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An American Family History

Philip Land 1607

 
“Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists."
― Franklin D. Roosevelt
 
 

Charles County, Maryland

 
The first European settlements in Maryland were made in 1634 when English settlers created a permanent colony.

A land patent is an exclusive land grant made by the government. The certificate that grants the land rights is also called first-title deed and final certificate. In the United States, all land can be traced back to the original land patent.

Personal property can be called personalty (personality), goods, chattels, articles, or movable property. It includes both animate or inanimate property.

Cattle were vital to a household and an important legacy.
Unweaned cattle are calves.
Female cattle are heifers and cows (had a calf).
Male cattle are steers (castrated) and bulls.
Oxen
are trained draft animals and are often castrated adult male cattle.

The Patuxent River in Maryland drains into the Chesapeake Bay. It marks the boundary between Montgomery, Prince George's, Charles and St. Mary's counties on the west and Howard, Anne Arundel, and Calvert counties on the east.

Philip Land was born in England in 1607. He was a Roman Catholic. He was an attorney, planter, and ordinary keeper. He was called gentleman.

He came to Maryland at age 40 with his first wife, Priscilla, in 1647. Their children included Philip Land and Mary Land Story.

He was sworn undersheriff on April 1, 1648. He swore an Oath of Fealty on December 20, 1648. William Bretton and Walter Pakes were the securities.

On December 20 his cow purchase was recorded in the Provincial court records. They are in the Maryland State Archives in the Dr. Lois Green Carr Men's Career Files online.

I Willm. tompson of Newtowne Hundred for and in consideration of a valuabel sum by me in hand rec'd., have bargained, sold to Phillipp Land 1 red cow about 4 yrs. old, whc. cow with her future increase I do heareby sell, et. to Phillipp Land, etc. for ever as their own p p goods. And further I bond Myself, etc. to save & keep harmless Phillip Land, etc. from any person that shall lay any just claim to sd cow or her future increase.
Signed in the presence of William Bretton.

On September 15, 1648, Philip Land demanded 100 acres for transporting himself in 1647 and 400 acres on assignment from Thomas Greene, Esq. Warrant for near mouth of St. Jerome's Creek. (Maryland Land Office, Patent Records, Liber 2, pp. 346-7.)

A survey on November 15, 1648 laid out 500 acres near the mouth of St. Jerome's Creek in Chesapeake Bay.

Priscilla died in 1649. He married Ann about 1650. Their children included Thomas Land and William Land.

Philip sold 100 acres of Plumb Point.

On April 19, 1650, Philip Land demanded 150 acres: 100 acres on assignment from Edward Langford, 50 acres in right of transportation of his late wife (deceased.) Warrant for 100 acres at Plumme Point on St. George's River above the land of Henry Adams. (Maryland Land Office, Patent Records, Liber 2, p. 615.)

He was sheriff of St. Mary's County in 1649-50. He served in the House of Burgesses for one term in 1650 representing St. Mary's Hundred.

In October, 1651, Phillip Land and Gregory Fox received a patent for a tract of land lying on the eastern side of the Chesapeake Bay called The Rich Neck which was assigned to them by Captain William Mitchell.

June 23, 1654

Mr. Phillip Land this day enters on record for the use of Phillip Land the younger, his oldest son, 1 cow called Nansey; and for the use of Thomas Land his youngest son, 1 heifer; the sd 2 cows with all & ever their respective female increase to be and remain for the future to the proper use & behalf of his sd 2 sons, etc.

Philip wrote his will on April 1, 1657 in Charles County. He left his sons Philip, Thomas and William personal possessions. His wife, Anne, was the executrix and and residuary legatee. The overseer was Philip Calvert and the witness Roger Isham. It contained the following clause

And further I give and bequeath to our Church one hogshead of Tobacco, and Desire the prayers of all good people.

He was constable in 1658 and received a license to keep an ordinary at St. Maries in April, 1658.

He was 59 on April 30, 1658 when he swore in court

that he heard Robert Robins ask his wife whither she would take oath in open court that the child she had then in her arms was begotten by him ad said Robert Robins, she replyed she would not.

On June 20, 1659 John Halfhead of Patuxent River gave William Land "sonne of Philip Land" one red cow.

According to Dr. Lois Green Carr's Career Files, on September 3, 1658, Simon Oversee gave him power of attorney.

In 1658 he was sued for failing to give the land and a patent to the buyers of 200 acres.

In September 1659 Mark Pheypo sued him for his debt of 300 pounds of tobacco.

Phillip died in 1659. He left his sons, Philip, Thomas and William his personal property and his wife Ann, the residual of the estate.

On October 11, 1662 "Anne Land came and disclaimed her executrix ship to the estate of Philip Land."

After his death, Ann married Mark Pheypo.

Ann died in 1688.

On January 19, 1669/70 Mark distrubuted some of her assets to her son, Philip Land:

⅓ residue of hogs, 4 cows, 1 steer of 3 years
a fowling gun
a trunk
⅓ personal residue

Old Style Calendar
Before 1752 the year began on Lady Day, March 25th,. Dates between January 1st and March 24th were at the end of the year. Old Style (O.S.) and New Style (N.S.) are used to indicate whether the year has been adjusted. Often both dates are used.

Planter is an archaic term for a settler. Plantation was a method of colonization where settlers were "planted" abroad. A plantation is also the kind of large farm that was the economical basis of many American Colonies and owners of these farms were also called planters.

Tobacco is a native American herb that is cultivated for its leaves which are prepared for smoking, chewing or snuff. In parts of colonial America, it was used as money. Tobacco plantations in the colonial south fueled the need for enslaving people.

A hogshead is a large barrel or cask holding from 63 to 140 gallons.

hogshead

Maryland was established with religious freedom for Catholics. The colonial economy was based on tobacco cultivated by Africans who had been enslaved.

Colonial Maryland used the headright system to encourage settlement. Land was granted to anyone who would pay fthe transportation costs of a laborer.

 

divider

 
 
from Maryland Under the Commonwealth by Bernard Christian Steiner

Provincial Court June 1649.

Among the more interesting items was a mortgage made by Sheriff Philip Land of St. Mary's County of the "whole benefit profit, and allowance" which shall come to him from his office "for this present year, together with a cow of his," as security for a debt.

 
 
 
 

from Maryland's Colonial Eastern Shore: Historical Sketches by Swepson Earle, Percy G. Skirven

The Rich Neck
Surveyed 1651

Of all the colonial manors of Maryland few maintained a position of greater prominence and importance during the days of the Colony than The Rich Neck. This tract of land is a peninsula lying between the eastern branch of the Chesapeake Bay and St. Michael's River with Tilghman's Creek making in from St. Michael's River on the south, and furnishes one of the finest land-locked harbors on the bay. From the character of the soil of this peninsula it well deserves its name, as there are few tracts in this State which today can boast of soil more fertile.

Across St. Michael's River to the east and at the mouth of the Wye River was Doncaster, the earliest county-seat of Talbot. In full view from The Rich Neck to the west across Eastern Bay is the site of the first seat of government for the Isle of Kent, and still farther beyond that, across the Chesapeake, is Annapolis, which became the capital of the Colony in 1692.

This tract was surveyed for Capt. William Mitchell, October 20, 1651, by Robert Clark, then Surveyor General of the Province, and contained 1,000 acres. Captain Mitchell sold the tract to Phillip Land, the High Sheriff of St. Marys County. In 1684 Mr. Land sold it to Capt. James Murphy, the consideration being 104 pounds sterling, "lawful money of England. 23.000 pounds of good tobacco and two tracts on Sassafras Creek— one tract of 1.000 acres and the other of 500 acres, both lying in Cecil County.

American colonists continued to use British monetary units, namely the pound, shilling and pence for which £1 (or li) equalled 20s and 1s equalled 12d. In 1792 the dollar was established as the basic unit of currency.
 
 
 

from Maryland Historical Magazine edited by William Hand Browne, Louis Henry Dielman

On March 4, 1650, we find this entry:

"William Mitchell, Esq. demandeth 2200 acres of land for transportation of twenty-two servants into this Province."

Later on William Mitchell, by assignment, transferred this grant to Phillip Land, who was then the High Sheriff of St. Mary's County, and Land transferred one-half thereof to Gregory Fox.

On the 20th day of October, 1651, a patent was issued to Phillip Land and Gregory Fox for the land assigned to them by William Mitchell, containing all that tract of land lying on the eastern side of the Chesapeake Bay called The Rich Neck. This property was subsequently inherited by Henry Fox,

 
 
 
Lord Baltimore, Cecil Calvert (1605 -1675), 2nd Baron Baltimore was the first governor of Maryland.
Phillip Calvert (1626–1682), was the 5th governor from 1660 to1665.
Charles Calvert (1637 – 1715), 3rd Baron Baltimore inherited the colony in 1675.

Prior to the publication of Dictionary of the English Language in 1755, there were no spelling rules and even names were spelled many different ways.

Att a Prouvinciall Court held att St Marys on the first day of March 1664/5
Prsent
Charles Calvert Esq Governor
Philip Calvert Esq Deputy Leiutennt and Chancellor
Jerome White
Baker Brooke
Henry Cowrsey [Coursey]
Cott. Wm Evans
Esq Councellor

John Halfhead plt

This Cause being last Court respited untill Jone [Joan] Nicculgutt Def[endan]t

the def t in prson and those wittnesses that at the County Court of Calvert did testifye on the behalfe of the def t did now at this Provinciall Court make their appearance to answere &c

then being demanded of James Thompson the defendts Attorney what he had to say in defence herein, that the said Jone Nicculgutt should not serve the ptt one yeares service more as hime is Claimed,

being desired to put in his Answere in writeing which is as followeth (vizt)

To The Rigt Honnoble the Governor and Councell the humble Replicacon of James Thompson Atturney of Jone Maglanna

Wee affirme that wee have Served twelve yeares And are able to prove it by Evidence.

John Boage [born c. 1628] Sworne in Open Court saith

All that I cann say in this Bussiness is that Come May or June next will be 13 yearesagoe [about 1651] since I say the saw Jone at the howse of Phillip Lands doeing the worke of a servant att St Marys being that yeare after the Genny ffrygott [Guiney Frigate] Came in

Andrew Robinson sworne in Open Court saith

I was a servant in the howse wth this wench at my Mastrs Lands and my Mr ffox bought her

and there was Mastr Cowrsey [Coursey] Capt Gwyther and others att Mr Hattons howse upon the appraysmt of Mr Lands Estate and there was some dispute about me and this wenches service and she was Ordered to live [with] Philip Land,

and that this depont came Over in Capt [Richard] Husbands and then the Guyney frygott [Guiney Frigate] came in and this wench came over in a new England vessell

and last Candlemas day past was 13 yeares since this depont came into this province and that she came in that same yeare

And further these deponth saith not Sworne in Open Court pma March 1664/5
Daniel Jenifer Clke

The def tcraves a nonsuite which was Ordered wth these Charges following (vizt)
—nonsuite 150 Atturneys ffees 180 lb tob:

Ordered the def t be sattisfyed the said ffees of 780 lb tob

Attendance 270 780
Wittnesses attendance. 180
The said Jone Nicculgut demands Execucon agt the Estate of John Halfhead for the abovesaid sume of 780lb tobaccoe

warrt to sherriffe of Calvert County to Execute &c dated first O*

In contracts and pleadings usually people and things mentioned before are designated by the term said (sd ) for clarity. Aforesaid (afd, afsd, aforesd ) means it was already mentioned.
An indenture is a legal contract for labor or land. Two copies on the same sheet were separated with a jagged edge so that the two parts could be refitted to confirm authenticity. An indentured servant worked without wages for a specified time to pay a debt and was bound to the employer. In the 17th century, nearly two-thirds of settlers came as indentured servants to pay for their passage.

Calvert County Maryland was originally part of Charles County. It was settled about 1650. It was called Patuxent County between 1654 and 1658.

 
 
 

June 25th 1664

To the honble Gouernor and Councell in Proall Court Assembled The humble petcon of Jno Halfhead Sheweth That Jone Niccolgutt formerly yor petrs Servt & sold to Cuthbert ffenwick [1614-1655] being bound by Indenture to Serve soe many yeares as relacon thereunto had may more fully appeare.

Now soe it is, the said Jone doth refuse to serve her said Mastr the full terme of her time claiming her Liberty of a whole yeare, which being not allowed did her ffreedome Sue for att the County Court of Calvert att which instant neither her said Mastr nor yor petr was prsent to alleadge any thinge for themselves

nevertheless the said Court did allow her Liberty (and soe made ffree,) to your petrs greate detriment being Compell'd to pay unto her Mastr ffenwick for the said yeares Service

One heifer and a Cow Calfe att 600 lb tob:
and three barrills of Corne att 300 lb tob:
wth 360 lb tob:

more to James Thompson Clarke besides Loss of time Wth this Suites Costs and Charge and the Servants Service

Wherfore yor petr humbly Craves Ordr of this Honble Court that the said Servt may make good not onely her said Indenture but all Charges thereby accrued by Servitude, or otherwise that those Commrs by whom she had her ffreedome may therein make sattisfaccõn and as in Duty bound hee shall pray

 
 
 
A gentleman had no title, but descended from an aristocratic family, was of the landed gentry, and had a coat of arms.

1664
John Halfhead plt

The plt sues as in his petcon fo: produc Jone Nicculgutt defting the defts Indenture—

The defendt by her Attorney puts in her answer which is as foll:

To the honble the Gouvernor and Councell

The defence of James Thompson Gentn in the behalfe of Jone Moglanna (uide)

Impr In answere to that Clause in the petcon of the plaintiffs wch saith that neither the plaintiffe nor Mr Cuthbert ffenwick were prsent att that time when Jone Maglanna had her freedome Granted by Order of Our Court,

I the said James Thompson in behalfe of the said Jone Maglanna doe auerre the Contrary And Cann and will prove that Mr Fenwick was then prsent and did demand of mee (who then was alsoe her Attorney) why I needed to sue in this Case and I made him answere why doe yow then retaine her and hinder her ffreedome And hee said I hinder her not, and therefore that Clause in the Plaintifs declaracon is erroniously alleadged—

Secondly that pretended Indenture is noe way effectuall to binde 21y the said Jone Maglanna it being made allmost a twelve month after her Arrivall as by two Oathes (now resting upon Record in Calvert County and whereof the Plaintiffe hath a Coppy) may evidently appeare, therefore the defendt is unjustly sued for anothers yeares Service.

Thirdly the debt hath truely and honestly served the full Complemt 3d of servitude wch she came in for and according to the tenor of that false Indenture (if that said Indenture cann obleidge her) and there fore had her ffreedome granted her by Order of Court it being but jiust and due after twelve yeares service—

4th Fourthly except the plaintiffe cann prove the said Oathes falsely and partiallie taken and soe Consequently Overthrow the said Order of Court (which I looke upon to be a ticklish point and too strong foundations to build my defence upon in this Suite) I shall humbly Crane of this Honble Court such sattisfacon for this unjust moles tacon as Justice and equity shall require wth Cost of Suite—

5th flfthly and lastly I shall desire this Honble Court would be pleased seriously to take it into theire Judicious Consideraon, that if Orders of Court bee soe weake and mens Oathes soe little available as thus upon every turne like to be brought to nothing, Noe man shall ever have either security for his debt or Certainty of his Cause whatsom ever or howsoever Ordered in soe much that Lawes and Courts to maintaine the right of lawes will seenie excluded and totally ouerth rowne

The Plaintiffe still pleades for sattisfaccõn for his servants time that is due by Indenture.

The Board veiwing the Indentures It is Ordered that the Commrs of Calvert County doe informe this Court of the whole proceedings att the next Provinall Court and give the reasons of the Setting free the said Servant Jone Nicculgutt and that she doe alsoe then appeare to make her defence therein—

A plaintiff (plt, plte, plt is a person who brings a case against another.
A defendant (def tf) is a person accused of a crime or someone challenged in a civil case.

 
 

A deponent (dept, dpnt) gives testimony under oat.

In contracts and pleadings usually people and things mentioned before are designated by the term said (sd ) for clarity. Aforesaid (afd, afsd, aforesd ) means it was already mentioned.

1658
Uppon the Bill exhibited in Chancery
by John Cornelius & Walter Pake agst Philip Land. 

James Veitch sworne in open Court, sayth, That Mr Land sold 200 Acres of Land to the exhibiters, & was by condicõn (wch this Dept drew) to procure & give them a Pattt [patent] when Pattts were to be graunted, & to deliver them possesn of the sd 200 Acres of Land in the winter following,

And the Court finding That the Delivery of the Land, was not made by Philip Land, as was requyred, as Capt Willm Evans testifyed uppon Oath delivered in Court,

It is Ordered tht the Exhibiters have their Bill returned, & gyven up to them wthout further trouble, And because the Bill was not in Mr Lands hands but by Assigmts made over to Mr Symon Overzee. It is further Ordered That the Bill being gyven up to the Exhibiters by Order aforesd, That Philip Land pay to Mr Symon Ouerzee Two Thowsand pownds of Tob. to whom the Bill was assigned, & had the sd Bill in possesn wth Costs of suite to the Exhibiters. 

A land patent is an exclusive land grant made by the government. The certificate that grants the land rights is also called first-title deed and final certificate. In the United States, all land can be traced back to the original land patent.

The spelling cõn is the same as tion.

 
 
Mister ( Mr.) was derived from master and Mrs. and Miss were derived from mistress. They indicated people of superior social status in colonial America.
From 1633 to 1681, Lord Baltimore rewarded people who transported themselves or others to Maryland with 50 acres per person transported.

The spelling cõn is the same as tion.

Maryland Calendar of Wills
Land, Philip, Chas. Co.
1st, April., 1657
8th Mch. 1659
To sons Philip, Thomas, and William, personality; any dying under age, survivor or survivors to inherit deceased's portion.
Wife Anna, exex. and residuary legatee.
Overseer: Philip Calvert.
Test: Roger Isham.
1.95

From the Maryland Archives
Proceedings of the Council of Maryland, 1648-1655

A Proclamation published 18. december 1653

By the Lieut &c of Maryland

Whereas at a Generall Provinciall Court held at St Maries the 25th day of November 1652

mr Willm Eltonhead and others disireing Some Course might be taken for the getting up and killing the wild Cattell, The Court then conceiving it to be a busieness of Generall Concernment, and herein the Ld Proprietary might likewise be Interessed, referred the busieness till the next Generall Assembly as most proper then to be Settled & determined,

And Whereas I am Given to understand by mr Thomas Hatton his Lordships Attorney Generall and others that Notwithstanding
the Said order of reference (as it is Very Credibly reported) Marks Pheypo, Nicolas Keeting Martin Kirke, and others have of late in a bould Contemptious unwarrantable Manner, gotten up, killed or disposed of to their own use or otherwise a Great Number of wild unmarked and other Cattle to his Ldps Great wrong and abuse and Contempt of the Governmt here Settled under him,

for which the Said Atturney ntends in convenient time to Call them to a Strict Accompt, But for the better prevention of the like insolencies for the future and to put a Speedy Stop to the Said Contemptious and unwarrantable proceedings, These are in the Name of the keepers of the Liberties of England by Authority of Parliament and as Governour here under the Right Honble the Ld Baltemore Lord Proprietary of this province

Strictly to Charge and Command the Said Marks Phepo, Nicolas Keeting and Martin Kerke, and all others whom it may concerne that they and every of the from hence forward forbear to gett up kill or dispose of any wild unmarked Cattell and if any they have now in their penn or Custody that they forthwith turn them loose and not any further to Meddle therein till by Some Act or Order of Assembly or Other Lawfull Warrant by Authority here under his Ldp they be Authozed for Soe doeing as they will Answer the Contrary at their perills

Given at St Maries this 15th day of December 1653.
William Stone
upon the mocõn of Thomas Cornwallis Esq,

Lord Baltimore, Cecil Calvert (1605 -1675), 2nd Baron Baltimore was the first governor of Maryland.
Phillip Calvert (1626–1682), was the 5th governor from 1660 to1665.
Charles Calvert (1637 – 1715), 3rd Baron Baltimore inherited the colony in 1675.
 
 
 

Proceedings of the Provincial Court, 1658-1662, Volume 41, p. 325 from the Maryland State Archives
Septebr 26 1659
Pheypo v. Land
Marks Pheypo demands warrt agst Philip Land in an accõn of Debt to the ualew of Three hundd pownds of Tob.

Writt to the Sheriffe of St Maries County to arrest &c:
Ret next Provincial Court 4 Octobr next ut Supr.

The spelling cõn is the same as tion.

 
 
 
 
 

About 1650, Rich Neck Manor Chapel was built on the Eastern Shore. It was in Talbot County, just across the water from Kent Island on a property known as Rich Neck Manor.

This property was first granted to James Mitchell in 1652. It's next owner was Philip Land of St. Mary's County. It is not known who built this Roman Catholic chapel.

 
     
     

 

Bauman & Dreisbach
 
 
 

©Roberta Tuller 2017
tuller.roberta@gmail.com