St. Clement's Hundred, St. Mary's County, Maryland

	St. Clement's Manor, St. Mary's County, Maryland
Proceedings of the Court Leet and Court Baron, 1659-1672 and Various and Sundry Historical and Genealogical Notes

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Introduction

St. Clement's Hundred (Manor) of the County of St. Maries (St. Mary's County, Maryland) was erected, and Thomas GERRARD commissioned Lord of the Manor, on 16 Mar 1639 (1640):

Cecilius &c To our trusty Thomas Gerrard Gent

Whereas We have thought fit to erect the Isles called St Clements Isle and Heron Isle, and all the Land over against the Said Islands on the North bank of Patowmeck River between the Creek Commonly called the herring Creek on the East and St Catherines Creek on the West and extending Northwards Into the woods five mile any where from the Said Bank into a hundred by the name of St Clements hundred, Now to the end our peace and rights and the good orders of our Province may be the better maintained and Conserved from time to time within the Said hundred We relyeing much upon your Provident and diligent Circumspection doe hereby appoint and authorise you to be the Conservator of our Peace within the Said hundred, as well upon the Land as upon the water adjoyning to it with all powers and authorities belonging to any two Justices of peace in England by the Law or usage of England, authorise ing you and with all charging and requiring you to use all power and means necessary for the preserving of any our rights within the Said hundred either upon the Land or water, and to punish according to your discession with imprisonment or ffine not exceeding 1¹ Tobo [hwt. tobacco] with any Corporal Correction not extending to life or member any offendors against our sd rights and Specially Such as Shall destroy or disturb our game of Hernes upon Herne Island, by unlawfull takeing either of the fowl or Eggs or by Shooting upon or near the Said Island, and to take to your own use, the Guns netts or any other Instruments used by any offendors to the disturbance or destruction of any our game as aforesd and to apprehend and Send to St Maries All unlawfull traders with the Indians and Specially Such as Shall give or Sell to any Indian any arms or ammunition, And to See that the Inhabitants of the Said hundred be provided of necessary and Sufficient arms for their defence upon all occasions, and to doe all other things necessary for the Execution of any the powers hereby Comitted unto you Given at St Maries Wittness Leon
(Archives of Maryland, Proceedings of the Council, Vol. 3:89-90)

John ROBINSON was appointed High Constable the same date and on 9 Nov 1640, ROBINSON was advised that he, William BROUGH and John WORTLEY would be required to take the "Oath of Viewers" (oath of office). (ibid.)

The initial St. Clements patent was for only 1,030 acres, but was resurveyed in 1642 and the acreage increased to 6,000. Following GERRARD'S death in 1673, it was again resurveyed, this time for his son and heir, Justinian GERRARD, by which time it totalled over 11,000 acres.

Thomas GERRARD, Lord of St. Clements Manor and son of John and Isabel GERARD, was baptised 10 Dec 1608 at Winwick Parish, New Hall, Lancashire, England, died 19 Oct 1673 in Westmoreland County, Virginia; married (1) Susannah SNOW, daughter of Justinian, and (2) Rose, widow of John TUCKER. His land holdings numbered in the tens of thousands of acres, and court records show that he closely watched and protected his estate very much in the manner of a "Lord of the Manor."

GERRARD was Catholic, a surgeon and planter, and member of the Governor's Council and Provincial Assembly. In 1660, his involvement in Josiah FENDALL'S "rebellion" resulted in banishment, and although his estates were ultimately returned to him, he spent his final years across the Potomac River in Westmoreland County, Virginia.

Those whose names appear in the fragments of St. Clement's manorial records are only a small percentage of the whole (as is attested to by levies, rent rolls and land records). The only Combs to appear, for example, is in 1672, Abraham COMBS who came to St. Mary's County from Old Rappahannock County, Virginia between 1668 and 1670. Not in these records is Phillip COMBES, whom Thomas GERRARD fired, and then sued, in 1664-1665 (see below), and undoubtedly many others.

The manorial records records for St. Clements, even though only fragments, are the only extant Maryland leet and baron records, and they not only provide genealogical "clues" for researchers, but insight into the cultural history of the times. In his Preface to these records, Archives Editor J. Hall Pleasants adds:

The proceedings of the court leet and court baron of St. Clement's Manor in St. Mary's County are extant in the form of two fragments of the original record. Both portions bear the same watermark and perhaps are remnants of a single record book. The last page is blank and it has the appearance of an outside page of a coverless booklet. The eight folios carry 14 pages of records, representing five court sessions. The earliest of these was in 1659 and the latest in 1672. On the fifth folio are plantation memoranda written in 1685 on a page that the court clerks had left blank. Two entries state amounts owed to negro help and one relates to horse breeding.

The following entries are as originally written excepting having foregone some formatting, and the capitalization of surnames. Mr. Pleasants used italics to indicate source text was in damaged condition, and that has been retained. Because "old style" words, abbreviations and letters were used, a partial list of "correctly spelled" words can be found at the end of this report, whose primary function is to serve as a finding aid for researchers and search engines.

Researchers are also reminded that some words have different meanings today than in the seventeenth century, and of course, some words are no longer in use at all, examples being resiant, which is from old English Law and means "continually dwelling or abiding in a place; resident or a resident," and another essoine meaning excused from attendance (Black's Law). Abraham COMBES was listed as a resiant in 1672, indicating that he owned no land (freehold) in the manor at the time.

Following the manor proceedings are selected extractions from St. Clement Manor rent rolls and other records and notes, including about some of those appearing within these records, as well as some who do not.

Sincerely,

Combs &c. Research Group

Proceedings of the court leet and court baron of
St. Clement's Manor in St. Mary's County, 1659-1672

S^t Clements Manour } ss
A Court Leet & Court Baron of Thomas GERARD Esqr
there held on Thursday the xxvii of October 1659 by Jn^o RYVES gent Steward there

Constable: Richard FOSTER } sworne

Resiants: Arthur DELAHAY: Robte: COOPER: Seth TINSLEY: Willm: at Robte COLES: Jn^o GEE Jn^o GREEN: Beniamin HAMON Jn^o MACCART:

Freehold^rs: Robte SLY gent: Willm: BARTON gent: Robte COLE: Luke GARDINER: Barthollomew PHILLIPS Christopher CARNALL: Jn^o NORMAN: Jn^o GOLDSMITH

Leaseholders: Thomas JACKSON: Rowland MACE: Jn^o SHANKES Richard FOSTER: Samuell HARRIS: John MANSELL: Edward TURNER: Frances SUTTER wid: Jn^o TENNISON:

Jury and Homage Sworne

Jn^o MANSELL	Jn^o TENNISON
Bartholl: PHILLIPS	Jn^o GOLDSMITH
Jn^o SHANKES	Jn^o MACCART

Jn^o GEE	Sam: HARRIS
Edward TURNER	Jn^o NORMAN
Seth TINSLEY	Cofer CARNALL

Ordr agt Sam: HARRIS

Wee the aboue named Jurors doe p^rsent to the Court that wee finde how about the 3d day of octobr 1659 that:

Imprimis wee p^rsent that about the third of October 1659 that Samuell HARRIS broke the peace a stick and that there was bloudshed comitted by Samuell HARRIS on the body of John MANSELL for w^ch hee is fined 40^lb tob w^ch is remitted de gratia Dm Wee doe find that Samuell HARRIS hath a licence from the Gouno^r & wee conceive him not fitt to bee p^rsented

Ordr agt Robt COLE

Item wee p^rsent Robert COLE for marking one of the Lord of the Manno^rs hoggs for w^ch hee is fined 2000^lb Tobco afferred to 1000^lb

Item wee p^rsent Luke GARDYNER for catchinge two wilt hoggs & not restoringe the one half to the Lord of the Manno^r w^ch hee ought to haue done & for his contempt therein is fined 1000^lb Tobco afferred to 200^lb of Tobco

Item wee p^rsent that Clove MACE about Easter last 1659 came to the house of John SHANCKS one of the Lord of the Manno^rs tenants beinge bloudy & said that Robin COOP & his wife were both upon him & the said John SHANCKS desired John GEE to goe w^th him to Clove MACES house & when they the John SHANCKS & John GEE came to the said Cloves his house in the night & knocked att the dore asking how they did what they replyed then the s^d John SHANCKS & John GEE haue forgotten But the s^d John SHANCKS asked her to come to her husband & shee replyed that hee had abused Robin & her and the said John SHANCKS gott her consent to come the next morning & Robin up to bee freinds w^th her husband & as John SHANCKS taketh shee fell downe on her knees to bee freinds w^th her s^d husband but hee would not bee freinds w^th her but the next night following they were freinds and Bartholomew PHILLIPS saith that shee related before him that her husband threatned to beat her & said if hee did shee would cutt his throat or poyson him or make him away & said if ever Jo: HART should come in agayne shee would gett John to bee revenged on him & beate him & hee heard the said William ASITER say th^t shee dranck healths to the Confusion of her husband and said shee would shooe her horse round & hee the said Bartholomew PHILLIPS heard the said Robin say if ever hee left the howse Cloves should never goe w^th a whole face It is ordered that this businesse bee transferred to the next County Co^rt accordinge to Law

Also wee present John MANSELL for entertayning Beniamyn HAMON & Cybill his wife as Inmates It is therefore ordered

S^t Clements Manor } ss
At a Court Leet & Co^rt Baron of Thoms GERARD Esqr there held on thursday the 26th of Aprill 1660 anno by John Ryves gent steward there

Constable Richard FOSTER

Resiants Robert COWP William ROSWELL John GEE John GREENE Benjamyn HAMON

Freeholders: Robert SLY gent Willm BARTON gent Robt COLE Luke GARDINER Christopher CARNALL John NORMAN John GOLDSMITH

Leaseholders Thoms JACKSON Richard FOSTER Samuell HARRIS John MANSFEILD Edward TURNER John SHANCKS Arthur DELAHAY Clove MACE John TENNISON

Jury and Homage

Christopher CARNALL	Richard SMITH
John TENNISON	John NORMAN
John GEE	John LOVE
Edward TURNER	George HARRIS
Beniamyn HAMON	Willm ROSWELL
John GREENE	Walter BARTLETT

Wee the above named Jurors doe p^rsent to the Co^rt Luke GARDINER for not doeinge his Fealty to the Lord of the Manno^r It is ordered therefore that hee is fined 1000^lb of Tobcoe

Wee p^rsent fower Indians Vizt for breakinge into the Lord of the Manno^rs orchard whereof three of them were taken & one ran away & they are fyned 20 arms length of Roneoke

Wee p^rsent also two Indian boyes for being taken w^th hoggs flesh & running away from it & they are fined 40 arms length

Wee p^rsent also a Choptico Indian for entringe into Edward TURNERS house & stealinge a shirt from thence & hee is fined 20 arms length if bee can bee knowne

Wee p^rsent also Wickocomacoe Indians for takeinge away

Christopher CARNELLS Cannowe [canoe] fro his landinge & they are fyned 20 arms length if they bee found

Wee p^rsent also the kinge of Cheptico for killing a wild sow & took her piggs & raysed a stock of them referred to the ho^ble the Gouno^r

Wee conceive that Indians ought not to keepe hoggs for under prtence of them they may destroy all the hoggs belonginge to the Manno^r & therefore they ought to bee warned now to destroy them else to bee fyned att the next Court Referred ho^ble the Gouno^r

Wee reduce Luke GARDINERs fyne to 50^lb of Tobcoe

Wee amce [amerce] the fower Indians to 50 arms length of Roneoke & the Indian that had his gun taken from him to bee restored agayne to the owner thereof

The Indian boyes we amce 40 arms length of Roneoke as they are above amced

Wee amce the Cheptico Indian for stealinge Edward TURNERS shirt to 20 arms length of Roneoke

Wee amce also Wickocomacoe Indians for takeinge away Christopher CARNELLS Cannowe to 20 arms length of Roneoke

(*) Memorand that John MANSFEILD the sonne [ ] MANSFEILD deceased came into this Court [ ] did atturne tent [tenant] to the Lord of this Manno^r

This Indenture made the Twenty sixth day of January 1654 Betweene Thomas GERRARD of the Manno^r of S^t Clements in the province of Mariland Esqr of the one partye and Robert SLYE of Bushwood one Wickacomaca River Marchant one the other party (Witnesseth) that whereas the said Thomas GERRARD hath by pattent beareing date the Eighteenth day of July 1652 under the Province Seale, and hand of Leonard Caluert Esquire deceased the then Gouernour A certayne Tract of land containeing about Six Thousand Ackres, and is Comonly knowne by the name of S^t Clements Manno^r as by the said Pattent may more at Large Appeare And whereas there is an Intermariage Already had made and Consummated (before the date of these presents) betweene the said Robert SLYE, and Susanna The Eldest daughter of the said Thomas GERRARD in Consideration wherof the said Thomas GERRARD both for himself e his heires executors Administrators and Assignes hath freely given granted And Enfeoffed, and doe firmly by these p^rsents give graunt and Enfeoffe unto the said Robert SLYE his heires executors Administrators And Assignes for Ever, All that tract of land Comonly Called and knowne by the name of Bushwood or the White poynt Containeing About one thousand ackres of Land (bee it more or Less) lieing in, and being Tree Marked with nine Notches Standing one the South side of a part of the said Manno^r of St Clements Aforesaid, And is bounded as followeth viz begining at the North side of blunt poynt at a Ceader Litle Marich, and soe Runing North east and by East nearest To a marked tree with nine Notches at the head of a litle branch or Swamp that lieth neare Manotopison Runn, and from the head of that branch or Swamp Easterly to a Beach tree that Standeth upon Manotopison Runn by Bramly path, which beach is alsoe Marked with nine notches, and from thence is bounded with Manotopison Runn unto the head thereof, and from the head of the said Runn, to goc upon a North East and by North line Nearest unto A Marked Packichery tree one

the East Side of a great valley on the high grounds Likewise Marked, And from thence north East and by North unto the Utmost Extent of the said Manno^r, And from the Aforesaid Ceader one the west side bounded by Wighcocomaca River unto the end of the White poynt one both sides thereof, And from the White poynt bounded with Miowaike Creeke unto a Tree Marked as Aforesaid Standing by Bramly path upon Miowaike Runn And from thence to Runn north north East Easterly ouer the High Grounds unto the utmost extent of the Said Manno^r, with all Percosetts Profitts and Hereditaments whatsoeuer in as full and Large Manner as the said Thomas GERRARD Now hath, and Alsoe free Egresse and Regresse Liberty of fishing fouleing Hawkinge hunting, falling and Cutting of Wood or Tymber and Carieing it away from any Place of the Manno^r Either before or After it is wrought, Inclosuers only excepted, and hee the said Robert SLYE his heires Executors Administrators or assignes to dispose of the said Tymber either To building or what other use or uses hee or they shall see or find Most Convenient, And hee the said Robert SLY To haue and to hould and Enjoy by himselfe his heires Executors Administrators or Assignes for Ever the Abovesd Devident of one thousand Ackres of Land bee it more or Lesse with all the Accomodations therunto belonginge in as quiet and Ample manner as the said Thomas GERRARD doth now hould his Land in the said Province The said Thomas GERARD his heires Executors Administrators or Assignes being to Receiue from the said Robert SLYE his heires Executors Administrators or Assignes two barrells of Indian Corne or twenty Shillings in mony Euery yeare Which is to bee paid at the Natiuity of or Lord one the 25 day of december And Alsoe to doe all the duties and services of a free houlder according to the Custom of England or Law of this province, in Testimony wherof I The Said Thomas GERARD haue hearunto Set my hand the day and yeare first Above written Tho: GERARD—seale
Signed sealed and delyuered
in p^rsents of: Susanna GERARD
Tho: WILLIAMSON
Justinian GERARD

A Court Leet of Thomas GERARD Esqr there held on Thursday the eighth day of September 1670 by James GAYLARD gent Steward there

Essoines: Benjamin SALLCY gent James EDMONDS, Rich^d UPGATE Capt Peter LEFEBUR these are essoined by reason they are Sick and cannot attend to do their Suit/

Freeholders: Justinian GERARD gent, Robte SLY gent, Thom NOTLEY gent, Capt Luke GARDINER, Benjamin SALLEY gent, Robert COLE, Barthollomew PHILLIPS, Jn^o BULLOCK, Wm WATTS, James EDMONDS, Richard UPGATE, Symon RIDER, Jn^o TENISON, Rich^d FOSTER, Edward CONNORY, Jn^o SHANKES, Jn^o BLACKISTON/

Leaseholders: Robte COWPER, Capt Peter LEFEBUR, Henry SHADOCK, Rich^d SAUNDERSON, Jn^o HOSKINS, Thomas CATLINE/
Resiants Rich^d MARSH, Joseph FOWLER, Roger DWIGGIN, Thom CASEY, Jn^o SAUNDERS, Henry PORTER, Francis MONDIFORD, Wm SIMPSON, Wm GEORGES, George B[ ]S, Wm WEST, Wm CHESHIRE, Jn^o PALER, Robte FARRER, George KEITH, Joshua LEE, JAMES GREEN, Thom OAKELY, Jn^o TURNER, Maurice MILES, Jn^o DASH, Wm FELSTEAD Jn^o CHAUNTRY:

Jury Sworne

Rich^d FOSTER	Jn^o BLACKISTON
Jn^o TENISON	Jn^o STANLEY
Edward CONNORY	Rich^d SAUNDERSON
Robte COWPER	Jn^o BULLOCK
Thom CATTLINE	Thom OAKELY
Wm WATTS	Jn^o PALER

Bayliff Jn^o SHANKES & sworne Presentmts We p^rsent that Barthollomew PHILLIPS his land was not layd out according to order of Court formerly made wherefore he is fined one hundred pounds of tobacco & caske to the Lord

We prsent John TENISON for suffring his horses to destroy John BLAKISTONS Corne field

We p^rsent that Jn^o STANLY and Henry NEALE killed three marked hogs upon the Lords Manor w^ch Capt GARDINER received hogs were not of Capt GARDINER's proper marke which is transferred to the next Provinciall Court, there to be determined according to the law of the Province/.

We p^rsent That Edward CONNERY killed & caused to be killed five wild Hogs upon the Lord's Manor this was done by the Lords order and License

We p^rsent That the Lord of the Manno^r hath not provided a paire of Stocks, pillory, and Cucking Stoole Ordered that these Instrum^ts of Justice be provided by the next Court by a generall contribution throughout the Manor

We p^rsent That Edward CONNERY's land is not bounded in

We p^rsent That Thomas RIVES hath fallen five or sixe timber trees upon Richard FOSTER's land within this Manor referred till view may be had of RIVES his Lease

We p^rsent That Robert COWPER's land is not bounded according to a former order for which he is fined 100^lb tobco

We p^rsent That Jn^o BLACKISTON hunted Jn^o TENISON's horses out of the s^d BLACKISTON's come-field fence which fence is proved to be insufficient by the oathes of Jn^o HOSKINS and Daniell WHITE

We p^rsent Richard FOSTER to be Constable for this Mano^r for the yeare ensuing who is sworne accordingly

We p^rsent M^r Benjamin SALLY & Jn^o BLACKISTON to be Supervisors of the high waies Jn^o BLACKISTON Sworne accordingly

We p^rsent That Jn^o BULLOCKs land is not bounded

We p^rsent M^r Thomas NOTLY, M^r Justinian GERARD & Capt Luke GARDINER, Freeholders of this Mano^r for not appearing to do their Suit at the Lords Court wherefore they are amerced each man 50^lb of tobacco to the lord

It is Ordered That every mans land wthin this Manno^r whose bounds are uncertein be layd out before the next Co^rt in prsence of the greatest part of this Jury according to their severall Grants under penalty of 100^lb tobco for every one that shall make default

Affeir } Thomas CATLINE }
William WATTS }Sworne

St. Clements Mano^r ss }

A Court Leet & Court Baron of Thomas GERARD Esqr there held on Monday the 28th of October 1672 by JAMES GAYLARD gent Steward there

Essoines

Freeholders

Justinian GERARD, gent GERARD SLY, gent Thomas NOTLEY gent Benjamine SALLY gent Capt Luke GARDINER Robte COLE Bartholomew PHILLIPS Jn^o BULLOCK Wm WATTS JAMES EDMONDS Richard UPGATE Simon RIDER John TENNISON Richard FOSTER Edward CONNORY Jn^o SHANKES Jn^o BLACKISTON Thomas JOURDAINE

Leaseholders

Capt Peter LEFEBUR Henry SHADDOCK Richard SAUNDERSON Jn^o HOSKINS Thomas CATLINE

Resiants

Joseph FOWLER Roger DWIGGIN Henry PORTER Wm SIMPSON William GEORGES Wm WEST Wm CHESHIRE Jn^o PALER Joshua LEE Maurice MILES Jn^o DASH Wm FELSTEAD Richard CHILLMAN Robte SAMSON Henry AWSBURY Jn^o HAMMILTON Wm WILKINSON Abraham COMBES Willm HARRISON Jn^o ROSEWELL Vincent MANSFIELD Edward WILLIAMS Marmaduke SIMSON Nicholas SMITH Humphry WILLEY JAMES TRASKE Derby DOLLOVAN Jn^o UPGATE Thomas RIVES Michaell WILLIAMS Jn^o SPRIGG Charles ROOKES Francis KNOTT Richard HART Willm ROLFE Thomas ATTAWAY JAMES GREEN Jn^o BALL Thomas LIDDIARD Edward BRADBOURNE Jn^o SUTTLE Jn^o LEE Jn^o BAREFOOT Francis WOOD

Jury - Sworn

Wm WATTS	Jn^o BULLOCK
Jn^o TENNISON	Thom OAKLY
Jn^o ROSEWELL	Thom JORDEN
Jn^o STANLY	Jn^o HOSKINS
Richard SAUNDERSON	Jn^o PALER
Francis KNOTT	Vincent MANSFEILD

Edward BRADBOURNE complaineth agt Jn^o TENNISON that he unjustly deteineth from him 200^lb of tobco to the contrary whereof the s^d TENNISON having in this Court taken his oath the s^d BRADBOURNE is Nonsuited

We p^rsent Jn^o DASH for keeping hoggs & cattle upon this Manno^r for w^ch he is fined 1000^lb tobco

We p^rsent Henry POULTER for keeping of hoggs to the annoyance of the lord of the Mano^r Ordered that he remove them within 12 days under paine of 400^lb tobco & cask

We p^rsent the s^d Henry POULTER for keeping a Mare & foale upon this Mano^r to the annoyance of Jn^o STANLY Ordered that he remove the s^d mare & foale wthin 12 daies under paine of 400^lb of tobco & caske

We p^rsent Joshua LEE for injuring Jn^o HOSKINS his hoggs by setting his doggs on them & tearing their eares & other hurts for which he is fined 100^lb of tobco & caske

We p^rsent Humphry WILLY for keeping a tipling house & selling his drink without a License at unlawfull rates for w^ch he is fined according to act of assembly in that case made & provided

We p^rsent Derby DOLLOVAN for committing an Affray and Shedding blood in the house of the s^d Humphry WILLY Ordered that the s^d DOLLOVAN give Suretys for the peace

We p^rsent Wm SIMSON for bringing hoggs into this Mano^r for which he is fined 3lb of tobco And ordered that he remove them in 10 days under paine of 300^lb of tobco & caske

We p^rsent Robte SAMSON & Henry AWSBURY for Selling drinke at unlawfull rates for which they are either of them fined according to act of Assembly

We p^rsent Simon RIDER for keeping an undertenant contrary to the teno^r of his Deed referred till view may be had of the s^d Deed

We p^rsent that Raphaell HAYWOOD hath aliened his Freehold to Simon RIDER upon w^ch alienacon there is a releife due to the lord

We p^rsent an alienacon from JAMES EDMONDS to Thomas OAKELY upon which there is a Releife due to the lord and OAKELY hath Sworne fealty

We p^rsent that upon the death of M^r Robte SLY there is a Releife due to the lord & that M^r GERARD SLY is his next heire who hath Sworne fealty accordingly

We p^rsent an alienacon from Thomas CATLINE to Anne UPGATE

We p^rsent that upon the death of Richard UPGATE there is a Releife due to the lord & Anne UPGATE his relict is next heire

Edited and proofed from the Archives of Maryland, Volume LIII, Proceedings of the court leet and court baron of St. Clement's Manor in St. Mary's County, 1659-1672, J. Hall Pleasants, Editor, Maryland Historical Society, 1936, pp. 627-637

Additional St. Clements Hundred Records and Notes

In March of 1663/4, one Phillip COMBS contracted with Thomas GERARD to serve as his overseer. Phillip was probably already residing in Maryland, mostl likely in Charles County since he had been transported to Maryland by Thomas STONE, s/o Gov. William and Verlinda GRAVES Stone) by 1656. In 1658, he had transported his wife, Elizabeth, and the position of overseer was probably quite a plum. Unfortunately, the arrangement with Thomas GERARD was not a success: On 19 Jul 1665, at St. Mary's County, Maryland Court, Thomas GERARD demanded a writ be issued against Philip COMBES "in an accon uppon his Case to the uallue of 3000 lb tobb [tobacco] July 19th Warrt to sherriffe of St Marys County To arrest &c Ret. 10th Octobr next Prouinciall Court." The demand was accompanied by a forceful indictment:

To the Honble the Gouernor & Councell of the Prouince of Maryland The humble petn of Thomas GERRARD agst Philip COMBES—

Most humbly sheweth
That whereas yor petr formerly (that is to say) in the yeare of Our Lord 1663 in the Month of March did agree and Contract wth the said Philip COMBES to serue yor petr for the yeare then next ensueing as his Ouerseer for and untill the prfecting and finishing of one Cropp of tobaccoe and doeing and prforming of other Seruices and Labours, by vertue whereof the said COMBES into the said seruice Entred dureing which aforesaid time of his seruice he had & receiued of and from yo petr seuerall Goods and merchandizes: and allsoe the said COMBES did otherwise dampnifye yor petr during his said seruice to the uallue of Two thowsand pounds of tobacco, soe that yor Petr was made worse and had damage by the said COMBES the sume and quantity of two thowsand fower hundd and seauenty pounds of tobaccoe and Caske, all which yor petr hath often in freindly manner requested the sd COMBES to pay which he the said COMBES hath heitherto refused to doe and still doth refuse to yor petitionrs damage of three thowsand pounds of tobaccoe and Caske—

May it therefore please yor Honnors to Consider the prmisses and grant yor petitioner Ordr against the said COMBES for his damages aforesaid his Costs—And as in duty bound (Maryland Archives 49:462)

On 18 Oct 1665, the St. Mary's sheriff having apparently failed to serve Phillip, Thomas GERRARD demanded a second writ, this one for Charles County (in addition to St. Mary's), "of one accon, 18th being the same formerly entred agst COMBES being an accon upon his Case to the uallue of 3000 lb tob: warrts to the sherriffe of St Marys and Charles County to Arrest &c Ret. 2d January next Prouinall Court. Copies of the former petn deliuered each sherriffe." (Archives of Maryland, Vol. 49:525)

On 22 Mar 1665/66, Thomas GERARD again demanded a "writt agst Philip COMBES in an accon of the Case to the uallue of Three Thowsand pounds of tobacco—another Warrt issued to the sherr St Marys County to arrest &c Ret: 3d Aprill next" (Archives of Maryland, Vol. 57:10)

The "end of the story" is not yet known, Thomas having failed to appear at the April session. Phillip may have "left town" for a short period since he also claimed transport of him self in 1664, but he seems to have remained in Charles County, or at least until 1670 when "Philip COOMES of St Maryes County in the Province of Maryland plantr" sold "Coomes Purchase" in Charles County to John ALLEN (although it was later somehow partly acquired by Col. Peter SAYER of Talbot County, and much later still by descendants of Richard COOMBS, Sr. of Charles County).

It is not yet known whether Phillip COMBS was related to either or both Abraham COMBS of the manorial records or Enoch COMBS who also apparently lived in St. Mary's during part of the 1600s (see below).

Abraham COMBS of 1672 St. Clements transported himself and daughter Sarah COMBS (who later married Robert CLARKE), between 1668 and 1670 from Old Rappahannock County, Virginia. On 1 Sep 1679 Abraham COMBS of St. Mary's assigned to Clement HILL of St. Mary's, Gent, the right of 100 acres due him for transporting "myself and my daughter Sarah COMBE," as witnessed by Richard and Luke GARDINER. Whether this was simply the right of 100 acres, or if Abraham also deeded specific acreage to HILL is not known. That Abraham was still (or again) residing in St. Clement's Hundred as late as 5 Nov 1681 is presumed from an entry in the Journal of the Upper House of the Assembly of Maryland on that date:

Shortly before his death, Abraham COMBS married Margaret, widow of Thomas BASSEN or BASSET and Edward FISHBECK (she afterward married a fourth time, to John VANRESWICK (aka RESWICK). Abraham wrote his will on 26 December 1684, naming both wife and daughter, witnessed by Clement HILL, Henry PAYNE, Thomas SWALE and Peter MILLS.

Of the others who appear in the above records, several are of interest, including Robert COLE to whom Joseph ALVEY was indentured in 1657, the Alvey-Archdale family having probably been Abraham's relatives (On 28 Mar 1668/9, the tract Knotting, "at a bound tree of Batchellors Rest," in St. Clements Hundred was surveyed for Joseph ALVEY (who was born in Knotting, Bedfordshire, England).

Another name of possible interest to Phillip COMBS research is that of Henry AWSBURY (ASBERRY in Paler vs. Robinson, Archives of Maryland, Vol. 67:378). Henry has not been found in other Maryland records yet, but in 1731 in Westmoreland County, Virginia, one Henry ASBURY and his son, Benjamin, were security, for Katherine, "wife of Phillip COMBS, deceased." A deed signed by Abraham COMBS early in 1683 was witnessed by John ALMOND and a Henry AWBREY [sic], perhaps a mis-transcription?

John FOXHALL, also a resident of St. Clements, later removed to Pope's Creek, Westmoreland County, Virginia, where his land was adjacent to that of the "County Line Combs" of Old Rappahannock and Richmond Counties, Virginia:

July 27th 1665 MD Provincial Court Proceedings. "Then came John FOXHALL and desires that this ensueinge paper may be recorded which he deliuers into the Office thus
This day came John FOXALL of St Marys County and in Clements mannor mercht and entred a Caueat against the Estate of Thomas WYLDE of Calvert County Docter and carurgine [doctor and surgeon] lying and dying at Richard SMYTHS in Leonards Creeke in the said County for Two thowsand pounds of tob: and Caske due from the said WYLDE unto the sd FOXALL (Archives of Maryland, Vol. 49:466)

John FOXHALL was a merchant and may have retained two residences, one each in St. Mary's and Westmoreland, and it is even possible that Abraham COMBS' move to Maryland was precipitated by John FOXHALL

On 13 1678, a few years after the death of his father, Justinian GERARD resurveyed St. Clements Mannor, by which time it consisted of 11,400 "between Wiccocomoco River and Clements Bay." An added note at a later date by the rent taker states (paraphrased) "This Resurvey contains and includes as well the two parcels of land surveyed 2 Nov 1639, abt 950 acres, and surveyed 11 Dec 1641, abt 6000 acres, as also several other parcels which lay in that Neck of land of which Mr. GERRARD bought out their titles." (undated rent roll, ca 1698-1707)

On 27 Mar 1651, the 1500 acre tract Basford Mannour had been surveyed for Tho: GERRARD and described as "on the east side Wiccocomoco river." An added note by the rent taker stated (paraphrased): This land upon resurvey found to be 4,000 acres. GERRARD sold it to Gov. NOTLEY who devised it to Lord Baltimore and Benja. BOZER [ROSER?], 300 acres of which, by the name of Batchelors Hope, His Lordship granted to Joshua DOYNE, now in possession of widow, remainder in his Llp's hand."

Joshua DOYNE died testate 1697-1698, and on 30 Aug 1715, Edward COLE's accounting of the estate of Nicholas POWER included a payment to Joshua DOYNE [Jr.] per "order Mrs. Jane DOYNE due from the decd for schooling his daughter." (St. Mary's Administrative Accounts, 1674-1720, folio. 138) On 6 Nov 1719, the nuncupative will of Thomas CLARK of St. Mary's County (brother of John CLARK, age 30) included a legacy to the "chapel at Mrs. Jean DOYNE'S." (MD Wills, 15:280)

On 1 Jul 1708, the 400 acre tract Notely Hall [sic] was surveyed for Henry WHARTON, "beg: at the mouth of a creek commonly called Bramly Cr & on the north side of said Cr and by the side of Wiccocomoe River." An added note by the rent taker states "Rent at 5% by his Ldps particular order & is part of St. Clements Manor." A deed from Thomas GERRARD to his son Justinian in 1662 further describes the location of this land, which was first divided from St. Clements, then resurveyed to include it again after GERRARD'S death: "Begining at Myawickes Creekes mouth and soe runinge upon the lyne of Mr Roberts SLYES Land or Plantacon called Bushwood unto the utmost extent of the said mannr of the one side, and by the River of Wickocomaco of the other side up to Bramly Creekes mouth and soe up the said Creeke and up the branch thereof to a marked white oake with nine notches which boundeth the Land of Thomas NOTLEY and from the said tree runing upon a direct line North-East unto the utmost Extent if the aforesd mannr into the woods Containing by Estimacon five hundred acres..." (Archives of Maryland, Vol. 49:580)

Postscript: In 1730, a private act was passed by the Provincial Assembly permitting release of entail of land in Prince George's County bequeathed to his daughter Jane DOYNE (by second wife, Jane) "and heirs of her body" by Joshua DOYNE of St. Mary's who died 4 Mar 1697/8. In return, Jane and her husband Henry WHARTON agreed to entail the "Land Called Notley Hall Alias Mannahoick Neck begining at the mouth of Bromley Creek and running up Wicocomoco River for Breadth thence for Length Eastwardly the whole Length of the Tract then as the Eastermost Lyne of the said Tract runs Southwardly to the Land Called Bromly thence with the Lyne or Lynes of the said Bromley to Bromley Creek thence down the said Creek to the begining to Contain three hundred and Sixteen Acres." (Archives of Maryland, Vol. 37:577-9)

On 16 Oct 1710, the 146 acre tract Neighborhood was resurveyed for Henry WHARTON, described as "beginning at a bounded hickory, the 2nd bounder of the said land." On 12 Sep 1712 in a letter from Lord Baltimore, then in England, to Charles CARROLL of Annapolis, Anne Arundel County, his newly-appointed agent, CALVERT wrote: "You are to grant to Henry WHARTON one hundred forty six acres called The Neighbourhood adjoining to Notley Hall in case the same belong to me." (Archives of Maryland, Vol. 73:132)

The above-noted Edward COLE had married Elizabeth SLYE, daughter of Robert and Susannah GERRARD Slye and widow of Luke GARDINER (s/o Luke and Elizabeth HATTON Gardner), and was likely the same Edward who was son to Robert COLE of the manorial records (to whom Joseph ALVEY was indentured). He was also the executor of the 1712 will of Nicholas POWER (aka POOR, POORE), husband of Sarah PYLE, daughter of Capt. Joseph PYLE, whose 1691 will had included bequests to Sarah of the 250 acre tract, Pyle's Discovery ("on the branch of St. Thomas" [Creek]), and 400 acres of St. Barbara's Addition. In 1708, the final accounting of the estate of Capt. PYLE by Anthony NEALE had included disbursements of "1/5 to Nicholas POWER in right of his wife, Sarah, daughter to the decd; two fifths paid to Wm. BOARMAN, Sr. and Luke GARDINER in the right of their wives, Mary and Ann, daughters to the decd... 2/5 to Elizabeth PILE, d/o the deceased and Joseph, s/o the deceased." (St. Mary's Administrative Accounts, p. 138). Nicholas' 1712 will included that his daughter, Mary, was to live with "Mrs. Jean DOYNE."

Capt. PYLE'S will had named no wife, but did name "brothers" Anthony NEALE and Thomas TURNER as co-executors. Anthony NEALE had married Elizabeth JOHNSON, d/o Emma LANGWORTH and her first husband, William JOHNSON; and Thomas TURNER was Emma's son by her second husband, Thomas TURNER (of the manorial records), by whom she also had a daughter, Mary, who apparently married Capt. PILE. Emma's brother James LANGWORTH had married Agnes JOHNSON, presumably related to William (not researched). Emma LANGWORTH married third William ROSWELL, also of the manorial records. The LANGWORTHS are also of interest to COMBS researchers due to the 1630 Oxfordshire, England will of William COMBE, which named his aunt, Chrion LANGWORTH of Devonshire. William was the son of John Margaret ARCHDALE Combe, the latter sister to Alice ARCHDALE Alvey.

Introduction

Proceedings of the court leet and court baron of St. Clement's Manor in St. Mary's County, 1659-1672

Additional St. Clements Hundred Records and Notes

See Also Earliest Combs &c. of Maryland

Proceedings of the court leet and court baron of
St. Clement's Manor in St. Mary's County, 1659-1672