546Assembly Proceedings, May 15 June 8, 1751
The Petition of Joseph Cheney and Anne his Wife,
referred from the Upper House to the Consideration of this House, was here read and rejected. The Petition of the Vestry, and sundry of the principal Inhabi tants and Freeholders, of Durham Parish in Charles County, re ferred from the Upper House to the Consideration of this House, was read and granted.

The Petition of some of the Inhabitants of Bladensburgh in Prince Georges County pray ing leave to bring in a Bill to prevent Swine running at large in the said Town; and the Petition of Joseph Cheney and Ann his Wife, of Prince Georges County Praying a Reward may be given for the Dis covery of Medicines to cure the Flux, Referred to the Consideration of the Lower house of Assembly and sent by Richard Lee Esq. May 20
a Petition of Joseph Cheney and Anne his Wife, praying a Bounty to make public a Cure for the Bloody Flux; with several Testimon ials of Cure performed, annexed to the said Petition. Which were severally Indorsed, “Referred by the Upper House of Assembly to the Consideration of the Lower House.”




Provincial Court Proceedings, 1674. 329
Daniel Jenifer John Cheyney and Jane his wife administratrix Liber M M agt of the goods and Chattells rights and Creditts John Cheyney & ux of Henry Rough her late husband deceased were Sumoned to answer unto Daniel Jenifer in a plea that they render unto him 4000 l of tob which from him they unjustly deteine. And whereupon the said Daniel by Robert Carvile his Attorny Saith that whereas the said Henry by the name of Henry Rough of Calvert County in the Province of Maryland Chirurgeon upon the 29th day of August in the 39th yeare of the Dominion of Caecilius & Annoq Doth: 1670 by his certaine writeing Obligatory Sealed with the Seale of him the Said Henry and here in Court produced p. 246 whose date is the day and yeare abovesaid did confesse and acknowl edge himselfe to Owe and Stand indebted unto the said Daniel the full and just Sume of foure thousand pounds of good Sound mer chantable tobacco & caske to be paid to the said Daniel in Some convenient place or places in Calvert County before or upon the tenth day of November which should be in the yeare of Our Lord 1671 To the which payment well and truly to be made he the said Henry did bind himselfe his heirs and executors firmly by those presents Yet notwithstanding the said Henry in his Life tyme nor the said Jane Since the death of the Said Henry to whom admcon of all and Singular the goods and Chattels rights & Creditts that were his the said Henryes at the tyme of his death were by the Honble Philip Cal vert Esq Cheife judge for probate of Wills and granting of adminis trations within the said Province in due forme of Law cothitted whilst the Said Jane was Sole nor the said John Cheney and Jane his wife Since their intermarriage have Satisffied and paid the said Sume of 4000li of tobacco to him the Said Daniel according to the said writeing Obligatory though often thereunto requested
But the Said John Cheyney and Jane his wife have hitherto denyed and refused to pay the same & the same Still to pay doe deny and refuse to the damage of the said Daniel 6ooo I tobacco & thereupon he bringeth his suite &c. And the Said John and Jane by George Parker their Attorney come and defend the force and injury when &c and pray liberty of Speakeing hereunto untill the next Provinciall Court. and it is granted unto them the same day is given to the Said Daniel Now here at this day to witt the 16th day of October in the 43th yeare of the Dominion of Caecilius &c came the said Daniel by Robert Carvile his Attorny and Offered himselfe against the Said John and Jane but the said John and Jane came not but made de fault Therefore it is considered by the Court here that the said Daniel recover against the said John Cheney and Jane his wife admrx of the Said Henry Rough of the estate of the Said Henry aswell the said Summe of foure thousand pounds of tobacco the debt aforesaid as also the Summe of five hundred Sixty Seaven pounds of tobacco for his costs and charges in this behalfe laid Out.



184 Assembly Proceedings, 1694-1728.

Liber LL, 4
Acts
seven hundred and eight for the Consideration of twenty five pounds Sterling granted and sold unto Stephen Wright of the same County and province Planter and to his heirs and Assignes forever the moyety or half parte of a Tract or parcell of land Called Timber neck Lying in Ann arundell County on the South Side of South River on the West side of a Creek Called Jaccobs Creek Beginning at a marked red oake standing upon a point and running for breadth West South west up the Creek one hundred and Sixty perches to a marked Oak by a Marish side being a bounded tree of Richard Beards on the west by Beards line drawn west and by north two hundred perches to a marked pock hiccory and by a line drawn north and by East from the said Pock hiccory fifty perches to a marked red oake in the line of Richard Chenys land and by Chenys line East south East twenty five perches to a marked white oake bounded on the North by p. 124

a line drawn North north East from the said Oak one hundred perches to a marked Pock hiccory and from the said Pock hiccory north East and by North to a marked Oake by a Branch in the line of the land laid out for Murreen Duvall and William Young on the East by the said Land on the south by Jacobs Creek Containing and laid out for two hundred acres more or less being formerly granted to Richard Uggins and John Wheeler that is to say that moyety or halfe parte of the said Tract of land Called Timber neck formerly Occupied by the said John Wheeler and late in the Tenure or Occu- pation of William Bateman of Ann arundell County late deced as by the same Deed duly Executed and acknowledged and now remain- ing upon the land Records of Ann Arundell County in the Book marked P L page four hundred and Eighty two reference being thereto had may more at Large appear And whereas the said Stephen Wright by his Deed of Bargaine and Sale bearing date the Sixteenth day of May Anno Domini Seventeen hundred and Eleven for the Consideration of Thirty five pounds Sterling granted and sold the said moyety or halfe part of the Tract of land aforesaid unto Samuell Chambers of the same County and Province Gentleman and to his heirs and Assignes forever as by the Deed thereof duly Execu- ted and acknowledged and now remaining upon the same land records and in the same Book aforementioned page four hundred and Eighty five reference being thereto Likewise had may more fully appeare. But forasmuch as the said Stephen Wright Omitted to get his aforemen- tioned Deed from Matthew Beard Recorded in time so that by the Act of Assembly of this province for Quieting possessions Enrolling Con- veyances and secureing the Estates of purchasers no Estate in the said land was past thereby and for that the said Matthew Beard and Stephen Wright are Both since deceased And for that the said Samuel Chambers on finding the said first mentioned Deed not recorded Omitted Recording the said Deed from Wright to himself well knowing the Recording the said Deed would avail him nothing unless he Could procure a Confirmation of the aforementioned first.


192 Assembly Proceedings, 1694-1728.
Liber LL, 4
Acts of the other parte Witnesseth that the said William Lunn for and in Consideration of the Sume of thirty pounds Sterling mony to him in hand already paid by the said Thomas Larkin the receipt whereof he the said William Lunn doth hereby acknowledge and himselfe therewith to be fully Contented and paid hath Given Granted Aliened bargained sold Enfeoffed and Confirmed and by these prsents doth Give Grant alien bargain Sell Enffeoffe and Confirme unto the said Thomas Larkin his heirs and Assignes forever All that parcell of land which he the said William Lunn had made over to him by Benja- min Williams John Cheny and Mary his wife as by their Deed of Conveyance may appeare It being part of a tract of Land Called Waterford Lying in Ann Arundell County aforesaid and Beginning at a bounded Beech tree standing on the side of a Bank on the South Side of green branch at the mouth of the said Branch upon Patuxent River Side and runing from thence East and by South one hundred perches to a bounded Red oake thence South East one hundred and Sixty perches to bounded white oake thence west and by North Eighty perches to another bounded beech on the river side thence binding with the River to the first bounded tree Containing one hundred acres of land more or less togeather with all Rights pfitts benefitts and previledges thereunto belonging unto him the said p. 195

Thomas Larkin his heirs and Assignes forever and to and for the only proper use and behoofe of him the said Thomas Larkin his heirs and Assignes forever more and the said William Lunn Doth for himselfe his heirs Executors and Admrs Covenant promise grant and agree to and with the said Thomas Larkin his heirs and As- signes that he the said William Lunn his heirs Exrs and Admrs shall and will from time to time and at all times hereafter acquitt Ex- onerate and Discharge or otherwise Save and keep harmless as well the said Thomas Larkin his heirs and Assignes as also the one hun- dred acres of land and prmises with all other the appurtenances before mentioned hereby bargained and sold or Intended to be hereby Con- veyed as aforesaid with all and Singular the prmises with their appurtenances and Every part and parcell thereof Clear and free of & from all Bargaines Sales Joyntures Dowers and all other Incum- brances whatsoever had made or done at any Time before the En- sealeing and Delivery of these prsents by him the said William Lunn or any other pson or psons whatsoever and alsoe the said William Lunn his heirs and Assignes and Every of them shall & will from time to time when thereunto required make do acknowledge Suffer & Execute or cause to be made done Acknowledged suffered and Executed all and every such Further act & acts thing & things assure- ance & Assureances in the Law whatsoever as by the said Thomas Larkin his heirs and Assignes or his or their Councill Learned in the Law shall be reasonably Devised advised or required for the Further and better Assureance and Sure makeing of all and Singular the said land and pmises before mentioned unto him the sd Thomas Acts. 193

Larkin his heirs and Assignes forever and that the said Thomas Larkin his heirs and Assignes shall and may forever peaceably and Quietly have hold use Occupy possess and Enjoy all the said one hun- dred acres of Land and premises without any let suit Trouble or dis- turbance of any pson or psons whatsoever and Also that he the said William Lunn his heirs and Assignes shall and will at all times here- after warrant and defend the said Land and prmises unto him the said Thomas Larkin his heirs and Assignes forever against all persons whatsoever In Wittness whereof the party first to these presents hath put his hand and Seale the day and year first above Written William Lunn [Seale] On the Back of which Indenture was Endorst as followes Viz. Signed Sealed and Delivered in the prsence of us.





Acts of 15734,
ch. 13
p. 22 An Act to Enable John Cheney and Mary his wife to Sell in ffee Simple three hundred Acres Part of a Tract of Land Called Water- ford notwithstanding the Same is Specially Intailed on the heirs of the body of the said Mary by Benjamin Williams of Ann Arundell County. Whereas Benjamin Williams of Ann Arundell County by his Deed Indented bearing Date the Sixth Day of August One Thou- sand Seven hundred and twenty two Did in Consideration of Love Good Will and Affection Convey and Make over unto his Son in Law John Cheney and Mary his wife and to the heirs of the said Mary's Body begotten by the said John A Certain Parcell of Land Originally granted the first day of May Sixteen hundred and Seventy Six unto Acts.- 355 William Jones for Eight hundred Acres by the name of Waterford And whereas it is Represented Unto this Assembly by the said Benjamin Williams John and Mary Cheney afd that thro a great Charge of Children Great Sickness and Other Misfortunes the said John and Mary are much Impoverished And no means whereby they Can hope to be relieved but by the Sale of Part of the Said Eight hundred Acres which none will buy because the Same is Intailed Except the said John is Enabled by Law to Sell in ffee Notwith- standing the Intail afd And whereas this Present Generall Assembly have taken the Premises into Consideration And have thought it reasonable to Enable the said John to Sell and Dispose of in ffee Simple three hundred Acres of the afd Tract notwithstanding the Deed of Intaile afd
Be it Therefore Enacted by the Right Honrble the Lord Propry by and with the Advice and Consent of his Lordships Governour and the Upper and Lower Houses of Assembly and the Authority of the Same that he the said John Cheney and Mary his wife shall be Enabled and are hereby Enabled to Make Sale in fee by Deed or Deeds Indented after the usual and lawfull Manner of Conveying Land to Any Person or Persons whatsoever a Quantity of the said Tract not Exceeding three hundred Acres. And be it further Enacted by the Authority afd that Such Person or Persons as shall buy by Deed or Deeds Indented as afd shall have as good Estate in ffee Simple by Vertue of such Sale as if the said John and Mary were Seized in ffee Simple to them and their heirs for Ever Notwith- standing the Deed of Intail afd or Any Clause or Article therein Contained Provided that this Act or Any thing therein Contained shall not be Construed to make a better Estate to the said John & Mary or to Any Purchaser or Purchasers Deriveing Under them by Vertue of this Act than the said Benjamin Williams had at and before the Enseeling & Delivery of the Deed of Intaile afd Saving to his most Sacred Majesty his heirs and Successors and to the Right Honrble the Lord Propry his heirs & Successors and all Bodies Politick and Corporate and all Others not mentioned in this Act their Severall and respective Rights.



320 Assembly Proceedings, Sept. 28 Dec. 16, 1757. L. H. J. His Excellency communicated to Mr. Speaker the following Mes sage, viz.t Gentlemen of the Lower House of Assembly, I have perused the several Papers that were Presented to me, p. 142 together with your first Address of the 5th Instant, viz.t A Copy of the Affirmation of Benjamin Richardson, and Copies of the Depo sitions of Daniel Meconekin, Edward Seares, Thomas Hill, David Macklefish, William Hall, Ephraim Howard, Ezekiel Cheney, and Jeremiah Cheney: The Complaint of the Two First I find against Two Soldiers or Soldier-like Men, called Smith and Lake, for beating and endeavouring to carry off by Violence one Griffith, who they pretended to have Enlisted about Eight Months ago, and for threat ening and abusing the said Richardson and Meconekin.
By these Liber C Gentlemens own Account it appears, I think, that upon Smith's refus ing to go with them before a Justice of the Peace, and presenting a Gun at Mr. Richardson, he the said Richardson took it away from him, that a Scuffle ensued, but that in the End they released or rescued Griffith, and then went and informed some Magistrate or other of what they had done; what became of Lake and Smith they know not, but have heard that Smith was a Waiter on one Mr. McCarty, an Officer, and who Mr. MCCarty is, or where he is to be met with, they do not say; and I cannot learn, neither can I guess, what you would have me do in this Affair.
The Two Soldier-like Men may, for aught I know, have been much to blame; but if the Complainants were really of that Opinion, I wonder they did not, when they found themselves able, carry the supposed Offenders before a Magistrate, who would, no doubt, have punished them according to their Deserts; but if, on the contrary, Smith and Lake should return again to this Province, and make it appear that Griffith was fairly Enlisted, I am apt to think, that Mr. Richardson and the Deponent will not find it any easy Matter to justify their Conduct. By the Depositions of Macclefish, Seares, Hill, Mr. William Hall, and Mr. Ephraim Howard, one Thomas Beall, a young Fellow of p. 143 Prince-George's County (who was impowered by me to Enlist Men for his Majesty's Service, in Consequence of several Acts of As sembly lately made in this Province) is accused of having pretended to Enlist the said Seares, Hill, and Macclefish, of treating them afterwards as Deserters, of compelling Seares to pay £10 for a Dis charge, which he could not give, and of endeavouring to oblige the other Two to purchase their Discharges likewise: Mr. Beall is not present to hear what is alledged against him; and tho' his Transac tions, as in the Depositions stated, have not the best Appearance, yet I don't think it would be right to condemn him unheard; he is no Officer that I know of, neither is he in the least dependent on me; and if the Complainants can prove that he has acted illegally, I hope they may redress themselves without applying to any Branch of the Legislature; but if it should, on farther Enquiry, appear that they were duly Enlisted, you will not, I am persuaded, take it amiss if they are apprehended and delivered up to one of his Majesty's Officers
. ‘With regard to the Complaint of Ezekiel and Jeremiah Cheney, whose articled and indented Servants are said to have run away from them, and to have Enlisted into our Provincial Forces, I can only say, that if the Case is as they represent it, and they have a Right to Satisfaction for their Servants, the Law will give them Relief, if they will be pleased to take the proper Steps to obtain it: And upon the Whole, I cannot help saying, that if these are all the Complaints that your Constituents have any Reason to make against Recruiting Parties, I am persuaded that no People on the Continent have suffered so little from them as his Majesty's good Subjects, the Inhabitants of this Province.
What was the Opinion of your Committee upon the several Facts that are mentioned in the Depositions and Affirmations, whereof you sent me Copies, or whether we shall agree thereupon, I know not, as their Report was not delivered, notwithstanding it is said in your Address that it was thereunto annexed.
7th December, 1757. Hor.° Sharpe.




Journal of the State Council, 1784-1789. 33