Editors: Words enclosed in [brackets] or preceded by “Editors” are those of the editors and not part of the original record.

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1647 Nuncupative Will of Leonard Calvert, Governor of the Province of Maryland.

Court and Testamentary Business, 1647. Liber A, folios 64-5

June 19th [1647] This day came Margarett Brent Gent, & desyred the testimony of the prnt Gouernor Mr Tho: Greene concerning the last will & Testamt of the late Gouernor Leonard Calvert Esqr And the sd Gouernor did authorize Giles Brent Esqr one of his Lops Counsell to administer an oath unto him the sd Gouernr concerning the foresd busines.

The sd Gouernor Tho: Greene Esqr answered uppon oath concerning the last will & Testamt of Leo: Calvert Esqr aforesd

That he the sd Leo: Calvert, lying uppon his death bed, some 6 howres before his death, being in prfect memory, directing his speech to Mrs Margarett Brent sayd in pnce of him the sd Mr Greene & some others I make you my sole Exequutrix, Take all, & pay all. After wch words hee the sd Leon: Calvert desyred every one to depart the roome & was some space in priuate conference wth Mrs Marg: Brent aforesd Afterwards the Mr Greene comeing into the roome againe, he heard the sd Mr L: Calvert appoint certaine Legacies in manner following. Viz I doe giue my warring cloaths to James Linsay, & Richard Willan my servants, specifying his cloath suite to Rich. Willan & his black suite to James Linsey. & his waring Linnen to be diuided betweene them. Aliso I giue a mare Colt to my God sonne Leon: Greene. Allso hee did desyre tht his exequutrix should giue the first mare Colt tht should fall this yeare, (& if none fall in this yeare, then the first tht shall hereafter fall) unto Mrs Temperance Pippett of Virginea. And further he deposeth not.
Recognit Teste me
Willm Bretton Clk.

June 19th 1647 Mrs Margarett Brent maketh claime of the Estate of L: Calvert deceased, & desyred lres of Admistraon should be granted unto her of all the Lands, goods & chattells belonging unto him the sd Leon: Calvert according to his last will & Testamt

Ordered the sd Mrs Marg: Brent should haue lres of admistraon granted unto her fortwth The will being proued by the testimonies aforesd
(Archives of Maryland, 4, 13-14)

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Court and Testamentary Business, Province of Maryland, 1648. Liber A, pp. 170-4.

In the name of god Amen. I Thomas Allen in the prouince of Mary-Land Plantr for many good causes me thereto moue ing. being well in body, & in prfect health & memory thanks be to god for it, & praysed be his holy name.

I doe make my last will & testamt
ffirst I bequeath my Soule to god tht gaue it, trusting only in the meritts of Jesus Christ my Sweet Sauiour. Secondly I bequeath my Body to the grownd, whence it shall please Allmighty god to call it, trusting in a ioyfull & hopefull resur rection by Jesus Christ. Thirdly I doe make my sonne Thomas Allen, full & whole Exequutor of all my wordly goods: Thus far tht he doth admister uppon all tht is mine, for the use of him selfe, & his Brothers William Allen, & Robert Allen, & lett it bee, more or lesse. & I doe giue them share & share like. And if eyther of them should dye; Lett the other Two take all, Or if it please god, tht Two dye; Then the longest liuer take all. And because they are yowng, & tender of age I doe appoynt my louing ffreinds John Hatch (or in his absence Willm Marshall) & Rich: Banks to bee Ouer seers of this my last will & Testamt And if it should soe please AllmigtY god tht I should dye this summer, or this yeare: That my Man Conquerour may stay, & worke in the Crop. And tht an Inuentory of all tht is mine, may be taken & secured by the OurSeers Jno Hatch & Rich: Banks, to pay my debts, & the remayner for the good of my children according to their best discretion. Now for the disposall of my children I would not haue them to liue wth any Papist. ffor my Eldest sonne Thomas, if hee please to liue wth eyther of the Ouerseers of this will hee may during his pleasure. I know he will yerne his uictualls & cloaths: if not lett him take his course. And for the other Two I would not haue them sold for slaues, or Morter-Boyes, but according to their best discretion I meane, of my uery louing ifreinds John Hatch & Rich: Banks. I haue an old freind att Accomack called James Bruse, I could wish tht he had my sonne Robert, if he haue none of his owne & tht he would use him well, & nott sett him to the Mortar. or eyther Vrmstrong ffoster. Phillip Conner of the Ile of Kent, did desyre once to haue my Sonne William, as his child, & soe he would use him. & I told him, if it pleased god to take me to his mercy I would leaue him, to him, Soe I desyre you my freinds to use yor discretion in it. And for yor paines & labor in it, you may pay yor selfes, out of this estate. But I beseech you my freinds, doe yor best for my children. And soe I conclude desyring god to bring us to (in his good time) euer lasting glory & mercy in Jesus Christ our Sauiour. Now to him be thanks both now & euermore. Amen. The words him, his, & god was enterlyned before the Signing & Setting to of my hand. Now in wittnes of the truth I haue sett my hand this Twenty third day of Aprill. An: Do: 1648
Signd Thomas Allen.

on the backside of the will
I desyre that & if I should sodenly dye, & the cause how, should not be directly knowne how, or where, or when. That there bee speedy Enquiry made, how & where, & what was the cause. And if it be not directly fownd tht then I would have Nick: & Marks att Pyney-neck, Irish-men, questioned as suspitious persons: for reasons to mee best knowne. This more I desyre of you my freinds John Hatch, & Richard Banks, & soe likewise of you my Sonnes Thomas, William, & Robert Allen. This is my desyre. Wittnes my hand this Twenty third of Aprill Ano Dni 1648. Signd Thomas Allen.
(Archives of Maryland, Vol. IV, pp. 403-4)

Editors: Thomas Allen was killed by Indians and two of his children kidnapped. See also The Ark and the Dove

August. 8 [1648]. Court and Testamentary Business, Province of Maryland, 1648. Liber A, pp. 170-1.

Warrant to George Manners to Impannell a Jury of 12 ffreemen to make Enquiry of the death of Tho: Allen fownd dead, uppon the sands by Poynt Looke out, in St Michaells mannor in the pro: of Mary-Land & to make a true returne thereof, into the Registers office, wth all possible conueniency.

Warrt returned in writing as followeth.

August. 9 A Jury impanneld uppon the dead Corps of Tho: Allen untimely deceased, & Verdict thereon deliuered as followeth.

I Edward Cottom, being foreman of the Jury, giue Verdict for the whole as followeth That the sd Tho: Allen was shott under the right shoulder, & hath three holes, but whether wth shott or Arrowes they know not. His Corps is soe eat & consumed.

And likewise tht a great peice of his scull is broken & taken away; & the skin of his scull is flayed of, quite rownd his head.
Signed
Edward Cottam John Lewger John Harwood
Willm Edwin Edw: Hull Lewis ffreeman
Odoan James Humphrey Howell Rich: Willan
Angel Simpson John Cage George Dolte
(Archives of Maryland, Vol. IV, pp. 403-4)

August 11. Whereas this day Jno Hatch, Rich: Banks, & Willm Marshall, ouerseers of the last will & testamt of Tho: Allen deceased, haue brought into the Registers office, the sayd last will & testamt of the sd Tho: Allen. And whereas there is noe prnt power to graunt lres of admistraon. It is therfore Ordered by the Gour tht the sd Mr Hatch Rich: Banks, & Willm Marshall shall receiue & collect the estate, wch otherwise would fall to ruine, & cause it to be appraysed by the oaths of Walter Beane, Walter Waterlin, & Robert Smith, & bring into the Registers office, a true & prfect Inuentory of the estate, wth the appraysmt thereof, wthin Ten days. And the allowance or Accompt thereof, whensoeur they shall be thereunto called, by the Judge of Testamentary Causes, in this prouince.
Copie eiusd. to Jno Hatch.

Jno Hatch. Rich: Banks, & Willm Marshall sworne by the Gour according to the Tenure of the order abouesd

Know all men by these prnts tht wee Jo: Hatch, Rich: Banks & Willm Marshall doe hereby firmely bind orselues. or heyres, & assignes to pay, or cause to be payd, unto the sd Cecill Baltemore Propr of this pro: his heyres or assignes the full summe, or quanty of Ten Thowsand pownd weight of good & marchble leafe Tob: & cask.

The Condicon of this obligaon is such, tht if the wthin bownd Jno Hatch, Rich: Banks, & Willm Marshall shall giue a just, true, & faythfull accompt of the estate of Tho: Allen deceased whensoeur they shall be thereunto called by the Judge of Testa mentary causes of this pro: tht then this prnt obligaon to be uoyd, or ells to stand in full force. Wittnes Or hands Sig. John Hatch
Recognez Coram Gour Rich: Banks
Willm Marshall

August. 17th Walter Beane sworne by the Gour Walter Waterlin & Robert Smith sworne by George Saugheir (being authorized thereunto by writt from the Gour) to make a true apprasmt of all such goods, as shall be brought unto them by Jno Hatch, Rich: Banks, & Wm Marshall, belonging to Tho: Allen late deceased.

August. 18th A True Inuentory of the Estate of Tho: Allen deceased, & appraysed by the oaths of Walter Beane, Robert Smith, & Walter Waterlin

18th Aug. 1648.
Impr One Man seruant hauing 4 months to serue wth 8
 the Crop of Tob:                        1
It. one small fether bed Wth a canuise ticking, one)
  feather pillow one white Rug, one deare skin wth 0300
  feathers in it
Two old weeding hooes, Two old hilling hooes one old
  Dutch Spade One little old frying pan, One hand- 6
  Saw, one drawing knife one ades, one Auger, one froe, 01 0
  one iron Pestle, 300 6d nailes one old narrow axe
One iron pott, & one old Brasse Kettle0100
Two single Ankers, one dowble anker & a payle 0030
One powdring Tub, one Table, on Tray, & 2 old boules   01 20
One Long gun & shott-bagge             0260
one old chest, & a matt                0030
Three pecks of Salt                    0020
Two Sowes & 13 piggs                   0550
Ten henns & 3 cocks                    0070
One ffeather-bed wth an old ticking    0150
one other feather bed, one feather 
boulster, one feather pillow & 
curtaines belonging to it              0500
Six pewter dishes, one pewter Cup, 
one pewter Salt, one pewter pinte 
pott, a quart pott, an old chamber 
pott,                                  0120
1 1 pewter spoones, one old poringer, 
an old peice of a cup One iron-pott, 
& a little brasse Kettle               0100
one brasse Kettle, one payre of Tones,
one brasse candlestick, & a parcell of
old iron One shirt, & one Apron        0100
3 yards & 3 quarters of broad cloath   0140
one Smoothing-iron                     0015 
one Neck-cloath, one old p Breaches & 
a parcell of line                      0060
one payre Shott-molds, & pr Tob: Towngs0018
3 Bookes                               0060
one Small gun                          0100
one chest & a Box                      0080
13 deare Skins  0100
1648.one earthen pott                  0010
His marke & 7 barrells Corne
one Small Boate                       0300l
                      5393
3 Nouembr 1648 Appraysed by Robert Kedger
and Wm. Smoote

August. 22th Leiut Rich: Banks hauing appreheaded 5 Patuxent Indians, uppon suspition of ffelony, & bringing them afore the Gouernor to answere the same. The Gour committed them to the Sheriufe to be kept in safe custody, untill conuenient time for their tryall.
(Archives of Maryland, Vol. IV, pp. 403-4)

Liber A, Assembly Proceedings, April 1650 1 7 An Order concerning the charge of redeeming the two Children of Thomas Allen deceased. Vppon the Reference from the Provinciall Court concerning the charge of redeeming Thomas Allens two Children from the Indians whether to bee allowed in the Administrators or Overseers Accompt or not, the Testators estate not being sufficient as is alleadged to defray that charge and to pay all due debts, and the publick charge this yeare being like to bee very great and burthensome It is thought fitt and soe ordered by this prsent Generall Assembly That the said two children shall serve any of the said Administrators or Overseers or any other Inhabitant or Inhabitants of this Province till they attaine to theire severall ages of 21ty yeares As the Provinciall Court shall thinke fitt, Such Inhabitant or Inhabitants bearing or paying the said charg of theire Redempcon being 1 500l of Tob: & Caske viz: for the eldest 900. and for the yongest 600 And at the expiracon of theire time of service paying to each of them respectively a Cowe and a Cowe Calfe, 3 barrells of Corne and necessary clothing, But in case any of the said Administrators or overseers on other Inhabitants aforesaid (to bee approved of by the Provinciall Count) that will beare or pay the said charg of redempcon in manner aforesaid respectively, shalbe willing to take them or either of them bound for lesser time alloweing them as aforesaid, or lett them goe free. Hee that will deale most favourably and charitably with the said children or either of them herein and acquaint the said Court therewith before they shalbe bound to any other shalbe first prferred. And this Assembly doth further declare that they thinke fitt that Georg Manners be allowed 200l of Tob: and Caske for his Corroners ffee and other paynes menconed in the Administrators Accompt.     Ordered Vt Supa.        Assented Vt Supa. (Archives of Maryland, Vol. I, p. 297) Court and Testamentary Business, Province of Maryland, Liber A, 1649-50 28 dec [1649] Robert Allen sonne of Tho: Allen dec. his marke for Cattell and Hoggs Viz: both Eares slitt and the vndersides cropt offe 27 dec. [1649] 27 May 1650. According to the liberty and direccon of an order made the last Assembly concerning the charge of redeeming the children of Tho: Allen deceased Willm Marshall this day doth vndertake at the next Cropp to pay the 600 l of Tob: and Caske for redempcon of Robert Allen the yonger of the said two Children, and hath deposited a Bill of 300' of Tob: and Caske payable the tenth of November next to him the said Willm Marshall from Walter Waterling in Mr Secretaries hands, in part of paymt And the said Child to bee at liberty to live with him the said Marshall or any other whom the said Child shall best like of without any Tye or restraint of servitude Witnes his hand Sign T'estor Tho: Hatton W x Marshall (Archives of Maryland, Vol. 10, 1649-50, p. 51) Court and Testamentary Business, Province of Maryland, 1649-50, Liber A, p. 354, 15th Sept 1650 Lt Richard Bancks freely ingageth himself to satisfy the 900 l of Tob: and Caske for the redempcon of Thomas the sonne of Thomas Allen deceased according to the order of Assembly for that purpose without any consideracon of servitude or any other consideracon whatsoever but his free love and affecconwitnes his hand the day and yeare aboue said Richard Banckes Testet Tho: Hatton Barnaby Jackson (Archives of Maryland, Vol. 10, 1649-50, p. 31)

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23 Jany. 1650 Court and Testamentary Business, Province of Maryland. Liber B, Folios 188-190. Deed of Trust dated 18 Nov 1650 by Thomas Green of St. Mary's County, Maryland.

These presents Wittness that I Thomas Green of St Maries in the Province of Maryland Esq at the desire and request of my Loveing wife Winifred Green and out of my Natural affection I bear to my Loveing Children Thomas Greene Leonard Green Robert Green and ffrancis Green with divers other reasons me thereunto moveing, have assigned given and made over, and Doe by these presents assign give and make over unto my Loveing friends, Henry Adams & James Langworth, All my whole Estate in the Province of Maryland or elsewhere, as well of Lands and title thereunto as of goods Servants Cattle Swyne, debts or whatsoever else is any ways mine now or hereafter may be unto me within the Said Province or elsewhere to the uses and intents following vizt That my Loveing wife Winifred be really possessed of all and every part and parcell of my foresaid Estate for her freely to use and enjoy the Same in her own person during the term of her Natural life without Wast diminution or alteracon thereof Saving the Value of one thousand weight of Tobacco to be delivered to my most honoured friend Thomas Copley Esq or his Successors whenever I Shall happen to die, In testimony I die a faithful Christian and desire the prayers of the holy Church, Provided also that my Self during my life, and that my Loveing Children Thomas Green Leonard Green Robert Green and ffrancis Green aforesaid, and what other it Shall please God to Send me hereafter be Sufficiently maintained and Provided for out of the Same both for Subsistance and Education answerable to their quality untill each of them respectively come to eighteen years of age, And that my present true reall and proper debts be also paid with all possible Conveniency, And that at the end of ten years next following the date hereof She my Loving wife Winifred Green deliver or Cause to be delivered unto my Loving and Eldest Son Thomas Green the first part of all Such Estate in kind as Shall then and at that time be in her possession or in Value as my Said Son Shall desire for his portion appointed him by me if he Shall be then liveing, else It Shall be Lawfull for my foresaid Dear wife Winifred Green to Convert the Said fifth part to her own proper use at the Expiracon of the foresaid ten years without any account to the rest of my Children, And that at the end of thirteen years from the date hereof She my Loveing wife Winifred Green deliver or cause to be delivered unto my Second Son Leonard Green, the fourth part of all Such clear Estate in kind as Shall then and at that time be in her possession, or in value as he the Said Leonard Green Shall make choice of for his porcon appointed him by me, If he Shall be then liveing, Else the Whole Clear Estate aforesaid to remain to the Sole psonal use and benefit (with the Provisoes aforesaid) of my Loving wife Winifred Green untill the end of fifteen years from the date hereof, And then to deliver or cause to be delivered unto my Son Robert Green the third part in kind of the whole Clear Estate aforesaid as Shall then and at that time be in her possession or in value as he the Said Robert Green Shall then make choice of for his portion appointed him by me If he Shall be then liveing else the whole clear estate afd to remaine to the sole personal use & benefitt wth adviso afd of my loveing Winiferd Green untill the End of seventeen years from the date hereof & thn to Deliver or cause to be delivered unto my Loveing son ffra Green one intire halfe in kind of the whole clear Estate afd as shall then & at tht time be in her possession or in Value as he the said Francis Green shall think fitt for his portion Appointed him by me if he shall be then liveing else one intire half of the whole clear Estate afd then and at that time in the possession of my Dear wife Winifred Green to remain wholly and Solely with the provisoes aforesaid to the proper use and benefit of my Said Dear wife Winifred Green forever And the other half equally to be divided between Such other issue as it Shall please God to Send me after the date hereof for their respective porcons appointed them by me If there Shall be any Such then liveing, And if not then the foresaid half wholly to accrue to my Dear wife Winifred Green her use and profit forever, Provided She be not afore invested with the half appointed by me for my Son ffrancis Green his porcon, nor with the other fifth part appointed by me for my Son Thomas his porcon by reason of either of their deaths as is afore allowed her by me in which Case the half aforesd Shall be divided by equall porcons among the brothers then Surviving And if at the end of 17 years from the date hereof She my Loveing wife Winifred Green Shall not be invested wth of the foresaid parts, and that I Shall have any future issue then also liveing, That then an equal Share be deducted by her my Loveing wife Winifred Green out of the half afore appointed by me for Such issue and applyed to her own proper use and benefit forever, And if it Should Soe fall out wch God forbid, that my dear and Loveing wife Winifred Green Should happen to die afore any the Several respective years above menconed, That my Several respective Children's porcons are to be paid them respectively out of the Said Estate as afd That then it Shall be good and Lawfull for her my Said Dear wife Winifred Green to give and dispose of at her death at her pleasure of the one fifth part of the whole clear Estate then remaining in her possession, If it be within the ten first years, If after the ten and within the 13 years then the fourth part, If after the 13 3 and within the years then the third part to be at her disposall as afore, And if after the 15 and within the 17 years, then the one half of what She Shall be then possessed of to be at her disposeal as afore Giving further power by these presents in the Case aforesd to my Loveing friends Henry Adams and James Langworth or to the Survivor of them or to his Assignee to ReEnter upon the remainder of the Said Estate to the intents abovesaid (that is to Say) ffreely to possess the Same in their own persons for my respective Children's use and my own livelihood as is above at large expressed, allowing my Said Loving friends Henry Adams and James Langworth each of them, the Value of Six hundred pounds of Tobacco and one third of the Male Cattle Increase between them for their pains and care they Shall be at in manageing the Said Estate to my respective Childrens use profit and advantage at the Several days of payment above expressed of their Several respective porcons And if it Should Soc please God as that at the end of the years aforesaid or at any time afore there Should be neither wife nor Child of mine then liveing, that then the whole Estate aforesaid be disposed of as followeth, ffirst that three parts thereof be delivered by my Loveing friends Henry Adams and James Langworth or the Survivor of them or his assigne as afore unto my honoured friend Thomas Copley Esq or his Successors to be imployed by him or them to Such Charitable uses as he or they in their discretion Shall think most tending to the honour and glory of Almighty God either in this Province or elsewhere, my own decent livelihood during my life being herein always Comprehended, Then that the other ffourth part remain to the Sole benefit of my Loveing friends Henry Adams and James Langworth or to the Survivor of them or to his Assignee as afore forever In Wittness of all which I have hereunto Set my hand and Seal the 18th of November 1650
All the Interlines being 6 in number were made before the Signment

Signed Sealed and delivered Tho: Greene
in the presence of
Richard Willan Signed Alice Smith
(Proofed copy of the electronic edition of the Archives of Maryland, Vol. 10, pp. 88-90)

Editors: According to Patents 2:346, Leonard Greene and Thomas Greene were transported by their father, Thomas, Sr. in 1644 (Gibb), but Thomas Greene was already in Maryland presuming he is the same who sat in the Freeman's Assembly of 1637

According to the research of Mrs. G.W. Hodges, her source not known, Thomas Greene married (1) Ann, sister of Sir Richard Gerrard, Knt., and widow of --- Cox (The Ark and The Dove). According to Patent Records ABH:6, "Thomas Gerrard [sic] immigrated in 1633, and by 1648 had married Mrs. Winifred Seyborn, who immigrated in 1648 (Gibb). This same record, however, also states that Thomas Green [sic] was transported in 1644, and it is thought by Gibb that the surname Gerrard may be a transcription error and actually Thomas Greene (which may explain Mrs. Hodges' statement that Thomas married Ann (Gerrard?) Cox).

According to Skordas, Mrs. Winifred Seyborn immigrated in 1638, and afterwards married Thos. Green, Esq., and later, Mr. Robt. Ceart. (Patents ABH:6 and 57. Skordas) and Mrs. Winifred Seyborne immigrated in 1638, "the wife of Thomas Greene" (Patents 2:346, ibid.). Another entry in Skordas states that Mr. Robert Clark [sic] married prior to 1654, Winifred, widow of Thomas Green, Esq., citing Patents ABH:403. Other patent records indicate that one Thomas Greene married by 1664, Jane, widow of Nicholas Harvay, by whom she and their daughter, Frances, had been transported to Maryland in 1641 (Patents CC:53-4, transcript 7:62, and ABH:102). (Skordas). Elsewhere, however, this compiler states that Jane, widow of Nicholas Harvey, married Thomas Greene by 1653 (Patents 7:62)

Thomas Greene was the second Governor of the Province of Maryland, appointed by the first Governor, Leonard Calvert, from his deathbed in June of 1644 (Calvert also termed Leonard Greene his godson in his nuncupative will). Thomas Greene served until March 1649 when he was succeeded by William Stone, who was commissioned by the Proprietary on 6 Aug 1648, and assumed office in April, 1649. During absences from the Province, those acting as governor by Stone's appointment were Thomas Greene, May to July, and September to December, 1649; and Thomas Hatton, June, 1650.

Why Thomas Greene signed the above document (rather than a standard will) is not known.

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End Volume I
(Electronic Edition)