Individual Details
Thomas Matthews , Dr.
(Abt 1620 - Bef 11 Mar 1675/76)
Notes:
First mention of Thomas Matthews is 28 Jan 1647/48.
Archives of Maryland; Volume 10, Court and Testamentary Business, 1655. Page 426;
At a Court held at Putuxent the 3d of October 1655: Thomas Mathewes hath openly in Court Confessed himself to be a Roman (Catholic). Thomas Mathews being found in the last Rebellion of Capt Stone and his Complices, Shall find Sureties for the Good abearance to the present Government. William Mills undertaketh in Court to be Surety for Thomas Mathewes for his good abearance to the present Government and the people under the Same in the penall Sume of one hundred pounds Sterling Wm Mills
Thomas died in Susquehannock Fort before the 15 Jan 1676/77 deed of gift that Jane executed to her children.
Matthews, Thomas, Chas. Co, 9th Jan, 1675; 11th Mar., 1675/76.
To wife Jane, execx, 300 A. "Huckleberry Swamp" or "Beckley," in Chas. Co.; 400 A. "St Helen's" and "Matthews' Hope" at St Helen's; also personalty for the use of herself and testator's children.
" son Thomas and hrs, 700 A, part of tract on Mattawoman Branches.
" dau. Mary, wife of Capt. Boreman, and hrs, part of tract afsd. given to son Thomas, and 255 A, "Hill Freehold" at St Mary's.
Test: Ignatius Caussin, Marke Lankford. 5. 83.
Thomas Mathews 4.377 I CH #11280 Aug 22 1677
Appraisers: George Oldfield, William Salisbury.
Dr. Thomas Matthews 4.379 A CH #71085 #71085 Oct 13 1677
Payments to: William Guither for Robert Ridgely, Joshua Doyne for Kenelme Chizeldyne, Richard Edelen for John Lemaire, Thomas Helgar for Richard Dodd, Milliard Veren attorney for Richard Wharton & Co, Richard Robinson, Philip Lynes, Elisabeth Young for Richard Ambrose, John Hartwell, Gerit Vansweringen, Mathias Dacosta for Robert Ridgely, Thomas Warner, Andrew Wheatley, John Lee, George Charlesworth.
Executrix: Jane Bread (relict).
Hi, List,
I am coming to the point of thinking that Thomas and Hester was a separate family, parents of the Thomas who married Jane Cockshutt and it is indeed Jane's son Ignatious who was the heir apparent mentioned in the entry concerning the dispute between William Guyther and the Mathews family. Notice in this entry the mention of Thomas Mathews elder and younger, and Ignatius as the son and "heir apparant" of Thomas Mathews younger.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1677; Page 496; Liber P C page 110.
In Chancery Att a Court of Chancery held att the Citty of St Maryes the 27th day of Maij in the first yeare of the Dominion of Charles &.ca.
Between Wm Guyther gent. Compit and Ignatuis Mathews an Infant Sonne & heire of Thomas Mathews the younger deceased who was Sonne and heir to Thomas Mathews the Elder decd by Wm Boareman Gentl his guardian Defendant (see note below)...before a day was by this Court appointed for the hearing thereof the said Thomas Mathews the Elder dyed leaveing behind him Thomas Mathews the younger his sonne and heyre who presently after dyed alsoe and soe the Said suit abated and the Said Thomas Mathews the younger left behind the Defendant Ignatius Mathews his sonne and heyre an infant who claymed right to the Premisses either as heyre to the said Thomas Mathews the elder or by vertue of some other Right by will or otherwise.
****This item is an order to pay court costs to William Guyther and is delivered to Ignatius, son of Jane, and the costs are demanded of his parents.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1679. Page 242;
Charles &c To Ignatius Mathews of Charles County Greeting We Command you that Imediately after the Sight hereof you pay unto Wm Gwyther of St Mary's Coty or the bearer of this writt the Sume of Six thousand two hundd & Seven pounds of Tobacco, Costs adjudged him the Sd Wm Gwyther by our Court of Chanry in a Cause there depending between him the Sd Wm Complt & you defendt & hereof you are not to fail under the pain Ensueing Wittness our Self at our City of St Marys ye 5.th day of July in the third year of our Dominion &a Annoq Dom 1678 The Originall was Delivered by Mr John Hartwell on the third day of Octobr 1678.
Robert Carvile
On the backside of ye aforegoing writt was Written Vizt Wm Gwyther plt Ignatius Mathews deft; John Hartwell maketh Oath that upon the third day of Octobr Instant he did deliver to Mr John Breed of Charles Coty a writt of Subpa issued out of the high Court of Chancery of which this is a Copy under the Seale of this Court & that the sd Ignatius Mathews & his mother the wife of Mr John Breed was then & there prsent & this Depont did then demand of the sd Ignatius & his sd father & mother the tobacco within menconed but they refused to pay the Same nor have they yet paid the Same to the plt or this Depont to this Deponts knowledge. John Hartwell Sworn in Open Court. Nic Painter CI
****Then this item, Ignatius' will naming his brother William, and the only William I have found was the son of Jane.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1685 To 1702 Volume II, p. 156
Mathews, Ignatius, 19th Feb., 1697; 21st July, 1698.
To wife Mary and brother William, personalty.
" son Thomas, 1200 A. (unnamed) on e. side Potomac R.
Test: Wm. Thompson, Dan'l Kelley. 6. 153.
****Notice the date given on this item--especially the "yeare of the dominion of Charles" part. This is the item whereby William Guyther petitioned to re-open the case to get the disputed land from the Matthews family, the suit orignally started against Thomas Matthews, the elder. William Boarman was named as Ignatius' guardian.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1677. Page 496
In Chancery Att a Court of Chancery held att the Citty of St Maryes the 27th day of Maij in the first yeare of the Dominion of Charles &.ca;
Now notice the date given on other cases (there are many more dates like this):
the second day of March in the first yeare of our Dominion over our said Province Annoq Dmi. One Thousand six hundred Seaventy five.
y 14th Day of November in y first yeare of y Dominion of y Rt: Honorble Charles over Maryland &c Annoq Dom: 1676
this 27th day of January in the second yeare of his Lopps Dominion over this Province Annoq Dom.1676:
the day of 5th Octob: in the Second yeare of the Dominion of his sd Lopp Charles &ca: Annoq. Dmni 1677
the three twentieth day of ffebruary in the third yeare of the Dominion of Charles Lord Balte more Anoq Doni 1677
the Eighteenth day of June in the third yeare of the Dominion of Charles &c Annxp Doni 1678.
the fourteenth day of March in the fourth yeare of the Dominion of Charles Lord Baltemore Annoq Dni 1678.
the fourth day of June in the fourth year of the Dominion of Charles Lord Baltemore &Ca Annoq Domini 1679.
this twelfth day of ffeb.ry in the fifth Year of the Dominion of Charles Lord
Baltemore &c Annoq Dom 1679.
That makes the above date, "27th day of Maij in the first yeare of the Dominion of Charles", 27 May 1676. Meaning Ignatious already had the land by this date, but he was underage, born after May 1655. The date being born out by this entry:
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675-76. Page 175;
March 20th 1675/76: Subp.a Ignatius Mathews Jane Mathews, W.m Boreman & Mary his wife to Answer a Bill in Chan.ry at y.e Suit of W.m Gwither rt 4th Apll next R
Carvile p Comptt.
***And then we have these items which would possibly apply to a third Thomas Matthews. I'm going to post the entire transcript but it basically says that Thomas Matthews filed three lawsuits and answered in court by his attorney on 13 Feb 1677/78. Jane (Cockshutt) Matthews made the deed of gift to her Matthews children 15 Jan 1676/77. Keep in mind that both Thomas the elder and Thomas the younger were dead by the date of the above William Guither lawsuit 27 May 1676 and Thomas (husband of Jane) had his will proved 11 Mar 1676/77.
Archives of Maryland, Volume 67, Provincial Court Proceedings, 1677/8; Page
224-5;
13 February 1677/78
***Tho: Matthews agt John Jerome, Mrchant: Comand was given to the Sheriffe of
St Maryes County that he take John Jerome late of his County if he should be
found in his bailywick & him safe keep so that he have his body here the fourth
day of Decembr in the third yeare of his Lordpps dominion &c to answer unto
Thomas Matthews in a plea that he render unto him his reasonable accompt for the
tyme he was Receiver of the tobacco of him the said Thomas to the proper use of
him the said Thomas, Which said fourth day of Decembt on which the said Court
ought to have been held was by his Lordpps Writts of Adjournmt adjourned untill
the thirteenth day of ffebruary then next following.
Att which said thirteenth day of ffebry the same Sheriffe maketh returne of the
writt aforesaid that the said John Jerome is not found in his bailywick
Whereupon the said Thomas by Kenelm Cheseldyn his Attorney prayed an Attachmt
agt the Estate of the said John Jerome according to Act of Assembly in that case
made & provided, & itt is granted unto him
***Thomas Matthews agt George Southerne: Comand was given to the Sheriffe of St
Maryes County that he take George Southerne if he should be found in his
bailywick & him safe keep so that he have his body here the fourth day of
December in the third yeare of his Lordpps Dominion &c to Answer unto Thomas
Matthews in a plea of trespas upon the case, Which said fourth day of Decembr on
which the said Court ought to have bin held was by his Lordps Writts of
Adjournmt adjourned untill the thirteenth day of ffebruary then next following.
Att which said thirteenth day of ffebruary the same Sheriffe maketh returne of
the writt aforesaid that the said George Southerne is not found in his
bailywick, Whereupon the said Thomas by Kenelm Cheseldyn his Attorney prayed an
Attachmt agt the Estate of the said George Southerne according to Act of
Assembly in that case made & provided, & itt is granted unto him
***Tho: Matthews agt John Quigley: Comand was given as heretofore to the
Sheriffe of St Maryes County that he take John Quigley if he should be found in
his bailywick, & him safe keep so that he have his body here the twelfth day of
ffebruary in the third yeare of his Lordpps Dominion &c to Answer unto Thomas
Matthews in a plea of trespas upon the case Which said twelfth day of ffebruary
on which the said Court ought to have bin held, was by his Lordps Writt of
Adjournment adjourned untill the thirteenth day of the same month
Att which said thirteenth day of ffebruary the same Sheriffe maketh returne of
the writt aforesaid that the said John Quigley is not found in his bailywick,
whereupon the said Thomas prayed an Attachmt against the Estate of the said John
Quigley according to Act of Assembly in that case made & provided & itt is
granted unto him.
****This is the "see note below" part left out before the ****....
This cause Standing Revived in the Paper of causes ready for a hearing on this Present daij in the Presence of the Comp.lt and Robert Carvile his attorneij and in the Presence of Robert Ridgeleij attorney for the Defendent (he nor his guardian appearing though he was duely served with Processe to heare Judgment) the Sub- stance of the Comp.lts Bill appeared to be that whereas heretofore that is to Saij in October Court in the yeare of our Lord one thousand Six hundred Seaventy and four the Comp.lt did Exhibitt his bill of Comp.lt into this Honnourable Court against the Said Thomas Mathews the elder deceased and others Defend.ts thereby Setting forth that one Cap.n W.m Hawleij late of St Maryes County Esq.r haveing right to Six Thousand Acres of Land and upwards in the said Province of Maryland by title derived from Jerome Hawleij Esq late of the said Province deceased as appears by an order of the Provinciall Court bearing date the four and Twentieth daij of March in the yeare of our Lord one Thousand Six hundred fifty & Two his Lordp the Right Honn Caecilius Lord Proprietrij of noble memorij in Consideration thereof and according to the Tenor of his Lorpps Letter under his hand and Seale bearing date att Portsmouth in the Realme of England the Eighth day of August in the yeare of our Lord one Thousand Six hundred thirtij and Six Recorded in the Secretarys office in this Province did by his Letters Pattent under the great Seale of the said Province bearing date the twelfth day of December in the yeare of our Lord one thousand Six hundred fifty and Three grant unto the Cap.n W.m Hawley all that tract of Land on the west side of Chessepiake Bay neare unto a Creeke Called St Jeromes Creeke Beginning on the west Side of the said Creeke att a marked Chesnutt Tree standing neere a marsh or Swamp called St Davids Swamp and Running west from the said Chesnutt for the length of Eighty perches unto a marked Oake in a valeij bounding on the west w.th a line Drawn north from the said Oake for the length of Eight hundred fifty five perches unto a fresh Runn and with a line Drawn North and by West unto the Land of Stanhope Roberts called Drapers Neck on the North w.th the said Land on the East with the said Baij from Drapers neck unto the mouth of S.t Jeroms Creeke on the south with a line drawn west from the mouth of the said Creeke unto the first marked Chesnutt Tree and the first West Lyne Contayning & then layd out for five thousand Seaven hundred Acres more or less together all Profetts Rights & Benefitts there unto Belonging To have and to hold the Same to him the said W.m Hawleij his heyres and assignes for ever to be holden of the mannor West S.t Maryes in free & p. 111 Comon Soccage bij fealty for all manner of Services under the yearly Rent of five pounds fourteene shillings Sterl. or eleaven Barrells and Two Bushells of good Corne as bij the said Letters pattents Ready to be produced under the great Seale of this Province might more att large appear by vertue whereof the said William Hawley became Seized and possessed of the Said Lands and prem- isses in his Demesne of fee and being soe Seized and haveing a great kindnesse & affection for the Comp.lt being his god Sonne and minding & intending to Settle all or most part of the Said Lands & premisses on the Comp.lt & his heyres and assignes for ever hee the said Captain William Hawley did about the yeare of our Lord one Thousand Six hundred fifty and four make his last will and testament in writeing Sealed and published in the Presence of Divers Credible Wittnesses and therein and thereby amongst other things did give devise and bequeath the said Lands and Premisses to the Comp.lt & his heyres and assignes for ever and shortly after dyed leaving the Comp.tt an Infant of about two yeares old after whose death the Comp.lt by vertue of the Said will became Legally intituled to the Said Lands and premisses & then ought to have held and enjoyed the Same according to the will of the said William Hawleij and to have an accompt of the measne profitts raised and Received out of the Premisses from such persons as had held and Enjoyed the Same dureing the Comp.lts minority and the Comp.lt having then lately atteyned his age of one and Twenty yeares & Comeing to looke after his Right & title to the Premisses and to have possession of the Premisses But the Said Thomas Mathews the Elder George Charlsworth Henry Ryder Joseph Hackneij W.m Clawe & Sarah his wife the widow of William Cole dec.d and Richard Cole an infant Sonne and heyre of the said William Cole haveing Combined together to defeat the Comp.lt of his just right and title to the Premisses they or some of them had gotten into Possession of Severall parcells of the Premises & had gotten possession of the said Originall Will of the said W.m Hawleij which they did suppresse and Conseale the same or knowing that the Same in the tyme of the late Rebellions in this Province was Lost or mislaid that the Comp.lt could not procure the Same to Justifie his title to the Premisses they the Said Confederates did deny and refuse to Discover where the same will was or to Deliver up possession of their Severall parcells of land to the Comp.lt whose undoubted Right they were nor would they discover by what right or title they held the Same Contrarij to Equity therefore to enforce a Discoverij of the Said will and to have the said Def.ts Sett forth & discover their Severall titles to their parcells of Land they soe held and to have an accompt of & Satisfaction for their profitts of the Same and that the s.d Lands might be Decreed to the Comp.lt and his heyres for ever according to the will of the Said Cap.t W.m Hawley and that the Def.t might true answer make to the premises & the Comp.It re- lieved therin according to Equity he humbly craved the favourable aid and assistance of this Honn.ble Court and that proces of Subp.a might be thereout awarded against the said Thomas Mathews the Elder George Charlsworth Henry Rider Joseph Hackney W.m Clawe & Sarah his wife and Rich.d Cole to appeare and answer the Prem- isses the w.ch being granted and the Said Defend.ts there withall Served they appeared accordingly and the Said Thomas Mathews the elder putts in his answer to the s.d bill & thereby amongst other things did sett forth that he beleived the said W.m Hawley had Such right to y.e premisses as before is Sett forth and that the Comp.lt was his God sonne and there being great Intimacij between the said W.m Hawley and Nich.° Guyther father of the Comp.it the said W.m Hawley did often in the Def.ts hearing assure the said Nicholas that he would Settle the premisses on him in Consideration of the said Nicholas maintaining the said W.m Hawley dureing his life that the said Nicholas being taken a prisoner att Severne by the Enemys to the L.d Prop.ry and was Condemned to be shott to death but afterwards Escaped and gott for England and in the meane tyme the Def.t had Purchased of the Said William Hawley four hundred Acres of Land on the South side of S.t Ellen Creeke called Mathews hope and for the Same was to give to the Said William Hawly five Thousand pounds of Tobacco and payd in part thereof to the said W.m Hawley in his life tyme to the best of the Def.ts Remembrance about Three Thousand pounds of Tobacco after which troubles ariseing in the Country and the Def.t alsoe being in the service of the said Lord Prop.t and his Lordps Enemeys have- ing also taken the Countrij from his Lopps whereby also his Lord~s friends were looked on as trayto.rs to the then present Government the Def.t neglected to take an assureance from The said Hawleij for the said four hundred Acres of Land and shortly after goeing to the house of the Said Nicholas Guyther Mary wife of the said Nicholas told the Def.t the Said W.m Hawley lay very desperatly Sick and the Country being taken as aforesaid and her husband a Condemned man the said W.m Hawley was minded to Settle the Said Land according to his former premisses on her husband and as she should direct and shee knowing the Def.t to be Concerned in part of the said Land asked his advice which way the said W.m Hawley might Settle the Same to prevent a Seizure by the severn men the Def.t Sayth true it is he that did advise the said Mary that the best way was to have the said Hawley Settle the same on the Comp.lt being an infant of about a yeare old which would best secure the same to the said Nicholas and shortly after the said W.m Hawley dyed and the Defend.lt Comeing after to the said Gaythers house asked the Said Marij if the Said William Hawleij had settled the said Land as hee the def.lt had advised to which shee answered hee had and thereupon fetcht a paper Sealed upp and to the best of his Remembrance shee told him the same paper was the said W.m Hawleys last will where upon the Defend.t would have opened itt & read it but the said Mary hindered him Saying it should not be opened till her husband came into the Countrey but whether the same paper was W.m Hawleys will or not he knoweth not or that thereby the Comp.lt had anij title to the prem- isses and he denyed all Combinacon w.th any person to defeat the Comp.lt and he knows nothing of the said will or ever see the same or a Coppie thereof or read or heard the Same read or that the same was Supprest or Concealed or mislayd in the Rebellious tymes or whether thereby the premisses were devised to the Conip.lt nor any thing else in relacon to the said will then as aforesaid Sayth that after Hawleys death Nicholas Guyther was in possession of all the Premisses (Except what the said Hawley or Gwyther had sold before the death of the said Hawley for the Said Guyther had power from the Said Hawley in his life tyme to Sell the said land as the said Defend.t had often heard the Said Hawley owne) but what was Sold he knows not And the Def.t having bargained and agreed for the Said four hundred acres of Land as aforesaid & paid pant as aforesaid and there being about Two Thousand pounds of Tobacco unpayd of the Purchase and the Said Nicholas being Returned againe and the Province Reduced to his Londps obedience and the Defend.t having had noe assureance from Hawley in his life tyme for the said four hundred acres of Land and the land being as the said Manij told him as aforesaid setled as aforesaid the Defend.t Conceived the said Nicholas could not make the Def.t a good title to the Said four hundred Acres of Land And therefore urged the Said Nicholas Severall tymes to Repay the said Three Thousand pounds of Tobacco but the Said Nicholas assured this Defend.t that he had a good title to the said land and could Lawfully Convey the Same to him and make him a good title of Inheritance Thereupon this Defend.t being Ignorant in the Lawe applyed himseife to the Honn.ble Philip Calvert Escq then Secretarij of this Province and to severall other Eminent and learned persons for advice in the premisses who all assured the Defend.t that the said Guythers Right was good to the Said Land but the Secretanij advised him that unlesse his Lordps Rent were paid the said Land would be forfeited & the Said Guyther Solicited the Def.t to pay the Said Two Thou- sand pounds of Tobacco remainder of the purchase moneij to enable him to paij the Rent aforesaid w.ch the Def.t refuseing untill an assembly Satt the Defend.t thinking that would be the best way to secure his Land to have itt made over in a generall Assembly and thereupon the said Nicholas att a Generall assembly held for this Province by indenture duely Executed in the Lower house of as- sembly and attested by William Evans & Luke Gardner members of the Said house and W.m Britton Clarke of the said house the Sixth day of Aprill Anno Domi one thousand six hundred Sixty & one between the said Nich.° Guyther and the Defend.t w.ch wittnessed that the Said Nicholas in Consideration of five Thousand pounds of Tobacco had sold aliened and Bargained the said four hundred Acres of Land w.th the Appurtenances to the said Defts & his heyres for ever under the Rent of one Bushell of Indian Corne and other rents and Covenants in the same Indenture Contayned And further the Said Nicholas did in the Same indenture declare that whereas he was Lawfully possessed of the Estate that did formerly belong to Will.m Hawley deceased as by a Lawfull order of the Provinciall Court bearing date the four and twentieth day of March one Thousand Six hundred fifty and two might appeare had sold the said Land to provide a Sufficiency wherewithall to pay what arrearages of Rent were behind that the whole might not be for- feited for non payment of his Lordpps Rents and therefore the said Nicholas did bind himselfe and his heyres to make the Said Sale good as by the Said Indenture might appeare by vertue whereof the Defend.t intered into the Premisses and four hundred Acres of Land and became thereof Seized and had been ever Since in possession thereof and that after the Sealing thereof his Excelency Charles Calvert Esq.r Cap.n Generall of this Province & Henry Sewall Esq.r Secretary of this Province comeing to the Defend.ts house the Defend.ts wittnesses being then liveing that Could prove the Def.t bought the Said four hundred Acres of Land of the Said William Hawleij in his life tyme and that he paid three thousand pounds of Tobacco in part of payment for the Same though hee had noe assure- ance from Hawley under his hand but produceing the Said Indenture to them to know if the Same were vallid and good in Law otherwise that he would procure his Evidences to bee sworne & Examined in this Court in perpetuam rei memoriam to prove his Purchase of Hawley in his life tyme his honnour the Governour did then assure the Defend.t that he had a good title without haveing itt from W.m Hawley but the Secretary said W.m Hawley had noe title to the premisses but the Same belonged to the heyres of Jerome Hawley deceased and the Governour had then a letter of Attorney from the Daughters of the Said Jerome Hawley whose land itt really was and the said Secretarij said if the Defend.t would give him a Sorrell horse he would make the Defend.ts title good to the Said four hundred Acres of Land and Since he was advised by all persons that were learned in the Laws that his title was good and soe he proceeded noe further and hath Continued in the Quiet and peaceable possession ever Since and payd the rent and soe w.th the Generall Traverse he Concluded his answer to w.ch Answere of the said Defend.ts the Comp.tt Replyed and the matter being att a full & perfect Issue divers wittnesses were Examined in the said Cause and the Depositions Duely published according to the Antient and accustomed rules of this Court and this cause being Ripe for a hearing before a day was by this Court appointed for the hearing thereof the said Thomas Mathews the Elder dyed leaveing behind him Thomas Mathews the younger his sonne and heyre who presently after dyed alsoe and soe the Said suit abated and the Said Thomas Mathews the younger left behind the Defendant Ignatius Mathews his sonne and heyre an infant who claymed right to the Premisses either as heyre to the said Thomas Mathews the elder or by vertue of some other Right by will or otherwise Therefore that the Said suite and all the Proceedings thereupon might Stand revived against the said Ignatius Mathews and that hee might Sett forth his title to the said Lands and Premisses and that the Premisses might be decreed to the Comp.lt & his heyres for ever he alsoe prayed the ayd and assistance of this Honn.ble Court and processe of Subp.a to be directed to the Said Ignatius Mathews to appeare and answer the Premisses and to shew cause if any he had whij the Said suite and all the Proceedings thereupon should not Stand revived against him in as good plight as they were against the said Thomas Mathews which being granted and the Said Def.t therewithall served he appeard by his attorney aforesaid but shewed noe cause to the Con- trary of the Reviveing of the Suite aforesaid whereupon the said former Suite and all the Proceedings thereupon were by an order of this Court revived to Stand in the Same Plight and Condicon as the Same were at the tyme of the Death of the said Thomas Mathews the elder And the said Cause Soe Standing this present day was appointed for hearing thereof On w.th day upon hearing & debateing of the matter in question as aforesaid and upon Reading of the said Bill and answer the severall depositions taken in this cause and that by the Same proofs itt did well and Sufficiently appeare and the whole Court were fully satisfied and soe declared that the said Capt William Hawley did make a will in writeing and thereby did devise and bequeath all the Said Severall lands tenements and premisses before menconed to the Comp.lt his god Sonne & his heyres for ever and that the said will was in the tyme of the late Usurpacon by ifendall and fuller or (as his honn.r the Chancellour deposes) it might be recorded by Henry Hide in the yeare one Thousand Six hundred Sixty being dureing that Said Usurpacon of them and their Complices and that itt might be burnt with other their pretended Records by his Honn.r the Chancellor, according to an order given him by the Right hon.ble the Lord Prop.ry that the said Nicholas Guyther father of the Complaynant had noe Right or title in Law or Equity to Sell or dispose of any part of the Said Lands & prem- isses to any person or persons whatsoever from the said Comp.it in whome only the Estate was and that the Said Comp.it being an Infant under age was not bound by any act done by his ffather or any other as his Guardian Soc much to his Prejudice and that all Contracts and Sales by the Said Nicholas Guyther or any other since the Death of the Said William Hawley and dureing the minor- ity of the said Comp.lt are voyd in Law and that the said Defend.ts title in and to the said four hundred Acres of Land ought to be sett aside and that the Defend.t Thomas Mathews the elder had suf- ficiently reimbursed himselfe the purchase money by him supposed to be paid by the pception of the meane profitts with an over plus and that the title of all other the said Defend.ts in the Bill menconed to any part of the said Lands and premisses by vertue of any Sale or purchase from the Said Nicholas Guyther are likewise voyd and of noe force to barr the Clayme of the said Comp.it in and to the same and doth therefore think fitt and soe order adjudge and Decree that the said Comp.it doe and shall have hold and enjoij the said Lands and premisses w.th their appurtenances lyeing att St Jeromes as aforesaid and before particularly mentioned to him & his heyres for ever according to the true intent and meaning of the said W.m Hawley in his Last will and testament aforesaid in an absolute Estate of Inheritance in fee Simple and that the said Def.t Ignatius Mathews Liber P C his tenants & assignes doe forthwith deliver or cause to be delivered to the said Comp.it the full and quiet possession of the said four hundred Acres of Land with the appurtenances to hould to him the said Comp.lt & his heyres for ever by this present Decree accordingly w.th Costs of Suite to be paid by the said Defend.ts the heyres att Lawe to the Said Thomas Matthews the elder to the Compt to be taxed by the Honourable the Secretarij
Philip Calvert Canc.
First mention of Thomas Matthews is 28 Jan 1647/48.
Archives of Maryland; Volume 10, Court and Testamentary Business, 1655. Page 426;
At a Court held at Putuxent the 3d of October 1655: Thomas Mathewes hath openly in Court Confessed himself to be a Roman (Catholic). Thomas Mathews being found in the last Rebellion of Capt Stone and his Complices, Shall find Sureties for the Good abearance to the present Government. William Mills undertaketh in Court to be Surety for Thomas Mathewes for his good abearance to the present Government and the people under the Same in the penall Sume of one hundred pounds Sterling Wm Mills
Thomas died in Susquehannock Fort before the 15 Jan 1676/77 deed of gift that Jane executed to her children.
Matthews, Thomas, Chas. Co, 9th Jan, 1675; 11th Mar., 1675/76.
To wife Jane, execx, 300 A. "Huckleberry Swamp" or "Beckley," in Chas. Co.; 400 A. "St Helen's" and "Matthews' Hope" at St Helen's; also personalty for the use of herself and testator's children.
" son Thomas and hrs, 700 A, part of tract on Mattawoman Branches.
" dau. Mary, wife of Capt. Boreman, and hrs, part of tract afsd. given to son Thomas, and 255 A, "Hill Freehold" at St Mary's.
Test: Ignatius Caussin, Marke Lankford. 5. 83.
Thomas Mathews 4.377 I CH #11280 Aug 22 1677
Appraisers: George Oldfield, William Salisbury.
Dr. Thomas Matthews 4.379 A CH #71085 #71085 Oct 13 1677
Payments to: William Guither for Robert Ridgely, Joshua Doyne for Kenelme Chizeldyne, Richard Edelen for John Lemaire, Thomas Helgar for Richard Dodd, Milliard Veren attorney for Richard Wharton & Co, Richard Robinson, Philip Lynes, Elisabeth Young for Richard Ambrose, John Hartwell, Gerit Vansweringen, Mathias Dacosta for Robert Ridgely, Thomas Warner, Andrew Wheatley, John Lee, George Charlesworth.
Executrix: Jane Bread (relict).
Hi, List,
I am coming to the point of thinking that Thomas and Hester was a separate family, parents of the Thomas who married Jane Cockshutt and it is indeed Jane's son Ignatious who was the heir apparent mentioned in the entry concerning the dispute between William Guyther and the Mathews family. Notice in this entry the mention of Thomas Mathews elder and younger, and Ignatius as the son and "heir apparant" of Thomas Mathews younger.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1677; Page 496; Liber P C page 110.
In Chancery Att a Court of Chancery held att the Citty of St Maryes the 27th day of Maij in the first yeare of the Dominion of Charles &.ca.
Between Wm Guyther gent. Compit and Ignatuis Mathews an Infant Sonne & heire of Thomas Mathews the younger deceased who was Sonne and heir to Thomas Mathews the Elder decd by Wm Boareman Gentl his guardian Defendant (see note below)...before a day was by this Court appointed for the hearing thereof the said Thomas Mathews the Elder dyed leaveing behind him Thomas Mathews the younger his sonne and heyre who presently after dyed alsoe and soe the Said suit abated and the Said Thomas Mathews the younger left behind the Defendant Ignatius Mathews his sonne and heyre an infant who claymed right to the Premisses either as heyre to the said Thomas Mathews the elder or by vertue of some other Right by will or otherwise.
****This item is an order to pay court costs to William Guyther and is delivered to Ignatius, son of Jane, and the costs are demanded of his parents.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1679. Page 242;
Charles &c To Ignatius Mathews of Charles County Greeting We Command you that Imediately after the Sight hereof you pay unto Wm Gwyther of St Mary's Coty or the bearer of this writt the Sume of Six thousand two hundd & Seven pounds of Tobacco, Costs adjudged him the Sd Wm Gwyther by our Court of Chanry in a Cause there depending between him the Sd Wm Complt & you defendt & hereof you are not to fail under the pain Ensueing Wittness our Self at our City of St Marys ye 5.th day of July in the third year of our Dominion &a Annoq Dom 1678 The Originall was Delivered by Mr John Hartwell on the third day of Octobr 1678.
Robert Carvile
On the backside of ye aforegoing writt was Written Vizt Wm Gwyther plt Ignatius Mathews deft; John Hartwell maketh Oath that upon the third day of Octobr Instant he did deliver to Mr John Breed of Charles Coty a writt of Subpa issued out of the high Court of Chancery of which this is a Copy under the Seale of this Court & that the sd Ignatius Mathews & his mother the wife of Mr John Breed was then & there prsent & this Depont did then demand of the sd Ignatius & his sd father & mother the tobacco within menconed but they refused to pay the Same nor have they yet paid the Same to the plt or this Depont to this Deponts knowledge. John Hartwell Sworn in Open Court. Nic Painter CI
****Then this item, Ignatius' will naming his brother William, and the only William I have found was the son of Jane.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1685 To 1702 Volume II, p. 156
Mathews, Ignatius, 19th Feb., 1697; 21st July, 1698.
To wife Mary and brother William, personalty.
" son Thomas, 1200 A. (unnamed) on e. side Potomac R.
Test: Wm. Thompson, Dan'l Kelley. 6. 153.
****Notice the date given on this item--especially the "yeare of the dominion of Charles" part. This is the item whereby William Guyther petitioned to re-open the case to get the disputed land from the Matthews family, the suit orignally started against Thomas Matthews, the elder. William Boarman was named as Ignatius' guardian.
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1677. Page 496
In Chancery Att a Court of Chancery held att the Citty of St Maryes the 27th day of Maij in the first yeare of the Dominion of Charles &.ca;
Now notice the date given on other cases (there are many more dates like this):
the second day of March in the first yeare of our Dominion over our said Province Annoq Dmi. One Thousand six hundred Seaventy five.
y 14th Day of November in y first yeare of y Dominion of y Rt: Honorble Charles over Maryland &c Annoq Dom: 1676
this 27th day of January in the second yeare of his Lopps Dominion over this Province Annoq Dom.1676:
the day of 5th Octob: in the Second yeare of the Dominion of his sd Lopp Charles &ca: Annoq. Dmni 1677
the three twentieth day of ffebruary in the third yeare of the Dominion of Charles Lord Balte more Anoq Doni 1677
the Eighteenth day of June in the third yeare of the Dominion of Charles &c Annxp Doni 1678.
the fourteenth day of March in the fourth yeare of the Dominion of Charles Lord Baltemore Annoq Dni 1678.
the fourth day of June in the fourth year of the Dominion of Charles Lord Baltemore &Ca Annoq Domini 1679.
this twelfth day of ffeb.ry in the fifth Year of the Dominion of Charles Lord
Baltemore &c Annoq Dom 1679.
That makes the above date, "27th day of Maij in the first yeare of the Dominion of Charles", 27 May 1676. Meaning Ignatious already had the land by this date, but he was underage, born after May 1655. The date being born out by this entry:
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675-76. Page 175;
March 20th 1675/76: Subp.a Ignatius Mathews Jane Mathews, W.m Boreman & Mary his wife to Answer a Bill in Chan.ry at y.e Suit of W.m Gwither rt 4th Apll next R
Carvile p Comptt.
***And then we have these items which would possibly apply to a third Thomas Matthews. I'm going to post the entire transcript but it basically says that Thomas Matthews filed three lawsuits and answered in court by his attorney on 13 Feb 1677/78. Jane (Cockshutt) Matthews made the deed of gift to her Matthews children 15 Jan 1676/77. Keep in mind that both Thomas the elder and Thomas the younger were dead by the date of the above William Guither lawsuit 27 May 1676 and Thomas (husband of Jane) had his will proved 11 Mar 1676/77.
Archives of Maryland, Volume 67, Provincial Court Proceedings, 1677/8; Page
224-5;
13 February 1677/78
***Tho: Matthews agt John Jerome, Mrchant: Comand was given to the Sheriffe of
St Maryes County that he take John Jerome late of his County if he should be
found in his bailywick & him safe keep so that he have his body here the fourth
day of Decembr in the third yeare of his Lordpps dominion &c to answer unto
Thomas Matthews in a plea that he render unto him his reasonable accompt for the
tyme he was Receiver of the tobacco of him the said Thomas to the proper use of
him the said Thomas, Which said fourth day of Decembt on which the said Court
ought to have been held was by his Lordpps Writts of Adjournmt adjourned untill
the thirteenth day of ffebruary then next following.
Att which said thirteenth day of ffebry the same Sheriffe maketh returne of the
writt aforesaid that the said John Jerome is not found in his bailywick
Whereupon the said Thomas by Kenelm Cheseldyn his Attorney prayed an Attachmt
agt the Estate of the said John Jerome according to Act of Assembly in that case
made & provided, & itt is granted unto him
***Thomas Matthews agt George Southerne: Comand was given to the Sheriffe of St
Maryes County that he take George Southerne if he should be found in his
bailywick & him safe keep so that he have his body here the fourth day of
December in the third yeare of his Lordpps Dominion &c to Answer unto Thomas
Matthews in a plea of trespas upon the case, Which said fourth day of Decembr on
which the said Court ought to have bin held was by his Lordps Writts of
Adjournmt adjourned untill the thirteenth day of ffebruary then next following.
Att which said thirteenth day of ffebruary the same Sheriffe maketh returne of
the writt aforesaid that the said George Southerne is not found in his
bailywick, Whereupon the said Thomas by Kenelm Cheseldyn his Attorney prayed an
Attachmt agt the Estate of the said George Southerne according to Act of
Assembly in that case made & provided, & itt is granted unto him
***Tho: Matthews agt John Quigley: Comand was given as heretofore to the
Sheriffe of St Maryes County that he take John Quigley if he should be found in
his bailywick, & him safe keep so that he have his body here the twelfth day of
ffebruary in the third yeare of his Lordpps Dominion &c to Answer unto Thomas
Matthews in a plea of trespas upon the case Which said twelfth day of ffebruary
on which the said Court ought to have bin held, was by his Lordps Writt of
Adjournment adjourned untill the thirteenth day of the same month
Att which said thirteenth day of ffebruary the same Sheriffe maketh returne of
the writt aforesaid that the said John Quigley is not found in his bailywick,
whereupon the said Thomas prayed an Attachmt against the Estate of the said John
Quigley according to Act of Assembly in that case made & provided & itt is
granted unto him.
****This is the "see note below" part left out before the ****....
This cause Standing Revived in the Paper of causes ready for a hearing on this Present daij in the Presence of the Comp.lt and Robert Carvile his attorneij and in the Presence of Robert Ridgeleij attorney for the Defendent (he nor his guardian appearing though he was duely served with Processe to heare Judgment) the Sub- stance of the Comp.lts Bill appeared to be that whereas heretofore that is to Saij in October Court in the yeare of our Lord one thousand Six hundred Seaventy and four the Comp.lt did Exhibitt his bill of Comp.lt into this Honnourable Court against the Said Thomas Mathews the elder deceased and others Defend.ts thereby Setting forth that one Cap.n W.m Hawleij late of St Maryes County Esq.r haveing right to Six Thousand Acres of Land and upwards in the said Province of Maryland by title derived from Jerome Hawleij Esq late of the said Province deceased as appears by an order of the Provinciall Court bearing date the four and Twentieth daij of March in the yeare of our Lord one Thousand Six hundred fifty & Two his Lordp the Right Honn Caecilius Lord Proprietrij of noble memorij in Consideration thereof and according to the Tenor of his Lorpps Letter under his hand and Seale bearing date att Portsmouth in the Realme of England the Eighth day of August in the yeare of our Lord one Thousand Six hundred thirtij and Six Recorded in the Secretarys office in this Province did by his Letters Pattent under the great Seale of the said Province bearing date the twelfth day of December in the yeare of our Lord one thousand Six hundred fifty and Three grant unto the Cap.n W.m Hawley all that tract of Land on the west side of Chessepiake Bay neare unto a Creeke Called St Jeromes Creeke Beginning on the west Side of the said Creeke att a marked Chesnutt Tree standing neere a marsh or Swamp called St Davids Swamp and Running west from the said Chesnutt for the length of Eighty perches unto a marked Oake in a valeij bounding on the west w.th a line Drawn north from the said Oake for the length of Eight hundred fifty five perches unto a fresh Runn and with a line Drawn North and by West unto the Land of Stanhope Roberts called Drapers Neck on the North w.th the said Land on the East with the said Baij from Drapers neck unto the mouth of S.t Jeroms Creeke on the south with a line drawn west from the mouth of the said Creeke unto the first marked Chesnutt Tree and the first West Lyne Contayning & then layd out for five thousand Seaven hundred Acres more or less together all Profetts Rights & Benefitts there unto Belonging To have and to hold the Same to him the said W.m Hawleij his heyres and assignes for ever to be holden of the mannor West S.t Maryes in free & p. 111 Comon Soccage bij fealty for all manner of Services under the yearly Rent of five pounds fourteene shillings Sterl. or eleaven Barrells and Two Bushells of good Corne as bij the said Letters pattents Ready to be produced under the great Seale of this Province might more att large appear by vertue whereof the said William Hawley became Seized and possessed of the Said Lands and prem- isses in his Demesne of fee and being soe Seized and haveing a great kindnesse & affection for the Comp.lt being his god Sonne and minding & intending to Settle all or most part of the Said Lands & premisses on the Comp.lt & his heyres and assignes for ever hee the said Captain William Hawley did about the yeare of our Lord one Thousand Six hundred fifty and four make his last will and testament in writeing Sealed and published in the Presence of Divers Credible Wittnesses and therein and thereby amongst other things did give devise and bequeath the said Lands and Premisses to the Comp.lt & his heyres and assignes for ever and shortly after dyed leaving the Comp.tt an Infant of about two yeares old after whose death the Comp.lt by vertue of the Said will became Legally intituled to the Said Lands and premisses & then ought to have held and enjoyed the Same according to the will of the said William Hawleij and to have an accompt of the measne profitts raised and Received out of the Premisses from such persons as had held and Enjoyed the Same dureing the Comp.lts minority and the Comp.lt having then lately atteyned his age of one and Twenty yeares & Comeing to looke after his Right & title to the Premisses and to have possession of the Premisses But the Said Thomas Mathews the Elder George Charlsworth Henry Ryder Joseph Hackneij W.m Clawe & Sarah his wife the widow of William Cole dec.d and Richard Cole an infant Sonne and heyre of the said William Cole haveing Combined together to defeat the Comp.lt of his just right and title to the Premisses they or some of them had gotten into Possession of Severall parcells of the Premises & had gotten possession of the said Originall Will of the said W.m Hawleij which they did suppresse and Conseale the same or knowing that the Same in the tyme of the late Rebellions in this Province was Lost or mislaid that the Comp.lt could not procure the Same to Justifie his title to the Premisses they the Said Confederates did deny and refuse to Discover where the same will was or to Deliver up possession of their Severall parcells of land to the Comp.lt whose undoubted Right they were nor would they discover by what right or title they held the Same Contrarij to Equity therefore to enforce a Discoverij of the Said will and to have the said Def.ts Sett forth & discover their Severall titles to their parcells of Land they soe held and to have an accompt of & Satisfaction for their profitts of the Same and that the s.d Lands might be Decreed to the Comp.lt and his heyres for ever according to the will of the Said Cap.t W.m Hawley and that the Def.t might true answer make to the premises & the Comp.It re- lieved therin according to Equity he humbly craved the favourable aid and assistance of this Honn.ble Court and that proces of Subp.a might be thereout awarded against the said Thomas Mathews the Elder George Charlsworth Henry Rider Joseph Hackney W.m Clawe & Sarah his wife and Rich.d Cole to appeare and answer the Prem- isses the w.ch being granted and the Said Defend.ts there withall Served they appeared accordingly and the Said Thomas Mathews the elder putts in his answer to the s.d bill & thereby amongst other things did sett forth that he beleived the said W.m Hawley had Such right to y.e premisses as before is Sett forth and that the Comp.lt was his God sonne and there being great Intimacij between the said W.m Hawley and Nich.° Guyther father of the Comp.it the said W.m Hawley did often in the Def.ts hearing assure the said Nicholas that he would Settle the premisses on him in Consideration of the said Nicholas maintaining the said W.m Hawley dureing his life that the said Nicholas being taken a prisoner att Severne by the Enemys to the L.d Prop.ry and was Condemned to be shott to death but afterwards Escaped and gott for England and in the meane tyme the Def.t had Purchased of the Said William Hawley four hundred Acres of Land on the South side of S.t Ellen Creeke called Mathews hope and for the Same was to give to the Said William Hawly five Thousand pounds of Tobacco and payd in part thereof to the said W.m Hawley in his life tyme to the best of the Def.ts Remembrance about Three Thousand pounds of Tobacco after which troubles ariseing in the Country and the Def.t alsoe being in the service of the said Lord Prop.t and his Lordps Enemeys have- ing also taken the Countrij from his Lopps whereby also his Lord~s friends were looked on as trayto.rs to the then present Government the Def.t neglected to take an assureance from The said Hawleij for the said four hundred Acres of Land and shortly after goeing to the house of the Said Nicholas Guyther Mary wife of the said Nicholas told the Def.t the Said W.m Hawley lay very desperatly Sick and the Country being taken as aforesaid and her husband a Condemned man the said W.m Hawley was minded to Settle the Said Land according to his former premisses on her husband and as she should direct and shee knowing the Def.t to be Concerned in part of the said Land asked his advice which way the said W.m Hawley might Settle the Same to prevent a Seizure by the severn men the Def.t Sayth true it is he that did advise the said Mary that the best way was to have the said Hawley Settle the same on the Comp.lt being an infant of about a yeare old which would best secure the same to the said Nicholas and shortly after the said W.m Hawley dyed and the Defend.lt Comeing after to the said Gaythers house asked the Said Marij if the Said William Hawleij had settled the said Land as hee the def.lt had advised to which shee answered hee had and thereupon fetcht a paper Sealed upp and to the best of his Remembrance shee told him the same paper was the said W.m Hawleys last will where upon the Defend.t would have opened itt & read it but the said Mary hindered him Saying it should not be opened till her husband came into the Countrey but whether the same paper was W.m Hawleys will or not he knoweth not or that thereby the Comp.lt had anij title to the prem- isses and he denyed all Combinacon w.th any person to defeat the Comp.lt and he knows nothing of the said will or ever see the same or a Coppie thereof or read or heard the Same read or that the same was Supprest or Concealed or mislayd in the Rebellious tymes or whether thereby the premisses were devised to the Conip.lt nor any thing else in relacon to the said will then as aforesaid Sayth that after Hawleys death Nicholas Guyther was in possession of all the Premisses (Except what the said Hawley or Gwyther had sold before the death of the said Hawley for the Said Guyther had power from the Said Hawley in his life tyme to Sell the said land as the said Defend.t had often heard the Said Hawley owne) but what was Sold he knows not And the Def.t having bargained and agreed for the Said four hundred acres of Land as aforesaid & paid pant as aforesaid and there being about Two Thousand pounds of Tobacco unpayd of the Purchase and the Said Nicholas being Returned againe and the Province Reduced to his Londps obedience and the Defend.t having had noe assureance from Hawley in his life tyme for the said four hundred acres of Land and the land being as the said Manij told him as aforesaid setled as aforesaid the Defend.t Conceived the said Nicholas could not make the Def.t a good title to the Said four hundred Acres of Land And therefore urged the Said Nicholas Severall tymes to Repay the said Three Thousand pounds of Tobacco but the Said Nicholas assured this Defend.t that he had a good title to the said land and could Lawfully Convey the Same to him and make him a good title of Inheritance Thereupon this Defend.t being Ignorant in the Lawe applyed himseife to the Honn.ble Philip Calvert Escq then Secretarij of this Province and to severall other Eminent and learned persons for advice in the premisses who all assured the Defend.t that the said Guythers Right was good to the Said Land but the Secretanij advised him that unlesse his Lordps Rent were paid the said Land would be forfeited & the Said Guyther Solicited the Def.t to pay the Said Two Thou- sand pounds of Tobacco remainder of the purchase moneij to enable him to paij the Rent aforesaid w.ch the Def.t refuseing untill an assembly Satt the Defend.t thinking that would be the best way to secure his Land to have itt made over in a generall Assembly and thereupon the said Nicholas att a Generall assembly held for this Province by indenture duely Executed in the Lower house of as- sembly and attested by William Evans & Luke Gardner members of the Said house and W.m Britton Clarke of the said house the Sixth day of Aprill Anno Domi one thousand six hundred Sixty & one between the said Nich.° Guyther and the Defend.t w.ch wittnessed that the Said Nicholas in Consideration of five Thousand pounds of Tobacco had sold aliened and Bargained the said four hundred Acres of Land w.th the Appurtenances to the said Defts & his heyres for ever under the Rent of one Bushell of Indian Corne and other rents and Covenants in the same Indenture Contayned And further the Said Nicholas did in the Same indenture declare that whereas he was Lawfully possessed of the Estate that did formerly belong to Will.m Hawley deceased as by a Lawfull order of the Provinciall Court bearing date the four and twentieth day of March one Thousand Six hundred fifty and two might appeare had sold the said Land to provide a Sufficiency wherewithall to pay what arrearages of Rent were behind that the whole might not be for- feited for non payment of his Lordpps Rents and therefore the said Nicholas did bind himselfe and his heyres to make the Said Sale good as by the Said Indenture might appeare by vertue whereof the Defend.t intered into the Premisses and four hundred Acres of Land and became thereof Seized and had been ever Since in possession thereof and that after the Sealing thereof his Excelency Charles Calvert Esq.r Cap.n Generall of this Province & Henry Sewall Esq.r Secretary of this Province comeing to the Defend.ts house the Defend.ts wittnesses being then liveing that Could prove the Def.t bought the Said four hundred Acres of Land of the Said William Hawleij in his life tyme and that he paid three thousand pounds of Tobacco in part of payment for the Same though hee had noe assure- ance from Hawley under his hand but produceing the Said Indenture to them to know if the Same were vallid and good in Law otherwise that he would procure his Evidences to bee sworne & Examined in this Court in perpetuam rei memoriam to prove his Purchase of Hawley in his life tyme his honnour the Governour did then assure the Defend.t that he had a good title without haveing itt from W.m Hawley but the Secretary said W.m Hawley had noe title to the premisses but the Same belonged to the heyres of Jerome Hawley deceased and the Governour had then a letter of Attorney from the Daughters of the Said Jerome Hawley whose land itt really was and the said Secretarij said if the Defend.t would give him a Sorrell horse he would make the Defend.ts title good to the Said four hundred Acres of Land and Since he was advised by all persons that were learned in the Laws that his title was good and soe he proceeded noe further and hath Continued in the Quiet and peaceable possession ever Since and payd the rent and soe w.th the Generall Traverse he Concluded his answer to w.ch Answere of the said Defend.ts the Comp.tt Replyed and the matter being att a full & perfect Issue divers wittnesses were Examined in the said Cause and the Depositions Duely published according to the Antient and accustomed rules of this Court and this cause being Ripe for a hearing before a day was by this Court appointed for the hearing thereof the said Thomas Mathews the Elder dyed leaveing behind him Thomas Mathews the younger his sonne and heyre who presently after dyed alsoe and soe the Said suit abated and the Said Thomas Mathews the younger left behind the Defendant Ignatius Mathews his sonne and heyre an infant who claymed right to the Premisses either as heyre to the said Thomas Mathews the elder or by vertue of some other Right by will or otherwise Therefore that the Said suite and all the Proceedings thereupon might Stand revived against the said Ignatius Mathews and that hee might Sett forth his title to the said Lands and Premisses and that the Premisses might be decreed to the Comp.lt & his heyres for ever he alsoe prayed the ayd and assistance of this Honn.ble Court and processe of Subp.a to be directed to the Said Ignatius Mathews to appeare and answer the Premisses and to shew cause if any he had whij the Said suite and all the Proceedings thereupon should not Stand revived against him in as good plight as they were against the said Thomas Mathews which being granted and the Said Def.t therewithall served he appeard by his attorney aforesaid but shewed noe cause to the Con- trary of the Reviveing of the Suite aforesaid whereupon the said former Suite and all the Proceedings thereupon were by an order of this Court revived to Stand in the Same Plight and Condicon as the Same were at the tyme of the Death of the said Thomas Mathews the elder And the said Cause Soe Standing this present day was appointed for hearing thereof On w.th day upon hearing & debateing of the matter in question as aforesaid and upon Reading of the said Bill and answer the severall depositions taken in this cause and that by the Same proofs itt did well and Sufficiently appeare and the whole Court were fully satisfied and soe declared that the said Capt William Hawley did make a will in writeing and thereby did devise and bequeath all the Said Severall lands tenements and premisses before menconed to the Comp.lt his god Sonne & his heyres for ever and that the said will was in the tyme of the late Usurpacon by ifendall and fuller or (as his honn.r the Chancellour deposes) it might be recorded by Henry Hide in the yeare one Thousand Six hundred Sixty being dureing that Said Usurpacon of them and their Complices and that itt might be burnt with other their pretended Records by his Honn.r the Chancellor, according to an order given him by the Right hon.ble the Lord Prop.ry that the said Nicholas Guyther father of the Complaynant had noe Right or title in Law or Equity to Sell or dispose of any part of the Said Lands & prem- isses to any person or persons whatsoever from the said Comp.it in whome only the Estate was and that the Said Comp.it being an Infant under age was not bound by any act done by his ffather or any other as his Guardian Soc much to his Prejudice and that all Contracts and Sales by the Said Nicholas Guyther or any other since the Death of the Said William Hawley and dureing the minor- ity of the said Comp.lt are voyd in Law and that the said Defend.ts title in and to the said four hundred Acres of Land ought to be sett aside and that the Defend.t Thomas Mathews the elder had suf- ficiently reimbursed himselfe the purchase money by him supposed to be paid by the pception of the meane profitts with an over plus and that the title of all other the said Defend.ts in the Bill menconed to any part of the said Lands and premisses by vertue of any Sale or purchase from the Said Nicholas Guyther are likewise voyd and of noe force to barr the Clayme of the said Comp.it in and to the same and doth therefore think fitt and soe order adjudge and Decree that the said Comp.it doe and shall have hold and enjoij the said Lands and premisses w.th their appurtenances lyeing att St Jeromes as aforesaid and before particularly mentioned to him & his heyres for ever according to the true intent and meaning of the said W.m Hawley in his Last will and testament aforesaid in an absolute Estate of Inheritance in fee Simple and that the said Def.t Ignatius Mathews Liber P C his tenants & assignes doe forthwith deliver or cause to be delivered to the said Comp.it the full and quiet possession of the said four hundred Acres of Land with the appurtenances to hould to him the said Comp.lt & his heyres for ever by this present Decree accordingly w.th Costs of Suite to be paid by the said Defend.ts the heyres att Lawe to the Said Thomas Matthews the elder to the Compt to be taxed by the Honourable the Secretarij
Philip Calvert Canc.
Events
| Birth | Abt 1620 | England | |||
| Marriage | Abt 1638 | Hester | |||
| Marriage | Aft Nov 1659 | Jane Cockshutt | |||
| Death | Bef 11 Mar 1675/76 | Charles County, MD | |||
| Occupation | Doctor |
Families
| Spouse | Jane Cockshutt (1632 - 1693) |
| Child | Ignatius Matthews (1662 - 1698) |
| Child | Victoria Matthews (1661 - 1735) |
| Child | Jane Matthews (1664 - 1719) |
| Child | Ann Matthews (1664 - 1718) |
| Child | William Matthews (1674 - 1723) |
| Spouse | Hester (1620 - 1659) |
| Child | Thomas Matthews (1642 - 1677) |
| Child | Ignatius Matthews (1644 - 1664) |
| Child | Mary Matthews (1646 - 1681) |