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APPENDIX ONE
THE LEGACY OF
MAJ. WILLIAM BOARMAN, SR.:
IRISH NELL AND CHARLES
Maj.
William BOARMAN, Sr. was a figure of note in the
history of Catholicism in Maryland. However, his
household also figures in the curious narrative of
race-relations in British North America and in the
extension of that narrative in the history of the United
States. Thus Ariela Gross, reviewing Martha Hodes, White
Women, Black Men: Illicit Sex in the Nineteenth-Century
South (New Haven: Yale University Press, 1997) in Law
and History Review, vol. 18, no. 3 (Fall, 2000),
writes:
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"In the summer of 1681,
well-to-do white neighbors of Major William
BOARMAN gathered at his Maryland plantation for
the wedding of his servant 'Irish Nell' Butler
and the slave known only as Charles. Although
Lord Baltimore, Nell's former master, had urged
her not to make slaves of her children by
pursuing this union, the ceremony was performed
by a local Catholic priest and attended by
well-wishers, and Nell and Charles became
accepted in the community as 'man and
wife.'" |
The "Lord Baltimore" to whom
Gross refers was Charles CALVERT (27 August 1637,
Salisbury, Wiltshire, England - 21 February 1714/15,
London, Middlesex, England), the third Lord Baltimore and
Proprietary Governor of Maryland who, upon the death of
his father, Cecil CALVERT, on 30 November 1675, assumed
both the barony and the governorship. The history of what
Gross, citing Hodes, reports is best observed in the
source-documents as follows:
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The Will of Maj. William
BOARMAN, Sr.: Charles County, Maryland,
signed 5 April 1720; proved 23 May 1720
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I
William BOARMAN of Charles County in the
province of Maryland being in perfect
health and memory do constitute and
ordain and appoint this my last will and
testament
Imp - I bequeath my soul to God
that made me Hoping to obtain mercy at
his hands my body to the earth to be
decently buried at the charge of my
estate and at the discretion of my
Executrix hereafter named.
Item
I give to my Son William BOARMAN all the
land lying between the two grate branches
which is from the hors Run called down to
Mr. Thomas JAMESON great Run that his
mill stand on with the Swamp line and
head line only reserving for my Loving
wife Mary BOARMAN my dwelling plantation
I now live on and what land --- shall
have occasion for to make her crops and
working her servants during life then to
return to my son WILLIAM and his heirs
for ever
Item
- I give to my son Joseph BOARMAN all
that parcel of land lying between my son
in law Marsham WARRAN Lyne and ye Lyne of
my son Joshua GUIBERT with the head Lyne
and Swamp Lyne to him and his heirs
forever also I Give my son JOSEPH one
negro boy named Ignatius one young horse
and one mare three cows and three
heifers, six ewes and six sows one
feather bed and furniture.
Item
- To Give my son Thomas James BOARMAN all
that parcel of land beginning at the fork
of ye Run & running with ye run to ye
out line of ye mannor and with my son in
law Marsham WARRANs Lyne all within these
bonds to him & heirs forever also one
negro boy called Chum also one young
horse and mare three cows and heifers six
ewes & six sows one bed and
furniture.
Item
- I give to my daughter Sarah BOARMAN one
feather bed and furniture & curtains
and two pair of sheets one table cloth
and six napkins of Huckaback one pewter
casson two dishes six plates & two
silver spoons one looking Glass of ten
shillings price one young negro woman
called Pegge and all her increase one
horse and one young mare three cows and
three heifers six ewes and six sows &
twenty pounds sterling money of England
to be paid when Received further it is my
will that if my daughter Sarah never
marries but lives a singall life she
shall have the orchard where bettey
Prockter lives and sixty ackers of Land
joyning to the said orchard for her life
but if she should marry then this to be
void.
Item
- I give to my Daughter Jane BOARMAN one
negro Girl called Henrietta and thirty
pounds sterling money of England of the
money in Capt. Thomas Tumer's hands one
feather bed and furniture three cows and
three heifers six ewes and six sows one
young horse and one mare also it is my
will that in case my daughter never
marries but lives singall that then she
has sixty ackers of land in her brother
Joseph's track where she has most mind to
have it for her life butt if she marries
then this to be void.
Item
- I give unto my daughter Mary BOARMAN
one negro girt named Beck and forty
pounds sterling of England one feather
bed and furniture three cows three
heifers six ewes and six sows one young
horse and one mare. Further it is my will
if my daughter should live a single life
that she shall have sixty acres of land
in her brother Thomas James track where
she has most mind to have it for her life
but if she marries this to be void.
Item
- Lastly it my will that all that parcell
of Land that lys between my son in law
Josiah GUIBERT & Joseph great Run be
equally divided between my two sons
Joseph BOARMAN & Thomas James BOARMAN
the uper part with the plantation that
now John Glas lives on to be my son
Joseph BOARMAN and the Lower part next
the swamp for my son Thomas James BOARMAN
& their heirs forever.
Further
it is my will that my two son be of age
at eighteen but in case that either of my
sons should dye before they come to age
Joseph BOARMAN & Thomas James BOARMAN
that then the Survivor shall have all the
land but in case they both should dye and
without issue lawfully begotten that then
my will is their lands may be equally
divided between my three daughters Sarah,
Jane, and Mary Also I appoint my son
William BOARMAN to see that all things is
performed in full as my will expresses
and be assistant to his mother and his
brothers and sisters in their affairs,
likewise I leave my son WILLIAM my best
suit of close.
Lastly
I give all ye residue of my personall
estate to my Loving Wife Mary BOARMAN
whom I appoint constitute and ordain to
be my whole and sole Executrix of this my
Last will and testament, Revoking and
making null and void all other wills and
testaments In confirmation of the same I
have here underneath sett my hand and
seall the eight of April one thousand
seven hundred & twenty.
/s/
WILLIAM BOARMAN, SR.
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Charles County Court Record:
1701-1704, Liber A, no.2:
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10 August 1703:
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p.249, The Jurors . . . (by
the Information of Majr. William
BOREMAN) present John Brayfield1
Late of Charles County planter
for that hee ye said John
Brayfield at Portobacco did
traffick, Barter, or Deale with a
Mallatto Servant to ye said
William BOREMAN. |
14 September 1703:
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p.264, Presented
John Brayfield . . . deal with a
Mollatto Servant belonging to
Majr. William BOREMAN . . . . It
appearing to the Court here that
the said presentment was not
rightly laid &c. Therefore it
is considered that a Noli
Prosequi be entered and the said
John Brayfield be acquitt. |
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Charles County Court Record:
1727-1731, Liber O, no.2:
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13 August 1728
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p.147, wee also do present a
Certain Margrett a Mallatto
Liveing with Wm BOARMAN for
having a bastard Child by
information of William Chapman
Constable. |
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Charles County Court Record:
1734-1739, Liber T, no.2:
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13 June 1738
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p.474, Lord Proprietary vs.
Edward BUTLER, a Slave belonging
to Francis HAMERSLEY2
2 March 1738 break and enter a
Storehouse belonging to Richard
Gildart Merchant 15 yards of
Cotton holland Linnen of the
value of 375 pounds of tobacco 8
yards gingham 220 pounds tobacco
45 yards sheeting Linnon 650
pound one cotton gown 160 pound
20 yards of Irish Linon 300
pound, twenty yards of Plain
Dimathy of the Value of one
hundred & eighty pounds of
tobacco and fifteen yards of
Colored Dmathy of the Value of
two hundred pounds of tobacco . .
. set him on the Pillory for the
space of 1 hour and thence to
Whipping post 39 lashes. |
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Charles County Court Record:
1748-1750, vol. 42:
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8 August 1749
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p.414, Ordered by the Court
to take the Depositions of
Richard EDELEN,3
Mary Ruthorn, Mary Jameson and
Thomas Osborn to be Used as
Evidence for William NEALE4
at suit Edward BUTLER on his
Petition for freedom on giving
due Notice to Opposite Party and
the Petition Continued to
November Court. |
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Charles County Court Record:
1753-1754, Liber D No.3:
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14 August 1753
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p.75, Present Edward BUTLER
Junior for feloniously Stealing
and bearing away one Broad ax the
property of Miss.s Benjamin
Tindall and Robert Gates by
Information of Thomas Skinner. p.82,
comes Edward BUTLER Junior of
Charles County Planter according
to a certain recognizance . . .
60 pounds . . . together with
William Parker his main Perner .
. . his appearance.
pp.84-5, Lord Proprietary vs.
Edward BUTLER, Junr. } Felony
convict by verdict . . . Edward
BUTLER Junior Labourer one broad
ax the value of 200 pounds
tobacco the proper broad ax of
Benjamin Fendall and Robert Yates
. . . Jurors do say guilty . . .
stand in the pillory one hour and
to receive thirty nine lashes.
p.94, Andrew Monroe vs. John
BUTLER } trespass upon the case .
. . judgment by verdict (did not
return heifer which strayed)
damages two pounds.
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13 November 1753
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p.186, William
NEALE vs. Susan BUTLER } trespass
upon the case 1631 pounds tobacco
agreed. |
13 August 1754
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pp.368-9, John
BUTLER Vs William Parker for
Freedom Petition Granted &
Petitioner adjudged free with
costs . . . . your Petitioner is
Entitled to Freedom not with
standing which a certain William
Parker of said County detains
your Petitioner as his servant
your Petitioner therefore prays
yr. Worships . . . . Whereupon
all and singular the Premises
being by the Court here seen
heard & fully understood. It
is Therefore Considered by the
same Court that the said John
BUTLER be Free. It is likewise
further Considered By the same
Court that the said John BUTLER
do Recover against the said
William Parker One hundred and
Two pounds of tobacco for his
Costs and Charges by him about
his suit in this Part laid out
and Expended on his assent by the
Court here adjudged. p.369,
Joseph BUTLER vs William Parker
Petition for Freedom . . . . is
entitled to Freedom
notwithstanding which a certain
William Parker of said County
detains your petitioner as his
servant . . . . Joseph Butler be
free . . . . 116 pounds toba
costs
p.373, George Keech Jurat to 5
days attendance as an evidence
for Susan BUTLER at suit of
William Parker for which he is
allowed 110 pounds tobacco.
Summons ordered for Geo. Keech
to test. for Susan BUTLER at suit
William Parker.
Same for John Parker, Masom
BUTLER & Mary Mahall to test.
for Wm Parker vs. John BUTLER.
Same for Susan BUTLER to Test.
for the Proprietary. against
Robert & William Parker.
p.389, Lord Proprietary vs.
William Parker & Robert
Parker } presented William Parker
and Robert Parker for a breach of
the peace on the body of Susan
BUTLER . . . . fined the sum of
five shillings.
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Charles County Court Record:
1755-1756, Liber E no.3:
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9 March 1756
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p.398-9, Edward Smoot5
vs. Mass BUTLER } trespass upon
the case . . . . sum of 1466
pounds of tobacco for sundry
goods |
9 March 1756
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p.423, William
Parker vs Susanah BUTLER Judgment
p. Convict Actionem . . . .
Charles County vs. Susanah BUTLER
late of Charles County Spinster
was attached to Answer unto
William Parker a plea of Trespass
upon the Case and So forth. And
Whereupon the same William by
Thomas Clark his Attorney
Complains that whereas the said
Susanah on the Ninth day of May
in the year of our Lord one
thousand seven hundred and fifty
five at Charles County aforesaid
was indebted to the said William
in the sums of sixteen hundred
and sixty two pounds of Crop
Tobacco & one pound Seven
Shillings Currency for divers
articles Lying properly in an
account as by the Particular
Account thereof herewith into
court Brought may appear and the
said Susanah being so thereof
Indebted the aforesaid Susanah in
Consideration thereof afterwards
to wit the day and year aforesaid
at the County aforesaid upon
himself Assumed and the said
William then and there faithfully
promised that the said Susanah
the said sums of Sixteen hundred
and sixty two pounds crop Tobacco
one pound seven shillings
Currency to him the said William
would well and truly content and
pay when thereunto afterwards she
should be requested. Nevertheless
the said Susanah her Promise and
Assumptions aforesaid not
Regarding but minding and
fraudulently Intending him the
said William in his Part Craftily
and Subtelly to dewe(?) and
defraud the said sums of sixteen
hundred and sixty two pounds of
Crop Tobacco and one pound seven
shillings Currency or any Part
thereof to the said William hath
not paid or him for same in any
sort Contented all tho the said
Susanah was afterwards to wit on
the first day of November in the
year of our Lord one thousand
seven hundred and fifty five
aforesaid and often before and
since at the Count afsd. by him
the said William Requested but
the same to him neither to so pay
or him for the same in any sort
to Content hath hither to
Altogether Refused and Still doth
Refuse to pay the same to the
Damage of the said William Three
Thousand Three hundred &
Twenty four Pounds of Crop
Tobacco and Two pounds fourteen
Shillings Currency and therefore
suit is Brought & so forth. |
1755, May 9th Susanah BUTLER
(Molatto):
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To paid Thos.
Clark Esqr. for you 1500 Pounds
Crop Tobacco & 1 pistole 27/
Cur. 1754
To Tobacco Lent you 1486
To paid Wm Scott p. yr. order 425
To paid the Sheriff for yr.
present fees & Convict
Charges 1103
To Thos. Thompson St. Marys 60
To paid Robert Horner 117
To Ballance due you in Trans.
Toba. 1400(Total) 3113
By 2 Cows & Calves sold
for you 800
By Cow do 300
By 2 small steers do 400
By 7 shotes about six months old
do 350
By 1 sow & 5 pigs abt. do.
200
By 1 old Lennen Bed do 300
By 1 old Jugg do 50
By 2 small potts do 150
By 51 pds. poork @ 3 pds tobac.
p. do 153
By 1 Barrell Indian Corn do 70
By 2 small Pewter Dishes Do 70
By a parcel of Earthen Ware Do
120
By 1 Bushell of Wheat Do 30
By 1 Do of Beans Do 20
By 50 pds of old Iron Do 50
By 3 ps. of old wooden wall Do 40
By 2 old sifters Do 10
(total) 3113
By the Ballance of Trans.
Toba. 6 p. Currt.(?) 1324 Crop
Balance Due W.P. in Crop Toba.
1622 & 1/7/0
Errors Excepted p. William
Parker
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Charles County ss. on the 9th of March
1756 William Parker before me made oath
on the holy Evangelists of Almighty God
that the within Account is Just and True,
and that he hath not to his knowledge
directly or Indirectly received Either
Part of Parcell Security or Satisfaction
for the same more then Credit given.
.. . . And the said Susanah by John
Hall her Attorney ... saith that she
Cannot deny the Action aforesaid . . . .
also 185 pounds of tobacco . . . . Costs
March 1756
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p.497, John
Semple & Company vs John
BUTLER } docket no.62 |
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Proceedings of the Council of Maryland,
1753-1761 [Archives of Maryland
vol. 31, p. 32]:
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His Excellency having
communicated to this Board a Report made
to him by the Justices of the Assize of
their having passed Sentence of Death in
Charles County on . . . and likewise
against Edward BUTLER for Robbing Trinity
Parish Church. Ordered . . . that Pardons
issue for . . . and Edward BUTLER. |
Charles County Court Record:
1757-1758, Liber H, no.3:
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14 March 1758
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p.149, It was commanded take
Susanah BUTLER late of Charles
County widow . . . to answer
William Parker . |
13 June 1758
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pp.407-8, Lord
Proprietary The Jurors . . .
Present that Charles BUTLER junr.
late of Charles County aforesaid
Labourer the Slave of James
Campbell of Charles County
merchant on the Thirteen day of
January in the year of our lord
one Thousand Seventeen Hundred
and fifty Eight in the county
aforesaid with force and armes
the store House of Andrew
Buchanan & Company
feloniously broke and Entered the
said Store House not being
Contiguous to or used with any
mansion House of Twenty Seven
yards of Sagothy of the value of
four pounds Current money, Ten
yards Irish Linnen of the value
of one pound Ten shillings
Current money, Two yards of Broad
Cloth of the value of one pound
Ten shillings Current, money Two
Ornies(?) of nuns thread of the
value of Three Shillings Current
money, sixteen yards of Harns(?)
of the value of Sixteen Shillings
Current money and seven yards of
Striped Holland of the value of
one pound five shillings Current
money of the proper goods and
Chattels of Andrew Buchanan &
Company in the same Store house
being then and there found then
and there feloniously stole tooke
and carried away against the
Peace of the said Proprietary his
good rule . . . . Says he is not
guilty .. . . Jurors . . .
Charles is Guilty of the felony .
. . . lead to the Place of
Executions & to be hanged up
by the neck until he be dead. |
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Charles County Inventory of Major
William BOARMAN, Sr.
Prerogative Court Inventories and
Accounts, volume 30, MdHR Roll 68-5,
SM13-43, p.60:
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11 July 1709
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1 elderly negroe man named
Charles 22
1 old negro man named Robert
1 mallatoe woman slave named Kate
28
1 mallatoe woman slave named Jane
26
2 mallatoe Girles slaves 32
2 mallatoe children slaves 16
1 old Irish woman 8 |
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Inventory of John SANDERS, Sr. 6
Prerogative Court Inventories
1729-1730, vol. 15, MdHR SR 4333-2, MSA
SM11-15, p.634
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1730 Negro man Jack
28/0/0
Do. Rumwell
Do. Harry
Do. James
Do. Charles very old & lame 5/0/0
1 Negro woman named Kate 25/0/0
Do. Nan old 22/0/0
Do. Jenny
Do. Betty
1 Negro boy abt. 9 years old Will 16/0/0
" " do. abt. 6 years old Robin
" " do. 3 years old James
1 Mallatto about 2 years old Geo. 6/0/0
1 Negro Girle abt. 12 years old Moll
1 Negro Girle abt. 7 years old Nanny
14/0/0
1 Negro Girle abt. 3 years old Pegg
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The
Will of John SANDERS, Sr.
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MARYLAND CALENDAR
OF WILLS: Volume 6 [AFN:
25M2-35]: SANDERS, John, Charles
County, 22nd October, 1724; 15th April,
1730.
Executor instructed as to payment of
debts, especially debt to estate of Wm.
Hutchison, dec'd.
To
priest attendant at death, 500 lbs.
tobacco.
To wife Mary and hrs., in lieu of
dowry, certain designated personalty
absolutely (not to include altar or
church furniture); and certain personalty
for life, to pass to daughter Mary POWER
for her life, and then to grandson John
POWER and heirs.
To daughters Mary POWER and Jane
DOYNE, 20 shillings each.
To son John and heirs, 100 acres. of
Cane's Purchase at
Porttobacco (for description see will);
and personalty.
To son Edward and heirs, part of last
named tract adjacent to land of bro.
.
To daughter Ann, personalty.
To son William and heirs, residue of
land at Port-tobacco, being
plan. where Thomas Osborn lived; and
personalty; to receive estate at death of
testator.
To eldest son Thomas, executor, and
heirs, residue of estate, real and
personal (except land in Virginia sold by
father Edward SANDERS to Nicholas
Russell, whose rights therein are hereby
acknowledged).
Test: Thomas MUDD, Robert Thompson,
Joseph GARDNER, Benjamin GARDNER, Charles
Clements.
Codicil: 6th July, 1729. Testator
states that estate of Ethelbert DOYNE,
deceased, with 3 small children being in
his hands, is to be distributed as
follows: Grandson Ethelbert DOYNE, to
care of Clement GARDINER until of age to
receive his estate, real and personal, as
designated; 2 granddaughters Mary and
Jane DOYNE, with personalty, to care of
Thomas Thompson, Port-tobacco.
Test: James Whitgreave, Edward NEALE,
Edward Magatee. 19, 892.
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Provincial Court Judgment Records,
1770-1771, Liber D.D., no. 17, volume
61, part 1, MdHR SR 2522, pp. 233-244:
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p.233 September Term
1770
William BUTLER & Mary BUTLER a.
Richard BOARMAN7
27 Day of September 1763 the
plaintiffs by John Hall their attorney
file in Court here the following petition
to wit:
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The Humble
petition of William BUTLER and
Mary BUTLER sheweth that they are
entitled to Freedom, but are
detained in a state of perpetual
slavery by Richard BOARMAN of
Saint Mary's County planter. Your
petitioners therefore desire your
Honours to consider their case
and lett them at Liberty, and
otherwise relieve them in the
premises. And as in duty bound
they will ever pray. John Hall p.
Petitioners |
p. 234
at said next court 2nd Tuesday of
April 1764 come again as well as the said
Richard BOARMAN by Thomas Johnson Junior
his attorney. thereupon the said cause is
continued to next court. . . . next court
. . . April 1765 . . . come again the
parties aforesaid and ruled by the said
court that the Depositions of John
Branson, Samuel Love, Senior, John Jordan
Smith, and Elizabeth Waring be admitted
as Evidence on behalf of the defendant.
And on giving four days notice of the
time and place of Examination to the
Complainants, and thereupon the said
cause is further continued until next
court . . . second Tuesday of September
1765 . . . . second Tuesday of April
1766, come again the parties aforesaid .
. . continued next court.
Third Tuesday in October 1766 came
again the parties and ruled by the said
court that the Depositions of all
witnesses on both sides to be taken
before a magistrate be admitted as
Evidence on the Argument of this cause,
in case the Evidences are not able to
attend, the adverse party given two days
notice of the time and place of taking
each Deposition. next court.
May 1767 . . . October 1767 . . .
Third Tuesday May 1768 . . .
p. 235
Third Tuesday October 1768 ... Third
Tuesday May 1769 . . . . Second Tuesday
of September 1770 It is considered by the
Justices here that the said William
BUTLER and Mary BUTLER of and from any
further servitude to the said Richard
BOARMAN be hence discharged and freed.
And it is also considered that the said
William and Mary BUTLER recover against
the said Richard BOARMAN the sum of
________ pounds of tobacco by the Court
here unto them on their assent adjudged
for their costs and charges laid out and
expended by occasion of the premises etc.
Thereupon the said Richard BOARMAN by
his attorney aforesaid prays appeal from
the Judgment aforesaid . . . . High Court
of appeals . . . granted
Copies of the Depositions of the
Witnesses taken and admitted as Evidence
on the hearing of the aforegoing cause
are here annexed.
Charles County September 12, 1767 The
Deposition of John Jordan Smith aged
about Eighty five years, taken before me
the subscriber . . . above sixty years
ago he was well acquainted with Eloner
BUTTELER, an Irish woman, and negro
Charles and that they lived together
several years and that they had three
children which then lived with them, one
named John, one named Sarah, and one
named Catherine, and the Deponent further
saith that he believes the said John was
then between nineteen and twenty years of
age, and Sarah about seventeen, and
Catherine about fifteen years of age, and
this Deponent further saith
p. 236
that the said Eloner Butteler used to
come several times to his father's house
to wash for the family, and further saith
that the said Eloner and Charles lived on
a plantation of Majr. BOARMAN's and that
he saw them several times at the Majr's
and further this Deponent saith not.
Allen Davis. John Jordan Smith. I further
certifie that William BUTTLER was present
when the above Deposition was taken.
Allen Davis.
The deposition of Jane Howard aged
seventy years or there abouts being sworn
. . . declares that when this Deponent
was ten, eleven, or twelve years of age,
she used frequently to be at Major
BOARMAN's house (his wife being godmother
to this deponent) and at that time there
was in Major BOARMAN's possession two
Mulatto's as slaves, the one a young man
named Jack, twenty years of age or
thereabouts, the other a well grown young
lusty wench named Kate, (both which
Mulatto's she this deponent often heard
Major BOARMAN and Nell BUTLER, an Irish
woman, and also several neighbours say
the same likewise that they were married.
Jean x Howard. The above deposition was
taken before me one of the Lordship's
Justices for the County aforesaid
September 21, 1767.
The Deposition of Thomas Beach, aged
seventy eight years . . . saith that he
knew Irish Nell that the first of his
knowing her was at Mr. Leonard BROOKES8
and that she the said Irish Nell appeared
to him at that time to be about forty
years old, that Nell had a Daughter
called Abigail, that when he first knew
her she was about nine or ten years old,
and lived at Leonard BROOKEs' and that he
the deponent was then about twenty or
twenty one years old, and that he often
heard that William BUTLER was the son of
the said Abigail and that Irish Nell was
a white woman and that when he first knew
Irish Nell he was about twenty or twenty
one years old. Thomas x Beach 28 October
1767.
William & Mary Butler a. Richard
BOARMAN . . . in the Provincial Court May
27, 1767.
Ann Whitehorn aged seventy six years
the eleventh day of December next . . .
saith that William BUTLER one of the
petitioners, is a son of Eleanor BUTLER's
Daughter named Elizabeth, commonly called
Abigail, which said Elizabeth, this
Deponent saith was near her age, but
something younger, that they were girls
together, and lived within two miles of
each other,
p. 237
and that she never knew that the said
Eleanor BUTLER was in a state of slavery
that she frequently used to come and see
her Children, and stay with them for a
month and longer at a time as other free
people do, that she never knew or heard
that Eleanor BUTLER was married to a
negro, that the said William BUTLER is,
she believes about forty four years old,
that the said Elizabeth, mother of the
Petitioner has been dead about thirty
years, that she knew Eleanor BUTLER from
the time this Deponent was seven years
old or thereabouts to the time of the
said Eleanor's death, and that she the
said Deponent always lived within a mile
or two of the Elizabeth commonly called
Abigail, Daughter of the said Irish Nell
and that the said Eleanor was a Midwife
and lived chiefly among the BOARMANs in
Charles County without being confined to
any particular place that she knows of
that Eleanor bore three or four Children
after this Deponent knew her, and at the
time of her first knowing her was a Child
bearing woman, that Eleanor she believes
was about forty years old when she died
but does not know how long it is from her
death, that one of the Children which the
said Eleanor used to go and see was at
Richard BOARMAN's, that is now but then
Leonard BROOKE's in Saint Mary's County9
and another Richard BROOKES in Saint
Mary's County,10
that she heard, but don't know from whom
that Leonard BROOKE's wife was of the
family of Sanders, who the wife of
Richard BROOKES was she never heard,
maybe she was a SLY, she thinks she has
heard so, and further saith not. Ann x
Whitehorn.
In the Provincial Court
27 May 1767.
Samuel ABELL, Junior,11
aged fifty years next March . . .
deposeth and saith that in April 1764, as
well as he can remember he was at
Annapolis attending the provincial Court
with Mr. Edwards and lodged at one house,
and Mr. Richard BOARMAN the Defendant
came to their lodgings and in discourse
about the matter now in question the said
BOARMAN told him and Edwards that Lord
Baltimore a good many years ago came into
this Country to live and brought with him
a woman named BUTLER whose Christian name
he do not remember, to wash and iron and
boarded her with his Grand Father, and
that some time after they had been there,
said woman called BUTLER fell in Love
with one of his Grand Father's Negroes
and wanted to marry him, and upon my Lord
being informed that she wanted to marry
the negro, my Lord sent for her in, and
chid her, and told her that if she
married the negro she would by that means
enslave herself, and her posterity, upon
which the woman told him that she would
rather marry the negro under them
circumstances, than to marry his Lordship
with his Country, upon which he told her
she might go and marry him, and be
damned. Accordingly she went and was
married to the negro, and of that
marriage came these two negroes William
and Mary BUTLER the Petitioners, upon
which he this Deponent or Mr. Edwards he
don't remember which
p.238
of them asked him if there were not a
good many of that Family. he said there
was about one hundred and twenty of them,
but the negroes by their county made near
three hundred of them, for that thy had
taken even some salt water negroes into
their count, and upon asking him how they
came to be slaves as they came of a white
woman. He said he claimed them by a Law
of this province whereby white women
marrying of slaves, should become slaves
to the house of their Husband's master.
And he took out his pockett a paper which
he said was a copy of the Act and it
appeared to be a copy of an Act and under
that Act he claimed them and thinks as
well as he can remember, he said Mr.
DARNALL12
copyed it for him; afterwards this
deponent and Mr. Edwards were talking
about the matter and that they would be
summoned as Evidences, upon which Mr.
BOARMAN said he only spoke to them as
friends and desired they would say
nothing about the matter and after they
the said Deponant and Edwards, went home
several people came to him and asked what
the conversation was which passed between
him and BOARMAN, upon which he knew he
never told any body, and when he saw Mr.
Edwards he asked him how he came to tell
of it, he said it was no secret. Mr.
BOARMAN had told it to fifty people
besides, and further saith not. Saml.
ABELL
In the Provincial Court
27 May 1767.
Nathaniel Suit aged forty years the
twenty second day of July next . . .
saith that his father Nathaniel Soot at
the time of his death was in the Eighty
ninth year of his age, and that he has
been dead ten years last April and that
about seventeen or eighteen years ago he
told his Father that Ned BUTLER had sued
for his freedom and his father said he
was a foolish dog wou'd never get free
nor none of Irish Nell's Children, for
she was married to a negro Fellow of
Major BOARMAN's named Charles, and that
enslaved them all, and said he was there
when they were married and was a small
boy and was there with his mother, and
thinks his Father said they wanted him to
kiss the Bride, or she wanted to kiss
him, or did kiss him, and he runaway, and
further saith not. Nathaniel Suit
In the Provincial Court
27 May 1767
William McPherson aged sixty years,
the fifth day of September next, being
first sworn ... saith that he knew
Eleanor BUTLER, commonly called Irish
Nell, about fifty years ago, when
Pomphrey John SANDERS13
married Major William BOARMAN's widow and
brought his wife home, he said Irish Nell
-
p. 239
and a negro Charles at the said
SANDER's, that he has seen Nell and
Charles and that negro Charles called the
said Nell his old woman, and she called
him her old man, that he never knew of
the said Nell being held as a slave, that
when Charles went to SAUNDER's quarter
Nell went there also and acted as a
Cooke, that Nell appeared to him to be an
old woman and bore no children after his
knowledge of her, that he knew a Daughter
of her's called Kate, that Kate was the
mother of Pegg, that Pegg was the mother
of Moll, one of the petitioners, that he
first knew Kate about forty five years
ago, that she then had Children and died
about seven or eight years ago, and
thinks she must in his judgment have been
seventy years old if not more at the time
of her death, that Eleanor BUTLER hath
been dead about thirty eight, thirty
nine, or forty years ago. that he knew
two other Daughters of the said Eleanor
called Moll and Nan, that Nan was the
youngest of the three and he believes
Moll younger that Kate, that John
SAUNDERS hired negro Charles to Nasy
BOARMAN,14
that Eleanor BUTLER either came with him
or followed him there and acted as a free
woman and took in Spinning and acted as a
midwife, that Charles was afterwards
hired to SAUNDERS's son and moved away
from Nasy BOARMAN's, but that Eleanor
BUTLER stayed at Nasy BOARMAN's till she
died, that the said Eleanor appeared to
him much broken and an old woman when she
died, that when Eleanor first came into
the Country she lived with Major William
BOARMAN as he heard, that the children of
Nell before spoken of in this Deposition
were held as slaves, that is Kate by John
Baptist BOARMAN,15
Pegg by Ignatius BOARMAN,16
and Moll was born at Ignatius BOARMAN's
and fell to a son of the said Boarman's
called Francis BOARMAN17
that he knew Ned BUTLER pretty near
twenty seven or twenty eight years ago,
that he was then a man grown and appeared
to him to be about twenty eight years
old.
Edward EDELEN18
aged fifty years or thereabouts . . .
saith he heard his father say a little
before he died which was seven years next
fall, that he was Eighty nine years old,
or thereabouts, and that he heard his
Father say he went to Major BOARMAN's one
morning, and when he came there he said
My Lord Baltimore was there, and then
lived there, and he heard Lord Baltimore
ask for Eleanor BUTLER, a servant woman
of Major BOARMAN's, when she came to him
he said, I understand you are going to be
married to Day to negro Charles, he said
to her what a pretty so likely a young
Girl as you are should fling herself away
so as to marry a negro, and he said not
only that, but you'll make slaves of your
children and their posterity, and he
heard his Father say he did not stay to
see them married, but he understood they
were married that day and lived together
afterwards as man and wife, this
Conversation with his father happened
about twenty years ago, that he says that
his sister married one of the BOARMANs
who had some of the Descendants of Nell
Butler -
p. 240
and her Children as he has heard now
claims them & further saith not.
In the Provincial Court
May 27 1767.
Benjamin JAMERSON19
aged forty Eight years last November
being first sworn . . . saith that he has
heard his mother who is now dead say that
she has heard old Madam Witham who is
also dead say that she saw Irish Nell or
Nell BUTLER, he's not certain which,
married to negro Charles, that the said
Charles at that time belonged to old
Major BOARMAN, further he has heard her
say she heard old Mrs. DOYNES20
who is also dead say that she was at
Major BOARMAN's when they were married
and thinks she see them married, and
further has heard her say that she heard
one old Ann Short who is also dead say
she was at Major BOARMAN's when they were
married and thinks said she seen them
married, and also heard old Mrs. Ruthorn
who is also dead say that she was at
Major BOARMAN's when the same Nell and
Charles as she understood was married,
but that she did not see them married,
that she heard several people wish them
much Joy and that she behaved as a Bride
and that he has heard his mother say that
she heard many people say that my Lord
was at Major BOARMAN's at the time when
they were married and cautioned this Nell
BUTLER against it, that before they were
married that if she married negro Charles
she would enslave herself, and all her
posterity, my Lord asked her how she
would like to go to bed to a negro? She
answered that she rather go to bed to
Charles than with her Lordship, that he
heard Mr. Yates21
who was a Magistrate of Charles County,
and now also dead say, that they were
married under a Law that made them
slaves, that Mr. Yates at the time of his
death was about fifty or sixty years old,
as he apprehends, that Mr. Yates was not
a native of this province as he believes,
and was a man when he first saw him to be
about twenty or near thirty or more,
about seventeen or Eighteen years ago,
but that he is unable to form any
Judgment of what age he was, and further
saith not. Benja. JAMESON.
27 May 1767. . . . Thomas Bowling
aged sixty three years ... saith that in
some discourse with his mother who is now
dead, I heard her say, that in some
discourse with Irish Nell about her
marriage with a negro, Irish Nell told
her the day she expected to be married,
she was early up intending to clean the
house out, and a Gentleman whether it was
Lord Baltimore, or any other person he
can't remember, asked her if she was the
girl that was to be married that day to
the negro? She said yes,
p.241
he then chid her and told her she
would put a mark by that upon her
children and bring them into Slavery,
that if she would marry a white man her
children might be a Credit in the world,
otherwise they wou'd be in slavery, upon
which she fell a crying, and said it was
to her Choice, she wou'd rather have
Charles than have your Lordship or his
Lordship he can't tell which, upon which
he said marry him if you will and so were
married, and that this Conversation
between him and his mother happened about
thirty years ago, that he knew Kate a
Daughter of Irish Nell who had a Daughter
named Pegg who had several children that
he understood Jack was the Eldest Child
of Irish Nell, that he knew Jack about
fifty four or fifty five years ago and
then he appeared to be one and twenty
years of age and that several young
people were with him in the yard who he
knew to be about one or two and twenty,
and that he appeared to be of their age,
he himself that time being six or seven
years old, that he always understood the
descendants of the said Irish Nell were
held in slavery during his remembrance,
and that several of them who he knew were
held as slaves that he knew Leonard
BROOKE who he always understood married
Major BOARMAN's daughter and Richard
BROOKE and his wife Clear22
which Clear was the Daughter of Major
BOARMAN, that he the Deponent from his
infancy lived in the Neighborhood of
BOARMAN's family in Charles County until
he was forty years old, and then removed
into Prince George's County, that he was
nine or ten years old sent him for corn,
and then he saw Ned BUTLER at his master
Joseph PILES23
his house, and that the said Ned BUTLER
was a size bigger than himself, and that
he judged him to be a year or two older
than himself, that he has heard that one Hubbert was a Roman
Priest, and lived in the Neighborhood
near Major BOARMAN, that it was before
his time, and that he never saw him as he
knows of, that one Haddock succeeded him,
and that he knew him very well, and that Mr. Hubbert
died an old man, as he has heard, that he
does not know whether Nell was a slave or
not, for when he knew her she was old and
past her Labour. Thomas Bowling.
In the Provincial Court
27 May 1767.
William SIMSON aged sixty nine years .
. . saith that as for Irish Nell and her
Husband ever since he knew any Body he
knew them likewise he knew Kate who came
from them, and he knew the Grand son Ned
who went for Kate's son, and he the said
Ned and himself were pretty near of an
age, and were Children and played
together, his master put him out to work,
and his master got this Deponent to work
with him, he kept on to work for some
time, and then went away from this
Deponent down to his master, Billy NEALE,24
who lived at Kob, that he heard his
Father say he was at the wedding at these
two old people called Nell Butler and
Charles and -
p. 242
saw them married, and heard him tell
Capt. Redhead he was at the wedding, and
a fine wedding it was, the Capt. told his
Father she was a foolish woman for
marrying the negro, for that it would
make herself and her children slaves
forever after, and as for the two couple,
he used to work abroad and doth not know
whether the lived or died slaves that the
time he went to work abroad, he was three
and twenty, that he remembers Nell BUTLER
and Charles, and they passed as man and
wife and called themselves so, and that
Charles he believes was a saltwater
negro, and always understood was a slave
of Major William BOARMAN, that this
Deponent's daughter married Baker BROOKES25
who had one or two Mulato's who he
understood were of this family and that
Baker BROOKE and his wife were both dead
without Children, that Baker BROOKE did
not get these Mulatto's by his wife, that
he knew the people when he was two or
three and twenty years old by that they
did not come into his walks after he went
away to work, being asked how old Nell
was, when he first knew her? Said it was
a great while ago, and that he don't
know, not very old about thirty or
perhaps forty years old, that he has
heard his father talk of one Mr. Hulbert
being a roman Priest, and that he used to
preach at a Chappell pretty next Major
BOARMAN's and that this Deponent don't
remember ever to have seen him, and
further saith not. Wm. Simpson.
In the Provincial Court
27 May 1767.
Joseph JAMESON26
aged fifty two years next December . . .
saith that he knew Irish Nell very well,
that she lived at Mr. Nasy BOARMAN's
within a mine of his Father's, that she
had a Daughter living with her, who died
as a slave of Mr. BOARMAN, and being
asked how he knew she was a slave? says
she worked among the other slaves and
lived as they did, she there died, and
Mr. BOARMAN sent for a spade, and he went
and gave it out of the mill, and went
with them to the place where they put her
in the ground, the old woman Nell was
lamenting the loss of her Daughter, and
said it was the greatest loss she had met
with since she was married, some one
there bystanding asked her who married
her? and she answered one
Mr.
Hubbert since that about thirty six
or thirty seven years ago, Mrs. DOYNES
happened at his Fathers, Major BOARMAN's
Charles was there of an errand sent, and
his mother said to Mrs. DOYNES there was
Major BOARMAN's Charles the husband of
Eleanor BUTLER, who Mrs. DOYNES said she
and Madam Witham saw married, and the
morning before they were married my Lord
Baltimore then was living at Major
BOARMAN's was pleased to ask this Eleanor
BUTLER whether she was going to be
married to negro Charles that day or not?
her answer to him was, she was, she hoped
she was that day to be married, who said
to her, he was surprised she was going to
marry a negro which she was likely enough
to marry some one of her own Colour, her
-
p. 243
answer was, she had much rather be
married to negro Charles than his
Lordship, he then said she did not
consider what she was about or going to
do, for that she did not bring only
slavery upon herself, but all her
posterity, that he knew negro Charles and
that he was always reputed to be a negro
slave of Major William BOARMAN, that the
said negro Charles and Irish Nell were
always deemed as man and wife and did
acknowledge themselves as such, that he
knew several Children of Nell BUTLER's
named Kate, Moll, and Nan, that Kate had
a Child named Pegg who was the mother of
Moll that he believes Kate at the time of
her death was between sixty and seventy
years old, that all the Descendants of
the said Nell that he knew lived and died
slaves. They were working and living as
such except the said Kate who he had
heard from the neighborhood and one
Spalding had purchased her freedom, and
further saith not. Joseph Jameson.
In the Provincial Court
27 May 1767.
Mary Crosen aged seventy four years
the fifteenth day of February next . . .
saith that she knew Eleanor BUTLER a
white woman commonly called Irish Nell,
that she was settled by Nasy BOARMAN then
a single man with her children at a place
where Gerrard BOARMAN27
now lives called Zachiah Swamp near the
old Bridges, that she lived within two
miles of Irish Nell, that she knew some
of her Children, one called Kate, the
other Moll, that she knew Nell as long as
she can remember and that she supposes
she was twelve or fourteen years old when
she first took an account of her Kate,
Nell's Daughter has been dead between six
and seven years. Kate had several
Children, two of them she knew Jack and
Jenny, that Kate was upwards of fifty
years old when she died, that Kate and
Moll when she first knew them were young
women, and that she thinks Kate was
fourteen or fifteen years older than
herself, but cannot be certain, and that
Kate was older than Nan, that she does
not know that Nell was a free woman but
appeared to her to do as she pleased,
that she was a hard labouring body and
made good Crops, and she believes Mr.
Nasy BOARMAN's family got them, that she
has heard that Kate had a daughter called
Pegg to the best of her knowledge, that
she has heard that Nell had a Daughter
called Abby, and further saith not. Mary
x Crosen.
Charles County
September 17, 1767.
Mrs. Elizabeth Warren, aged sixty five
years ... saith that she knew negro
Charles who was a slave to Mr. William
BOARMAN sixty years ago, as also a white
woman named Nell, which said slave and
white woman she understood from all her
acquaintances of them times, to be man
and wife, and never heard -
p.244
it disputed till some few years ago,
and this Deponent further saith that as
far back as she can remember she saw a
negro man named Jack at Major Wm
BOARMAN's a person who went for the son
of the aforesaid Charles and Nell, that
she always understood from the Neighbors
he was a slave to said BOARMAN that said
Jack runaway from his said Master, that
Mr. BOARMAN's son followed him to Lower
parts of Virginia, and that Jack bought
his freedom, that he never returned as
she knows of. Elizabeth x Warren.
Above deposition was taken at the
Instance of Mr. George BOARMAN in the
presence of Negro William BUTLER this 17
September 1765.
September 18, 1765, Mr. Samuel Love,
Senior, aged seventy nine or thereabouts
. . . sayeth that his mother and grand
mother and old Mr. Richard EDELEN and
several other people about seventy years
agoe he has often heard them say that a
Negro man slave called John slave to
Major William BOARMAN, was married to
Eleanor BUTLER, and he has often heard it
said they always went as man and wife,
and the Deponent says he often heard
Eleanor BUTLER call the said negro John
her Husband, and he saith he never heard
Eleanor BUTLER had a base born child.
Samuel x Love Senr.
Saint Mary's County.
The deposition of John Branson aged
Eighty two years some time next month . .
. . declares that sixty two years ago he
this deponent workt at William BOARMAN's
in Charles County at which time a Mulatto
man called Jack was put to work with him
which he was informed was a son of a
white woman called Irish Nell and at that
time he declares that the said Jack was a
slave, and that it was occasioned by his
mother intermarrying with a slave
belonging to the aforesaid William
BOARMAN, and further this deponent saith
not. 28 September 1765.
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Editorial Notes: |
1. John
Brayfield: This seems to have been John
Brayfield, a planter in Maryland who was born in 1680.
2. Francis
HAMERSLEY: This was Francis
HAMMERSLEY, Jr., the second
husband of Elizabeth
BOARMAN.
3. Richard
EDELEN: This
was Richard
EDELEN, the father of Elizabeth
EDELEN, the second wife of John Baptist BOARMAN.
4. William
NEALE: This was
William NEALE (BET 1711 and 1714, St. Mary's County,
Maryland, British North America - AFT 29 October 1765
[Will signed] and BEF 10 June 1766 [Will proved], Charles
County, Maryland, British North America) who was first
married to Anne PYLE (born about 1710 in St. Mary's
County, Maryland, British North America), the daughter of
Joseph
PYLE II and Elizabeth
BOARMAN. William NEALE was the
son of James NEALE, Jr. (1650, Charles County, Maryland,
British North America - BEF 11 October 1727 [Charles
County Maryland Probate Records, Inventories -
1717-1735, fol. 246: inventory of
estate taken 31 October 1727]) and Elizabeth LLOYD (born
about 1666 in Charles County, Maryland, British North
America) who were married in 1687 in Charles County,
Maryland. James NEALE, Jr. had been first married to
Elizabeth PYLE, the daughter of Joseph PYLE I (ABT 1630,
Charles County, Maryland, British North America - BEF 8
October 1692, Charles County, Maryland, British North
America) and Mary TURNER. Joseph PYLE I and Mary TURNER
were the parents of Joseph PYLE II. James NEALE, Jr. was
second married to Elizabeth CALVERT (5 January 1665/66,
Charles County, Maryland, British North America - 1684,
Charles County, Maryland, British North America) on 1
January 1680/81 in Charles County, Maryland. Elizabeth
CALVERT was the daughter of William CALVERT (1643,
Battle, East Sussex, England - AFT 9 May 1682 and BEF 9
June 1682, drowned in the Wicomico River, Charles County,
Maryland, British North America) and Elizabeth STONE
(1644, Baltimore, Baltimore County, Maryland, British
North America - 1707, Stafford County, Virginia, British
North America) who were married on 15 December 1664.
William CALVERT was the son of Gov. Leonard CALVERT
(1606, Parish of St. Martins-in-the-Fields, London,
Middlesex County, England - 11 June 1647, St. Mary's
City, St. Mary's County, Maryland, British North America)
and Anne BRENT (ABT 1613, Admington, Gloucestershire,
England - ABT 1645, St. Mary's County, Maryland, British
North America). Elizabeth STONE was the daughter of Gov. William STONE and Verlinda GRAVES.
William NEALE was second married
to Anne
BROOKE, the daughter of Leonard BROOKE and Anne BOARMAN. Anne BROOKE was second married to Benedict
Leonard BOARMAN.
5. Edward
Smoot: This was
Edward SMOOT (22 February 1723/24, Wicomico, Charles
County, Maryland, British North America - 2 October 1794,
Charles County, Maryland, British North America), the son
of John SMOOT (2 November 1686, Pickawaxon
Hundred, Charles County, Maryland,
British North America - 24 November 1727, Wicomico,
Charles County, Maryland, British North America) and
Posthuma FORD (29 July 1693, Caungoemuxon, Charles County, Maryland, British North
America - ABT 1771, Charles County, Maryland, British
North America)
6. John
SANDERS,
Sr. : John SANDERS,
Sr. was the third husband of Mary JARBOE, the widow of Maj.
William BOARMAN, Sr.
7. Richard
BOARMAN: This
was Richard Bennett BOARMAN (ABT 1723, Charles County,
Maryland, British North America - BEF 8 July 1758,
Charles County, Maryland, British North America) who was
married to Mary Ann HOSKINS (died in 1792) and who was
the son of John
Baptist BOARMAN and Elizabeth
EDELEN. Mary Ann HOSKINS was the daughter of Bennett
HOSKINS (1685, Charles County, Maryland, British North
America - BEF 22 April 1734, St. Mary's County, Maryland,
British North America) and Eleanor NEALE. Bennett HOSKINS
was the son of Col. Philip
HOSKINS and Ann
MATHEWS. Eleanor NEALE, who had been first married to
John LANCASTER,
was the daughter of Raphael NEALE (1683, Charles County,
Maryland, British North America - 1743, Charles County,
Maryland, British North America) and Mary BROOKE (born
1685, Charles County, Maryland, British North America),
the daughter of Baker
BROOKE I and Ann
CALVERT.
8. Leonard
BROOKES: Leonard BROOKE was
the first husband of Anne
BOARMAN.
9. Richard
BOARMAN's, that is now but then Leonard BROOKE's in Saint
Mary's County: What the deponent, Ann
Whitehorn, means is that the homestead, in St. Mary's
County, which - as of 27 May 1767 - is occupied by
Richard BOARMAN was formerly occupied by Leonard BROOKE.
In this instance, the deponent is referring to Richard
Basil BOARMAN (1720, Maryland, British North America - BY
27 July 1782, St. Mary's County, Maryland, British North
America), the son of Benedict
Leonard BOARMAN I and Anne BROOKE.
Richard Basil BOARMAN was the husband of Ann GARDINER
(died before 22 February 1792). Anne BROOKE,
the mother of Richard Basil BOARMAN, was the daughter of Leonard BROOKE and Anne BOARMAN.
10. another
Richard BROOKES in Saint Mary's County:
Richard BROOKE II (ABT 1715, De la Brooke Manor, St.
Mary's County, Maryland, British North America - BEF 16
February 1754, St. Mary's County, Maryland, British North
America) was the husband of Monica GARDINER. He was the
son of Richard
BROOKE I and Clare Anne
BOARMAN. Monica GARDINER was the daughter of Clement
GARDINER (died in 1747, in St. Mary's County, Maryland)
and Eleanor BROOKE (died before 1762, in St. Mary's
County, Maryland, British North America). It has been
surmised that Eleanor BROOKE was the daughter of Leonard BROOKE and Anne BOARMAN.
11. Samuel
ABELL, Junior:
This was Samuel ABELL (1717, St. Mary's County, Maryland
- 30 June 1777, St. Mary's County, Maryland) who, in
1735, in St. Mary's County, Maryland, was married to
Eleanor O'Bryan. He was the son of Samuel ABELL, Sr.
(1678 - 1764) and Winifred Hall who were married, in St.
Mary's County, about 1700. Samuel ABELL, Sr. was the son
of Samuel ABELL (1650, St. Mary's County, British North
America - AFT 8 January 1697 [Will signed], St. Mary's
County, Maryland, British North America) and Susannah
("Ann") GARDINER (died after 1697), the
daughter of Dr. Luke GARDINER (1622, Woodperry, Oxfordshire, England -
AFT 4 December 1673 [Will signed] and BEF 12 August 1674
[Will proved], Canoe Neck, Oakley, St. Mary's County,
Maryland, British North America) and Elizabeth
HATTON (1 January 1633,
England - 1702, St. Mary's County, Maryland, British
North America) who were married in 1649, in St. Mary's
County, Maryland. Elizabeth HATTON was second married to
Clement HILL.
12. Mr.
DARNALL: This
was Col. Henry DARNALL I (1645, London, England - 16 June
1711, Portland Manor, Anne Arundel County, Maryland,
British North America), the son of Philip DARNALL (1605 -
1677) and Mary CALVERT (1608 - 1692).
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Prince George's County:
Over 300 Years of History. Prince George's County
is Settled [http://www.pghistory.org/PG/PG300/settled.html].
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"Foremost among the defenders of
Lord Baltimore was Henry DARNALL I, a
merchant and planter who owned land in
several counties, but who died and was
buried here in Prince George's. DARNALL
was a Catholic, a cousin of Lord
Baltimore's wife. He came to Maryland in
the 1670s, was elected to the General
Assembly, and was appointed to a number
of local and provincial offices. When
Lord Baltimore left Maryland in 1684,
DARNALL was a member of the governor's
council and became a member of the board
of deputy governors charged with running
the provincial government in Baltimore's
absence. He supported the unpopular James
II, as revealed in a letter he wrote in
March 1689 praying for his "happy
restoration without bloodshed"
(Protestant Associators Archives of
Maryland). When the seized the
statehouse, it was DARNALL who tried
unsuccessfully to raise an army to oust
them. He signed the articles of surrender
for the government and left Maryland in
September to join Lord Baltimore in
England. He eventually returned as a
representative of the Calverts and was
appointed to several important posts
which administered their lands. He died
on June 16, 1711, and was buried at his
plantation, Darnall's Delight (also known
as The Woodyard), in southern Prince
George's County." |
The Will of Henry DARNALL I
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DARNELL, Henry,, Anne
Arundel County, 28th April, 1711; 17th
July, 1711. To wife - dwelling
plantation and 1/3 personalty during
life.
To son-in-law Charles CARROLL and
heirs, 3 tracts in Prince George's
County, viz., 1726 acres,
"The Girl's Portion,"' 925
acres, "The Outlet"' at head of
Western Brack of Patuxent River and 406
acres, "The Concord," also 400
acres, on Patuxent River, purchased from
Philip Gitting, having been purchased by
him from Cuthbert Fenwick.
To son-in-law Clement HILL, tracts,
each of 400 acres in Prince George's
County, one on lower side of Clement
BROOKs' land on east side of Piscataway
Branch, and the other lying below afsd.
tract but separated by- land taken up by
Thomas BROOK; also such estate as was
agreed upon between testator and Clement
HILL, Sr., upon his marriage with
daughter Anne.
To son-in-law Edward DIGGS and heirs,
1000 acres, in Cecil County, conveyed to
testator by executors of Col. Vincent
Low; also 2 tracts in Prince George's
County, viz., 250 acres,
"Kingstone." purchased from
Peter Joy, and where said DIGGS now
lives, and 125 acres adjoining, purchased
from Nathan Veitch, these tracts being
given in lieu of 1000 acres, " The
Reserve" and 400 acres, "
Conveniency, " which were promised
to him at his marriage with daughter
Elizabeth.
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HENRY DARNALL I
(1645 - 1711)
Unsigned portrait after
the manner of Justus Englehardt Kuhn
(died 1717)
Oil on canvas
37 15/64 x 30 7/64 in. (94.6 x 76.5 cm.)
Bequest of Miss Ellen C. Daingerfield
Holding Institution: Maryland
Historical Society
Accession: 1912-1-1
Image copyright ©
Maryland
ArtSource [Baltimore
Art Research & Outreach Consortium]
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ELEANOR HATTON
BROOKE DARNALL (1642 - 1725)
Unsigned portrait after
the manner of Justus Englehardt Kuhn
(died 1717)
Oil on canvas
37 3/32 x 30 7/64 in. (94.2 x 76.5 cm.)
Bequest of Miss Ellen C. Daingerfield
Holding Institution: Maryland
Historical Society
Accession: 1912-1-2
Image copyright ©
Maryland
ArtSource [Baltimore
Art Research & Outreach Consortium]
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| Henry
DARNALL I was first married to Mary
UNKNOWN and second to Eleanor HATTON (3
April 1642, England - 2 February 1725,
Prince George's County, Maryland, British
North America), the widow of Maj. Thomas
BROOKE (23 June 1632, Battle, County
Sussex, England - 1676, Maryland, British
North America) and the sister of Elizabeth HATTON,
the wife of Dr.
Luke GARDINER. |
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13. Pomphrey
John SANDERS:
This is the same as John SANDERS,
Sr. the third husband of Mary JARBOE.
14. Nasy
BOARMAN: This
was Francis
Ignatius BOARMAN.
15. John Baptist BOARMAN:
John
Baptist BOARMAN was the son of Maj.
William BOARMAN, Sr.
16. Ignatius
BOARMAN: Francis
Ignatius BOARMAN was the son of Maj.
William BOARMAN, Sr.
17. Francis
BOARMAN: Francis BOARMAN (1732, Charles
County, Maryland, British North America - BEF 1 July
1773, St. Mary's County, Maryland, British North America)
was the son of Francis
Ignatius BOARMAN and Anne SLYE. He
was the husband of Beatrice EDELEN (died before 1773).
18. Edward
EDELEN: This was the son of Richard
EDELEN and Sarah HAGAN.
19. Benjamin
JAMERSON: This was Benjamin JAMESON (1719,
Charles County, Maryland, British North America - BEF 24
September 1787 [Will proved], <Charles County>,
Maryland, British North America), the son of Thomas
JAMESON (1679, England - 18 November 1733, Charles
County, Maryland, British North America) and second wife
Mary DOYNE (ABT 1665, Charles County, Maryland, British
North America - 1755, in Charles County, Maryland,
British North America) who were married 10 November 1698,
in St. Mary's County, Maryland. Benjamin JAMESON was
married to Sarah QUEEN (9 October 1734, Rock Creek
Parish, Prince George's County, Maryland, British North
America - 1795, <Charles County>, Maryland, British
North America).
Sarah QUEEN was the daughter of Samuel QUEEN and Sarah
EDELEN (19 February 1704/05, St. John's Parish
(Anglican), Prince George's County, Maryland, British
North America - AFT 7 January 1773 and BEF 29 July 1773,
Charles County, Maryland, British North America) who were
married 17 February 1722/23, in Prince George's County,
Maryland. Sarah EDELEN was second married to Edward PYE
(ABT 1701, St. John's Parish (Anglican), Prince George's
County, Maryland, British North America - BEF 28 November
1752, Maryland, British North America) on 25 February
1735/36 in St. John's Parish (Anglican), Prince George's
County, Maryland. Edward PYE was the son of John PYE and
Henrietta Maria NEALE (died in 1776).
Sarah EDELEN was the daughter of Edward EDELEN (1676,
Charles or St. Mary's County, Maryland, British North
America - 1756, Prince George's County, Maryland, British
North America) and Elizabeth JENKINS (1678, Popes Creek,
Charles County, Maryland, British North America - BEF 28
April 1731, Charles or Prince George's County, Maryland,
British North America). Elizabeth JENKINS had been
previously married to Moses JONES (1675, Charles County,
Maryland, British North America - 1707, Portobacco,
Charles County, Maryland).
Mary DOYNE, the second wife of Benjamin JAMESON and
the daughter of Capt.
Joshua DOYNE (1634, County Wexford, Ireland - AFT 4
March 1697/98 [Will signed] and BEF 16 August 1698 [Will
proved], was first married to Ignatius MATHEWS (ABT 1668
- AFT 19 February 1697 [Will signed] and BEF 21 July 1698
[Will proved], Charles County, Maryland, British North
America), before 1695, in St. Mary's County, Maryland.
Ignatius MATHEWS was the son of Dr.
Thomas MATHEWS, Sr. and Jane
COCKSHOOT (COCKSHUTT). Capt. Joshua DOYNE, whose
second wife was Jane <MATHEWS?>, was first married
to Barbara UNKNOWN.
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Charles
County Land Records G#3, p. 370. WHARTON,
Jane, wife of Henry WHARTON of St Mary's County,
Gent., age 50, recorded 10 October 1759; deponent
swore to the deposition on 16 January 1738/39,
stated that on or about 10 November 1698 she was
personally present at the house of Mrs. Jane
DOYNE, and a certain Thomas JAMESON married
according to the rites of the Church of Rome, by
the Rev. William Hunter, to the deponent's
sister, Mary MATTHEWS, and that on 25 December
1699 she was personally present at the house of
Thomas
JAMESON in Charles County, when her said sister
Mary was delivered of her eldest son, Thomas
JAMESON, now living, and this deponent further
saith that her brother-in-law Thomas JAMESON
during his intermarriage with her said sister
went one or more times to England, and that she
frequently heard him say that he was next heir to
an estate in England, which he could not expect
to enjoy, but he hoped it would come to some of
his children. The said Thomas JAMESON,
brother-in-law of the deponent, departed on or
about 18 November 1733.
[Robert W. Barnes, "Charles County
Depositions," Maryland Genealogical
Society Bulletin, Summer 1993, vol. 34, no.
3, continued from vol. 34, no. 2.]
[Editorial Note: Jane WHARTON
was born as Jane DOYNE, the daughter of Capt.
Joshua DOYNE.]
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TLC Genealogy [p.
63], Charles County Land Records
1756-1761, Liber G#3, p. 370. [Depositions] Jane
WHARTON, wife of Henry WHARTON of St Mary's
County, Gentleman, aged about 50, said that on
about November 10, 1698, she, this deponent, was
present at thehouse of Mrs. Jane DOYNE in St
Mary's County, and saw Thomas JAMESON married
according to the rites of the Church of Room (recte:
Rome), by the Revd William Hunter, to her, this
deponent's sister, Mary MATTHEWS. And on about
December 25, 1699. she was present at the house
of said Thomas JAMESON in CC when her said sister
Mary was delivered of her eldest son Francis (recte:
Thomas) JAMESON, who is now living. Her said
brother-in-law, Thomas JAMESON, went one or more
times during his intermarriage, with her said
sister, to England, and she has frequently heard
him say that he was next heir to an estate in
England, which he could not expect to enjoy, but
hoped it would come to some of his children. Said
Thomas JAMESON, her
said sister's husband, died on about November 18,
1733. For several years before his death, was in
a very weak, languishing condition. Signed - Jane
WHARTON
Sworn to before John BRISCOE, Gentleman, a CC
JP, on January 16, 1738, per S. Hanson,
Clerk
Cur Pred:.Recorded October 10, 1759.
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The Will of Jane
<MATHEWS?> DOYNE, Jane, St.
Mary's County,17th October, 1738; 5th March.,
1738.
Testatrix states that her late husband Joshua
DOYNE, gent., had by his will made her residuary
legatee of his estate; but had made no mention of
200 acres which he had formerly designed to give
to his son Dennis. She therefore bequeaths said
200 acres to Joseph and heirs, second son of Jese
DOYNE, deceased, (who was heir at law to Denis
DOYNE, aforesaid), said 200 acres being on Ward's
Run, part of tract of 600 acres bounded by
aforesaid husband of Madam Elizabeth CALVERT and
her son Charles.
To son Joshua, executor, his two children,
Robert and Jane, and any other children he may
have by his wife Anne, granddaughter Hennerita
WHARTON, and Mary and Jane, daughters to
Ethelbert DOYNE, deceased, sons Ignatius and
Edward, and daughter Jane WHARTON, personalty.
Test: James Boulter, Ann Sprett, James
Thompson. [22. 81]
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In the Will of Capt. Joshua DOYNE, a bequest of
"Five hund'd pounds of Tobbacco" was made to Mr. Richard Hubbard. One
suspects that this bequest was in token of thanks for
priestly services and that Richard Hubbard was the same
as the "one Hubbert"
whom Thomas Bowling
mentioned as "a Roman Priest"
who "lived in the Neighborhood
near Major BOARMAN" and who solemnised the
marriage of "Irish Nell" BUTLER and Charles. As
is shown in the deposition of Joseph
JAMESON, the priest by whom the marriage was
performed was addressed as "Mr.
Hubbert." Note should be taken of the fact that John SANDERS, in his Will,
bequeathed "To
priest attendant at death, 500 lbs. tobacco."
Among the prosperous Catholics of colonial Maryland,
"five hundred pounds tobacco" may have been a
standard gratuity for the sacrament of Extreme Unction, a
funeral mass, and prayers for the dead. In all
likelihood, Richard Hubbard was a member of the Society
of Jesus. Capt. Joshua DOYNE, like Maj. William BOARMAN,
Sr. was an entirely faithful Catholic. His Will, in full,
is reproduced below:
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The Will of Capt. Joshua
DOYNE, dated 4 March 1697/98, proved 16
August 1698, St. Mary's County, Maryland, vol. 6,
pp. 169 - 173 (Hall of Records, Department of
General Services, Annapolis, Maryland): IN THE
NAME OF GOD AMEN The fowerth Day of March in ye
Yeare of our Lord God One Thousand Six hundrd
& Ninety Seaven Eight I Joshua DOYNE of St.
Maries County in the Province of Maryland Gent
being Sick in body but in Good and Pfect memory
my humble thanks be to allmighty God for ye same,
I bequeath my Soule to God my body to ye Earth to
be buried in such decent manner as to my
Executrix hereafter named shall seem meet and
Convenient & revokeing and annulling all my
Former Wills & Testaments doe make ordeyne
and Declare This only to be taken for my last
Will & Testament & hereby of such
temporall Estate as it hath pleas'd God beyond my
Desert to bestow upon me, I give & Dispose of
ye Same in manner & forms following (That is
to Say)
IMPRESS The land & plantacon I
now live on Called Batchelours hope as alsoe ye
Land and Plantacon Called Derbys plantacon I
Leave unto my Deare & Loveing wife Jane DOYNE
for and During her Naturall Life . . . .
ITEM I give and bequeath unto my Said
Deare Wife the use and Benefitt of ye Land called
Notley's Addition containing Fower hundd acres of
Land till my Son Ethelbert DOYNE arrive at ye Age
of Eighteen Yeares . . . .
ITEM I give and Bequeath unto my Sonn
Jesse DOYNE to him and to ye heires of his boddy
lawfully begotten for Ever five Hundd acres of
Land being in Dorchester County being the halfe
of One Thousand acres of Land lyeing there Called
by the name of Jimna Sara survey'd by Mr. Thomas
Smithson . . . .
ITEM I Give and Bequeath unto my Sonn
Jesse DOYNE to him and to ye heires of his body
Lawfully begotten For ever Two Hundd acres of
Land, That lyes at Nangemy in Charles County
whereof I have allready deposit him it being part
of a Tract of Land I purchased of Madam Elizabeth
CALVERT & of her Sonn Charles CALVERT . . . .
ITEM I give and Bequeath unto my sonn
William DOYNE & to ye heires of his body
Lawfully Begotten for Ever Two hundred acres of
Land being the Plantacon allready Seated by me
Lyeing at Nangemy in Charles County &
purchased as above reserving hereof for the use
and benefitt of my Deare wife Jane DOYNE one
Third of ye Plantacon & Dividend of ye Said
Two hundred acres Dureing her widdowhood . . . .
ITEM I Give & Bequeath unto my
Said Sonn William DOYNE to him & to ye heires
of his body Lawfully Begotten for Ever Five hundd
and Fifty acres of Land Called Rang being at ye
head of Ingrams Creeke in Dorchester County . . .
.
ITEM I give and Bequeath unto my Sonn
Ethelbert DOYNE to him & to ye Heires of his
body Lawfully Begotten for Ever the Land Called
Notley's Addition being in Chaptico which I
purchased of ye Rt Hono'ble Lord Baltimore
containing Fower Hundd acres of Lande . . . .
ITEM I give & bequeath unto my
Sonn Ethelbert DOYNE to him and the heires of his
body Lawfully begotten for ever Five hundred
acres of Land being in Dorchester County being
the other halfe of ye Land Called Jimnco Sarah .
. . .
ITEM I give & bequeath unto my
Sonn Joshua DOYNE to him & to ye heires of
his body Lawfully begotten for Ever Two hundd
acres of Land Lieing near port Tobbaccoe in
Charles County called St. Bernards . . . .
ITEM I Give and Bequeath unto my Said
Sonn to him and to ye heires of his body Lawfully
begotten for Ever after ye decease of my said
Deare wife Jane DOYNE my Plantacon Called
Batchellors hope Containing three hundd acres of
Land as alsoe my Three Lotts in Indian Towne
called Chaptico . . . .
ITEM I Give & Bequeath unto my
sonn Ignatius DOYNE Fifty Pound Sterling to be
Laid out in Land with all expedicon &
Convenience according to ye best Judgmt and
Discretion of my Executrix & Trustees
hereafter named & that ye said purchase be to
my Sonn Ignatius DOYNE & ye heires of his
body Lawfully begotten for ever . . . .
ITEM I give & bequeath to my Sonn
Edward Aloysius DOYNE to him & to ye heires
of his body lawfully begotten for ever a tract of
Land being near Chaptico in St. Mary's County
Containing Three hundred & Eighty Acres
Called Beverley's Week I purchased of John Suttle
. . . .
ITEM I Give & bequeath unto my
Daughter Jane DOYNE to her & to ye heires of
her boddy Lawfully begotten for Ever Three Hund'd
and sixteen acres of Land being above ye head of
Piscataway Creek in the Woods in Prince Georges
County w'ch I purchased of Maj. John Wheeler . .
. .
ITEM I Give & bequeath unto my
Grand Daughter Jane MATHEWS to her & to ye
heires of her body Lawfully begotten for ever
Fower hundd acres of Land lyeing at Maryland
point in Charles County w'ch I purchased of Mr.
Gilbert CLARKE . . . .
ITEM I Give & bequeath unto my
Son Jesse DOYNE a negroe man named Tully and his
son William both negroes . . . .
ITEM I Give & bequeath unto my
Son William DOYNE one Negroe man named Robbin
alias Cuta & a negroe named Little Nanny the
Daughter of Black Robbin & Nanny . . . .
ITEM I Give & bequeath unto my
Son Ethelbert DOYNE a negroe man named Angelo
& his wife Nanny . . . .
ITEM I Give & bequeath unto my
Son Joshua DOYNE a negroe boy named Peter a
negroe girle Named Tonny daughter to ye Negroe
Woman Betty . . .
ITEM I Give & Bequeath unto my
daughter & ye heires of her body Lawfully
begotten a Mallatoe boy named Charles . . . .
ITEM I Give & Bequeath unto my
Daughter Jane DOYNE one Mallattoe boy called
Lewis and a Negroe called Mary provided she
marieth a Roman Catholick if she betake herselfe
to ye State of Mattrimony . . . .
ITEM I give & bequeath unto my
Daughter Mary MATHEWS all accompts chargd &
in my Books to her or her Deceased husband Mr.
Ignatius Mathews all ye Year
ITEM I give & bequeath unto my
sons Joshua & Ignatius DOYNE & to my
daughter Jane DOYNE to Every one of them a
Feather bedd & Furniture . . .
ITEM After ye decease of my Deare
& Loveing wife I leave my suite of Church
Stuff to my Son Jesse DOYNE provided he be
dutifull & Respectfull to her my said wife
and after her Decease to ye next Eldest Survivor
. . . .
ITEM I give & Bequeath of my sonn
William DOYNE fifteen hundd pounds of Tobbaccoe a
Cow and Calfe & Two sows...To my son
Ethelbert Two thousand pounds of Tobbaccoe a Cow
a Calfe and Two sowes . . . .
ITEM I give and Bequeath to my son
Ignatius DOYNE a Negroe boy named Edward the
Younger Son of Gibinda & a negroe Girle named
Ellinor.
ITEM I Give & Bequeath to my sonn
Edward Alloysius DOYNE a Negroe boy Called Edward
the son of Black Robbin & Nanny &
Victoria ye Daughter of the said Nanny . . . .
ITEM I Give & bequeath unto my
Grand Son Thomas MATHEWS & in Case of his
Death to his mo'r & her heires a Negroe Girl
called Judith . . . .
ITEM My Debts being paid I Give &
Bequeath unto ye poor Catholiques One Thousand
pounds of Tobbaccoe to be distributed at ye
discretion of my executor.
ITEM I Give and Bequeath to Mr.
William hunter five pound Sterling and to Mr. Richard Hubbard Five
hund'd pounds of Tobbaccoe . . . .
ITEM I give & discharge Mr.
Francis Pennington & Mr. Nicho Genlicke from
fower hundd pounds of Tobbaccoe a price wch they
Stand indebted unto me . . . .
ITEM All the remaining part of my
Estate of wh nature or kind soever whether lands
& tenemts slaves or servants goods &
chattells I give bequeath to my Deare &
Loveing Wife Jane DOYNE . . . .
ITEM My Will is that the Lands &
one halfe of ye personall Estate hereby given
& bequeathed to my Sons aforenamed be
deliverd unto them as they Each doe arrive at ye
age of Eighteen Yeares & ye other halfe
provided their Good Behaviour towards their
Mother-in-Law to ye sattisfaccon of my Trustees
hereafter named at ye Lawfull age of Twenty one
Yeares . . . .
ITEM My Will is that my Daughter Jane
DOYNE have her Lands & personall Estate
Delivered to her at ye age of Sixteen Yeares or
Day of Marriage which shall first happen Provided
she doe not dispose of her selfe to ye State of
marriage without ye consent & approbation of
her mother & to a Roman Catholique otherwise
that my whole Gift of guifts herein Given or
Bequeathed to be at the Discretion of my
Executrix . . . .
ITEM My Will is and I doe hereby
declare it to be my intent & meaning that my
aforesaid Children & every one of them shalbe
mainteyned with good Sufficient Meale Drinke
Washing & lodgeing Requisite & necessary
according to their Severall Degrees &
quallity's and that they be kept and taught
instructed in such Learning as shalbe necessary
and Requisite for them according to their Degrees
and Quallity's as to the discretion of my
Executrix & Trustees hereafter Named shall
seem meet and convenient . . . .
ITEM My will is and I doe hereby
order and Desier That my said Children be
Educated and Instructed In the Roman Catholique
Faith wch I profess and dye in and That they be
Taught educated & nurtured therein and
furnished with all necessary's & conveniences
to Frequent Going to Chappells and Places of
Divine Service . . . .
ITEM It is my will and desiere and I
doe hereby Require of my Executrix and Trustees
hereafter mentond That if any of my children shal
be Inclineable or Desireous to attaine or Learne
any Trade or Calling that may be fitt or
becomeing their Degree that my said Executrix and
Trustees hereafter named will aid & assist
them therein for their best good benefitt as to
my Executrix and Trustees shall seem meet.
ITEM It is my will and meaning That
if it please God any of my Children That I had by
my first wife Barbara DOYNE shall depart this
life before they arrive to their Severall ages of
Receiving their Guifts Bequeaths Legacy's hereby
given and bequeathed to them or without issue of
their body's Lawfully Begotten That the land
hereby given & bequeathed shall Decend unto
the next surviving heire of my said Children and
ye personall Estate belonging to such Deceased
Child shalbe equally Divided amongst the
Survivors of the said Children that I had by my
first wife aforesaid . . . .
ITEM It is my Will and meaning That
if it shall please God any of my children That I
had by my second wife Jane DOYNE shall Depart
this life before they arrive to Their severall
ages of receiving their guifts Bequests and
Legacy's hereby given & bequeated unto them
or Without issue of their bodys Lawfully begotten
that then the Land hereby given and bequeathed
shall descend unto ye next surviving heire of my
said children had by my second wife Jane DOYNE
and the personall estate belonging to such
Deceased Child shalbe Equally divided amongst the
survivors of my Children aforesaid had by my
second wife aforesaid . . . .
ITEM It is my will and Desire and I
doe hereby order That all and every one of my
Children Aforesaid be well & Sufficiently
mainteyned and Kept at schoole and found with all
Necessary's befitting & becomeing their
Degrees by my Executrix hereafter named out of my
Whole Estate untill they come to their Severall
ages herein Expressed to Receive their Lands
& ye One Moyely of their Severall Personall
Estates by me bequeathed with ye Condicons above
mencon'd . . . .
And Lastly I doe hereby Constitute &
Ordeyne & appoint my Deare and Loveing wife
Jane DOYNE my Whole and Sole Executrix of this my
last Will and Testament . . . .
AND I doe hereby nominate Constitute and
appoint my Esteemed & Trusty Friends Clemt
hill Esqr and Luke GARDINER & Mr. Clement
Hill Junior my overseers and Especiall Friends in
Trust Desireing them to See this my last Will and
Testament Duely and Truly Executed &
performed according to ye true Intent and meaning
hereof and hereby order my Said Executrix to give
every one of them a Mourning Ring of Sixteen
Shillings price Each Ring to be bought with all
convenient Speed after my Decease . . . .
In Witness of this my last Will &
Testament conteynd in Three Sheets of paper
Written on one side Each sheet I have hereunto
Sett my hand & affixed my Seale the day &
Yeare first written . . . .
JOSH DOYNE
Seal)
SIGNED SEALED PUBLISHED and At ye bottom of ye
aforesaid Will was annexed this Endorsmt DECLARED
in the p'sence of following
John CLARKE
Cornelius (his mark) Branham
BE IT KNOWNE unto all men by these p'sents
that Whereas I Peter (his mark) Johnson Joshua
DOYNE of St. Marys County in the Province of
Maryland Thos (his mark) Melton Jun Gent have
made & Declared my last Will Testament in
Write ing bearing Date ye Fowerth day of March
anno & domi 1697/8
I the said Joshua DOYNE by this p'sent
Codicill doe confirme & Certify my last Will
& Testamt I have not sufficiently and by
Express Terms secured my Executrix mencond in the
Will & Testament from some Claimes that may
be made by vertue of any Deed of Guift or Guifts
heretofore passed by me Therefore I the said
Joshua DOYNE doe by this P'sent Codicill make
voyd Revoke & annull all and every Deed of
Guift or Guifts whatsoever hereby Willing &
desireing That this p'sent Codicill & my last
Will & Testament Dated as above shall Stand
in full effect as to Every Particular Bequest
Legacy Therein nominated And my will is that this
Codicill or Schedule be and be adjudged to be
part and parcell of my Said last Will and
Testament that this Codicill be of as full &
ample Effect as to my intent herein exp'sed as If
the same were so declared & sett downe in my
last will and Testament In Witness whereof I the
said Joshua DOYNE have hereunto sett my hand
& affixed my Seale the Tenth day of March
Anno Domi 1697/8.*
JOSH DOYNE
(Seale)
Sealed Published & declared in the P'sence
of us . . . . . .
On the back of ye aforesd Deed was thus
Endorsed viz
Frank Gallampion St. Marys County . . .Willm
Hunter By vertue of a Com'wme Directed out of ye
Office of Ye Luke GARDNER Honor Commiss Gent of
ye P'vince to prove the within Will I have this
day proved the same by ye Wittnesses thereunto
Subscribed according to Law as Wittness my hand
& Seale this
Sixteenth day of Aug 1698.
RICHD CLOUDS
(Seal)
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* In the
codicil to a Will, revocation of a
deed is rather exceptional. About this,
Elizabeth Randolph comments:
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- Apparently Joshua DOYNE
made a Deed of Gift of
200 acres of land to his
son Dennis (the son by
his first wife Barbara).
Dennis died (Will proved,
Charles County, 23
February 1697, vol. 6, p
81) and within four
months, Dennis's wife
Jane also died. [Per
Inventory for Dennis, she
died in childbirth, 4
June 1697. (Accts. 18.163
Charles County)]
-
- Since Dennis apparently
left no heirs, Joshua
must have thought it over
and decided to revoke the
Deed of Gift in case the
parents or siblings of
Jane might exercise a
claim to the land.
-
- Anyway, Joshua had not
originally mentioned this
200 acres in his Will; so
he wrote a codicil (10
March 1697/98) revoking
the Deed of Gift and left
any unmentioned land to
his second wife, Jane
MATTHEWS. Apparently no
one contested this and,
40 years later, when
Joshua's widow - Jane -
wrote her Will, she
mentioned this 200 acres
as follows:
-
- "IMPRES
Whereas My late husband
Mr. Joshua DOYNE, late of
St. Mary's County, Gent
Deceased, Did by one
Paragraph of his last
Will & Testament
Invest me with the
remaining part of his
Estate . . . he said
Husband, Did not mention
in his said Will, A
certain Parcell of Land
Containing two hundred
Acres, which he formerly
design'd to Give his Son
Denis DOYNE (in marriage)
And that Justice may take
place, & the Land
Descend as by my Husband
was designed, Then I Give
& Bequeath unto
Joseph DOYNE, the Second
Son of Mr. Jesse DOYNE
Deceased (who was Heir at
Law to Denis DOYNE
aforesaid) . . . ."
|
|
|
20. Mrs.
DOYNES: This, perhaps, was Jane
<MATHEWS?>, the second wife of Capt. Joshua DOYNE.
21. Mr.
Yates: This was Robert
YATES, born about 1656.
22. Clear:
This was Clare
Anne BOARMAN. See above, note
10.
23. Joseph
PILES: This was Joseph PYLE II,
the husband of Elizabeth
BOARMAN.
24. Billy
NEALE: This was William NEALE. See above, note 4. The "Kob" at
which William NEALE resided was Cobb Neck, Charles
County, Maryland.
25. this
Deponent's daughter married Baker BROOKES:
This testimony proves that the father of Mary SIMPSON,
she who married Baker BROOKE (died before 3 March 1756,
St. Mary's County, Maryland, British North America), was
William SIMSON (born in 1698) and that the father
outlived his daughter. Baker BROOKE's marital career is
rather problematic; but most researchers agree that he
was childless. William SIMSON suggests, however, that
Baker BROOKE engendered a pair of offspring outside the
bonds of matrimony and across the distinction between
freedom and slavery.
Some investigators believe that, by marriage to a
person unknown, Baker BROOKE engendered an Elinor BROOKE
who married an unknown THOMAS. But, for this assertion,
the evidence is thin. Baker BROOKE, as is certainly
known, was the son of Richard
BROOKE I and Clare Anne
BOARMAN.
26. Joseph
JAMESON: Joseph JAMESON (1712, Charles
County, Maryland, British North America - January 1781,
Charles County, Maryland [Will signed 26 March 1774 and
proved 6 February 1781, Charles County, Maryland, British
North America]) was the brother of Benjamin JAMESON and was
the husband of Ann UNKNOWN.
27. Gerrard
BOARMAN: This was Ignatius Gerard BOARMAN (9
November 1728, Charles County, Maryland, British North
America - December 1799, Prince George's County,
Maryland), the son of Francis
Ignatius BOARMAN and Anne SLYE. He
was the husband of Susannah SEWALL.
Many of the source-documents to which reference is
made here were published at Butler
Family Data [http://www.freeafricanamericans.com/Butler.htm].
''''''''''''''''''''
APPENDIX
TWO
THE HOUSEHOLD OF
DR. THOMAS MATHEWS, SR.
Because of the extent to which the family MATHEWS is
featured in the history of colonial Maryland, a
conservative account of the household of Dr.
Thomas MATHEWS, Sr. is furnished here. As the account
suggests, further research is necessary:
Thomas MATHEWS, Sr., Dr.
Birth: 1622, England
Death: AFT 29 January 1676/77 [Will
signed] and BEF 11 March 1676/77 [Will proved], St.
Mary's County, Maryland, British North America
First Marriage: BY 1647
Spouse: Hester UNKNOWN (died by 1666)
Child
1: Jane MATHEWS
(ABT 1647, St. Mary's County, Maryland, British North
America - AFT 17 October 1738 and BEF 5 March 1738/39,
St. Mary's County, Maryland, British North America) [F]:
m.< Capt. Joshua DOYNE (1634, County Wexford,
Ireland - AFT 4 March 1697/98 [Will signed] and BEF 16
August 1698 [Will proved]), ABT 1665, St. Mary's County,
Maryland, British North America [?]>
| |
The Will of Jane
<MATHEWS?> DOYNE
| |
|
| |
DOYNE, Jane, St. Mary's County,17th
October, 1738; 5th March., 1738. Testatrix
states that her late husband Joshua
DOYNE, gent., had by his will made her
residuary legatee of his estate; but had
made no mention of 200 acres which he had
formerly designed to give to his son
Dennis. She therefore bequeaths said 200
acres to Joseph and heirs, second son of
Jese DOYNE, deceased, (who was heir at
law to Denis DOYNE, aforesaid), said 200
acres being on Ward's Run, part of tract
of 600 acres bounded by aforesaid husband
of Madam Elizabeth CALVERT and her son
Charles.
To son Joshua, executor, his two
children, Robert and Jane, and any other
children he may have by his wife Anne,
granddaughter Hennerita WHARTON, and Mary
and Jane, daughters to Ethelbert DOYNE,
deceased, sons Ignatius and Edward, and
daughter Jane WHARTON, personalty.
Test: James Boulter, Ann Sprett, James
Thompson. [22. 81]
|
Ethelbert DOYNE certainly appears to have been
the son of Capt. Joshua DOYNE and his second wife
Jane.
By some investigators, it is said that Jane
SANDERS, the daughter of John
SANDERS, Sr. was the second wife of Capt.
Joshua DOYNE. But, since the Will of John SANDERS
makes it clear (1) that he was the father-in-law
of Ethelbert DOYNE (died, according to the Will
of Jesse DOYNE, before 14 December 1726), who
predeceased him and who was the son of Capt.
Joshua DOYNE, and (2) that he was the father of
Jane DOYNE, this seems not to be true.
If, however, Jane MATHEWS was the second wife
of Capt. Joshua DOYNE and if she was the daughter
either of Hester UNKNOWN, the first wife of Dr.
Thomas MATHEWS, Sr., or of Jane COCKSHOOT
(COCKSHUTT), the second wife of Dr. Thomas
MATHEWS, Sr., it follows that, if Ignatius
MATHEWS, the brother or half-brother of Jane
MATHEWS, was married to Mary DOYNE, the daughter
of Capt. Joshua DOYNE and - seemingly - of Jane
MATHEWS, then he was married either to his niece
or to his half-niece. Since, in either case, a
marriage such as this would have occurred between
persons within four degrees of consanguinity, it
would have been forbidden both by the Canon Law
of the Church of Rome and by the civil statutes
of Great Britain in force since the first year of
the reign of Elizabeth I.[See Catholic
Encyclopedia, "Consanguinity
(in Canon Law)" by Richard L. Burtsell].
The investigators of this family-group are
obliged, thus, to deal with a conundrum.
| |
The Will of Jesse DOYNE,
of Charles County, Maryland: Item.-To
be buried at Chapel Point by my dear
wife.
Son, Robert DOYNE, 100 acres of land
containing this plantation whereon I now
live, being a moiety of 200 acres
formerly belonging to my son Joseph
DOYNE, that tract whereon Charles
Mattingly lives, formerly belonging to my
deceased brother, Dennis DOYNE, 200 acres
which I sold to Richard Hutson.
Son, Joseph DOYNE, a tract of 550
acres left to my brother, William DOYNE,
by my (deceased) father, Mr. Joshua
DOYNE.
Son, Robert DOYNE, 1,000 acres of land
which was left by my father, Mr. Joshua
DOYNE, between myself and my deceased
brother, Ethelbert DOYNE, which, not
being divided, I claim, as survivor. I
give said land to my son Robert DOYNE
forever.
Son, Robert DOYNE, my plantation
whereon John Mosas now lives, containing
200 acres.
To Peter Atwood, one horse.
Overseers and Trustees: My friends Mr.
William. Chandler and Mr. Charles
SANDERS, to whom I give one mourning ring
each.
To my two sons, ring each.
My two sons must get consent of my
trustees before making bargains until
they reach 18 years of age.
Item.-Whereas I give each of
my sons, Robert and Joseph, a tract of
land on the Eastern Shore and not then
knowing the names of said land, I now
explain that the 1,000 acres left to
Robert is called "Timnah Sarah"
and the 550 acres left to my son Joseph
DOYNE is called "Rouse" (or
"Ramp").
Executors: My son Robert DOYNE and my
son Joseph DOYNE.
Witnesses: John Chalmers, John
Hinkson, Francis Adams.
Will dated December 14, 1726. Proved
June 26, 1727.
NOTES: By R.T. Semmes.-This testator
was Jesse DOYNE of Joshua DOYNE, died
1698. This testator married Elizabeth,
daughter of Robert BRENT, of Virginia, by
his wife, Anne BOUGH.
|
|
Child 2: Thomas
MATHEWS, Jr. (1648, St. Mary's County, Maryland, British
North America - 1675, <St. Mary's County,
Maryland>, British North America) [M]: m. Sarah
BOARMAN (1656, Boarman's Manor, St.
Mary's County, Maryland, British North America - 1685,
Hall's Place, St. Mary's County, Maryland, British North
America)
| |
Editorial Note:
[Thomas MATHEWS, Jr. died while soldiering on an
expedition to Ft. Susquehannock.] |
Child 3: Mary
MATHEWS (ABT 1662, St. Mary's
County, Maryland, British North America - BY 1651,
St. Mary's or Charles County, Maryland, British North
America) [F]: m. Maj. William BOARMAN, Sr. (22 May1630,
Wiltshire, England - 1709, Bryantown, Charles County,
Maryland, British North America)
Child 4: Ann
MATHEWS (1664, St. Mary's County, Maryland, British North
America - 12 August 1718, Charles County, Maryland,
British North America) [F]: m1. Thomas MUDD (1647, England - BY 11 March
1696/76, Charles County, Maryland, British North America);
m2. (1650, England - 16 June 1718,
Charles County, Maryland, British North America)
Second Marriage:
BY 1668
Spouse: Jane COCKSHOOT (COCKSHUTT) (1632,
England - 1699, Charles County, Maryland, British North
America)
Child 1: Ignatius MATHEWS (ABT 1668 -
AFT 19 February 1697 [Will signed] and BEF 21 July 1698
[Will proved], Charles County, Maryland, British North
America) [M]: m. Mary DOYNE (ABT 1665 - ABT 1755, Charles
County, Maryland, British North America), BEF 1695, St.
Mary's County, Maryland, British North America
| |
Ignatius MATHEWS was certainly
the son of Jane COCKSHOOT (COCKSHUTT):
| |
|
| |
28 October 1721.
Charles County Deposition of John
SANDERS, age ca. 51, taken regarding 170
acres in possession of Philip HOSKINS,
Esq. Deponent
stated he knew of an Ignatius MATHIS who
is said to be the son of Jane CORKSHUTT.
John CAUSEEN was reputed to be the heir
of the above-mentioned land. Ignatius
CAUSEEN married the daughter of this
deponent. [Liber CL, p. 707]
|
Concerning the marriage of Ignatius MATHEWS
and Mary DOYNE, see above, Child 1: Jane MATHEWS.
|
Child 2: Victoria MATHEWS (ABT 1670, St. Mary's County, Maryland,
British North America - BEF 1720, St. Mary's County,
Maryland, British North America) [F]: m. William THOMPSON
(1655, St. Mary's County, Maryland, British North America
- BEF 20 June 1740 [Will proved], St. Mary's County,
Maryland, British North America), 11 April 1681, Charles
County, Maryland, British North America
| |
Mary Louise Donnelly, Charles
County, Maryland: My Colonial Relations Plus
Others, (Self Published: P.O. Box 97, Ennis,
Texas 75120), p. 287:
| |
|
| |
"William THOMPSON ye son of
William and Mary THOMPSON of St. Maryes
County,she being ye daughter of William
BRETTON of ye said county, was Joyned in
ye state of Holy Matrimony with Victoria
MATTHEWS of Charles county ye eleventh
day of April in ye year of 1681." |
William THOMPSON was second married to Eleanor
PATTERSON, 21 September 1723, in St. Mary's
County, Maryland. And, in Charles County,
Maryland, he was third married to Ann COURTNEY
before 3 February 1733/34. Ann COURTNEY had been
first married, in Charles County, Maryland, to
Col. John BAKER who died in 1733. She was third
married to John DOSSEY, in Charles County,
Maryland, on 26 August 1740.
|
Child 3:
William MATHEWS (1674, St. Mary's County, Maryland,
British North America - AFT 15 February 1724/25 and BEF
24 March 1724/25, Charles County, Maryland, British North
America) [M]: m. Jane UNKNOWN (died before 15 February
1724/25)
| |
The Will of William
MATHEWS, dated February 15, 1724/25 was
proved in Charles County on March 24, 1724/25:
| |
|
| |
To son Thomas and heirs 1/2 of
"Mathews Purchase" of 460 acres
and personalty.
To son Joseph and heirs the residue of
" Mathews' Purchase " and
personalty.
To son Lucas and heirs "Second
Addition" and land adjoining, now
occupied by Joseh Chrismond; the dwelling
- plantation and residue of estate real
and personal.
Sons to live with their brother, Lucas,
until day of marriage or 21; should
either son die before marriage his
portion to be divided between the
surviving brothers. |
|
It seems that, by his nuncupative Will, Dr. Thomas
MATHEWS, Sr. left his whole estate to Jane COCKSHOOT
(COCKSHUTT), his second wife, and to his children. His
written Will was more specific:
| |
Maryland
Calendar of Wills, vol. 1:
| |
|
| |
MATHEWS, Thomas,
nuncupative, St. Mary's Co., _____
_______ ; 29 January 1676.
to wife (unnamed) and child. (unnamed),
entire estate, real and personalExecutor
not named
Test: Robert GREENE, William BOARMAN, Jr.
[5.163]
_________________________
MATHEWS, Thomas ,Charles County, 9th
January, 1675; 11th March, 1676.
To wife Jane, executrix, 300 acres
Huckleberry Swamp or Beckley, in Charles
County; 400 acres St. Helen's and
Matthews' Hope at St. Helen's; also
personalty for the use of herself and
testator's children. To son Thomas and
heirs, 700 acres, part of tract on
Mattawoman Branches. To daughter Mary,
wife of Capt. BOREMAN, and heirs, part of
tract aforesaid given to son Thomas, and
255 acres, Hill Freehold at St. Mary's.
Test: Ignatius CAUSSIN, Marke Lankford.
[5. 83]
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''''''''''''''''''''''''''''''''''''''''
The author of this web
page is pleased to commend the researches of Mr. Jerry
L. Clark without whose
efforts much of the information reported here would not
have been possible.
Persons contributing to this web page are not
responsible for the use which its author has made of
their information or points of view. All such errors as
may be found herein are entirely the fault of the author
of this web page.
Also see: Maryland
Genealogy by Jerry L. Clark
RETURN: Descendants of
Robert Clarke the Surveyor (1611 - AFT 14 July 1664 and
BEF 21 July 1664)
GENEALOGICAL NOTES AND
ANECDOTES: TABLE OF CONTENTS
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