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hereby publish & Declare that the Same Generall Assembly Shall be &
is hereby prorogued from the Said Sixth day of may untill the nine-
teenth day of may which Shall be in the year of our Lord God 1674

(fol. 100) whereof as well our Cap.' Generall of our Said province of Mary-
land as our member of our upper house of Assembly as also all the
Deputys and Delegates of our Lower house of Assembly, and all
other the Inhab.'^ of our S.'^ province of maryland whom it may
concern are to take notice and to order their affairs accordingly And
we do hereby order and. Command our Respective Sheriffs of our
Severall Counties within our Said province that they upon Sight of
this our Proclamation Doe Imediately publish and proclaim the Same
p. 86 & Give the respective Deputys and Delegates of their Countys par-

(fol. 109) ticular notice of our will and pleasure herein. Given at our City of
S.' marys under the Great Scale of our Said province of maryland
the tenth day of Aprill in the 41."' year of our Dominion over o'



Chancery Court Proceedings, 1673. 99

Said province Annocp Domini 1673 Wittness our Dear Son Charles Liber CD
Calvert Esqp our Cap.* Generall and Chief Governo/ of our s.**
province of maryland

I m Caecilius &c To the Sheriff of Calvert County Greeting

Whereas there is a Judgm.* obtained ag.* John Harris Adm/ of
Thomas Sunde''by deced in our prov.*^ Court at the Suit of Ambrose
Biggs for the Sunie of 1750.' of tob : with Costs of Suit, and for that
the S.'' John Harris Adm/ of the S.*^ Sunderby is Departing the Coun-
try and Carrying the S.^ Sunderby's Estate with him & hath not as yet
Satisfied the S.** Judgem.* We do therefore Command you that you
take the s.** John Harris if found in your Bailywick and him Safely
keep till he Enter into Recognizance in our Said Court of Chancery
w.*** Sufficient Suretys not to Depart our S.** province till he have
fully Satisfied the Said Judgem.' and how you Shall Execute this
writt that you make known to us without delay in our S.'^ Court of
Chancery Wittness &c Dated the 29.*'' of April 1673

Csecilius &c To Mary Bateman, Richard Perry, John Gittings
Thomas Trueman, Mary his wife & Thomas Gaunt & Every &
either of you Greeting We Command you that all Excusses Set
apart & all Busieness Ceasing you & either & Every of you be &
personally appear before us in our high Court of Chancery the Six &
Twentieth day of this Instant June at our maxmo/ house of
Zachiah in Charles County to Answer to Such things as Shall be
objected against you by Henry Scarborough of London in the
Kingdom of England merchant Comp." in a Case of Equity depend-
ing before the Justices of our Said Court ag.* you and others
defend.'^ That our S.'^ Justices hearing the Cause may do therein
as according to Justice the Laws of this province ought to be done,
and that you take out a Copy or Copys of the S.'* Comp.'*^ Bill So
that you may have then and there ready your Joynt and Several!
Answers in Writeing to the s** Bill that So there may be no further
delay in the p''misses, and this you may in no wise Omitt under the
pain of one hundred pounds Sterl apiece Wittness &c.^ the 2.'^ of
June in the 41.* year of o'' Dominion over our Said province Annocp
Domini 1673 Langhorne & Morecroft "p Quer

Sp.^ Margaret Perry Sp.'' Versus Phillip Savalia, John flouer
Harman Williams Dennis Humber, Jacob Young, Richard Whittin
& Edmond Cantwell to Testify inter her & Thomas Howell & at
defendants ret Imediate Teste 3.*^ Junii 1673

Sp.^ Henry Beedle & Sophia his wife p.'*^ versus Geo : Wells def.* (fol. no)
Sp.^ John Dunch to Test for them in Chancery ret Imediately



100 Chancery Court Proceedings, 1673.

Liber C D Sp.^ Henry Beedle & Sophia his wife p.'*^ versus George Wells
defend.' Sp.^ Richard Evens & Mathias Stevenson to Testify for
them in Chan."^ ret Imediately dated 24.*'' June 1673.

Csecilius &c To all persons to whom these presents Shall Come
Greeting in our Lord God Everlasting Know ye that we Reposeing
Speciall Confidence & trust in the honesty fidelity Circumspection
and providence of Luke Gardner of the County of S.' marys in our
Said province Gent have Constituted Ordained and appointed and
do by these presents Constitute Ordain and appoint you the Said
p-87 Luke Gardner to be Sheriff of our Said County of S.* maries
^ °-"°-' and to have receive and Enjoy Such Lawfull priviledges & benefits
as any other Sheriff within this province of maryland now hath
or Ever Lawfully had, To have and to hold the Said office or Em-
ploym.* to you the Said Luke Gardner for one whole year to be
Completed from the day of the date hereof and after till another
Sheriff shall be by us appointed & Constituted you having first taken
your oath and given Bond to our Cap.' Gen." of our Said province
according to Law Given at our City of S.' maries under the Lesser
Scale of our S."^ province of maryland the first day of may 1673.

The like Comiss."

To John Allen for Charles County
To Christopher Rousby for Calvert County
To Henry Stockett for Ann Arundell County
To Thomas Carleton for Baltemore County
To William Coleborne for Sommerset County
To Robert Dunne for Kent County
To Thomas Taylor for Dorset County
To Stephen Tully of Talbot County

Csecilius &c To the Sheriff of S.' marys County Greeting fforas-
much as Alexander D'hyniossa Adm.'' of the Goods and Chattells
of Alexander D'hinyossa his father deced who was in his life time
Indebted unto Thomas Hawkins of this province in Severall great
Sumes of Tob.° and money Sterling, and hath Gotten into his hands
the Estate of his father and is now departing this province without
makeing any paym.' or Giveing to the Said Hawkins any Satis-
faction therefore, These are therefore to require and Command you
that you take the Body of the Said Alexander D'hyniossa & him
Safely keep till he Enter into Recognizance with Sureties in our
Court of Chancery not to depart this province till he have given
Satisfacton to the Said Hawkins for his Said debt herein you are
not to faile at your peril Wittness & dated 28."' June 1673.

I : M : -p Quer



Chancery Court Proceedings, 1673. loi

To his Excellency Charles Calvert Cap' Gen." and Chief Gov- Liber CD
ernour of Maryland. (fol.ni)

The Humble petition of Thomas Hatton of Tewkesbury in the
Co.*^ of Glocester in the Kingdom of England Brother & heir of
Jn° Hatton formerly of London and late of this province merchant
deceased
Sheweth

That Whereas your Petition."'® Brother dyed in this province of
Maryland in the year 1663 and at the time of his Death w^as Seized
of divers Tracts of Land by him in his life time purchased of
Severall persons Inhabitants in this province vi^ho had obtained
patents for the Same according to the Conditions of plantation
Granted to them by the Right Hon.'''* the Lord proprietary of this
Province to witt Six hundred acres of Oliver Spry Sen.'' in Baltemore
County Called Spry Hill, Three hundred and fifty of Godfrey
Harmo"" Called mount Harmour four hundred acres of James Rigby
Called Parsimmon Point in Rumley Creek and also one parcell of
Land in Chester River called vi'hiteclifts bought of William Hemsley
Containing three hundred acres one hund.'' acres bought of one
Thomas Bennet, and yo.'' pet.'' liveing Remote in England did Employ
& empower Severall persons by Letters of attorney to Seek to
acquire & Enter upon the Same for yo.'' pet.*''^ use w."^** all of them
either by Ignorance or Carelessness haveing omitted there is divers
and Sundry years Rent behind in arrears which are due for the Said p. 88
Lands to the Right Hon.'''* the Lord Proprietary, all which your (fol-m)
petition.*'' is Ready and willing to Satisfie and Secure in Such man-
ner as your bono.'' shall appoint, he humbly prays your Excellency
to accept thereof, that So your pet.'' may be in a Capacity to Enter
upon and Enjoy the Said Lands being his Just Inheritance

And Whereas by virtue of a writt of mandamus issueing out of
the high Court of Chancery the 15."" of aprill 1671 directed to
Thomas Howell and James ffrisby Gent' to Inquire by the Oaths of
Twelve men &c what Lands the Said John Hatton dyed Seized.
Seized of in Baltemore County w.*"^ Jury not haveing full & true
Evidence found an untrue & Erroneous Office to the damage of the
Right Hon.'''* the Lord Proprietary in his Just Rents and your
petitioner in his Inheritance

Yo.*" Petition.'' humbly prays yo.'' Excellency to direct &
ord.' that a Writt of melius Inquirendum may be issued
out of the Chan.'^ for the more Certain and better Inquiry
thereof to be made that his Lordship may be ascertained his
Just Rents and yo"' pet."' his Inheritance. And yo."' pet."'
Shall pray &c

Underneath the aforegoing petition was thus written (viz') Or- (fol. 112)
dered upon this petition that the pet.'' make up accounts with Robert



102 Chancery Court Proceedings, 1673.

Liber CD Ridgely at the office for what Shall be due for arrears of Rent
w.'^'' Said Ridgely is hereby Ordered to make diligent Search for
what Shall be due & their to receive the Same or take Caution for
it from the pet/ and further Ordered that a melius Inquirendum
issue according to the prayer of the petition Given under my hand
this i^}^ of July 1673 Charles Calvert

Caecilius &c To Thomas Howell James fifrisby and William
Dunkerton of our County of Baltemore Gent' Greeting Whereas
by a Certain Inquisition before Thomas Howell & James ffrisby Gent'
of our County of Baltemore by our Command taken and in o'' Chan.*^
returned It appeareth that John Hatton deceased had divers lands &
Tenements in our S.'' Co.'^ of Baltemore & of them at the time of
his Death dyed Seized and who is his next heir the Juro." know not
Notwithstanding Thomas Hatton of Tewkesbury in the Count}^ of
Glocester in the Kingdom of England a brother & next heir of the S.^
John Hatton and of the age of one and Twenty years & upwards
and that the S.** John Hatton held at the time of his death Six
hundred acres of Land Commonly known by the name of Hatton's
Island and by Common Report three hundred acres of Land in
Rumley Creek on the East Side of the Creek that he purchased the
S.** Six hundred acres of Godfrey Harmo/ and as for y^ yearly
valuation the S.*' Juro." know not being never Seated but always
Rough land and because it is not Specified in the Said Inquisition,
who is the next heir of the Said John Hatton, nor of what value
the lands & Tenem.** are and what Estate the s.** John Hatton dyed
Seized of nor by what Right he held the Same, and also because we
are Given to understand that the Said John Hatton held more &
other Lands in our S.'' County of Baltemore at the time of his
Death than are Specified in the said Inquisition We being Willing
of the truth of the premisses to be better Certifyed have assigned you
or any two of you to Inquire by the Oaths of Twelve Good and
LawfuU men of our Said County of Baltemore what more or other
Lands & Tenem.** the s.** John Hatton held in our Said County of
Baltemore & at the time of his Death of whom the Said Lands and
Tenem.** are holden and by what Rent & Services and how much
p. 89 they are of value by the year and who hath Occupyed or doth occupy
(fol. 113) ^j^g g^jjj Lands and Tenem.'^ Since the time of the Death of the
Said John Hatton, and who hath received or doth Receive the
issues any profits thereof and by what Title & who is his next heir,
Therefore We Command you or any two of you that at a Certain
day & place by you to be appointed by the oaths of Twelve Good and
Lawfull men of our Said County of Baltemore you make Inquisi-
tion of the premisses and how and in what manner you Shall Execute
this our precept, and the Inquisition by you made distinctly & openly
to us in our Chancery under your hands & Scales and the hands and
Scales of them by whom the Inquisition Shall be made without



Chancery Court Proceedings, 1673. 103

delay you Send and this Writt for we have commanded our Sheriff Liber C D
of Baltemore County that at Such day and place as you Shall make
known unto him he Cause to Come before you Twelve Good and
Lawfull men of his Bailywick to be ready upon their oaths to Recog-
nize upon the premissses, Wittness our Self at our City of S.* maries
the 12. "■ day of August in the 42.** Year &c Annoqp Dom 1673

Cascilius &c To the Sheriff of Bal' County Greeting We Command
you Summon Twelve Good & Lawfull men of your Bailywick that
they be before our Trusty & Well beloved, Thomas Howell, James
ffrisby and William Dunkerton Gent or any two of them at the
Certain day & place that they the S.*^ Thomas Howell, James ffrisby
& W.™ Dunkerton or any two of them Shall make known unto you,
ready upon their Oaths to Recognize what Lands and Tenements John
Hatton deced held at the time of his Death in our S."^ County of
Baltemore and of whom the Same are holden & by what Rents &
Services & of how much value they are by the year and who doth
occupy or hath Occupyed the S.*^ Lands & Tenem.*^ Since the day of
the Death of the S.** John Hatton and who hath Received & doth
receive the profits thereof and by what Title and who is next heir ;
and that you Imbreviate their names and have you there the names
of those Twelve & this writt Wittness our Self &c 12.* August 1673.

Caecilius &c To Samuell Hatton & Godfrey Harmour Greeting
for Certain Causes proposed before us in our Chancery we Command
& firmly injoyn you and Each of you that all busieness Set a part
and all Excuses Ceasing you be in your proper persons before our
Trusty and well beloved Thomas Howell James ffrisby and W.™
Dunkerton Gent or any two of them at Such day and place as by
them Shall be made known unto you to Testify the truth in a matter
depending before them and by them then & there to be Examined on
the part of Thomas Hatton and this in no wise you are to Omitt under
the pain of one hundred pounds Sterling apiece and have you there
this writt, Wittness our Self at our City of S.* marys the twelfth
day of August 1673.

Caecilius &c To the Sheriff of S.' maries County Greeting Whereas (fol. 114)
John Wahob hath come before us in our Court of Chan/'' and hath
found Suficient Security as well his Clamo/ to psecute as for his
Servant George Mills w/"^ Abell James took & unjustly detains (as
it is Said) to be Returned if the Return of him be adjudged there-
fore we Charge & Command you that the Servant afores."^ to the
Said John Wahob Replevyed to be & delivered you Cause & put by
Surety & Safe pledge the afores.** Abell James that he be before o''
Justices of our provinciall Court on the first day of the Said Court
to be held at the City or S.* maries the Eleventh day of November



I04 Chancery Court Proceedings, 1673.

Liber C D, next to answ/ the af ."^ John Wahob of a plea of taking and unjustly
p. 90 detaining of his Servant afores.*^ and how this our Writt Shall be
(fol. 114) Executed to our Justices at the S/ next Court at the S.'^ City of S.*
maries to be held you make known under the pain Incumbent and
also then & there make return of this writt Wittness &c dated the
Eigth day of September in y^ 42.*'' year of o'' Dominion over o"^ Said
province Annocp Dom 1673

KC Charles &c To the Sheriff of Charles County Greeting

Whereas Peter Sayer hath Come before us in our Court of Chan-
cery and hath found Sufficient Security as well his Clamour to prose-
cute as for one horse Called Roane being the proper horse of him
the said Peter w.'^'* John Allen took &c dated 8."" may ret 11.*
June 1678 *

KC Peter Sayer Replevin ad vie Com Charles ag.' John Saun-

ders for one horse Called Cooper, marked on the near Buttock &
one horse Called Aahy dated 8.*'' may ret 11.*'' June 1678

KC Peter Sayer Replevin ad vie Com Charles ag.' John Cole

for one horse Called Twiggs dated 8.'^ may ret 11.* June 1678

RC Thomas Taylor Escp Replevin ad vie Com Baltemore ag'

William Ball for Six Cows two Steers, one Bull two heyfers dated
lo'*" may ret 11.* June 1678.

IB Thomas Bland Replevin ad vie Com AA ag.* Edward

Dorsey for one Servant Called Joseph ffletcher dat 20. "^ June ret 8}^
Octob/ 1678

IB Thomas Harris Replevin ad vie Com Dor ag.' Thomas

Pattison for one Servant Called Rowland Morgan dat 29.^ July
ret 8.*'> Oct. 1678

RC Kenelm Mackloughlin Replevin ad vie Com Cha ag*

Thomas Russell for one Sloop Called the John and Ann with the
Tackle furniture boat and Oares the Same belonging dat 7.* Aug.'
ret 8.''' Oct. - 1678

IB Phillip Pacock Replevin ad vie Com Cal Ag.' Thomas

Smith for one Chest one Suit of Cloaths Eleven Ells and a half of
ozonbergs fourteen Ells three quarters fine Hambrough Cloth ten Ells
and a half of Holland twenty Seven yards blew Linnon nine Caster
hatts, one piece of ffilliting Eight pair of Stockings four Ounces of

* [The dates of the above replevin entries all read 1678. Whether these year
dates are correct and are later inserts, or are clerical errors for 1673, has not been
determined.]



Chancery Court Proceedings, 1673. 105

fine thread, one pound of Nutmegs three thousand pins one Coasting Liber C D
Coat one doz." of Stock locks one pair of Shoes, one Rundlett with
Brandy and one match Coat dat 16.*" August ret 8.* Octob/ 1678.

An Inquisition Indented taken at the Court house for Baltemore (fol. iis)
County the Six and Twentieth day of August in the 42*^ year of the
Dominion of the Right Hon>'^ CaeciHus absolute Lord Proprietary
of the provinces of Maryland and Avalon Lord Baron of Baltemore
&c and in the year of our Lord God 1673 before Thomas Howell
& William Dunkerton of the Same County Gent By virtue of a
Commission of melius Inquirendum To Thomas Howell James
fifrisby and William Dunkerton or two of them directed, And to this
Inquisition annexed to Enquire after the Death of John Hatton
deceased by the oaths of Gideon Gundry Benjamin Gundry, William
Pierce, John Cock, John Ryland Phillip Hollerger, Richard Leake,
Nicholas Allum Henry Eldsely Hendick ffreeman, Neales Vrinson,
James Heborne who Say that the Said John Hatton was Seized in
his Demeane as of fifee on the day that he dyed of and in one parcell
of Land Cont.*^ three hundred acres Called Hermons Mount & by
him purchased of one Gothfred Hermon w.'^'' was held of the Lord
prop."^ as of his manno/ of Baltemore in free and Common Soccage
by fifealty only for all Services yeilding and paying therefore yearly p. 91
unto the Said Lord proprietary and his heirs the yearly Rent of Six
Shillings Sterling. And more that the Said John Hatton dyed Seized
of in his Demeane as of fifee of Six hundred acres of Land Called
Spry Hill and by him purchased of one Oliver Spry which was held
of the Said Lord proprietary as of his manno/ of Baltemore in free
& Common Soccage by fifealty only for all Services Yeilding and pay-
ing therefore yearly unto the Said Lord proprietary and his heirs
the yearly Rent of Twelve Shillings Sterling and moreover that the
S.'^ John Hatton dyed Seized of in his Demeane as of fifee of four
hundred acres of Land Called Persimmon point and by him pur-
chased of one James Rigbie w."^*" was held of the S.** Lord prop."^
of his manno."" of Baltemore in free and Common Soccage by fealty
only for all Services Yeilding &c paying therefore yearly unto the
Said Lord prop/^ and his heirs the yearly Rent of Eight Shillings
Sterling and that the Said Jn° Hatton in the Said Inquisition named
dyed the third day of may one thousand Six hundred Sixty three,
and That Thomas Hatton of Tewkesbury in the County of Glocester
in the kingdom of England Brother to the S."^ John Hatton is his
next heir. And that the s"* John Hatton at the time of his Death had
not nor was Seized of any other Land, and Tenem.'^ in the S."^
County of Baltemore to the best of the Knowledge of the Said
Jurors. In Wittness whereof to one p.' of this Inquisition in the
hands of the Said Com.''^ Remaining as well the Said Thomas Howell
and William Dunkerton Com." as the s'' Juro"^^ their hands & Seals
have put, But to the other p.' thereof in the hands of the S.*^ Juro."



io6 Chancery Court Proceedings, 1673.

Liber C D Remaining the S.** Tho.^ Howell & Will.'" Dunkerton Com." their
hands and Seals have put the day and year aboves.''
Thomas Howell

Seale

W.*" Dunkerton

Seale

Gideon Gundrey seale the mark R L of

Benj.^ Gundry seale Richard Leake seale

W.*" Pierce seale the mark of D

John Cock seale Neles Vrinson seale

the mark of P H Nicho.^ Allison seale

Phill Hollegor seale Henry Eldesly seale

the mark I R of Henrick flfreeman Elderly, .seale
John Ryland seale Ja : Heborne seale

(fol. 116) Thomas Warner a writt of Replevin for a Red Cow Directed to
the Sheriff of Calvert Co.'>' versus John Gittings ret the ii.*'' of
November next dated the 24.*^ of October 1673

Sp.^ Thomas Gaunt of Calvert County to Answer unto Henry
Scarborough of London merchant ret the 1 1."" November next

Sp.* Jeremy Eaton and mary his wife Adm." of Thomas Ingram
deced to Answ.'' unto Jonathan Sybry ret the 10.'^ of ffebruary next
Dated the 17.* day of November 1673.

Caecilius &c To Henry Adams & Thomas mathews of Charles
County Gent Greeting We Command you that by the oath of twelve
Good & Law full men of your Said County by whom the truth of the
matter may the better be known & Inquired of, That you diligently
inquire what Lands or Tenem.*^ John Hitchinson late of our Said
County of Charles County dyed Seized of in his Demeasne as of
ffee at the time of his Death and of what manno'' holden and by what
Services & how much those Lands & Tenem.'^ are of value by the
year in all issues and at what time the S*^ John Hitchinson dyed &
who is his next heir and of what age the Said heir is and who those
Lands and Tenem.'^ from the time of the Death of the Said Hitchin-
p. 92 son hath or doth Occupy and the issues & profits thereof hath or doth
(fol. 116) Receive & by what Title and how and in what manner. And the
Inquisition thereof distinctly and openly made to us in o.'' Chancery
under your hands and Seals and the hands and Seals of them by
whom it Shall be made without delay you Send and this our Writt
Wittness &c the 25.*'' of November 1673

Sp.* John Blomfield to appear in Chancery the tenth of ffeb next
to hear Judgm.' Int him and ffrancis Stockett Complainant Dated
the 26.*^ of November 1673



Chancery Court Proceedings, 1673. 107

Spa John Wright to appear in Chancery the tenth of ffeb : next to Liber C D
hear Judgem.' int him & Jonathan Hopkinson Comp." dated the Six
and Twentieth of November 1673 :

Sp.^ Richard Hill of Annarundell Co.''' to appear Imediately to Test (fol. 117)
for Toby Wells ag.' John Wright defend.* dated 26.*'' November
1673

A Writt Diem Clausit Extr for the Estate of Hopkin Davis late
of Talbot County deced Directed to Jonathan Sybry and William
Coursey Dated the ii."* of December 1673.

Sci fac

Caecilius &c To the Sheriff of Talbot County Greeting Whereas
We did by our Letters patents under our Great Scale of our Prov-
ince of Maryland bearing date y.* Twentieth day of Jan."^ in the
36.*'' year of our Dominion over our Said province Annoqp Dom
1667 for the Considerations therein named Grant unto John Ed-
mondson of Talbot County in our Said province of maryland mer-
chant a parcell of Land Called Richardsons fifolly, Lying in Talbot
County on the South Side of Choptanck River above the Second
Turning of the Riv.'' Cont.* & then Laid out for one thousand acres
more or Less as by our Said Grant Remaining upon Record Relation
being thereunto had more fully & more at Large it doth and may
appear. Now for that We have been Informed that the Said Land
had been before that time Surveyed for another person who never
made Good Rights for the Same whereby the Said Land became
Elapsed unto us and So was not free for any person to take up
according to our Conditions of plantation by virtue of any Common
Warrant. So that the S*^ Grant of ours to the Said John Edmondson
was unduly and Surreptitiously obtained We do therefore Command
you that by Good and Lawfull men of your Bailywick you make
known & Give Warning to the Said John Edmondson or any other
psoo that is in possession of the S.^ Land or any p.' thereof that he
& they be before us in our Court of Chancery the tenth day of ffeb.''''



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