Individual Details

Hezekiah's Will http://trees.ancestry.com/rd?f=document&guid=50954c2c-f 5 7f-4e33-a714-a222384e3717&tid=12262405&pid=1406 Hezekiah's Will http:/ / trees.ancestry.com/rd?f=document&guid=91f9e652-d116-4a4e-a405-d961567 b 1 934&tid=12262405&pid=10200Hezekiah's Will http://trees.ancestry.com/rd ? f=document&guid=91f9e652-d116-4a4e-a405-d961567b1934&tid=12262405&pid = 1 0200Assembly Proceedings, May 24 June 22, 1768. N :'b0 26: An Act for t h e relief of certain Languishing Prisoners in the several Goals therein m e ntioned [Preamble, relieved by this Act] Whereas Clement Spalding, C h arles Holt Flower, Thomas Cooke, Names o f the County Ignatius Edw a rds, John Higdon & Robe rt Huston o f St. Mary's Tho mas Freeman, Richard Young, John Ruffe and David Priso ners Wilkinson o f Calvert County Peter Roby, Presly Cahiell, Mark Lati mer, George Lov ely, John Talimage, Robert Wilson, Catharine McDonal , George Waple, Jo hn Wade, Grace Pilkington, William Hudson & John Lamm ond Joseph Nalley , John Luckett, Elisha Harbin, Cornelius Maddox, Thoma s Nalley and Joh n Gilmore of Charles County Joseph McCubbin, John Berr y, Thomas Todd a nd Thomas Town o f Ann Arundel County Joseph White and B enjamin Kidwel l of Prince Georges County John Bain, Francis Harris, Wil l iam Conhold , Thomas Dey, William Andrews George Grehon, William Jones, J ohn Clay, J ames Oliver and Richard Treadwell o f Baltimore County Wil liam Banks W alls, John Metcalf, John Row, Josias Talburt, John Alexande r Brown, Ch ristian Shock, John Weaver, William Drown, Alexander Crawfor d, Richard B ealle, Jacob Sharrer, Robert Martin, John Ross Mellan, John W aters, Fr ederick Clabough, Thomas Witten, George Henback and Thomas Dav is of Fr ederick County Samuel Owens, William Ford, John Kennerly Thomas P hilli ps and Arthur Marshall of S omerset County Stephen Bissell, Mit chel l King, Thomas Butler , William Handcock, John Benson, George Grear , D aniel Handcock, J ohn Permwell, Ezekiel Claywell, Joshua Wheeler, Da vi d MeCl uer, Solomon Small- wood Jonathan Dyer, John Baker, Philip Gut t e rie, Christopher God love Schoglamer and John Cornwell o f Wor c ester County Richard Blackburn Jackson, Thomas Davis, Robert Porter, D a vid Covenover and Griffith Williams of Caecil Co unty N i cholas Bowdle Hezekiah McCotter and Robert Parkinson of Dorche st e r County George Harrington, William Dockery, Joseph Nevill, William Ho r n, Thomas Farrell and Joseph Harris of Queen Anns County William Gre e nwood, Benjamin Steed, Robert Phillips, John Briscoe and Patrick Dugan o f K ent County Benjamin Buckler, John Dart, Alexander Anderson and Edwar d P ower o f St Mary's County and John Long of Balt im ore County by their Petitions to this General Assemb ly have set for t h That they have respectivel y continued Prisoners for Debt in the Cus t ody of the Sheriffs of th e respective Counties afore said for a consi d erable Time Past and sti ll continue in the like deplorable Circumstan c es not being able t o redeem their Bodies with all the Estate or Inter e st they have in t he World which they would readily surrender up and p a rt with to the ir several and respective Creditors if they would accep t o f the sam e and grant the said Peti tioners their Liberty which sums s o u nlik ely for them to obtain that (unless relieved by a particular Ac t t o b e passed in their favour which by their said Petitions they have h u m bly prayed) they must inevitably continue Prisoners for Life An d as t h e Allegations of the said Petitioners appear to this General A ssembly t o b e true and that their lying Goal can be of no Advantage t o their Cr ed itors it is humbly prayed that the said Petitioners m ay be relieved a c cording to their Prayers and that it may be Enacted And be it Enacted b y t he Right Honoura ble the Lord Proprietary [Prisoners by and with the A d vice and Consent of hi s Lordships Governor and to be discharged on th e u pper and Lower Houses of Assembly a nd the Authority of the deliveri ng u p same That in Case the said Prisoners sha ll deliver up and Surren der t heir Effects, or cause to be delivered up and Surrende red to the S her iffs of the respective Counties aforesaid in the Pres ence of two Ju st ices of the Peace of the Counties aforesaid whom the s aid Sheriffs a r e hereby required to summon at the request of the s aid Prisoners at s o me convenient Time after the end of this Se ssion of Assembly all thei r r eal and personal Estate either in Possession Reversion Remainder o r in T rust or in or unto which t hey have any Claim or Interest what so ever a nd likewise convey As sign Transfer and make over unto the Sherif fs re spectively for the U se of the said Creditors all such their Estat e In terest or Clai m as aforesaid after such Manner as by the said Sher iff s and by t he Major Part of such Creditors or such of them as shall t h ink fit to d irect therein or their Counsel Learned in the Law shall r e asonably d evise or require at the Costs and Charges of the Persons wh o s hall Clai m Benefit thereof so that the said Prisoners be not burthe ne d wi th any Warrantees thereby other than against themselves or those C l a iming by from or under them and that the said Prisoners at th e Time o f s uch their Surrender and Transfering their Estate as a foresaid shall t a ke their Solemn Oaths (or Affirmation if Quakers be fore the said two J u stices aforesaid to the Effect following Viz.t `` I A B do Affirm or S o lemnly Swear [The Oath] That the Goods Debts and E ffects which I have d e livered Assigned and made over to the Sheriff of Coun ty in Trust for t h e Use of my Creditors is the w hole Estate both real and Personal of m y o wn in Possession or t hat I have any title to in the World and that I h a ve not any Es tate Goods or Effects of any kind whatsoever left either i n p osse ssion Reversion or Remainder (the Necessary Wearing Apparel of m y s elf Wife and Children and Working Tools excepted) and that I h ave n ot d irectly or indirectly sold leased or otherwise conveyed di sposed o f o r intrusted all or any part of my Estate thereby to def raud my Cred it ors or to secure the same to receive or expect any Pr ofit or Advanta g e thereof, So help me God´´ It shall and may be law ful for the Sherif f s of the Counties aforesaid to discharge the s aid Prisoners and suffe r t hem to go at large. And be it further Enacted that if t he said Pris on ers or any of them shall be arrested or Imprisoned o n any Process Su e d out on any Judgment or Decree obtained agai nst any of them for any D e bt Damages or Costs Contracted owing or g rowing due before the End of t h is Session of Assembly the C ourt out of which such Process issued sha l l and may dischar ge such Prisoner on Motion And if the said Prisoners o r a ny of t hem shall be Arrested or Imprisoned on any Process for the R e c overy of any Debt Damages or Costs contracted owing or growing d ue b e fore the End of this Session of Assembly the Court or Jus tice before w h om such Process shall be returned shall and may disc harge the Party A r rested out of Custody on his or her common appe arance being entered w i thout any Special Bail. Provided That the d ischarge of the said Priso n ers or any of them shall not acquit any o ther Person from such Debt D a mage or Cost or any part thereof b ut that all such persons shall be a n swerable for the same in such M anner as they were before the passing t h is Act. Acts Provided always and be it Enacted That notwithstanding t h e Liber H . S. Discharge of the said Prisoners or any o f them all a n d every Debt [Debts to No. 1 or Debts due and owing from him her or t h e m and all and every stand good Judgment had or Decree obtained against h i m h er or them shall stand and be good and effectual in Law t o all Inte nt s and Purposes against the Lands Tenements and Heredit aments Goods a n d Chattles of him her or them or which he she or t hey or any other Pe r son in Trust for the Use of him her or them ha d at the Time of the di s c harge of the said Prisoners or any of t hem or which he she or they a t a ny Time hereafter shall or may be a ny way seized or possessed of or I n terested in to his her or their o wn Use or in his her or their own pr o per Right either in Law or Equit y (except the Wearing Apparel Beding a n d Working Tools of him o r them not exceeding the sum of ten Pounds Cu r rent Money) an d it shall and may be lawfull for any of their Creditor s t hei r Executors Administrators or Assigns to take out new Execution o r E x ecutions without any Scire facias previous thereto against t he La nds T enements or other Hereditaments Goods and Chattles of the s aid Pr ison ers or any of them (except as before Excepted) for th e Satisfactio n o f his her or their Debts in such sort Manner and for m as he she or t h ey might have done if the said Prisoners or any o f them had not been t a ken in Execution or discharged by Virtue of t his Act And be it furthe r E nacted by the Autho rity aforesaid that if any [Actions of Action of E s cape be brought against any S heriff or any Suit or Esca pe] Action aga inst any Justice or Justices f or their performing their D uty in Pursu ance of this Act he or the y may plead the General Issue an d give this A ct and the Special M atter in Evidence and if the Plaintif f be non sui t or discontinu e his Action or Verdict pass against such P laintiff or J udgment upon D emurer the Defendant shall have and recover d ouble Cost s. Provided also That nothing in this Act s hall extend or be C on- [ Proviso, as strued to extend to bar any Creditor or C reditor s of the b efore to Escape] mentioned Prisoners from ha ving and m ai ntaining any Action of Escape against any Sheriff who hath p er mitt ed any Escape before the making of this Act. Provided Neverthele ss Tha t in Case any o f the said Prisoners [In case of s hall a t any Time after making such Oat h or Affirmation as afore- P er jury] said be Convict of willful and corrupt P erjury thereupon or of a w i llfull Breach or non-compliance with t he Tenor of such Oath or Affirm a tion as aforesaid that then the s aid Prisoner shall upon such Convict i on as aforesaid be wholly depri ved of any Benefit intended to him her o r t hem by this Act and shal l from thenceforth be liable to be prosecut ed f or any Debt or Demand s whatsoever in the same manner as if this Ac t h ad never been ma de Any Thing to the Con trary notwithstanding [Sher if fs Fees to be first paid] Provided Also that the respective Sherif f s o f the Counties afore Liber H. S. said shall be first paid an d s atisfied for their I mprisonment ffees No. 1 befo re any Cred itor or Creditors shall have o r receive any Share p. 712 o r P art of the Estates of the said Prisone rs respectively or of the Pro du ce thereof And be it further Enacted That after Pu blick Notice given b y A dvertisements set up at the Court Hous e Door of the County thirty D ay s at the least of the Sale of any of t he said Prisoners Lands and [N o tice to be given five Days at the l east of the Sale of any the said P r isoners other Estate of the said Sheriffs to whom any of t he said Est a tes real or Personal the shall be surrendered and deliver ed up in Pu r suance of this Act shall set up and expose such Estates to Sal e by wa y o f Publick Vendue in the Presence of one Justice of the Pea ce and th e P roduce arising by such Sale shall be by the said S heriffs in manner f o llowing paid and satisfied (that is to say) afte r satisfaction of the a f oresaid Imprison ment Fees that the Estate and I nterest of the afores a id Prisoners respectively upon which their J udgment Creditors or any C l aiming or that shall Claim under them b y Assignment or otherwise have o r s hall have any Lien or the P roduce thereof shall be in the first pla ce a fter satisfaction of the S heriffs as aforesaid applied to the disc har ge of the said Creditors a ccording to the order and Priority of the ir J udgments and the Lien a rising therefrom and that the residue of th e E state and Inter est of the said Prisoners respectively or the Produc e t hereof shall be d istributed among all their Creditors that shall ap pl y there for with in thirty Days after the aforesaid Sale in equal Pro p ortion to their De mands And be it further Enacted that all the A ccou n ts Bonds Notes and [Bonds, &c. ] other Demands which any of the s ai d P risoners have against any the Prisoners to be as- Person o r Persons w h atsoever shall be by the said Prisoner or signeot Prisoners Assigned t o t h e Sheriff in whose Custody such Prisoner or Prisoners shall be at t he T i me of their discharge and that such Sheriff or Sheriffs shall and m a y m aintain an Action or Actions on such Demands as Assignee of suc h Pr is oner or Prisoners in his own Name. Provided always That such Cre dito r o r Creditors require and demand such Sheriff to sue and g ive to such S h eriff a Bond to indem nify him against any charge tha t may accrue to h i m by means of any such suit and in Case of Recove ry that then the She r iff make distri bution of what shall be recover ed to the Person or Pe r sons giving him such security as aforesaid [Prisoners, And be it furth e r Ena cted by the Authority aforesaid that if any if single, to be sol d f or to of t he Persons intended to be relieved by this Act are and sh al l be Five Years] of sufficient Ability of Body to Labour such Person o r P erson s not having a Wife or Family shall b e and are hereby obliged t o s erve for a Time not exceeding five Y ears to any Person or Persons w ho a re and shall inclined to purch ase the Time of Servitude of such De bte r or Debters and that the r espective Sheriffs in whose Custody the a f oresaid Debtors or any of them are be and are hereb y Author- Liber H. S . i zed and obliged to summon two Justices o f the Peace in the respec- N o . tive Counties at the request of the sai d Prisoners as soon as Con v e niently may be after the End of this S ession of Assembly and after gi v ing five Days notice at the Court Ho uses of the respective Coun ties o f t he intended sale of such Debto r or Debtors expose to Sale in the pr es ence of the said Justices su ch Debtor or Debtors and the Time of his o r t heir Servitude to the h ighest Bidder and the Money arising from suc h S ale shall be as Effe cts of such Debtor or Debtors in the Hands of t he r espective Sheriffs S ubject as aforesaid to a Distribution in Manne r a foresaid and th e Sale and Service of such Debtor or Debtors as afor es aid is hereb y directed to be taken as a full and sufficient Acquitta l a nd disch arge against all Debts due from such Debtor or Debtors befo re s uch Sale . Provided that in Case it shall appear t o the Satisf act ion of the said Justices that any of the said Debtors h ave offered s i nce their Confine ment to make Satisfaction to their Cred itors by Ser v itude and that their Creditors have refused to Accept t he same that t h e Time such Debtors have been confined in Prison sh all be deemed and t a ken as Part of the aforesaid five Years and th at they shall be oblige d t o serve only for such Time as will compleat fiv e Years from the Day o f s uch Offer of Servitude And that in Case any s uch Single Persons as a f ore said have been confined in Prison for f ive Years or any longer Ti m e that the said Persons so confined shall b e discharged upon the same T e rms and in the same manner that Perso ns having Families are by this A c t directed to be discharged By the Lower House of On Behalf of th e r i ght By the Upper House of Assembly 21.st June 1768 Honble the Lo rd Pr o - Assembly 21.st June 1768 Read and Assented to prietary of this P rov i nces Read and Assented to Sign'd by Order I Will this be a L aw Si g ned by Order T. Wright Cl: Lo: Ho: H oro Sharpe U Scott Cl. Up. Ho. t h e Great Seal in Wax Appendant Hezekiah's Will http://trees.ancestry . com/rd?f=document&guid=50954c2c-f57f-4e33-a714-a222384e3717&tid=12262 4 0 5&pid=1406 Hezekiah's Will http://trees.ancestry.com/rd?f=document&gu i d=47a523bc-6fca-4e20-8622-1eb7566641b1&tid=44039842&pid=4676

Residence	Bet 1663 and 1800	North Carolina, USA
Birth	1734	Bullenbrooke, Talbot, Maryland, United States
Event	1759	Maryland
Maryland Assembly Proceedings	21 Jun 1768	Debetors Release - Maryland
Marriage	Bef 26 Mar 1778	Craven Co. NC - Nancy Ann Martin
Tax Register	1779	Craven County, NC - District 4
Property	11 Aug 1780	Craven Co. NC
Census	1790
Death	9 Aug 1791	Craven, North Carolina, United States
Will	9 Aug 1791	Craven Co. NC
Marriage	24 Nov 1814	Dorchester Co., MD - Living
Marriage	23 Dec 1819	Dorchester Co., MD - Living
Residence	1820	Election District 5, Dorchester, Maryland, United States
Burial		Unmarked grave in Hickman-Riggs Cemetery, Craven Co., NC
Event		1

Spouse	Nancy Ann Martin (1741 - 1800)
Child	Elizabeth McCotter (1761 - )
Child	Mary Margaret McCotter (1764 - )
Child	Martin McCotter (1768 - )
Child	Archibald McCotter (1773 - 1834)
Child	Jesse McCotter (1774 - )
Child	Sally McCotter (1774 - 1799)
Child	John Robert McCotter (1776 - 1833)

Spouse

Living

Spouse

Living

Father	Hezekiah McCotter Jr (1716 - 1750)
Mother	Elizabeth Trayman (1716 - 1758)
Sibling	John McCotter (1734 - 1762)
Sibling	James Sr McCotter (1737 - 1802)