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The Early Generations of the Ellyson Family in Virginia

By Douglas W. Ellyson Wagner in the Virginia Magazine of History and Biography; subsequent corrections by Helen Glenn Court

Genealogies of Virginia Families, from the Virginia Magazine of History and Biography, Volume II Caliborne-Fitzhugh. Baltimore: Genealogical Publishing Company Inc., 1981

Very little has been written about the early generations of the Ellyson family in Virginia. There was a brief genealogical sketch in Tyler's Quarterly (X, 32-33), and almost nothing else. It is possible, however, to present a more detailed account of Robert Ellyson (fl. 1640-1670) and his descendants.

The present Ellyson family of Virginia is descended generally from Doctor Robert Ellyson of Maryland and Virginia. [1] Robert Ellyson was himself a descendant of Robert Elysson of Hakwell in Northumberland [2] and a member of one of Newcastle-upon-Tyne's most distinguished merchant families. [3] His cousin, Robert Ellyson, was a leading member of the Merchant Adventurers of Newcastle-upon-Tyne, and a Commonwealth member of Parliament in 1648. A probable recusant background may explain Doctor Ellyson's choice of Maryland as a place of settlement.

A sketch of Robert Ellyson's early years must of course be pure conjecture, but we may assume that as a member of a well-to-do family, he had considerable education, and that at one time he apprenticed himself to a barber chirurgeon or a physician. No record of his receiving a license to practice has been found, so it may be that he did not complete his apprenticeship before he went to the colonies. The extent of his activities in Maryland indicates that he was probably in his late twenties when he settled there; no record o£ his birth has yet been found, however.

Robert Ellyson appeared [original: "emigrated"] to St. Mary's County, Maryland, early in 1642; he is first mentioned in the levy on St. Mary's Hundred of August 2, 1642, when he was assessed thirty pounds of tobacco. [4] In the records of the call for a General Assembly of September 5, he is listed as an absent freeman of Kent, [5] indicating that he resided in St. Mary's County and also owned land in Kent.

Doctor Ellyson was a barber chirurgeon by profession, with a fair practice in the arts of "chirurgery & physick." [6] The extent of his practice is uncertain, but the records of the Provincial Court show him involved in litigation over unpaid bills with five patients, [7] and presumably he had a number of patients with paid accounts. His bills ranged from 300 to 955 pounds of tobacco per cure, or slightly less than the fees charged by his counterparts in England. In one instance he had as patients the maidservants of Sir Edmond-Ployden, the recipient of the grant of New Albion. And it appears that Sir Edmond bore the medical expenses of his servants, for he was named defendant in the suit. [8]

Doctor Ellyson's treatments were probably confined to physick, which generally entailed bloodletting combined with purgatives and one or more medicinal remedies. The records of his suit against Nicolas Hervey show that these cures were quite long, often lasting several months. [9] It is safe to assume that when he presented a bill for "paines & charge of chirurgery," the chirurgery did not involve a serious internal operation, if one at all. One other aspect of his practice deserves mention, that is his service at an inquest on November 5, 1642, to help determine the cause of death of an infant girl. [10]

The medical arts were not the only services Robert Ellyson rendered the community, for in January 1643, "Robt Ellyson, coram leiutent Grall was swome sheriff ... [of St. Mary's County]." [11] He held this office but a scant month, however, for the court record of February i i reveals "Rob. Ellyson discharged of his sheriffwick by L[ieutenant] G[eneral]." [12] Perhaps his dismissal was in some way connected with the following incident:

(February 9, 1643)

Giles Brent Esq &c demandeth of Robt Ellyson 250 IN] tob & cask, for the price of one gonne of the plfs delivered him by mr wyatt, & deteined from the plf by the deft. the said Rob Ellyson saith he tooke no charge of the gonne demanded, nor is able to [make] restitution.

And upon the confession of the deft in Court, of non compos mentis when he tooke the gonne, the Court fined him loo [lbs] tob.

And the Secretary found, that the gonne was deposited in the defts hands by mr wyatt at such time as the deft was in drink, & that mr wyatt ought to impute to himself what hapned from the fault of the defendt in the negligent keeping of the gonne during that indispoon of the defts & doth find that the gonne is in the possession or power of the deft whereby he may be judged to restore it to the plf. the owner of it: & therefore dismissed the deft. [13]

The court records continue to mention Robert Ellyson throughout 1643, but seldom in connection with his medical practice. In March he was appointed a member of an inquisition to inquire into an assault "upon the person of an Indian ladd," [14] and on March 16 he was again the defendant in a suit for a carbine, which he is reported to have withheld from one "franc Anthill" [15] In July and August he attended Jane Hervey in her sickness; this is the only instance of medical practice on record that year. [16] He is last mentioned on February 1, 1644, when he again demanded payment for treating Ellen Stevenson. [17]

Robert Ellyson migrated to York County, Virginia, sometime between 1644 and 1646, for he is listed as one of the lawyers of that county in 1646. [18] What caused him to change his residence and his profession is not known, but the change was certainly well rewarded, for he soon attained positions of considerable prominence. He was elected burgess from James City County for the Assembly of 1655/56-1656, [19] and again for the Assemblies of 1659/60 and 1660. [20] In addition, he served as one of the earliest justices of the peace for Gloucester County, which was set off from York in 1651, sitting on the first recorded court of that county on February 16, 1656/7, as "Lt. Coll. Ellyson." [21]

There are few records of his activities between 1646 and 1655, although he is named in the settlement of the estate of Thomas Deacon of York early in 1648, [22] and again on December 6 of the same year in the settlement of the estate of Robert Jackson. [23] Possibly the debts were for legal services rendered these persons. In 1652 he witnessed the sale of two hundred acres, also in York." [24] It may be assumed that these nine years were largely spent acting as an attorney, for although lawyers were prevented from charging fees for their services, they were still allowed to practice voluntarily. And, since colonial lawyers were among the first men of their communities despite the incidence of malpractice, Robert Ellyson's years as an attorney must have served as a good basis for his later career.

The years 1655 to 1663 were the most active years of Robert Ellyson's life in Virginia. On March 19, 1655, he was appointed a member of the Committee for the Leavie, headed by Major Robert Holt of James City, [25] and at the next session he served on the Committee for Private Causes, [26] which dealt with suits appealed from the General Court to the Assembly. There is the following record of his activities on this committee:

Upon The petition of Robert Ellison whereas in the former Sessions of this Assembly difference between him and Lieut. Coll. Swan appeareth to have been debated at the Committee for private Causes and a Report thereof made to the Assembly but not determined by reason of Mr Ellison's sudden departure out of Town this Assembly finding that former Report just and reasonable have Ordered the same to be ratified and confirmed? [27]

In addition, he served as sergeant at arms for the Assembly, and as such transmitted the "Report of the Committee nominated for vindication and manifestation of the Assemblyes Power." [28] He also held the office of high sheriff of James City County at this time, [29] and is mentioned as one of the justices present at a county court held at James City on February 7, 1655/6. [30] It is not known whether he held any of these offices for more than the years indicated.

At the same time that he served in these capacities, Robert Ellyson often received the title captain, which introduces the question of his military rank. The frequency of his denomination as captain indicates that he was at least a captain of the militia, but occasionally he is also mentioned as lieutenant colonel and colonel; after his death he was described as Major Ellison. If these higher titles have any basis in fact, then he probably attained the rank of major, was brevetted lieutenant colonel, and called colonel out of courtesy. If he did hold the rank of lieutenant colonel, then possibly he was lieutenant commander of James City County, although there is no record of this.

It should also be noted that officers of the militia, as well as justices and high sheriffs, were not only positions of great esteem in the colony, but also were appointed by the governor, a fact which may indicate something of Robert Ellyson's political standing. It may well be that his case is similar to that of his cousin Robert of Newcastle, that is, that he was already prominent in his community by the time of the Protectorate, and that this period aided in advancing his career. The variety and importance of the positions he occupied during the years 1655 to 1663 indicates that he at least enjoyed the favor of the leaders of government during the Protectorate. Since he does not appear to have held public office after 1663, it would seem that either he fell into political disfavor, or he was in a declining state of health.

It might be well at this point to mention an incident that sheds some light on a more personal side of Robert Ellyson's life: in 1656 he received as a bequest the library of his friend, Doctor Henry Waldron, of York. [31] It is unfortunate that the contents of the library are not known, for such information might give an insight into Waldron's and Ellyson's interests. There can be little doubt, however, that the library contained a number of works on medicine.

In the session of 1663, Robert Ellyson once again played a notable role in the government of the colony. On September 11 he was made a member of "a committee ... appointed to examine the election of burgesses newly returned," [32] one of the most important committees of the House. He also served on "A committee appointed to consider of the publick affaires" (September 13), [33] and on "The committee appointed to examine the business of the king of Potomack" (September 19). [34] As already mentioned, he does not seem to have served in any official capacity after 1663, and there is no further mention of him until his death.

Exactly where Robert Ellyson made his residence is not known. For the period 1646 to 1655, we may assume that lie resided in York County, for he is mentioned there only. [35] His election as burgess from James City County indicates that at some time he must have taken up residence there. On August 26, 1657, he patented 577 acres as Captain Robert Ellyson, "377 acs. in New Kent Co., in the narrowes of York Riv., S.W. by land of George Chapman, & S.E. to land of Willm. Cox & John Hope; zoo acs. in James City Co., on E. side of a branch of Burchen Sw. 377 acs. granted unto Rob. Priddy, who sold same to Edward Waite, by whom it was deserted, & now granted by order of court, etc. The whole amount due sd Ellyson for trans. of 12 pers." [36]

It is generally assumed falsely that Robert Ellyson married Elizabeth, the daughter of Dr. Thomas Gerrard.

[37] Thomas Gerrard came to Maryland in 1638, and in 1659 moved to Westmoreland County, Virginia. [38] He was a Roman Catholic, and a surgeon by profession. Little is known of Elizabeth, except that on September 12, 1658, she was one of the sponsors of Henry Randolph's son, William. [39] It is interesting to note that Lieutenant Colonel Robert Holt was also one of the sponsors, for he headed two of the committees on which Robert Ellyson served, and in addition was a member of the court held at James City in February 1655. Evidently Robert Ellyson had as friends some of the most powerful men of the colony. There is no record o£ the marriage to Elizabeth Gerrard, but it was probably shortly after Thomas Gerrard's removal to Virginia in 1659.

Thomas Gerard, gentleman, bapt Dec 10, 1608 of New Hall, Lancaster Co. England. He was a Surgeon and planter. He immigrated to Maryland in 1638, and brought his family in 1650. He lived St. Mary Co. Md and in 1664 removed to Virginia with Giles Brent. He died in Westmoreland Co. VA in 1673. He and his wife, Susanna Snow, were the parents of:
1. Justinian Gerard m. Sarah_____
2. Thomas Gerard m. Susannah Curtis
3. John Gerard m. Eliz____
4. Susanna Gerard m. 1st Robert Slye, 2nd John Goode
5. Frances Gerard m. 1st Thomas Speke, 2nd Valentine Peyton, 3rd John Appleton, 4th John Washington, 5th William Hardwick
6. Temperance Gerard m. 1st Daniel Hutt, 2nd John Crabbe, 3rd Benjamin Blanchflower
7. Elizabeth Gerard m. 1st Nehemiah Blackiston, 2nd Ralph Rymer, 3rd Joshua Guibert
8. Mary Gerard m. Kenelm Cheseldine

The children of this marriage were a son, Gerrard Robert, and a daughter, Hannah. Hannah married Lieutenant Colonel Anthony Armistead, [40] and was given two hundred acres in New Kent County as a dowry. [41] Gerrard Robert will be the subject of a later essay and needs no further mention here.

There is no trace of Robert Ellyson's activities after 1663, although it appears that he lived at least six more years. For on September 28, 1671, the General Court recorded that,

It is ordered that Mr Jno Harloe be paid by Capt Geo: Lyddall out of the estate of Doctor Ellyson the Sume of five hundred nyntey three pownds of Tobo and Caske being the full ballame of an order of Court Dated 17th of March 1658 Capt Lyddall pleading the Act of Lymtacon but being made appeare that there was often demands made within this Act this Ordr is granted wth costs. [42]

It should be noted that this is the first time that Robert Ellyson received the title "Doctor" in Virginia. And on October 2, 1672, the Court also "Ordrd That Mr Thomas Viccars bee Guardian to Gerrard Robt Ellison, Sonn & Orphan of Major Ellison." [43] Both citations indicate that Robert Ellyson died sometime before September 1671.

NOTES

* Mr. Wagner is resident of New York City.

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