North Carolina sometime between 1680 and 1690, probably settling initially on or near Knotts Island, Princess Anne County, Virginia (later to become Currituck County, North Carolina). Stephen is identified as being descended from the Swains of Nantucket, Massachusetts, by his son John's "Nantucket Bible," given to John in 1730 by Stephen's nephew William Swain of Nantucket. William was the son of Stephen's brother John, who remained on Nantucket Island when Stephen emigrated to North Carolina. From the Bible:

"1730 ye 3rd mo William Swain of Nantuckett gave this Bible to John Swain of North Carolina."

The Bible is now in the possession of the North Carolina Dept. of Archives and History, in Raleigh, N.C.

Stephen married his first wife, Elizabeth White, by about 1690. She was the daughter of Patrick and Elizabeth White, of Knotts Island, Princess Anne County, Virginia (later Currituck County, North Carolina). In 1691, Patrick and Elizabeth's son Solomon White recorded a deed of gift of 454 acres to "sister Elizabeth, now wife of Stephen Swaine, bounded by land of Patrick White, now deceased," on Knotts Island in Princess Anne County. In 1692, Elizabeth's mother, Elizabeth White, named her "Elizabeth Swaine" in her will.

Stephen and Elizabeth's daughter Mary (named after Stephen's mother) must have been born by about 1694. She was married to Samuel Smithwick by about 1714, and had her first child (Sarah Smithwick) by about 1715. John, Stephen and Elizabeth's eldest son, (he was named ater Stephen's father), appears in a July 1716 court record in Chowan County, wherein he dismisses his guardian, indicating he has achieved the age of majority [21], proving he was born by 1695. John's sister, Stephen and Elizabeth's daughter Elizabeth (named after her mother Elizabeth's mother), must have been born after 1698; John retained her guardianship, and indentured her as a servant to John Worley, on 17 July 1716. She had to be under 18 on that date, and perhaps younger.

It's not known when Stephen Swain and Elizabeth settled in Chowan County, or even if Elizabeth was still alive when Stephen settled there. There are no surviving records of land grants or transactions for Stephen, but by the time he wrote his 1713 will, Stephen was living in Chowan County, and married to his second wife, Patience Parris.

John's mother Elizabeth died shortly after the birth of her daughter Elizabeth, probably about 1699. Stephen was remarried to his second wife Patience by 1700. Their first son, James, was born in 1791.

Patience's last name is not proven, but is commonly believed to have been "Parris", based on a reference, by her second husband Henry Speller, to Thomas Parris as his "loving brother Thomas Parris of Edenton." The reference implies that Thomas Parris was most likely Henry Speller's brother in law, the brother of Henry's wife Patience, the widow of Stephen Swain. Henry Speller and Patience also, significantly, named their only son "Thomas," presumably after Thomas Parris.

John was granted 300 acres, on 19 October 1716, on the Yoppim River in Chowan County, confirming that he was 21 years of age by 1716. He appears in the early tax list of Chowan County in 1717, and again in 1721. In 1725, he and his half-brother James are jointly recorded in a land grant for 588 acres "On Lick Creek Side of Moratttuck River," in Bertie County, indicating that by 1725 James had also achieved his majority [Bertie County had been created from the western part of Chowan County in 1722]. The grant was in the part of Bertie County that would become, in 1729, part of Tyrell County. Much later, in 1799, that land would become part of Washington County, when that county was formed from the western half of Tyrell County.

John is known, from notes kept in his "Nantucket Bible," and from his 1749 will, to have had at least the following children:

Susanna Swain born 24 Nov 1716 Steven Swain born Aug 1718 Jeremiah Swain born 29 Jan 1720 John Swain born 1 Oct 1722 James Swain born 4 Sept 1728 William Swain born 8 Nov 1730 Rosannah Swain born 24 Feb 1735 Martha Swain born 14 Jan 1738 Elizabeth birth date uncertain, about 1724

John must have been married by 1716 when his first child was born. All we know of his wife is her first name, Mary. There are some trees that show her as Mary Chesson, but the John Swain who married Mary Chesson was John's great-grandson; that marriage was in 1780.

John Swain was involved in several land transactions in 1718, 1719 and 1721, selling land on the north side of Albemarle Sound, some inherited from his father, and buying land on the south side, including tracts near the Scuppernong River in today's Tyrrell County, where his main plantation apparently was located. The land he patented, along the Morattuck River, in 1725 with his brother James was also in what eventually would be Tyrrell County, but on the opposite end of the county from his earlier land purchases.

John Swain's children were all raised in Tyrrell County. He wrote his will, in Tyrrell County, on 6 April 1749, proved in December that year. His will named his sons John (plantation on the Sound Side), James (land on Riders Creek), William and Stephen (the manor plantation), daughters Elizabeth Mary Hooker, Rosanna, and Martha Swain. He also named his Grandson John Swain (son of Jeremiah).

John's will was proved in December, 1749. The details of his death and burial are unknown.

Notes and Sources

Vital dates, parents, and siblings: The Washington County Genealogical Society (WCGS) Journal, December 1995, p 76, based on Swain (Nantucket) Family Bible displayed at the North Carolina Hall of History Link

Probate records of Tyrrell County, North Carolina, USA will of John Swain, died April 6, 1749, Link

Notes from Helen Sharpe

Old Albemarle County North Carolina Miscellaneous Records 1678-1737: By Weynette Parks Haun.

An Accot. of Land Tax Recd. for the year 1721 P: me Jno. Worley

Jno. Swain of So. Shore 200? acres 1 #:4: 4

Jno Swain 436 acres 1#:7:3

JOHN SWAIN OF CHOWAN COUNTY DEEDS

• DB B #1 Page 258: 14 Apr 1716

JOHN SWAIN to Thomas Hawkins 20 pounds 130 acres, joining Thomas Hawkins, Midle Neck Swamp and the second branch....all houses, outhouses, etc. Wit: John Worley, Thomas Long, William Fryley Reg: 8 May 1716

• DB B-l, page 18, 19, 20: 17 July 1716

JOHN SWAIN came into court and ask to have received the portion of the estate left by the will of his father, dec. and discharges his guardian. Ordered that Henry Speller take into his custody the remaining part of the estate that belongs to the rest of the dec'd children and give security for same.

• DB B-l Page 646: 3 Dec 1718

JOHN SWAIN of Chowan Prect., planter and MARY my wife to John Porter of the same place, merchant 150 pounds sterling money of Great Britain. 400 acres more or less on the fork of Yaupim River joining the said river, former lands of Richard Stiball, a branch, a swamp and former lands of David Perkins now in the possession of William Haughton, and is the land and plantation bought by my father Stephen Swain, dec of William Wilkerson of this providence, dec. Whereon I now live all houses, fences, orchards, etc. Wit: John Falconer, James Ward x his mark, George Fordis. Reg. Not given

• DB B-1, Page 647: 3 Dec 1718

JOHN SWAIN of Chowan Prect., planter and MARY my wife to John Porter of the same place, merchant l0 pounds sterling money of Great Britain. 300 acres in the creek fork Pocoson of Yaupim, joining land which was formerly Murry's and the land of Robert Douglass all houses fences, orchards, etc. and is land formerly in the possession of Charles Morgain and afterwards in the possession of Henry Speller. Wit: John Falconer, James Ward x his mark, George Fordis. Reg 23 Apr 1719

• DB B #1 Page 12: 28 July 1719

Jacob Blount of Chowan Prect and Elizabeth Blount to JOHN SWAIN of Chowan Prect. 15 pounds. 300 acres more or less called Hickory Ridge, being part of my land joining Wilkinson on the south shore of Chowan. Wit: John Worley, Thomas Long. Reg. 1719

• DBW #1, Page 197: 1719

William Fryley of Albermarle Co., and Grace his wife to JOHN SWAIN of Albermarle Co. ye--A.D. 1719 for the sum of---200 acres commonly called Swinsons Folly whereon there is the old house going by the name of the Tract, joining Beaver Dam and another branch... all edifaces, orchards, etc. Wit: Lewis Mouliel

• DB B #1 Page 670: 1 Apr 1719

Samuel Spruill of Chowan Prect, planter, to JOHN SWAIN 45 pounds sterling... 300 acres more on less on the west side of Scoupernung River, beginning at the Rich Level Old Field, running the courses of the Cestapin Swamp to the Close Shoals (?) then by a line of trees to the Cypress branch... all housing, orchards, fencing, etc. Wit: RO. Calf, RT. Hicks Reg 23 Apr 1719

• DB W #1, Page 195: 20 Aug 1719

John Porter of Chowan Prect., merchant with the consent of Sarah my wife to James Ward of the same place, planter...140 pounds current money.. 400 acres in the Fork of Yeopim River whereon I now live and is land STEPHEN SWAINE bought.

• DBC-1, Page 456: 18 Dec 1721

Henry Speller and Patience his wife & James Swain all of Chowan Prect. to James Ward of Chowan Prect., planter. 22 pounds 10 shillings current money of Carolina 90 acres more or less on the south side of Yeopim River, joining land now belonging to James Ward which was formerly John Porter's land, the said 90 acres being formerly in possession of STEPHEN SWAINE.

• DB C-1, Page 341: At the top of the page is the date 4 Apr 1723. In the margin is written Jno Roads to Jno Swain assignment of Patt for 136 acres of land on wt side Scuppernong River date 30 March 1721.

Know all men by these presents (?) Jan’ry 2nd 1723, I Jno Roads of Bath County in Core Sound Reader do assigne all my Right of this within mentiond Pattent from me & my Heirs for ever to Jno Swain & his Heirs and assignes for ever.

Witness by hand & seal the day and year above written.

Signed John Roads.

Witnessed: Sam’l Spruill, Jos: Spruill.

Mem That the above assignmem’t was prov’d before me in form of law by the oath of Joseph Spruill March the 25th 1723. Lett it be Regest’d: C. Gale C. J.

Note: Son Steven served in the Rev. War and was given a land grant in Ga.

Many of the names of the children of John and Mary Swain were recorded in one of the oldest Bibles in NC. This bible was given to John Swain in 1730 by his cousin William Swain of Nantucket, Mass. It is filed and protected by the NC Dept. of Archives and History, Raleigh, N.C. It appears that someone transcribed the names and dates of birth of the children of John and Mary Swain after the Bible was received in NC. There were other names written, but most are faded and cannot be read. By enlarging the pages and close examination many of the dates of birth shown above were determined by accuracy.

Will

SWAIN, JOHN

Secretary of State

Colony of North Carolina

County of Tyrrell

Dated 6 April 1749

In ye name of God Amen sixth day of April one thousand seven hundred and forty nine I John Swain of Scupperlong in the County of Tyrrell Planter being in perfect mind and memory thanks be to God for the same calling to mind the mortality of my body and knowing that is is appointed for all men once to die do make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul into the hands of God that gave it and my body recmmend tothe Earth to be buried in deacent and Christian like manner at the discretion of my Executors nothing doubting but at the General Resurection I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it pleased God to bless me in this life I give demise and dispose of the same in the following manner.

Imprimus - I give and bequeath unto my dearly beloved wife Mary Swain one Negro wench named Suckey to her and her assigns forever, whome I also constitute ordain and appoint with my beloved son James Swain my sole Executors

• Item - I give and bequeath to my grandson John Swain son of Jeremiah Swain decd. one plantation up Riders Creek it running form the landing along a line of marked trees up to the head line unto him & his lawfully begotten of his body forever and for want of such heir to return unto my son William Swain and his heirs lawfully begotten of his body forever.
• Item - I give and bequeath to my well beloved son John Swain one plantation lying on the sound side between Samuel Spruills and Joseph Spruills to make up the one half of the land belonging to the said plantation or survey to him and the heirs of his body lawfully begotten forever
• Item - I give and bequeath to my well beloved son William Swain one half of the land belonging to my manner plantation beginning on the swamp and so devided by a line of marked trees unto him and the heirs of his body lawfully begotten also one negro man named Jack at the death of his mother of day of her marriage which happeneth first unto him and his heirs of his body lawfully begotten forever.
• Item - I give and bequeath to my well beloved son Stephen Swain the Maner Plantation with the remaining part of the land ajioyning as divided by a line of marked trees to him and the heirs of his body lawfully begotten forever.
• Item - I give and bequeath to my well beloved daughter Elizabeth Mary Hooker one shilling Sterling.
• Item - I give and bequeath unto my well beloved daughter Susanna Rhoads Negro girl named Patience unto her and the heirs of her body lawfully begotten forever also one feather bed and the furniture theare unto belonging
• Item - I give unto my beloved daughter Rosanna Swain one Negro boy called Mingo to her and the heirs of her body lawfully begotten forever also one feather bed and the furniture there unto belonging.
• Item - I give and bequeath to my well beloved daughter Martha Swain one Negro named Dinah she and the heirs of her body lawfully begotten forever also one bed and the furniture there unto belonging
• Item - I also give one Negro wench named Abb unto James Swain for one year and then unto my son Stephen Swain for the like term and so from the one to the other during the life of the said wench.

I give unto my beloved wife Mary Swain all other my movable Estate she likewise bringing up my children for the same and paying my funeral charges and all other lawfull debts and do hereby utterly disallow revoke and make void all and every other former Wills Testements and bequeath whatsoever by me hereto fore made ratifying and confirming this and none other to be my Last Will and Testament. In witness whereof the sd. John Swain have here unto sett my hand and seal the day and yeare above.

John Swain

Written Signed Sealed pronounced and Declared

by the said John Swain in the presence of us

Joseph Spruill Senr.

Joanne Cheston

Died: 6 APR 1749. Tyrell, Columbus, North Carolina, United States. Age: 58-59.

Sources

• Old Albemarle County North Carolina Miscellaneous Records 1678-1737: ByWeynette Parks Haun
• JOHN SWAIN OF CHOWAN COUNTY DEEDS
• County of Tyrrell, North Carolina Wills
• S500003 Roger L Hooker Roger L Hooker & Mary Catherine Cotten Family Site MyHeritage family tree Family site: Roger L Hooker & Mary Catherine Cotten Family Site Family tree: 248186511-2 Smart Matching Media: 248186511-2 Link, Certainty: 3 Added by confirming a Smart Match