Hobbs History in Maryland
1660 Jan
Hobbs v. Gottley
John Hobs the same day last above mentioned demands an Attachment agt the goods debts or Chatties of John Gottley als Dowle wch are in the hands of Thomas Gerrard to the vallue of 13l lawfull money of England to answere his suite in an action of .... to the
like vallue.
Ref: Proceedings of the Provincial Court, 1658-1662
1718 Sep 1
224 MARYLAND COURT OF APPEALS
the City of Annapolis the first day of September in the third year of our Dominion etc. Annoque Domini 1718
Th Bordley Vach Denton Regr in Canr
PRINCE GEORGE'S COUNTY ss The Deposition of Thomas Addison Esqr aged about thirty Seven years being Sworne upon the Holy evangelist
Deposeth That he was Surveyor of Prince George's County about the year 1696 and that he was Sent for by Mr Robert Brooke to execute a Warrant of Resurvey that was Issued out of the Provincial Court of this Province to Resurvey a Tract of land called Amptill Grange that they r[a]n the lines of that Tract and Essington, that the lines then took some of one Robert Andersons Improvements and Buildings into Amptill Grange that Some Small time after there was another Resurvey of the said lands; and that the Deponent
came the night before the Resurvey was to be made to Mr Robt Tylers in ordr to be near the place; that Mr Tyler as soon as he came there told the Deponent
that Robert Anderson had been down in Calvert County and had got on [sic]Robert Hobbs who he Said was at the first Survey of Edlington [sic] and that Hobbs had been out in the Woods with himself and others and given them Such proof to the last tree of Edlington [sic] and the first of Amptill Grange that he believed was Sufficient to convince every one that Mr Brooke had
been always in the Wrong as to the bounds of his land telling him the Deponent, Severall Circumstances of Said Hobbs remembrance of the grounds and place of the Trees standing which he the Deponent Very much Won-
dered at considering that it was So long then Since the land was first Surveyed on which Mr Tyler told him the Deponent if he had not been with them and See that they took care not to lead but follow the said Hobbs to
the place he coud never have thought the place coud have been So fresh in his memory that this Deponent was after this Communication with Tyler the next day with the Jury Sherriff and Severall others on the resurvey of the said land that he then heard Hobbs give his evidence in Words to this purpose which was that he was [351] with Mr Charles Boteler the Surveyor
when he first laid out Eslington that when they had run the Courses and distances thereof which brought them to this place Says he where we now are Mr Boteler Sat down to put up his Instruments and ordered me tu go
down to River and see how farr it was which I did and because I would not be pusseled to find my way back I carried a hatchett and Marked Some trees as I went and when I came near the River, it was to a Bank where there was Some Ivy and out of one of the Bushes their grew a Dogwood which I leaned over or agt to See which way the River bore and before I went back I marked
a Hiccory which Stood near the Dog wood and Ivy when the Deponent Hobbs had done delivering his Evidence in this manner he went down to the River and Shew'd So many of the Jury and others as would gooe with him amongst which the Deponent was one all these things that he had mention'd in his Deposition and also Declared on his oath that Mr Botteler asked him at his returne which way the River bore the Deponent Hobbs
told him to the Westward or right had on which the said Mr Boteler told him it was well enough for then the given line wou'd Soon Strike the River and bid him the said Hobbs bound that tree which he did which Hobbs Swore was either that very tree at which he was then Sworne or Stood within ten or fifteen yards of that place This evidence of Hobbs and all its Circum-
stances So convinced the Jury and all then present that they there began Immediatly and laid out Mr Roger Brooke's land called Amptill Grange and Mr Brooke then agreed the Suit he had commenced agt Anderson and to the best of my remembrance paid Some or all of the said Andersons Cost of said Suit and further the Deponent Saith not Tho Addison In obedience to a Commission out of the high Court of Chancery Di-
rected to Thomas Clegatt Docf Patrick Hepburn James Stoddert and James Haddock or any two or three of us as Commissioners to Examine Evidences in a Certain Cause Depending in the Said Court between Thomas Wells
Comp" and Charles Carroll Esqr Deft wee have this day Examined the Honble Colo Thomas Addison [352] on his Corporall oath by us duely administred touching his knowledge in Relation to the Cause afd who Declared the above deposition to be the Sume and Substance of wt accur'd [sic]to his memory touching the Same. In testimony whereof wee have hereunto Sett our hands and Seals the 15th day of September 1718.
James Stoddert [S]
Ja: Haddock [S]
Interrogatharyes Put by the Defendn to the Honble Coll. Thomas Addison in the Cause Depending in the high Court of Chancery between Thomas Wells Comp" and Charles Carroll Esqr Defendant
ist. Whether Hobs was sworne by Virtue of any Commission out of Chancery in perpetuam rei Memoriam.
2d Whether the then Propry of Enfield Chase ware by at that time and if they weare whether they Cross interrogated Hobbs.
3d How far from the River did the tree Stand whereat Hobbs pretended Evidence referrs to.
4th How Come Essington to be extended abl 300 pces from the place where Hobbs swore to, to a place in patuxent at the Distance afd
5th Whether by the Evidence of Hobbs, there are not diverse Courses more especially one of about 300 perches more then pa" of Amptill Grange expresses, added to it as a Consequence of the sd Hobbs evidence
ist Answer. Hobbs was then Sworne and Emained [sic] By a Jury that was Commanded By a precept of the Provincial Court to Resurvey the land called Amptill Grange. But whether he was ever examined by a Commis-
sion out of Chancery or no I know not.
2d Answer Enfield Chace was not the thing then in dispute, nor doe I remember any person being there that Said any thing of it at that time, the then dispute was in the Provincial Court Between Mr Roger Brooke the owner of Amptill Grange and one Anderson that lived on a part of the Tract called Essington.
3d Answer I do not Remember that ever I measured the Distance Between the tree that Hobbs Swore to and the River but to the best of my memory and Judgment it is about two hundred yards from the said tree to the Banke Where Hobbs Swore he marked the Hickory which I took to be just above the River.
4th Answer I do not Justly remember the reason for running the lines [353] of Essington past the tree That Hobbs Swore to till it Struck the River: But do believe it was done before Hobbs proved the Tree Because that when he had been Sworn every one Seemed to be fully convinced and all the lands Depending on that tree was Esteemed to be Governed by it on his oath, and so continued to do while I was acquainted in the place which was Severall years
5th Answer Some time aft Hobbs had made proof to the said Tree (But how long I cannot remember) Mr Roger Brooke procured a Warrant from his Lordships land office to Resurvey Amptill Grange which I did as Sur-
veyor \Vcc began at the tree that Hobbs proved and So ran the Course and Distance I think of the first and second lines. The third I think was extended further then the Pattent expressed to Reach Patuxent River And
then to the best of my remembrance we ran the Severall Meanders of the River till we came to the place were Essingtons last line had been Run to the River and So back to the first Tree, which Hobbs had proved, this I believe we did because Amptill Grange was Said to bend with the River September the 19th 1718 Tho Addison
The above are the Severall answers to the foregoing Interrogatorys made by the Honrble Coto Thos Addisson upon his Corporall oath by us duly administred to him Given under our hands and Seals
James Stoddert [Seale]
Ja Haddock [Seale]
In obedience to a Commission out of his Lordships high Court of Chancery bearing date the first day of September Anno Dom 1718 directed to Thos Clagott Dr Patrick Hepburne James Stoddert and James Haddock
or any two or three of them to examine evidences in a certain cause depending on the sd Court, between Thos Wells Junr Complainant and Charles Carroll Esqr defendant, we have this day examined Robert Tylor Gent and John Pottenger planter, on their Corporall oaths by us Duly administred, touching their knowledge in relation to the cause aforesaid who declared the
following Depositions hereunto annexed to be the Sume and Substance of what accrued to their memories touching the same in testimony where of we
have [354] here unto Set our hands and Seals this twentyth day of September Anno Dom 1718
Tho Clagett [Seale]
Patrick Hepburn [Seale]
Ja Haddock [Seale]
PRINCE GEORGES Co ss The Deposition of Robert Taylor aged forty Seven years on twelfth day next The Deponent Declares on oath That above twenty five years agoe he applyed himself to one Rofr Anderson to show him the bounds of a Tract of land called Essington the said Anderson replyed he coud shew all the bounded trees of the said Tract; the Deponent asked the
said Anderson if they were all alive and Standing the said Anderson answered yes except the last bounded tree and that was either dead or a dying for there was an Eagle built in it which had caused it to dye as he believed but the said Anderson went wth the Deponent to the above Said Trees and Shewed him a bounded tree Standing on the North Side of a Deep branch that runs into Patuxent river it being then Standing and a fair bounded tree and some part of the Nest as the said Anderson had told the Deponent up in the Tree and in the Stump upon which the said Tree then Stood there
is now a plumb tree growing in the room of a pear tree which was ordered by a Jury of resurvey to be planted in the Sd Stump which was brought by Mr Robert Anderson agt Mr Roger Brook the Deponent asked the said Anderson how he came by this knowledge of the Tree he answered Truman Beall Shewed it him and told him that was the last bounded tree of Essington
in a Short time after there happened a Dispute between the said Anderson and the Deponent about a parcell of land which the Deponent then took up near the last bounded tree of Essington about nineteen or twenty years agoe the said Anderson desired the Deponent to give on [sic] Robert Hobbs of Calvert County his oath touching his knowledge of the last bounded tree of
Essington which the Deponent did and the above sd Hobbs Declared that he was with Charles Boteler at the first laying out of the abovest Tract of land and Carried the chain and See all the trees bounded but could Swear to none but the first and the last and then he knew by the remarkable places they Stood in and the sd Hobbs went to the above said white oak and laid his hand on it and Declared on oath that he [355] bounded the abovesaid Tree for the last bounded Tree of Essington on one within ten foot or ten yards of the
Same place he knowing it by a glayd and Some trees he had Marked by it to know it again and Some Marked trees which the sd Hobbs had taken Notice of one by the River Side. To witt a Dogwood at the Root of which grew out an Ivy bush that he leaned agt when Charles Boteler Sent him to see how farr the River was off when he returned he told the Said Boteler he had Seen
the River and that it was not farr off the said Boteler asked the said Hobbs which way the River run he told him to the right hand vipon which the said
Boteler ordered the said Hobbs to bound the above said Tree which accordingly the said Hobbs did whilst the said Boteler made up his Instruments and the Deponent asked the said Hobbs upon his oath how came Charles
Boteler to bind up the last tree So farr from the River Seeing the Certificate Sd the tree Stood by the River the Said Hobbs answered he asked Charles
Buttler the Same question and the Said Buttler Answered it was no matter but bid him bind that tree for he knew by the banks and the Soon hitt the River and the Dep" Asked the Said Hobbs if the Said Buttler did not Come up the next day or in a fore days after and bounded another tree nearer the river the Said Hobbs answered no for the Said Buttler made up his Instruments at the tree and went to his boat and went home and Come no more a Surveying in those parts that year and the Depo further Declares if he heard the Said Hobbs renew the Said Words upon his Oath before a Jury when Mr Thomas Addison was a Surveyor and Mr Thos Greenfield Senr Sheriff and this Dep" further Says that abl twenty years ago he Saw that bounded white
oak or one Very near it Sworn to by Mr Clement Hill and Abraham Clark wch was bounded by order of the Jury upon Andersons resurvey to prove the beginning tree of amptill grange for Mr Roger Brooke at the Same time
the Depo Asked Robt Anderson whether there was any other tree bounded nearer the River for the last tree of Essington that he knew of [356] besides the tree Sworn to by Hobbs and he answerd no Except abounded white oak that Collo Beall bounded for the Said Anderson when he laid him out a percell of land out of the Said Essington upon the bank Side near Larkin's wading place and the Depo further Declares that Col. Beall Swore to the Same Jury that Charles Bottler abovesaid told him the Said Beall the Same Tree
Sworn to by Hobbs was the last tree of Essington and at the Same time George Burgess of Ann Arundell County Swore the Same as Collo Beall had done to the Same Jury tho he had been Shewn the Same Tree for the last
three of Essington.
Robert Tyler
Intorogatories put by the Deft to Robert Tyler Gent in the Cause Depending in the high Court of Chancery between Thomas Wells Complt and Charles Carroll Esqr Defendant.
1st Whether Hobbs was sworn by any Commission out of Chancery.
2d Whether the then propretors of Enfield Chace where by at that time and if they were whether they Cross questioned Hobbs.
3d how far from the River did the tree Stand wch Hobbs pretended to prove.
4. How Came Assington to be Extended aboutc juu pciches from the place where Hobbs Swore to, to a place in patuxent at the distance aforesaid.
5th whether by the Evidence of Hobbs there are not Diverse Courses more Especially one of abl 300 perches more then the patent of Amptill Grange Expresses as a Consequence of the Said Hobbs his Evidence.
1st Answer he Cant tell but he believes it was by a warrent of resurvey out of the provinciall Court.
2d He Cant tell.
3d He believes from the tree to the pacoson [sic] may be about forty perches but into the River above Sixty leaving the Course of the patent.
4CU he asked the Same Question of Robt Hobbs who answerd that Bottler the Surveyor told the Said Hobbs he beleived the Course Mentioned in the Certificate would Soon Strike the river.
5th He Knows nothing of it not being present at the first Survey of Amptill Grange otherwise then what he heard at the Resurvey.
Robt Tyler
[357] Prince Georges County
September the 2Oth 1718
The above are the Severall Answers to the foregoing Interogatories by Rob( Tyler Gent, upon his Corporall oath by us duely administred to him Given under our hands and Seals.
Thomas Clagett [S]
Patrick Hepburn [S]
James Haddock [S]
PRINCE GEORGES COUNTY ss John Pottinger Senr of the Said County planter aged fifty Eight years or there abouts being Sworn upon the Holy Evangelists that in the time of Mr Thomas Greenfield Senr being Sheriff of
the Said County he was Summoned upon a Jury for Resurveying a Tract of Land Called Amptill Grange to a Certain the bounds of the Said Land and one Thoa Hobbs of Calvert County being brought to prove the Same upon
oath Ca[rr]ied unto the Stump of a fallen Tree where the plumb Tree now Stands and Swore that he was with Charles Buttler then Surveyor of the County when he ordered him to bound a white oak then Standing where that Stump was for the last bounded tree of Essington and the first bounded tree of Amptill Grange and Said Hobbs being asked how the Said tree Cou'd be Said to be by the River Side at the distance he Said that at Said Buttlers desire he went down to the river and Marked the trees in his way and at his return told the Said Buttler that the river was but a little way of and Said Buttler ordered him to bind the Said White oak as above for the given line wou'd Soon Strike the river and at the Same time Coil. Beall Swore to the
Same Jury that Sometime before Buttler the Surveyor had told him the Said Beall that the Said White oak was the first bounded tree of Amptill Grange and further this depo Saith not. John B Pottenger
MARYLAND ss. Charles Absolute Lord and Propry of the Provinces of Maryland and Avalon Lord Baron of Baltemore etc. To Majr Josiah Willson Capt Thos Clegatt and Doctr Patrick Hepburn of Prince George's County Gent Greeting know ye that we have appointed you or any two of you our Coin's to examine Evidences touching the Bounds of a tract of land lying in your County called Amptill Grange two of you are therefore by vertue of this our Commission Authorized and Impowered at Such time and place as to you [358] or any two of you Shall Seem meet to call and cause to come before you or any two of you all Such evidences as Shall be to you or any two of you Nominated and produced by Thomas Wells Junr of the aforesaid County
Gent and that you or any two of you Examine them and every of them on their Corporall oaths to be by you or any two of you Administred on the Holy Evangelist touching their Knowledge and remembrance in the prem-
isses and that you or any two of you Send the Substance of their Severall Depositions in Writing Closed under hands and Seales together with this
our Commission to us in our high Court of Chancery wth all Convenient Speed there to be recorded in perpetuam rei memoriam Wittness our Trusty and well beloved John Hart Esqr Capt Genrtt and Governour in Chief of our Province of Maryland and Territorys thereunto belonging at the City of Annapolis the third day of Janry in the second year of our Dominion in and over the said Province etc. Anno Dom 1716
Tho Bordley Jno Beard Regr
PRINCE GEORGE'S COUNTY ss Robert Tyler of the sd County Gentleman ag'd about forty five years being Sworn upon the Holy Evangelist Sayth That about twenty five years agoe he applyed himself to one Robert Anderson to shew him the bounds of a Tract of land call'd Essington who replyed he could Shew all the bounded Trees of the said Tract which were all alive
and Standing except the last and that was either dead or dying by an Eagles building in it which he believed had made it dye but the said Anderson went with the Deponent to the said Tree and Shewed him a bounded tree Standing on the North Side of a Deep branch Running into Patuxent River it being then Standing and [a] fair bounded tree with Some part of a Nest upon
it as the Said Anderson had told the Deponent and in the Stump upon wch the Said Tree then Stood there is now a Plumb three growing in the room of a Pear Tree ordered to be planted in the Said Stump by a Jury of Resurvey brought by Said Anderson against Mr Roger Brooke and the Depo asking Said Anderson how he Came by his Knowledge of the Said Tree he answer'd Ninian Beall had Shew'd it him and told him twas the last bounded tree of Essington but in Some time after there Happening a Dispute between the Said Anderson and the Depo about a percell of Land the Depo had taken then (aboute Nineteen or twenty years ago) near the last bounded tree of Eslington the Said [359] Anderson desir'd the Depo to Swear one Robt Hobbs of Calvert County touching the last bounded Tree of Essington who
Declar'd upon his oath that he was with Charles Boteler then Surveyor at the first laying out of Essington and carrying the Chain Saw all the trees
bounded but Could Swear to none except the first and Last of them wcn he Knew by the remarkable places they Stood in and the Said Hobbs went to the Said Bounded tree wch was a white oak and laid his hand on it and declar'd upon his oath that he bounded the Said tree for the last bounded tree of Essington or one within ten foot or ten yards of the Same place which he knew by a Glayd and Some Trees he had markd to know it by again and likewise Some mark'd Trees wch the Said Hobbs had taken Notice of by the River Side (to witt) a Doggwood at the root of wcn grew out an Ivy bush that he leaned again when Charles Boteler Sent him to See how far the River was off and at his return he told the Said Boteler that he had Seen the River wch
was not far off and Botteler Asking him wcn way the River runs Hobbs told him to the Right hand upon wch the Said Boteler ordered the Said Hobbs to bind the afd Tree wch he the Said Hobbs did while the Said Boteler made up his Instruments the Depo asking Hobbs upon his oath why Charles Boteler bounded the last tree So farr from the river Seeing the Certificate Said the Tree Stood by the River Hobbs Answered that he ask'd Charles Boteler the Same Question and Boteler Answered him twas no Matter but bid him bind that Tree for he knew by the banks and the length of the line they had come down that the Same Course wou'd Soon hitt the River and the Depo Asking Hobbs if Said Boteler did not come again the next day or some few days after and bounded another tree nearer the River Hobbs answered no for the sd Botoler made up his Instruments at the sd tree and went to his boat and
went home and come no more a Surveying in these parts that year and the deponent further Declares that he heard the said Hobbs afterwards renew the Same Words upon his oath before a Jury when Mr Thos Addison was
Surveyr and Mr ThoB Greenfield Senr Sherr. [360] and this Deponent further Sayth That about twenty years agoe the bounded white oak or one very near it Sworne to by Mr Clement hill and Abraham Clerk which was bounded by ordr of the Jury upon Anderson's resurvey to prove the begining tree of Amptill Grange for Mr Roger Brooke and at the Same time this Deponent asked Robert Anderson whether there was any other tree or not bounded nearer the River for the last tree of Essington that he kew of and he answered no except a bounded white oak to Coll Beall bounded for the Said
Anderson when he laid him out a parcell of land out of the said Essington upon the Bank Side near Larkin's Weading place and further Saith not Sworne before us
Thos Clagett: Patrick Hepburn
March 5th 1716
PRINCE GEORGES COUNTY ss. Roger Brooke of the Said County Gent aged about forty four years being Sworn upon the Holy Evangelists Saith that he was possess'd of a Tract of Land Called Amptill Grange and dispos'd
of his Right to one John Boyd by a Speciall Warrantee but before the Depo Sold the Said Land he went to one Robt Anderson to Enquire if he could Shew him the bounds of the Said Amptill Grange who told the Depo that he could Shew him the first tree wch was a white oak but a fair bounded tree wch an Eagle had built in and he believ'd had kill'd the tree and Anderson
Shew'd the Dep" the Said Tree wch Did Stand in the Same place where the plumb tree now Stands the Depo Asking Anderson how he knew the tree to be the first Amptill Grange he answered that Coll. Beall told him Charles Boteler who was then Surveyor and took up the Said Land) Saw that was the tree but afterwards there arising a Dispute between the Deponent and Said
Anderson abl the bounds of Said Amptill Grange the Depo brought an Ejectment against the Said Anderson and a Jury was ordered to Assert the bounds wch Jury wou'd not allow the Said White oak to be the first tree of Amptill Grange wth out better proof because the Said tree Stood not Close on the River Side So the Jury — and — Sheriff made return to the Provinciall
Court that the Said Anderson was a trespasser ——— in the Said Amptill Grange and the Deponent Expected to have A Judgment upon the Said Return but before the Provinciall Court the Said Anderson heard of one Robert
Hobbs who Could prove the aforesaid white oak where the plumb tree now [361] Stands and petitioned the Judgments might be Delay'd and that he might have a Jury to Examine Evidences wch was granted and the Second Jury was brought before when the Said Hobbs did Swear that he was with Charles Boteler at the taking up of Essington who ordered him to bound the Said
White oak for the last tree of Essington and Swore he then bounded that Very tree or another wth in ten yards of it for the last bounded Tree of Essing-
ton and Shew'd the Jury Such other Slip'd and Notched Trees which the Said Hobbs did swear he Slip'd and mark'd at the taking up the Said Land that the Jury thought it Sufficient proof for the bounds of the Said Amptill Grange and further this Depo that he did endeavour to put by the Hobbs's oath by offering that it was above twenty year[s] before and the Place then
not Seated and ask'd how Hobbs cou'd now find the Said white oak who answer'd that he cou'd not be mistaken and going down to the bank of the River with Some of the Jury and Severall others Shew'd them the tree he
lean'd against upon the bank Side to See the River wch Some of them that went to See the place told me was a Doggwood and an Ivy bush grew out of the root of it and Likewise that a Hiccory Stood Just by wch he notch'd when Mr Boteler Sent him to the River to See how the River bore and Severall Slip'd Trees wch he Slip'd at that time either going to or Returning from
the River woh he Saw to the Right hand and further the Dep" Saith not. Sworn before us.
Thomas Clagatt.
Patrick Hepburn
March 5th 1716
PRINCE GEORGES COUNTY ss. Hugh Riley of the Said County Planter aged about Sixty four years being Sworn upon the Holy Evangelists Saith that about twenty years ago being Summoned upon a Jury of Resurvey by Robt Anderson to Assert for Mr Roger Brooke the bounds of Amptill Grange the Said Robert Anderson brought one Robert Hobbs out of Calvert County who was with Charles Boteler the Surveyor at the first Survey of Amptill Grange the Said Robt Hobbs did Swear before the Jury that he bounded that white oak which he then brought us of the Jury) by the order [362] of Charles Boteler for the last bounded tree of Essington and the begining Tree of Amptill Grange but the tree being down at the time we of the Jury Saw not the Notches and the Tree being burnt and roting we ordered that
a pear tree Should be planted in the Stump of it and the Plumb tree that is now standing growing is in the Stump of the Same tree that the said Hobbs Swore to before us of the Jury and the Deponent further Saith That about twenty years agoe he saw the bounded White Oak Sworne to by Mr Clement Hill and Abraham Clark which was bounded by order of the Jury upon Andersons resurvey to prove the begining tree of Amptill Grange for Mr Roger Brooke and further the Deponent Saith not Sworne before us
Tho Clagatt
Patrick Hepburn
March 5th 1716
PRINCE GEORGE'S Co: ss: John Pottinger Senr planter aged about fifty Six years being Sworne upon the holy Evangelists Saith That in the time of Mr Thos Greenfield Senr's being Sher of the said County the Deponent was Summoned upon a Jury for Resurveying a Tract of land called Amptill Grange to ascertain the bounds of the said Land and one Thos Hobbs of Calvert County being brought to prove the same upon his oath carried them to the Stump of a fallen tree where the Plumb tree now Stands And Swore that he was with Charles Boteler then Surveyr of the County when he
order'd him to bound a White Oak then standing over that Stump for the last bounded tree of Essington and the first bounded tree of Amptill Grange and Said Hobbs being ask'd how the Said Tree cou'd be Said to be by the River Side at that Distance he Answer'd that at the said Botelers desire he went down to the River and mark'd the trees in his way and at his return
told the st Boteler that the River was but a little way off and Said Boteler order'd him to bind the said White oak as above for the Given line wou'd Soon Strick the river and furthe the Deponent Saith not. Sworne before us
Tho Claggett
Patrick Hepburn
PRINCE GEO: Co: ss: — March 9th 1716 — The Honrble Thos Addison of the said County being Sworne upon the Holy Evangelists Deposeth that he being Surveyor of the Said County about the year 1696 Was Sent for
by Mr Roger Brooke to execute a Warrant of Resurvey that had been issued out of the Provincial Court of this Province to resurvey a Tract of land called Amptill Grange and having run the lines of said Tract and Essington the lines them took Some of one Andersons Improvements and buildings into Amptill Grange that Some Small time after There was [363] another Resurvey on the said Lands and the Deponent Came the night before the resurvey was to be made to Mr Robt Tylers in ordr to be near the place that as
Soon's he came there Sd Tyler told the Deponent That Robert Anderson had been down in Calvt County and had found one Robert Hobbs who Said he was at the first Survey of Essington and that Said Hobbs had been out in
the Woods with himself and others and had given them Such proofe to the last tree of Essington and the first of Amptill Grange that he believ'd was sufficient to convince every one that Mr Brooke had been always in the Wrong as to the bounds of his land telling the Deponent Severall circumstances of sd Hobb's remembrance of the grounds and place of the trees Standing wch the Deponent Very much Wondering at because 'twas So long Since the land was first Surveyed upon Which Mr Taylor told the Deponent that if he had not been with them and Seen that they took care not to lead but follow the said Hobbs to the place he cou'd never have thought the place cou'd have been So fresh in his memory That the Deponent was after
this Communication wth Mr Tyler the next Day with the Jury and Sherriff and Severall others on the Resurvey of the said land that he then heard Sd Hobbs give his evidence in Words to this purpose that he was wth Mr Charles Boteler the Surveyor when he first laid out Essington that when they had run the Courses and distances thereof they came to this place Said he where
we now are and Mr Boteler Sitting down to put up his Instruments Sent me down to the River to See how farr 'twas off which I did and because I wou'd not be puzled to find my way back I carried a Hatchett and markt Some trees as I went and when I came near the River 'twas a Bank where there was Some Ivy and out of one of the Said Ivy bushes grew a Doggwood which I lean'd over or against to See which way the River Bore and before I went back I markt a Hiccory which stood near the Doggwood and Ivy and when the sd Hobbs had done delivering his evidence in this manner he went down to the River and Shew'd as many of the Jury and others as wou'd goe with him (of whom the Deponent was one) all these things that he had mention'd in his Deposition and also [364] Declared upon his oath That Mr Boteler asking him of his return which way the River borne Hobbs told him to the West ward or right hand on which sd Boteler told him 'twas well Enow for then the Given line would Soon Strike the River and bid Said Hobbs bound that tree which he did and Sd Hobbs Swore 'twas either that very tree at which he was then Sworne or Stood within ten or fifteen yards of that place This evidence of Hobbs with all it's Circumstances So convinc'd the Jury and all then present that they there began Immediatly and laid out Mr Roger Brook's land called Amptill Grange and Mr Brooke then agreed the Suit which he had Commenced agt Anderson and to the best of the Deponents remembrance paid Some or all of the Sd Anderson's Cost of Said Suit and further the Deponent Saith not. Sworn before us.
Tho Clagett
Patrick Hepburn
By Vertue of a Commission out of his Lordships high Court of Chancery bearing date the third day of Janry Anno Domini 1716 Directed to Majr Josiah Willson Capt Thos Claggett and Docf Patrick Hepburne of Prince
George's County Gentlemen or any two of them to examine all Such evidences as to them Shall be nominated by Thos Wells Junr of the aforesaid County touching the bounds of a Tract of land lying in the Same County called Amptill Grange In Obedience to which Commission the sd Capt Thos Claggett and Docf Patrick Hepburn did call before them on the 5th and gth
days of March Anno Dom 1716 Mr Robt Tyler and Mr Roger Brooke Gent and Hugh Riley and John Pottinger Planters and the Honrble Colo Thos Addisson being all of the aforesaid County evidences to them nominated by the sd Thos Wells Junr and examined them Severally on their Corporall oaths upon the Holy Evangelists of Almighty God touching their knowledge and remembrance of the bounds of the sd land which Depositions are here-
unto annexed as the same were taken before us at the bounded tree Sworn to before them except Coto Addissons who cou'd not come to the tree by reason of Sickness. The truth whereof we hereby certifye under our hands and Seales the thirteenth day of March Anno Dom 1716
Tho Clagett [Seal]
Patrick Hepburn [Seale]
1690 Aug 15
The Condition of which Recognizance is Such that if the aforeSd John: Kemp be of the good behaviour and
abearance to all their Maties Liege people of this province dureing this Courts pleasure, and also shall make his personall appearance at our next County Court to be holden the Second tuesday in November, there to answer to Such matters and things as shall be objected agt him on their Maties behalfs, that then this Recognizance to be void and of none effect Otherwayes to be and remain in full power force & vertue.
- - - - - - - - - - - - - - - - - - -
Jno: Hayes The sd Hayes complaining in person that whereas he the sd Hayes had made a bargain Contra. with ye sd Thomas: Hobbs that the sd Hobbs his wife was to perfect Some Cures upon him the Thomas: Hobbs sd Hayes. which he the sd Hayes complaineth and Saith they have not performed & therefore - - - - - - - - - - - - requests the Courts Consideration . C The sd Tho: Hobbs appearing produced this following writing which was Ordered to be read as followeth viz Articles of Agreement made this fifteenth day of August Anno Domini 1690. Between John: Hayes of the One party and Thomas Hobbs of the other party, wittness. That the sd John: Hayes doth Covenant and agree to and with the said Thomas Hobbs for the said Hobbs his wife to use her best skill and endeavour to Cure,fast the Said John: Hayes head of an old inveterate Scald of long standing, Secondly to use her best Skill to Cure One old ulser on his left legg also the Cure the Kings evil in his right legg if possible she can being both leggs in a very bad Condition, also troubled with a very foul body, which the sd Hobbs wife is not to neglect. but to take present Care to to do her best endeavour to make aperfect Cure if possible she can. for and in Consideration whereof the sd John Hayes, doth Covenant and bind himself to & with the sd Thomas: Hobbs to Serve him or his Assigns the full and
just Tearm and time of five years, diligently and faithfully in any lawfull employment the sd Hobbs or his Assigns shall employ him according to his capacity, And the sd Thomas: Hobbs is to find the sd John: Hayes with meat drink lodging and apparel. Sufficient for one in his Condicon, and for the true performance of all the above written Agreement wee
both parties aforesd have interchangeably Sett our hands and Seals the day and year above written
Signed Sealed and dilivered in the presence of us the mark of the marke of John: Z Hayes. ? Sealed Richard: X Peeckes.
Joy: Hobbs. - - -
The abovesd Complainant having made Nothing appearant. this Court Orders him to Continue with the sd Hobbs. ---
1691 Sep 8
( 165 ) 7 ber 30 th 1691
- - - - - - - - - - - -
Joseph: Ward Basterd Sonn of Sarah: Ward late Servant to Capt. John: King was this day brought into Court
and being made appearant to the Court that the sd Sarah in her life time gave the sd Joseph her Sonn, to William Knox. and this Court Confirms the sd Joseph to the sd Knox till he be one & twenty years of age. the sd Joseph being two years old tomorrow (viz) the first day of October Ano.Dom. 1691. And the sd Wm: Knox in Court assumes to give the sd Joseph a yearling Heifer when he attains to ye age of Seaventeen years. - - - - - - - - - -
Stephen: Page by Recognizance bound to appear at ye next Court as also his wife Son Thomas and Daughter Susan: the said Page this day according to his bond appeared in Court. And the sd Court Ordered that the sd Stephen Should give New Security for the abovesd appearances at the next County Court to be held
the Second tuesday in November, to answer unto what should be Objected agt them on their Maties behalf (of)
Thomas. Oxford. George Russell & Walter Read. - - - - -- - - -The sd Page came wth his two Securities viz mr. Peter: Dent and Dr. John: Vigerous, but before the Clerk could enter Bonds of Recognizance the said Stephen Page absented himself, not being Comitted into the Sheriffs Custody. - - - - - - - - - - -
Mary: Davies per Petion To the Worll. Justices of Somerset County now in Court Sitting - - - - - - - - -
Contra. The humble Petion of Mary Davis Widdow humbly sheweth, that by (the)Joy: Hobbs: - - - - - - - Delusion of Thomas Hobbs and his wife did bind her Child by name. George - - - - - - - - - - - - - - - Davis, unto their Sonn Joy: Hobbs, but yr Petioner not being Capable of Indenture Drawing, your Petioner Craved that they might be read that your Petioner might hear them for her Satisfaction but it would not be granted, but Since your Petioner, hath had them read they are not according to agreement, and
furthermore the people doth say that I have ruined my Child by putting him to them, therefore your Petioner humbly Craves your worps would be pleased for to take it into your Serious Consideration, and grant her Child again unto her, and your poore petioner in duty shall ever pray. //
Then was this following Indenture Read viz
This Indenture Made the 8th. day of September 1691. Wittness that I Mary Davis, Widdow of y County of Somerset of the Province of Maryland have placed and put forth my Sonn George:Davis unto Joy:Hobbs him
his Heirs, Execcutors Administraters for until he be at the full age of One & twenty years from the day & dated hereof to serve him in any Lawfull Service he shall imploy him, dureing which tearm the sd Joy Hobbs, doth Covenant to find unto the (abovesd)
George Davis his Apprentise, Sufficient meat drink and apparrel washing & Lodging Sufficient for him, and at the twe(lvth)year of his age the said Joy: Hobbs is to give the sd. George One Cow Calfe and all the female increase, and if the said Calf should fail, then he to give him another CowCalf, and to doe by him as his owne, to give him Learning & to use his best endeavour to teach him the trade of a Cooper, and Carpenter as far as he knows himself as truly as if he were his owne
Child, and at the expiration of the sd time, to give him two Suites of apparrel. One for Sabbath dayes, the other for working dayes, To the performance of which promises I do bind my Heirs. In wittness whereof we have interchangeable Sett our hands and Seals. Joy: Hobbs. ? Sealed - - - - -Sealed Signed & dilivered in the presence of us Robert Crouch: & Thomas: Horsman.
The premisses being Considered this Court Orders that Mary: Davis with its apparel. to ballance the sd Marys. worke done for sd Hobbs. ber 30 th 1691 ( 166 )
- - - - - - - - Comrs as aforesd Ordered By this Court that Joy Hobbs. produce One John: Hayes Servt to Thomas Hobbs. that he appear the next day. - - - - - - - - - - - - - - - - - - - - -
1690 Feb 11
( 43 ) ffebruary ye 11th. Ano Domi 1690/1
John Jenckinson for and on behalfe of his sonn Wm: Jenckinson plt
agt Issue Joynd Sangster pr.plt } Attorneys: Referrd to Court
Thomas: Hobbs. Deft. } Jones pr deft
- - - - - - - - - -
Somerset County Ssc. Thomas Hobbs of this County Taylor was Sumoned to answer unto John Jenckinson in behalfe of his Sonn Wm Jenckinson in an action upon the Case &c. - - - - - - - - -
And whereupon the plts by his Attorney James Sangster Comes and sayes that he the said plt did bind his
said Sonn Wm an apprentice to Capt. Henry Smith for and dureing the terme and space of Seven years fully to be compleat and ended. Now the plt sayes and can make it appear that the sd Wm hath served ye said term and space of Seven years, which was compleated and ended the 16th. day of September last past yet the said defendt. Hobbs pretends a right to three years Service by vertue of a Clandestine Indenture made to John Richards of this County Joyner within the time and term of the abovesd seven years without the Consent knowledge or privity of the plt or acknowledged in open Court or a Magistrate, contrary to law also the plt saith that the said Wm his Sonn is under age and no wayes capable to bind himself without his Parents Consent nor the Parent with the Sonns Consent untill the expiration of the first Indenture which was not compleated and ended untill the 16th:of 7ber as aforesd. Nevertheless the sd deft Hobbs, doth deny the sd Wm.his freedom with other necessaries conditioned in the first Indenture and hereupon brings this suit. Sangster pr Quer pledges of proc. Jno. Doe
Rich: Roe. James Barry made Oath that he was a witness to ye sd Wm.s Indenture, when bound to Capt. Smith and that he believed it was above Seaven years agoe.
Roger: Burkam: made Oath in Court also, that it was above Seaven years Since the sd Wm. went to sd Smith
Samuel: Worthington made report to Court, that he heard the sd Thomas say he declined all right in or to
the sd Wm Jenkinson sonn of John: Jenckinson. John: West did likewise hear John: Jenkinson say twice to the Court, Gentm. mr Hobbs sayes that for his part he will have nothing to doe with the boy, meaning his
Sonn, sd Hobbs then in presence made no answer. All which aforesd proceedings being considered by the Court, do Order the sd Wm: Jenckinson to be Sett free from sd Hobbs.
1683 Mar 11
Thomas Hobbs whome presented before the board in November last past George Mitchell to be Constable for this year wch: then was approved of by this Cort: but the Sd Hobbs Complaines yt George Had then refuseth to take the oath of Constable George Mitchell being pr:sent appeares & denys to take the oath whereupon this Cort: fines the Sd: George Mitchell according to Act of Assembly : And John Covington is sworne Constable of Many hundred in the place of George Mitchell
The Same Day Commrs as afore This day to witt y 11th: day of March Ao: Do: 1683 Elleanor Williams appeares before the board & then & there puts her Sonne John Barks apprentice to Thomas Hobbs untill he attaine to y age of twenty one years The Said Chilld being now three years of age The Said Hobbs to Learn him his trade & Cause him to be learned to write & read and at ten years of age the Said Hobbs is to record for him a Cowe Calfe & the Said Chilld to have the future increase and at expiracon of y Said terme of Service to pay him sufficient apparrell & all the increase of the said Cowe Calfe This the Said Thomas Hobbs ownes & acknowledgeth before the Cort: on his part as well as the Said Elleanr: Williams on her part / ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
1691 Jun 12
June the 12th. 1691 ( 122 )
Thomas: Hobbs: Plt. Somerset County Ss. Jane Carey of this County Widdow was attached to answer Contra. unto Thomas: Hobbs of the same County Tayler in a plea of debt. &c. --- Jane: Carey. Deft And whereupon the plt. by James: Sangster his Attorney Comes and sayes. that
ye - - - - - - - - - - deft Jane Carey is become and stands indebted unto the plte in the full and just
sum of four hundred fifty and two pounds of good Sound Mertable tobacco in Caske To be paid at Some Convenient place in the said County at or upon the tenth day of October next and imediate after the day of the date of a Certain Instrument under the hand and seal of her the sd Jane Carey bearing date the 25th. day of June 1687 : and is herein Court produced, wherein the sd deft. did bind and oblige her Self her
Heirs Execcutrs and Admrs. to the sd Hobbs his Heirs or Assigns for the payment of the same. But the sd defendant fraudulently and craftily intending to deceive the plt the abovesd sum of 452 lb of tob. hath not paid according to the tenour of the sd Instrument, doth deny the same though often thereunto required. The plt saith he is damnified and hath losse to the value of nine hundred and four pounds of like tobacco in Caske & hereupon brings this suite J: S: prQuer. pled prsois. Jno. Doe Rich: Roe Judgmt. Confest pr Dent as in fo: 59: for .452lb.pounds of Tobacco . C
Ordr granted for ye Same
Somerset County Ss.
Thomas: Hobbs: Plt. Thomas Carey of this County Planter was attached to answer unto Tho: Contra. Hobbs. of the same County Tayler in a plea of debt &c. - - - - - - -Thomas: Carey. Deft. And whereupon the plt by James: Sangster his Attorney Comes and sayes that - - - - - - - - - - - that the deft is become and stands indebted unto the plt in the full and just sum of five hundred twenty two pounds of tobacco, as doth and may appeare by A Certain Spetialty under the hand and seal of him the sd deft bearing date the 25th: day of June 1687 and is here
in Court produced wherein the sd deft did bind himself his Heirs Extrs and Admrs to the sd plt his Heirs or Assigns for the true payment of the aforesd Sum. Yet the said deft litle regarding the sd spetialty but fraudulently and Craftily intending to deceive the plt, the same hath hitherto denyed, and yet doth deny to the plts great losse and damage to the value of One thousand & fourty pounds of like tobacco & hereupon brings this Suite - - - J: S: pr Quer pled prsois. Jno. Doe Rich: Roe Judgment Confest by Dent. for 522.lb pounds of tobacco. as pr fo: 58: Ordr granted for the Same
1690/91 Jan 13
Janry.13th:1690/91 John: Panter having attended five dayes at ye worll.Court in a Controversie between Tho: Hobbs plt and Thomas: Carey: deft. on behalfe of the plt craves your worps Order for attendance. John: Panter.Sworne before me the day above mentioned John: King
- - - - - - - - -
Janry 13th.1690/91 John.Panter being Sumoned to ye.worll.Court to attend in a Controversie between Tho:Hobbs plt agt Jane Carey.deft for y plt. five dayes. Craves Order for the Same. John: Panter.
Sworn before me the day above mentioned John: King.
Janry 13th.1690/1 George Bosman being Sumoned to your worll.Court to attend in a Controversie between Tho:Hobbs plt & Jane Carey deft. for the plt five dayes Craves Order for the same. ---
The abovesd George:Bosman did Swear to the truth of the above written before me James Round.
Janry 13th. 1690/1 George Bosman being Sumoned to yr.worll.Court to attend in a Controversie between Tho: Hobbs plt and Tho: Carey deft. five dayes Craves Order for the same The above sd George Bosman: Swore the day above mentioned that he hath attended five dayes in the above mentioned Suite before me James: Round // Order not to Issue out till action ended
vid Janry docket. Nr. 112
This Bill bindeth me Thomas Carey of the County of Somerset and Province of Maryland Cooper me my Heirs Execcutors Admrs to pay or cause to be paid and deliver unto Thomas :Hobbs of the same County aforesd
his Heirs or Assigns the just and full sum of five hundred twenty two pounds of good and Sound merchantable leaf tob. and Caske to contein the same to be paid at some convenient place, where the said Hobbs shall require in the County and Province aforesd, at or upon the tenth day of October next ensueing the date hereof, as in wittness hereof I have
hereunto Sett this 25th day of June 1687 his Thomas ? Carey ? Sealed John: Panter marke. his Proved in Court by the Oaths of the Evidences George+ Bosmon this 13th. of ffebry 1690/1 as attests Jno. West Dept Cr. Cur. marke. Judgmt. Confest ye 12th. June 1691 by Dent for 522lb. of tobacco.
59 ) ffebruary:13th. 1690/1 - - - - - -
This Bill bindeth me Jane Carey Widdow of this County of Somerset and Province of Maryland me my Heirs, Execcutors Admrs to pay or cause to be paid and deliver unto Thomas Hobbs of the same County aforesd his Heirs or Assigns the full and just sum of four hundred fifty two pounds of good and sound merchantable leaf tobacco and Caske to contein the same to be pd at Some Convenient place where the said Hobbs shall require in the County and Province aforesd at or upon the tenth day of October next ensueing the date hereof in witness hereof I have hereunto Sett my hand and seal this 25th day of June 1687
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
her Jane : M Carey ? Sealed marke
John: Panter. Proved in Court by the Evidences this 13th. day of ffebry 1690/1 his Teste Jno. West. Dept. Clk. Cur. - - - - - - - - - - - - -
George T Bosmon marke Judgmt Confest ye 12th. June 1691: for 452lb: tob. pr Dent
57 ~ Writs returnable 2nd Tuesday in January 1693/4 (continued)
Joy Hobbs, son & heir of Thomas Hobbs, tailor, answer to Henry Morgan
Joy Hobbs, answer to John Russell
Caps: agt: Lauley Poole to answer unto Thomas Cary in an Accon on the Case
Cepi Caps: agt: Thomas Hobbs & Eliza: his wife to answer unto Jane Cary widdow in a plea of Trespass on the case
Sums: Subpa: for Henry Hayman on part of Jane Cary plt: agt: Thomas Hobbs & Eliza: his wife defts: & Mary Maccrah & Sushan Ryall on part of the plt: being Jane Cary
Sums: Subpa: for Thomas Everton & Allexander Addison on part of Thomas Hobbs deft: agt: Jane Cary plt:
Returnes Entries Returnable agt: March Cort being the Second Tuesday of March Ao:Do: 1690/1
Caps: agt: Jeane Carey widowe to answr: unto Thomas Hobbs in a plea of Debt Evidences on part of
of the plte George Bossman & John Panter ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Caps: agt: Thomas Carey to answr:unto Thomas Hobbs in a plea of Debt Evidences on part of y plaintiff
George Bossman & John Panter ~ S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Caps: agt: Sampson Allen to answr: unto Andrew Whittington in an accon of Slander Evid: on part
of the plte James Noble & Joy Hobbs ~ S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Entries returnable the Second Tuesday in January Annoq Dom 1690
Cepi Caps: agt: Jeane Keardey widow to answr: unto Thomas Hobbs in a plea of Debt
& So Evidences on the part of y plte George Bossman & John Panter
Cepi Caps: agt: Thomas Carey to answr: unto Thomas Hobbs in a plea of Debt Evid:
on the part of y plte George Bossman & John Panter
Cepi Caps: agt: Sampson Allen to answr: unto Andrew Whittington in an accon of Slandr:
& So Evidences on the part of y plte James Noble & Joy Hobbs
SEPTEMBER COURT 1695
25 ~ Joy Hobbs, Admn for Thomas Hobbs, Pltf. vs. Richard Kimball, Deft. for debt of 720 lbs/tbco; Samuel Worthington, attorney for Hobbs, presents account from August 1689 for various items of cloth and clothing; Kimball claims the the case was improperly submitted as a “special summ”, should have been a quantum meruit (quanto meriott); Court finds the account inconsistent, rules a non-suit.
At a Court held by their Maties Justices of the Peace for the County of Somerset in ye Province
of Maryland 7ber 8th in the 3d year of their Maties. Reign Over England &c. Anno Domini 1691.
Comrs. prSent in Court were. C mr. ffrancis:Jenckins. mr. Roger: Woolford. mr Thomas: Jones Capt.Jno.King. mr.Ste: Horsey
Ordered likewise that the Severall respective Overseers in this County, do forthwith cause their Maties
high wayes and Bridges to be mended throughout the sd County. - - - - - - - - - - - - -
The Courts adjourned to the last tuesday in September: 1691
- - - - - - - - - - - - - - - - - - - - - - - -
mr. Thomas: Hobbs of this County Taylor. Came this day and requested that a Cow Calfe might be
recorded for One John:Prise Orphant Boy to One Elinor Prise, which sd Orphant was given to ye
sd Hobbs by ye sd Elinor in Court. the sd Calfe now is given by ye sd Hobbs to the sd Jno. with all its increase
in presence of Thomas Holbrook and his wife. and marked thus. to witt. a Croppon ye right ear. and a Square
on yefore part
bitt taken out of the topp of ye left ear ^ which calf is called by the name of ffortune. entered this 26th.
day of 7ber. Anno. Dom 1691.
ffebruary 12th. 1690/1 ( 46 )
John: Covington. Plt Somerset County Ssc. Thomas: Hobbs late of this County Taylor
agt was attached to answer unto John: Covington of a plea of
Thomas: Hobbs. Deft. trespass upon the Case. &c.
- - - - - - - - - - - - - -
And whereupon the sd John: by Peter Dent his Attorney saith that the said John. the 10th. day of June
in the year of our Lord 1690.at Monokin within the Jurisdiction of this Court was posessed of three
yards
and three quarters of Kersey as of his own propper cloth and being thereof so posessed, the same afterwards out
of his hands and posession did causually loose which said three yards and three quarters of Kersey, afterwards to
the
hands and posession of the said Thomas Came, Nevertheless the said Thomas well knowing the said Cloth to be
the propper gods of him the said John and of right to him to belong and appertaine, but devizeing & fraudulently
Intending him the said John in the behalf to deceive and defraud the sd Cloth to the sd John hath not delivered but
hath hitherto refused and doth still refuse to the damage of the John of 1600 Pounds of tobacco and thereof he
brings his suite. &c. Dent pledg &c. John: Doe
Plea. Rich: Roe.
Not guillty in manner and form saith the deft. James: Sangster, and this he desires may be enquired by ye Country
and the plt also Dent.
Evidences for the plt. Richard Chambers, sumond in Court and Sworn as also Samll.
Worthington
Evidences sworn for ye defendt. Joy: Hobbs & Elias: Jones.
Issue being joynd Declaracon being read the whole matter was referred to the Jury, and therefore Comand
was given to the sheriffe to Sumon twelve good and lawfull men of his balywick that the Case might
be the better understood, which forthwith was performed. pannel whereof is as followeth (viz.) Nathaniel
Horsey. Walter: Taylor, John: Colhoon. John: Broughton. Matthew: Dorman. Wm: Smullen. Benjn Deards
William: Planner. Junior. John: Panther. Michael: Williams. Richard: Jefferson. Thomas:Larramore. 12
who
have deliberatly heard the totall proceedings, decl. and Evidences, receives their charge, are sent forth.
and the same day the foresd Jury returns, in Court, with this following verdict, read in the audience of ye
plt and deft viz. wee Gentm. of this Jury doe find for the plt. Natt: Horsey. foreman.
This Court Orders the abovesd verdict to be entered. judgmt. thereon
- - - - - - - - - - - - - - - - - - - - -
Capt. John: King plt whereas attachmt was awarded agt the deft. for 1120:lb of tobacco for ye plts use
agt there begin allready attacht 942lb. as appears upon Record lib B.W Z .fo.177.
Wm: Aylward. defendt. so that there remains 178lb. of tobacco still due to y plt. which sd sum of 178
- - - - - - - - - of tobacco mr Peter: Dent in Open Court assumes to pay to the sd King being
so much indebted to the deft. Order Condemnacon for the same.
----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mary the wife of James: Ingram, being Sumoned to Court to answer what should be objected agt her (in y)
behalfe of their Maties. she the said Mary being accused for leaving of her Husband, and going over the
Bay
with John Carey the sd Mary being Penitent asking forgiveness of the Court and upon her knees to her
husband, her Crime is remitted.
16 MARCH 1693/4
Richard Kimball, answer to Joy Hobbs, Admn of Thomas Hobbs
Hobbs v.
Gottley
P. 383
John Hobbs Cooper by his Attorney Thomas Turner demanded
the 18th of Nouember 1660 a writt of Attachment agt the Estate and
goods of John Gottley ais Dowle to the vallue of thirteene pounds in
the possession of Mr Thomas Gerrard Attachment issued to the
Sherriffe of Saint Maryes County accordingly, vpon wch the said
Sherriffe retourned the same executed to this Court 11 Dec. 1660.
And both parties plt and deft not appeareing nor any for them this
Cause was nonsuited
John Hobbs by his peticon desires an Attaichmt against the Estate
of John Gotley which was granted accordingly
Hobbs v.Gotley
Entries returneble the Second Tuesday in Janry 1683
Caps agt: Margarett Hall for bastard bearing informt Thomas Hobbs
Caps: agt: Thomas Davies to answr unto Thomas Hobbs in an accon of y Case upon accot Livin Denwood
Edward Carey & Katherine his wife Subpd on the part of y defendt
Somerset County Ssc. Whereas Sarah Byfield a poore impotent wom and deafish woman, and in all likelyhood to
come
upon the parish if a Christian care be not taken to prevent it, not withstanding she hath Served Tho. Hobbs
or his deputy three years & one half chiefly to recover her hearing and reading none of which having obteined
and likewise some small matter of wages and not yet paid her.
These are therefore in their Maties names to will and require yu Jno. White the Constable of Mony hundred
to attach the said Thomas: Hobbs, so yt yu have him before me or some other of their Maties Justices of the Peace
of this County to give Security for his appearance the Second tuesday in ffebry. next then and their (to shew
Cause if any he can ) wherefore he hath not complyed and paid the aforesd Servants wages hereof yu are not to
fail at your peril. given under my hand this 26th. day of January 1690/1 David Browne
To John White to be returned to Some Justice of Peace.
The said Byfield and Hobbs both appearing this day nothing materiall being shown, is Quasht.
Warrants returnable the Second Tuesday in September Annoq. Dom: 1690 /
Cepi Caps: agt: Thomas Hobbs to answr: unto John Covington in an accon of the Case Evidences on part of y plt
Joy Hobbs
& Su Sumons for Wm:Colebourne Tanner & Richard Chambers Wm.Brereton plte agt:Walter Lodge deft. on the
part
of the deft.
Attachmt: on the goods & Chattles of Wm. Aylward for 178lb: of tob: to make up the sum of 1120lb:of tob: to
answer
unto John King in a plea of trespas upon y Case
here Endeth September Courts entres
And begins November Courts entries Annoq Dom 169 with there returnes
Entries returnable y Second Tuesday in November Annoq Dom: 1690 /
Summons for Elias Jonas on behalfe of Jno: Covington plt agt. Tho: Hobbs deft
Cepi Caps: agt: Thomas Hobbs Taylor to answr: unto John Jenkinson for & on y behalfe of his Son
William Jenkinson in an accon of the Case Evidences on the part of y plte James Barry
Tanner & Roger Berkum ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
The Jury Sworne vizt Lazarus Madux fforeman Wm: Noble Thomas Hobbs Thomas Quillane
George Lane: John Swaine: William Bossman George Banam: Lewis Knight: Miles Harrison
Archibald Holmes and Henry Haman
John Ellis Junr: and Mary his wife were Sworne before the Court & Jury on the part of the plte
and Henry Potter declared before the Cort: & Jury (with this expression as in the presence of God/
And the Same Day to witt the 18th: day of november Annoq Dom: 1687 Came Richard Brittaine
plte by his Attorney Thomas Poole & John Colehoune & Joseph Eames defendts: by theire Attorney
John Taylor as well the Jurors to witt Lazarus Madux: Wm: Noble: Thomas Hobbs: Tho Quillane
George Lane John Swaine Wm: Bossman George Bossman :Lewis Knight: Miles Harrison Archibold
Holmes & Henry Holmes? : who to Say the truth being summoned Impanelled & Sworne upon
theire oaths say that they finde the plte is trespassed to the vallue of six hundred pounds
of Tobacco wch: verditt was ordered to be entered: Where upon this Cort: further orders That John
Colehoune & Joseph Eames defts: pay unto the plte Richard Brittaine six hundred pounds
of Tobacco with Cost of Suite ~ ~ ~ ~ ~ ~ ~ ~
Charles County Court Proceedings, 1668—1670
John Hobbs Cooper Entereth Mr James Lyndsey geni his
Attorney wth full power to Act in anie busines belonging to him the
said Hobbs; or to Constitute anie other Attorney under him.
Provincial Court Proceedings, 1665.
Mr Thomas Sprigge sworne sayth, That hee did serue an Exe
cüon on the Body of John Six, for a Debt due to Mr Rich: Smyth,
That Six after bee was this Deponts prisoner toald him bee had 2
hogsheads of Tob. ready for him & soe far preuayled wth this Depont
as to pay Mr Smyth the remainder of the Execuon, Wch I promised
him to doe, & to tht end wrote to Mr Smyth concerning those 2 hogs-
heads Six tould mee were ready, & tht I would pay him the Smyth
the remainder afterwards. The uery same day tht Mr Smyth receaued
my noate to tht purpose I saw him my seife, & Mr Smyth certifyed
mee tht hee had receiued tht noate by Stephen Hobbs, M' Smyth tell
ing mee then bee would haue it alltogether, But afterwards told mee,
Hee was content to forbeare soe bee might bee sure of it all the next
yeare. Afterwards Six asked mee, what hee should doe wth those 2
hogsheads? being Mr Smyth would not receaue them. To web I gaue
him noe Councell. Then Six fearing they might Lye uppon his hands
desyred mee to dispose of them: But those tht I ordered to looke &
ueiw them did not like them, & further sayth not/
Stephen Hobbs sworne sayth, That hee deliuered That noate of
Mr Spriggs into Mr Smyths owne hands wch was writt to him in the
plfs behalfe, That Mr Groome receiued one hogshead in part of tht
exeqüuon, weighing ffowre hundd & ffowre pownds neate, wch bee
this Depont payd him.
One hh recd & 2 hh. Tendred Putt to the Vote whither a good Ten
der yea or floe.
Chancelot good Tender
Gouernor idem
All the rest of the Board Contra
The plf nonsuited.
John Ellis, Elizabeth Bennet, & Thomas Courtney Cleared by
Pnoclamãon.
The Court adionned till afternoone.
Maryland ss:
By the honble Councill
Whereas Information &c. as in this booke fo: 121:
After reading the ordr aforesaid this Court commands the
sheriff of this County to Impanell a Jury of twelve good men
to make enquiry of the prmisses, which pannell is returned by
the sheriff (viz:) John West, Capt William Colebourne, Law-
rence Gary, Samuel Collins, John Cropper, Henry Philips,
Charles Hall, Thomas Hobbs, Robert Cattlin junr John Evans,
John Shipney, and Thomas Tall, who were sworne.
Lib. R. R. R.
And this day to witt the nineteenth day of November
Annoq Dmi. 1684: The said John West, Capt Wm Colebourn,
Lawrence Gary, Samuel Collins, John Cropper, Henry Philips,
Charles Hall, Thomas Hobbs, Robert Catlin junr John Evans,
John Shipway, and Thomas Tall Jurors Impanelled, and upon
their oathes, came before the board, and say wee of the Jury
appointed doe all beleive, that John Kirk, and his wifes
unkindness to be the reall occasion of Edward ffurlongs
departure, and doe find the Estate of the said ffurlong to be in
the hands and possession of the aforesaid Kirk, as also that
the said ffurlong hath a Brother living if not other relations
Signed John West fforeman
P. 154
Joy Hobbs the Sonne of Thomas Hobbs his marke vizt the right
ear Cutt of and a bitt taken out of the left ear recorded the 18th July
1680
Returne made by } Entries Returnable the second Tuesday in
the Sheriff vizt: September Anno 1688 =
Caps: agt: Eliza: Hobbs & Joy Hobbs to answer to the Complaint of Sarah Boysford &a:
Caps: agt: Garrett Sipple to answer unto ffrancis Jenckins in a plea of Debt ~ ~
Provincial Court Proceedings, 1661
To the honoble the Gouernor and Councell of the Prouince of
Maryland
Hobbs v.
Haggett
The humble peticon of John Hobbs Sheweth That yor petr being
indebted to Humphry Haggett in a certaine quantity of tobacco did
article and agree with the said Haggett to Hue with him and worke
in Coopery he haueing one halfe of his labor to finde him dyett
lodging tymber &c. and yor petr the other halfe of what proffitt
should be made out of his worke and to receive and pay himselfe out
of that produce what he should justly be indebted to him
.... Haggett usurping the power of a Master ouer .... to threats
P. 804
and most inhumane .... Complaynt & removeall .... prayeth that
the .... County to Examine and giue a Reporte to this honoble Cort
how they finde prsent difference And he shall pray &c.
Ordered that the busines be referred to the County Cort and that
John Hobbs doe giue in security there to appeare to answere unto
Humphry Haggett And that the Comrs of that County are to see
justice done in the business
entries returnable March Cort: 1683
agreed Caps: agt: John Barber to answr unto Thomas Hobbs of an accon of the Case upon accot
no effectsAttachmt on the goods Chattles & Debts of Jerome Chivers for 1342lb: of tobacco to answr unto Capta William Piper
shown in an accon of y Case upon accot
S Subpd: for Levin Denwood Edward Cary Katherin his wife & George Goddard on part of deft: Tho: Lamb agt: Tho: Hobbs plte
11 JANUARY 1693/4
Henry Morgan vs. Joy Hobbs
Subpoena, Mr. Roger Woolford, Mr. Dominick Coppinger, Joy Hobbs, George Hutchins; for Bryan Snee vs.
Robert Polke
Comand was therefore Given to the Sherriffe of St Marys County That
Imediatly he Cause to Come here Twelve Lawfull men of his Bailywick by
whom etc. and who neither etc. because as well etc. to recognize etc. and the
Sherriffe made returne of his Said precept that he had there ready in Court
twelve Lawfull men according a[s] thereby he was Comanded to witt Henry
Mitchell, Thomas Cleggate John Whittington Hugh Ecclestone, Chris-
toph[er] Nutter, Robert Peale William Morrison Robert [Smith] Robert
Hobbs, John Alkey, Christopher Bayns and Christopher Snoswell.
[118] Now here att this day to witt the 15"* day of November Anno Dni
1694 Came the Said Partys by their Attorneys aforesd and the Jurors Impan-
nelled afd Likewise who being Elected Tryed and Sworne to Speak the truth
Concerning the Premisses upon their Oaths do Say we of the Jury find that
the Land Called Wattson doth run from the first bounded Tree Seaventy
five perches, North East and by North from thence North West and by West
three hundred and twenty perches to the New bounded Oak from thence
with a Straight line to the first bounded tree of the Land Called Cudlington
from thence with a Straight line to the first bounded tree of the Said Land
Called Wattson and if the Trespass Committed be within the Sayd Lynes
we find for the plt if not for the Defend* whereupon Judgmt upon the Ver-
dict was deferred and respited.
Provincial Court Proceedings, 1660. 437
Monday the 25th of February present as aforesd
This day came John Abbington Attorney to Mrs Anne Tilney
Executrix to Richard Hodgkeys deed, and accknowledged a Judgemt
vnto Captaine Thomas Cornewallis as Assignee vnto Mr Richard
Hobbs for 831ll tobacco and caske by bill And further doth accknow-
ledge on the behalfe aforesaid to be accomptable vnto the said Capt
Cornewallis as Assigne aforesaid for three hhds of baye Salte And
to pay what remaynes upon that accompt
29th. of 7ber
Anno Domini 1691: the Justices in Court Sitting. have Ordered the sd John:West Clerk of this County
Court. &c. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -
Mary. Davis: Petion and Indenture read. Ord thereon yt Joy Hobbs appear to answer ye
Complainant
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
9ber 14: 1690 ffebruary 14. day 1689
Samuel: Tomlinson Dr. 1686 to Jno Carter 9ber. 14= 1690
Imprmus The Declaration being Read. Issue
To 16. months diet at 200lb: pr month is - - - - - 3200 joynd:as also both accompts produced
To helping you build a house and nails - - - - - 1000 by consent of both parties do refer their
To 19 days worke at 20 pr day - - - - - - - - 0380 Cause to be tryed by a Jury, And therefore
To 1: black hatt at . - - - - - - - - - - - - 0300 Command was given to the Sheriffe to sumon
To 1: pare of french falls - - - - - - - - - - 0060 twelve good and lawfull men of his Balywick
To 2: dayes worke at 20 day . - - - - - - - - 0040 which forthwith was performed, a List or -
To 22. dayes worke in your Crop more - - - - - 0440 pannel. with there names are here returned. viz
To 1: Tax at - - - - - - - - - - - - - - - 0028
To 1: pair of spurrs - - - - - - - - - - - - 0020 Samuel: Collins, Roger: Phillips. Richard Rugg
To 1: steel: at . - - - - - - - - - - - - - 0006 Thomas: Hobbs: Richard: Webb. John:Moore.ferrymn
The Same Day being the 6th of ffebruary Annoq Dom: 1683 Commrs '
The Same Day Commrs as afore
Thomas Hobbs plte
agt: reference & ordr yt the deft: give Speciall bayle
Thomas Sams deft
180 Proceedings of the Council of Maryland, 1696/7-98.
Lib. H. D. tyes in the Peticon or rather false and Scandalous libell
mention'd.
Read & approved off by us of the Grand Jury.
Hen: Fernly Forem: Richd Benton Jno Hamon
John Scott Jesep. Edlo Richd Hill
Robt Hobbs Henry Eldesley Thos Tasker
Thomas Wells Edwd Larrmore Wm Hatton
Thos Lacur Ralph Smith Phil. Hoskins
Jams Abram Edwa Philpott Thos Steley
Wm Ebden Jno Jacob
J osep: Peake Aron Rawling
J no Chavers John Pargemot
Ben: Ricaud John Alford
Morg: Jones Jno Mc Clester
784 Somerset County Livestock Marks, 1665 1722.
Thomas Hobbs his marke vizt Cropt in the left ear & a square peece
taken out of the fore part of the right ear & underbitted of the Same
ear recorded first Janry 1683
June the 12th: 1689 = 121
1777 April 25
In the Name of God amon the twenty fifth day April in the year of our Lord one thousand Seven Hundred and Seventy Seven I John Givan Senor of Maryland in the County of Warchester Planter Bo = in a poor State of Helth But of perfect mind and memory thanks begiven to God for the same therefore Calling to mind the mortality of my Body I do and Ordain this my Last Will and Testament in the following manner I Recomend my Soul into the hands of God that gave it and for my Body I Recomend it to the Earth to be - Buried in a Cristian like manner at the discretion of my Executors , and as Touching Such worldly Estate wherewith it hath pleased God to Bless me with in this Life I Give Devise and dispose of the same in the following manner Imprimis I Give and Bequeath unto my loving and well Beloved wife Ann Given all my whole Estate Both personal and Rail During her Natural Life or widowhood afterwards to be Lost in the following manner . Item I Give and Bequeath unto my Son Round Guans one hundred and Eighteen acres of Land out of a tract of Land caled Givans Chance to him and his heirs forever which has been Said of by Josiah Dale Item I Give and Bequeath unto my Son Robert Guan thirty acres of Land I bought of Nehemi - = Cattlen that he Bought of Levi Davis and likewis from the mouth of a Guley Caled the Deep Gully up the said River Swamp to the month of a Small Gully at the Corner of my sence to a marked white Oat - Standing in the mouth of the aforesaid July and from thence with a Straight Line to the mouth of a lain Between Towell Davis and my self and half of the River Swamp ye I Take up Called Addition and Likewis a Negro Boy Called Caleb to him and his heirs forever It I Give and Bequeath to my son John Gwan my plantation whereon I now Live and all ye Rest of my Land I one adjoyning to the aforesaid plantation Excepting what Robert Guan has and twelve across of Land I Bought of Benjn Davis and half the River Swamp I to kes up Caled Addition to him and his heirs forever Item I Give and Bequeath unto my Daughter Mary Gwan twenty pounds over and above her Equal part of my Estate to her and her heirs forever Item I give and Bequeath unto my four Children that I had by my first wife name = ⎬ 215 be Equally Devided amongst my four youngest Children after ye Legeses are paid out of it namly George Guan , ⌨ Robert , Guan and Mary Guan Item If John Gwan dies without a Lawfull Heir for all the Land I own to fall unto Robert Guan to his heirs forever if Robert Givan Dies with out a lawful Heair for his part of the Land to fall unto my Daughter Mary and the other part to fall to George Gwan or the Mail Heirs of his Body ⌨ Lawfully Begotten and the Negro Boy to be Sold and ye money divided Between George and Mary Gwan and if George Gwan dies without Lawfull Heair for all my whole Estate and Lands to be Sold and ye money Equally divided amongst my first wifes children namly Round Gwar James Given and Sarah and Margret only Sarah to have thirty pounds more then the Rest to them and their Heirs forever Likewise I appoint my two Sons George Guan and John Gian to be my Executors and ⌨ I confirm this to be my Last will and Testament Ever ⌨ or done or signed by me as witness my hand and Seal the day and year above written - - - - - - John Givan ℗
Signed published pronounced and delivered by the Said John Given as ⎬ Benjamin Davis : his Last will and Testament In that James Davis - - Pargenc - - - Pattersa Balting ham - March the 2d 1779 . Then came George Givens & John Givens & made Oath & That the within Instrument of writing is the true & whole aly & Testament of John Givans late of Worcester County deceased , that hath come to their hands or possession ; and that they do not know of any other - Wm Morris Regr Wills for . Wooloth March ye 2 " 1779 . Then came Benjamin Davis James Davis & Tate : ence Brittinghan the three Subscribing Witnesses to the within last Will & Testament of John Givans late of Wor County deceased & Severally made Oath upon the Holy Evanges of Allmighty God , that they did be the Testator therein named Sign & Seal this Will & that they heard him publish pronounce and declare the same to be his last Will & Testa = Marge ment ; that at the time of his so doing he was to the best of their Apprehensions of sound disposing mind memory tother & understand Item 216 ing and that they respectively subscribed there names to this Will , in the presence and at the Request of the Testator , & in the presence of each Ither - - D. Wm Morris Regrolls for W . Cott In the name of God Amen I Leven Hobs of Worcester County and State of Maryland being weak and Lowe in Body but of Sound dispos - = mind and memory and knowing that it is appointed for all my Once to die do make this my last Will and & Testament in maner and form following Viz . first I give & leave to my Beloved wife Abigal Hobs my riding Mare one Cow with Calf & one Bed & furnerture I am I give & leave to my daughter Mattilder Hobs my Black Marcone Bed & furnerture one Heffer I Sam I Give & leave to my youngest daughter Nelly Hobs One Bed & furnerture on Con Calf & Fifty pounds Common Money Item I give to my daughter Betsey Hobbs one Small Bay Thome Colt 1 Cow Calf & twenty pounds in Common Money and lastly I leave all the Remainder of Estate to my wife To sell and pay my honors & Just debts and the over plush If any to her my said wife & I leave my Beloved wife Abigal Hobbs Executor of this my last will and Testament And I hereby revoke and make void all other Wills by me heretofore made . & do publish pronounce & declare this to be my last will and Testament In Witness whereof I have hereto set my hand & Seal this Novemberday 27 - 1770 In Presence off - - - Thomas W. Clerk - - David Me Mark Samuell Smith & his mark ⌨ 1799 . Then came Thous . N L Lith David Abigal Stobe and made Oath on the Holy Evangels of Almighty God that the within Instrument of writing is the true and while Will and Testament of Lovin Hobbs late of Worcester County deceased that hath come to his hands or poss Session and that he doth not know any other - - - - Before William Morris Regrills for W . Boy Novembr 1st 179 . Then came Thomas McClesh David McGee & Samuel Smith & made Oath that they were by and present at the time when the with instrument of writing was executed by the within named Levin Stobe that they heard him publish pronounce & declare the same to be his 41 last Will & Testament and that at the time of his so doing he was to the Best of their Apprehension of sound disposing mind memory & un that they subscribed there Names as Witnesses to the with : instrument of writing in the presence & at the request of the said Levin Hobs & in the presence of each other & that they dont know anyrason why the with Instrument of writing was not Subscribed on the said Levin Hobs more then a Neglectfull Omission or equarance of the propri - = thereof - - Before Wm Morris Regrills W . Co . The last Will & Testament of Betty Harris late of Worcester County do deceased , declared by her by word of mouth on the 2d day of September Anno Dom 1 / ⌨ ( being sick of the Sickness whereof she died ) in the presence of the Subs who sign our names as witnesses thereof , which words to spoken were as follows she the said Betty Harris said she had given all her Cloaths Nancy Martin at there was sundy other things she intended for her upon being requested to namon them She said it was her saddle and part of the New Sinnen that ⌨ in ⌨ In witness whereof we have hereunto Set our hands and affixed our Seals this 9th day of March Anno Dom 1779 - - - ✓ Wm Handy Seal Mary Wise ℗ Polly Martin March 7 . 8th 1779 Came the above named Wm Handy Mary Wise & Polly Martin and made Oath that what is contained in the above Nuncupative of Will were the words Repated by the Testatrix as nearly as can be recollected by them to the Best of their - - - - - Knowledge - - - - - - Before Wm Morris Regr Wills for Wor Cout In the Name of God Amen I David Johnson of Worcester County in the Province of Maryland , being sick & weak of Body but of sound and Disposing mind memory & understanding & Being minded to settle my worldly affairs & be the better prepared to leave the ⌨ ⌨ ⌨ please God to call me hence , do therefore make and publish this my last Will & Testament in manner & form following that is to say final & Marge Principally I commit my Soul into the hands of almighty God & my Body to the Earth to be decently Buried at the Discretion of my Executor Letters
Ref: https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-S5RX?view=fullText&keywords=Hobs&groupId=TH-1951-24257-74024-84
Email: dcpinion@gmail.com
