Wednesday, October 21, 2015

Arriving in America

The Origins of Maryland

Maryland developed from a tract of country belonging to the original grant of Virginia. George Calvert, the First Lord Baltimore, was looking for land with a similar climate to that of England on which to establish his new colony. He had founded a colony on the Island of Newfoundland in 1627, but due to extreme bitter cold in the winter, the colony was abandoned and the colonists returned to England on the ships, the Ark and the Dove. He then put his sights on obtaining land in Virginia, parts of which had already been colonized. In 1632, King Charles I of England granted what is present-day Maryland and Delaware to George Calvert. George wrote the Charter of Maryland, but died that same year. His son, Cecelius Calvert, the Second Lord Baltimore, along with his brother, Leonard Calvert, were determined to complete their father's mission and establish a colony in which those in England who suffered from religious persecution could live in a land where freedom and tolerance would reign. That land would become Maryland.

Maryland did not receive the name that was initially planned for it. When George Calvert wrote the Charter, he left the space for the name blank, thinking that King Charles would like to write in the name, "Crescentia," the land of Increase of Plenty, when he signed it. Following George's death, Cecelius presented the Charter to the King who was surprised that the name of the colony had not been entered. The King decided that the new colony should be named after the Queen, "Terra Maria", which is Latin for "Mary Land." (Pogue 1968, 32)

In order to get the best applicants for the new colony, Cecelius Calvert "advertised" the new world. He did a tremendous sales job on the new territory, basing his remarks only from reports he had received from explorers such as Captain John Smith, who had not seen the land all the way up the Potomac River himself.

Cecelius' salesmanship proved effective as he recruited near twenty "Gentlemen" as well as shipbuilders, carpenters, wainwrights, brick makers, farmers, and their wives. There were people from all classes of Englishmen, both Catholics and Protestants (Anglicans). Some of those aboard were indentured servants who gave up their freedom in exchange for their paid passage to Maryland which would then be repaid through work in the new colony. It has been reported that at least two persons of African descent were among the initial passengers as well.

To avoid the risk of starvation which had plagued the colonies of Jamestown and Plymouth, Cecelius spent one year carefully preparing for the journey. He planned the departure from England in winter so that the colonists would arrive in Maryland in the spring when planting season began. An abundance of food was stored on the ship which included items such as wine, beer, flour, cheeses, dried fish, and an abundance of vegetable seed. He also required each man and woman to take along enough clothing for one year, as well as additional supplies.

Population and Patterns of Immigration

 Initially, the population in Maryland increased from the first 140 settlers who arrived on the Ark and Dove to an approximate 600 inhabitants by 1640. A period characterized by severe depression and political turmoil caused a reduction in the population to only about 200 by 1645. In the late 1640's, the recovery began with a rapid growth in population throughout the remainder of the colonial period.

Mortality rates in transit and upon arrival in Maryland were often high. Colonists were faced with an initial period of "seasoning" that some did not survive. Diseases such as malaria, smallpox, diphtheria, yellow fever, and influenza were prevalent.

Life expectancy was short. Males who reached 20 years old could expect to die in their early 40's. Less than 30 percent of males survived to celebrate their 15th birthday.
The price of tobacco influenced immigration patterns. When prices were high, merchants actively recruited additional servants from England. When production overflowed the market and brought prices down, immigration slowed.

There was a surplus of men which limited the possibility of marriage. Men outnumbered women six to one in the 1630's and three to one in the 1690's.

Marriages were later in life. Most women who came to Maryland were indentured servants and generally in their early twenties. Indentured servants were not permitted to marry until they completed their contract, which was typically four or more years.

Families were small. Women rarely had more than four children. Nearly 30 percent of the children born in Maryland died by one year old and nearly half before reaching age 20.

The Land Office

When King Charles I granted the Charter of Maryland to Cecil Calvert on June 20, 1632, he gave him ownership of all land within certain boundaries. Article XVIII of The Charter gave Lord Baltimore full authority to "assign, Alien, grante, demise, or enfeoff" any parcels [of the Province} to any persons willing to purchase the same.  Down to the time of the Revolutionary War, all land grants in Maryland came from the Lords Baltimore, and after the death of Frederick, the 6th Lord Baltimore, from his son, Henry Harford, the Proprietor. It was the custom to date legal documents by the Regnal Year of the British Monarch, and this phraseology gave rise to the unfounded myth that Marylanders had "land grants from the King." Between 1634 and 1680, the Calverts encouraged settlers by promising to grant each settler so many acres (usually 50 acres) for himself and for each other person he or she brought into the Province. In 1680 this "head right" system was abolished, but Charles Calvert, 3rd Lord Baltimore, created the Land Office

The Patent Process

At the provincial level were the records of transfers of land  (warrants, certificates of survey, and patents) from The Proprietor (Lord Baltimore and his successors) to private individuals.
Since all land in Maryland had been given by the King to Lord Baltimore, an individual who wanted a grant of land would have to apply to Lord Baltimore, or to Lord Baltimore's Land Office. Until 1680, the records might read that whereas "John Doe" was due so many acres of land, because he had brought himself, and/or family and or servants into the Province, an order (Warrant) was issued to the county surveyor to lay out so many acres of land. and to create a document known as a Certificate of Survey.

Step 1: Obtain a Warrant.

Step 2: Having the Land Surveyed.  

They give the actual dimensions, or metes and bounds of the survey, and are usually accompanied by a scale drawing of the survey. Boundary trees and rocks, and bodies of water, may be indicated. Entries give tract name, name of person for whom land was surveyed or who was filing the petition, and number of certificate or petition. Arranged by county and then by tract for certificates and individuals for petitions.

Step 3: Patenting the Land

Patents are documents granting ownership rights to some previously unpatented property. It has the nature of a deed and contains a description of the property and conditions of tenure. It sometimes happened that a man might apply for a warrant and have the land surveyed, and the would die before the land was patented. The warrant and certificate of survey might be in  the name of "Richard  Roe," and the patent might be in the name of John, Joseph, Mary, and Elizabeth Roe, children of Richard Roe, deceased. The patent records contain patents, certificates of survey, and some warrants of survey. Early entries also include probate records and records pertaining to indentured servants.
The patent records thus document the arrival in Maryland of nearly 80 percent of the settlers estimated to have entered the colony prior to 1684. Claims for surveying or patenting land frequently recount inheritances or assignments that provide further genealogical information. "

In theory, all land in the state has been patented. However, because of survey errors or land simply not being included in an original patent, some land may be legally vacant. Land is not vacant simply because it is no longer on the property tax assessment rolls or because it does not have a current deed reference. For land to be vacant for the purposes of applying for a land patent, it must meet the legal definition of vacant land, viz., "land for which a patent never has been issued." 

A vacancy is found by a title search back through deeds, probate records, equity court cases, surveys and patent records to the earliest surveys and patents in the area in which the alleged vacancy is located. If land is found that is not included in a patent, it may meet the legal definition of vacant land.

Introduction to New Early Settlers of Maryland

During the first years of his Province of Maryland, 1633-1681, Lord Baltimore rewarded people who transported themselves or others with rights to land, usually called headrights. For most of the period, the reward was a right to 50 acres of land per person transported. To enter and exercise his rights, a person had to give the names of those, including himself, whom he had transported. Therefore, the records of these transactions include the names of the settlers.

From these records, lists of settlers have been made since early in the nineteenth century. But only in 1968 was one published. This was Gust Skordas's The Early Settlers of Maryland, immediately a cornerstone of genealogy. In 1997 A Supplement corrected and enlarged The Early Settlers. Now The New Early Settlers of Maryland, a complete revision, replaces Skordas's work.

In 1975 Russell Menard wrote that the "best estimate" of immigration to Maryland between 1634 and 1681 is 32,000 (Economy and Society in Early Colonial Maryland, 1975, pp. 175-6). The New Early Settlers  has about 34,000 entries, which, allowing for duplications, is close to Menard's estimate.
Four points need to be made about the records.

First, having rights to land, the reward for transporting oneself or others, was not the same as possessing it. Between proving these rights and possessing the land were three steps, represented by three papers: a warrant for a survey; a surveyor's certificate of his survey; and a patent to the land surveyed. As each of these steps cost money, many settlers who were hard-pressed to pay for things they needed immediately, such as tools and live-stock, assigned - that is, sold - their rights. In the records of these transactions - probates (proofs) and assignments of rights, demands of warrants, certificates of survey, and patents - are the names of the settlers.

Second, the probates and most assignments are of rights for transporting people. The names of people transported are in the records primarily as a means of identifying the rights. Indeed, rights often are said to be "called" or "titled" by people's names.

Some names denoted people as well as rights. Among them are those of people who themselves were assigned along with rights. Other names that continued to denote people are those of people who completed terms of service or were issued warrants or certificates or granted patents. Tracing these names is tracing the settlers themselves.

But those are the exceptions. The names of most settlers immediately became names of rights and lived in the records independent of the settlers. Tracing names as rights go from person to person or are used for acquiring land is tracing rights only. Indeed, as many settlers died soon after arriving, some of the names circulating must have been of the dead.

Third, assignments of rights caused contradiction among records. Those that were recorded - evidently, many were not - constitute an important part of the records. Rights often were assigned several times. Often many years passed between their probate and their use for land. Speculators bought them by the dozens and assigned them a few at a time or used them to patent large tracts.
This circulation of rights explains the main contradiction assignments caused. Often a settler appears both to have transported himself and to have been transported by somebody else. If his name is common, the quick explanation is that here are two people with the same name. The less common the name, the less plausible that explanation and the greater the need for another. One name not merely uncommon but unique is that of Andrew White, leader of the Jesuits who came on the Ark. For him there are two entries, one saying that he transported himself, the other saying that he was transported. The first refers to Patents AB&H:65 and 1:37, in both of which Mr. Ferdinando Pulton (a Jesuit) demands land for the transportation of Andrew White and a number of other persons, assigned to him by Andrew White. That is, White assigned to Pulton the rights for transporting himself and the others. The second refers to Patents 1:19 and 166, in both of which Thomas Copley, Esq. (a Jesuit), who transported himself in 1637, demands land for the transportation, in 1633, of Andrew White and the same persons listed in Pulton's demand. Though there is no record of these rights going from Pulton to Copley, they obviously did. Hence the other explanation is that, as rights were assigned from person to person, identities of transporters appeared to change.

To put it another way, often records of transportation that imply that A transported B mean only that A had the right to land due for transporting B. For instance, on 19 November 1672 Robert Bryant proved rights for transporting Richard Hacker, his wife, four children (all named), John Burges, Samuel White, and John Reynolds, himself, and Honour, his wife (Patents 17:396); but on 27 July 1672 Richard Hacker entered rights for transporting the same people, except the last three (Patents 16:635). Again, on 2 June 1669 Augustine Herman entered rights for transporting John Cornelius, Anniken Engels, his wife, Gertruyd, their daughter, and Cornelius and Hendrick, their sons (Patents 12:243); but on 21 October 1668 John Cornelius assigned to John Pole of Baltimore Co. the rights due to him for transporting the same people (Patents 12:270). In neither case is there record of an assignment, but in each there must have been one.

To confuse matters further, sometimes rights were entered for service and assigned as for transportation. Edward Chandler did so on 4 January 1669 (Patents 12:389), Trag Otrasis on 11 December 1665 (Patents 9:189, 268), and Henry Frith on 9 April 1667 (Patents 10:466). On 20 December 1669 seven rights, some for service, some for transportation, were assigned as for transportation (Patents 12:386-7). And often, especially in patents, rights are used without being attributed either to service or to transportation. The clerks' job was to see that rights were properly credited not to determine how they were acquired.

Fourth, except family members, most settlers transported by others were bound to serve their transporters, usually for four or five years. That is, they were servants and in the records are often so called. But the label "servant" was no stigma. In the seventeenth century it had meanings different from those of today. It denoted a person of low class and menial occupation. The settlers closest to the modern idea of servants were those shipped by the dozen. They are listed some times as "servants," some times as "persons," and some times as both.. But "servant" denoted as well people up and down the social scale and in various situations. A duke was his king's servant, a baron his duke's servant, and a lover his mistress's servant  In these records "servant" seems often to mean nothing more than transportee. On 12 October 1652, when William Chaplin demanded land, Alice Bancroft was his servant, but in his patent of l8 November 1658 she was his wife's daughter (Patents AB&H:273; Q:210). On 15 December 1669, immediately after entering rights for transporting himself and Thomasin, his wife, John Barnard assigned rights for transporting himself and "one servant woman" (Patents 12:380). And in an assignment of 10 July 1656 the first name in the list of "servants [Ralph Williams] brought into this Province" is "Ralph Williams" (Patents 5:410).
As the term "servant" was ambiguous, so the status of servants was changeable. For one thing, sometimes terms of service were much shorter than four years. Sometimes settlers were servants and masters at nearly the same time.
The New Early Settlers uses the label "servant" only to identify people whose last names are not given and to distinguish servants from other members of households.

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