Anthony and Jeremiah Callaway in America
Old Kent: The Eastern Shore of Maryland, The Most Ancient Records of Kent County, Maryland and the Parishes of St. Paul’s, Shrewsbury and I. U., George A. Hanson, M.A. (originally published Baltimore 1876), reprinted by Regional Publishing Company, Baltimore, 1967.
p. 59. Isle of Kent, 5th April 1655. We, whose names are hereafter subscribed, do promise and engage ourselves to be true and faithful to the Commonwealth of England, without King or House of Lords [included in this list of 66 signers is]: Anthony Calliway [who signed by mark.]
p. 107. 8th Month 29th 1655. At a Court houlden for Kent October 29th 1655 at the house of Mr. Thomas Kinson high sheriffe for the County.
“This bill byndeth me, Robert Gammer of ye Isle of Kent Planter, my Heirs, Executors, Administrators & Assigns to pay or Cause to be payd unto Anthony Calloway his heirs, Executors, Administrators or Assigns ye full and Just sume of twelve hundred and fiftie pounds of good & sound merchantable tobacco in leaf with Casks at or upon the tenth of November next ensuing the date hereof; And for the better performance of ye same I the sd Robert Gammer doe bynd over my Crope of tobacco & corne untill ye sd Bill bee satisfied as witnes my hand 16th of July 1655.
Witness: John Rusell, John Winchester
p. 202. 11th Men. 1: 1655
At a Court holden for Kent January the first 1655 at ye house of Mr. Thos. Hynson high Sheriffe for the Countie.
Anthony Calloway havinge made his Complaint or declaration by way of petition; That two men belonging to Accomacke, named Tho. Price & Wm. Johnson not long since came upon this Island & Carried away Contrarie to an Act of Assembly one Robert Gamer, which standeth indebted to your petitioner by bill three hundred and fifty pounds of tob, and one barrell and a half of Indian Corne, And your petitioner begs an attachment upon their boat and saill with twoe Oares: He humbly Craves an Order for present payment according to ye sd Act.
Interrogatories first. Whether Price & Johnson Carried away Gamer & where he was landed?
Ans. Gamer went in their boat, with them and landed to the best of their knowledge at ye head of Elke River.
2. Inter. Whether ye boat was not designed to ye head of Elk River before they went off ye Island?
Ans. No: but to goe to Swane Island.
3. Inter. By whom & whether you were hired to bring or Carie the boat or men?
Ans. Noe: we were not hired.
The deposition of Henry Telion, aged 26 years or thereabouts, sworne, Examined and saith the same which ye sd Winchester doth affirm or ans., being likewise Examined upon ye same Interrogatories.
The Complaint, charge & debt beinge made to appeare by two sufficient witnesses. The Court doth therefore Order that seizure by way of Execution be made upon ye sd boat, saills, & Oares for ye satisfaction of ye sd debt of three hundred and fifty pounds of tob & one barrell & a halfe of Indian Corne with Court Charges.
p. 211. At a Court houlden for Kent Februarie ye first 1655 at Mr. Tho. Hynson’s.
The deposition of Anthonie Calloway, aged 26 years or thereabouts, taken in Court 11th Mo. first 1655, sworne, examined & saith,
That when Mrs. Bradnox came home from Virginia, ye first night ye deponent heard her tell Mr. Ringgold that Carline coming to Capt. Fleet’s & this woman with him, which he carried from Kent, Capt. Fleet provided lodginge for them & for another man, which was there, & provided a bed for ye two women, ye woman with Carline & another woman & Mr. Carline said to yt woman yt hee carried from Kent, “Hunnie thou art a could, wilt thou go to bed.?” She said “No, Sweetheart;” and he took her in his armes, and threw her upon ye bed yt was provided for Capt. Fleet & ye other stranger, & in ye night Capt. Fleet heard them make a noise, and was very angrie, & called to his folkes & bade turn them outdoores, and that ye said Mr. Carline did disown his Wife, beeinge verie angrie, saying that she had under ye Commissioners hand & ye Court’s, & more than that, in ye Chest that her husband brought down there was a Certificate, & ye Chest was broke open, & ye Certificate was found; & there was a Court at Rappahanock, & this woman that went with Mr. Carline was ordered 30 lashes by ye Court, & Mr. Carline was fined for keeping ye servant away so longe, & disowning of his Wife & was banisht out of ye place, & hee went away intending to come to Kent, but Mrs. Bradnox said that hee could not have ye face to come to show his face, & further saith not.
p. 218. At a Court houlden for Kent, September ye first 1656.
Mr. Tho. Broadnox agst. Anthony Calloway, in an Action of ye Case: The sd Calloway conditioned to serve him ye last yeare; but failinge of ye performance of his conditions; the sd Broadnox enters his Action for a yeare’s service to be made good ye next year. The defendant brings two Oathes for his defence as followeth:
The deposition of Mr. Tho. Hynson, aged 36 years or thereabouts, taken in the presence of ye Court, sworn, examined & saith,
That being at ye house of Mr. Broadnox about January last, Mr. Broadnox desired y’r deponent to write a Condition between Anthony Calloway and him at that tyme, but had spoke to ye deponent divers tymes before to ye same purpose; and of writing thereof your deponent did Arrest ye sd Calloway at ye suit of Jno. Deane* for ye performance of a bargain of service which hee had made with him before, and ye said Antbony being cald to put his hand to ye condition made betwixt Mr. Broadnox and himself formerly mentioned; after hee was arrested, the sd Anthony desired that he might speak with Jno. Deane first; Mr. Broadnox replied again, hee might put his hand to it without any question, for if Deane have you by order of Court then I cannot have you.
* Wonder if he is related to Wm. Deane who caused Mistress Alice Kelway such grief at her shop in New Sarum?
The Provincial Court was established soon` after the founding of the Province of Maryland. The personnel of the Court was the same as that of the Governor’s Council which also sat as the Upper House of the Assembly, functioning both as a legislative body and a court of appeals. These same men also sat as a Court of Chancery, as an Admiralty Court and as a Court of Orphans. Sometimes the clerk defined which court was sitting, but often did not make the distinction.
Proceedings of 1658:
p. 83. Jacob Lumbrozo demandeth warrant against Anthony Salloway in action of Debt of 600 lb. tobacco.
p. 89. Appointment of Commissioners for Anarundel County: Cecilius absolute Lord &c: To Richard Wells, Thomas Todde, Samuel Withers, John Brewer, Anthony Salway, Rogers Grosse, Richard Woolman, Robert Burle, Thomas Taylor, Thomas Besson, Thomas Howell; The Sr. Rich: Wells, Thomas Todde, Samuel Withers, Comrs. & Judges.
p. 129. Sub poena for Philip Morgan to testify in the Cause depending betwixt Jacob Lumbrozo & Mr. Anthony Sallway, 500 lb. Tob. forfeiture.
p. 213. To the honble. Governor & Councell. The humble Petition of Samuel Tilghman Humbly sheweth that your petitioner having payd for the use of Robert Kedger four pounds of lawfull money of England, In consideration whereof the sd Robt. Kedger did give unto your Petitioner Bills of Exchange charged upon Mr. Callaway to pay the sd four pounds, with a letter of advice to that purpose. But being demanded there, it was denied & therefore protested. Therefore your petitioner desires judgment agst. the sd Kedger with the Costs & Damages, and your petitioner shall pray &c:
Unto the petitioner the pltf. abovesaid the deft (by Mr. Attorney General) acknowledgeth the Bill of Exchange mentioned in the pltfs Petition yett sayeth that hee this deft. shipped on board the pltfs. ship one hogshead of Tob. & had Two Bills of Lading for the same & sent one to Mr. Callaway, yett the pltf. never delivered that hogshead to whom it was sent.
To which the pltf. sayeth that That hogshead of Tob. was not delivered to him (as is alleged) but to one Browne, who disposed of the hogshead according to the defts. order, as appeareth by this Certificate or attestation.
Robert Morris of Ratcliffe Mariner is ready to make oath that in June 1653 (or thereabuts) Samuel Tilghman master of the ship Golden Fortune then at St. Maries in Maryland, did receive into the sd ship one hogshead of Tob to be delivered in London shipped by Robert Kedger living in that place, with a Charge to one John Browne then being a passenger in the sd ship by the sd. Robert Kedger to deliver it to a friend of the sd Kedgers in Southwarke. Delivering to the sd Browne his letter & Bill of Lading , with order to the sd Browne to deliver it with the letter & Bill as abovesaid, But in case hee could not find his friend, to dispose of it & give him an Account. Allso the sd Robt. Morris will depose That the sd Browne told him That he could not find the sd Kedger’s friend & therefore according to Order from the sd Kedger he made sale of the hogshead in his sight. But what money Browne received therefore he is uncertain. Also the sd Robt. Morris Two years after was questioned by a Servant of the sd Kedgers about this business, where in Virginia he made Oath to give the sd Kedger satisfaction to what is abovesaid set down and the sd Robt. Morris doth likewise say & is ready to make oath That the hogshead was much Demnified when Browne sold it.
To all which particulars I am ready to make Oath ----Rob. Morris. June 15th 1657. To Mr. Jeremiah Callaway.
Sr. pray pay unto Capt. Samuel Tilghman or his order att sight of this my first Bill of Exchange my second & third not coming to hands, the sum of four pounds sterl. Pray make good payment, place it in the account of your very loving friend.....Robt. Kedger.
Bee it knowne unto all men by these presents that on the thirteenth day of the month of November in the Yeare of our Lord 1657 at the intance & request of Mr. Samuel Tilghman of Ratclifffe Mariner I John Daniel Notary & Tabellion publick dwelling in London, admitted & sworne went to the now dwelling house of Mr. Jeremiah Calloway scituate in Southwarke neere London & there speaking to his servant I asked him if that the sd Mr. Jeremiah Callaway his Master were att home, or had left any order with him for the payment of a Certain original Bill of Exchange unto him shown & whereof the copy here before is written word for word. Whereupon the sd Servant answered that his Master was not within, neither had he left any order with him for the payment of the sd Bill of Exchange, which answere I the sd notarie having heard, att the instance & request as aforesaid protested, even as I do protest by these presents for want of present payment of the sd Bill of Exchange, & of Exchange & Rechange & all costs, damages & interests already suffered & sustained, & yet to be suffered & sustained as well agst. Robt. Kedger drawer of subscriber of the sd Bill of Exchange & agst the sd Jeremiah Callaway, to whom the Bill is directed as agst all others in the sd Exchange which are any ways bound to recover all the sum of them or of their goods in time & place as of right shall appertaine. Thus done & protested in this Citty of London in the presence of Willm. Allen & Thomas King witnesses hereunto required.
Good attestor rogatus & requisitus ---- Johannes Daniel, Not. publ. &c
Mr. Edward Packer sworn in open court sayeth that sometime in June was Twelfmonth being aboard Capt. Tilghman’s ship, he heard the differences discussed betwixt the pltf. & the deft. concerning this hogshead of Tob: yet after much dispute & contention betwixt them, both parties were satisfyed (as this Deponent understood & imagined) And thereupon Robt. Kedger signed a Bill of Exchange of four pound sterl., to the plft.
It clearly appearing to the Court both by Robt. Morris his attestation, Date of the Protest & Letter of Exchange & Mr. Packer’s Deposition that that hogshead in dispute was not shipped by the deft. to the intent to satisfy this Bond, as the deft seems to infer: neither had the pltf any particular Care of Charge given, & undertook by him, in or concerning the same. It is therefore ordered that the Deft. pay his Debt of four pounds sterl. to the pltf. with Twenty shillings over & above for damage, and four shillings more for the Protest, Besides Cost of suit.
Proceedings of 1660:
p. 419. Anthony Sallaway was one of those returned as members of the Grand Jury for Ann Arundell County.
Proceedings of 1663:
p. 8. I have sent a Cheese per the Bearer. The passengers which we carry for England are these: Anthony Selway, Richard Devour, Tho: Thurstone, Willm. Hill, George Hill, for whom I do hereby engage myself to see satisfied, as witness my hand this 26 January 1662. Tho: Bisse
p. 88. A Jury of Inquest to inquire how Anne Vaughan came to her Death [a list of 12 jurors named].
We the Jury of Inquest having viewed the Body of Anne Vaughan servant to Mr. Anthony Salloway of the County of Annarundell do find two wounds in her throat with a pair of scissors & and one in her Belly supposed to be with a knife, & a small wound in her side, which sd wounds we do suppose to be the immediate cause of her death. And we do according to the best of our knowledge & consciences suppose that she gave herself the sd wounds & do indict her the sd Anne Vaughan of willful murder & soe we give our verdict the 17th day of August 1663. William Hunt, Foreman, Sam Chew, Coroner
Proceedings of 1663-4:
p. 113. The name of the Jurors of Enquest that viewed the body of Thomas Teedsteed, Servant to Mr. Anthony Salway of the County of Annarundell. [Jurors named, including Anthony Salway].
Wee the Jurors of Inquest being impanelled to search the body of Thomas Teedsteed supposed to have murdered himself do find a wound on this throat, which we conclude to be the immediate cause of his Death. And we further conclude that in all probablilities & by circumstances made appear unto us, that he the sd Thomas Teedsteed gave himself the sd wound & so we the sd Jurors do with one Consent give our Verdict this Seventeenth day of November 1663.
Wherefore we the sd Jurors of Inquest do indict the sd Thomas Teedsteed, he not having the fear of God before his Eyes for feloniously & willfully murdering himself. Ri: Wells. Sam Chew, Coroner
Proceedings of 1664:
p. 286. Then came Sam: Chew of the County of Ann Arundell the Attorney of Anthony Salway, and enter Caveat agst. Thomas Marsh of the said County that no patent issue forth of the Secretary’s Office for that land or any part thereof called “Silverston” being in the whole Eight hundred acres, formerly surveyed and by pattent held by the said Salway, until the right of the said Salway thereto be heard & determined.
Proceedings of 1668-69:
p. 623. Let it be Enquiered for the Right Honoble the Lort Proprietary of Toby Wells late of the Isle of Kent Planter the one and Twentieth day of a Aprill in the yeare of our Lord One Thousand Six Hundred Sixty and Three with Force & Armes &c. Att the Isle of Kent aforesaid a Certaine Instrument in writinge called an Assignment of a Wartt For Lande under a warrtt for Lande granted by the Honoble Phillipp Calvert Esqr unto Mary Conner of the said Isle of Kent for Twelve Rights to Lande to her due uppon Record did Forge & Counterfeit and alsoe the said Mary Conners hande writinge did Forge & Counterfeit, And Alsoe the names of Anthony Callaway & Moses Staggoll supposed witnesses thereunto did Forme Forge and Counterfeit to the Greate Damage of the said Mary the Evill Example of all others in the like Case Offendinge, And Contrary to the peace of the said Lord Proprietary his Rule & Dignity, and agt the Forme of the Statue in that Case made and Provided.
Proclamacon hereuppon beinge made, and none appearinge to prosecute, the Judgment of the Court is, That the said Toby Wells should goe quitt of the said Indictment.
Proceedings of 1673:
p. 114-5. Know all men by these presents That I Richard Salwey of the Citty of Worcester Gentl., Brother and Executor of the last will & Testament of Anthony Salwey late of Ann Arundell County in the Province of Maryland Deceased, Who Lately Dyed in England, Have made Assigned Ordeyned Authorized Appointed and Deputed and in my place and stead by these presents have put & Constituted my Trusty and welbe Loved friend Edward Perrin of the Citty of Bristoll merchant my True and Lawfull Attorney for me & in my name and stead, and to and for my onely proper use and behoofe To Aske Demand, sue for, Leavye, Recover, and Receive of John Sollers, and of all & every other p’son and p’sons whome it shall or may Concerne, Inhabiting Resideing or abyding in Maryland, All such Tobaccoes, goods, Wares Merchandise, wrytings, Bills, Debts, dues & Demands whatsoever, which were due oweing or belonging to my said late Brother Anthony Salway Deceased, and now due & belonging unto me whether the same be by Bill Bond Booke Account, or by any other wayes or meanes howsoever, or for any matter or cause whatsoever, And also to Demand Enter into and take Possession of all such Lands, Plantations, Servants, and Cattle, as did belong unto my said Late Brotehr at the tyme of his Death in Maryland, And the same to Lett sett and Dispose of for my best Advantage, As my said Attorney shall thinke fitt, And to Call the sayd John Sollers or any others to Accompt & Reckoning Concerning the premises, Giveing and by these presents Granting to my said Attorney my full power and Authority in the premisses for me & in my name & stead To Sue Arest, Attach, Implead Condemne & Imprison the said John Sollers or any other of the said p’sons so Indebted unto mee, or which doe or shall Deteyne from me any Lands Plantations Goods Servants, or Cattle, And any of his or their Goods or Chattellls, and him & them and his & their Goods and Chattlells out of prison againe to deliver or cause to be Delivered, And also to Compound & make Composition with him or any of them Concerning the premises, and after the receipt thereof or Composition made, Accquittances or other Lawfull Dishcarges for the same so Received or Compounded for, for me and in my name & stead to make Seale & Deliver as my Act & Deed Attorney also or Attorneys one or more under him to make & substitute and the same againe at his pleasure to Revoke, And Generally to doe Execute performe fulfill and finish all and whatsoever else shalbe Needfull or necessary to be done in or about the premisses in as Large and Ample manner & forme, To all Intents and purposes whatsoever as I my selfe may or might doe if I were there p’sonally present or the doer thereof, Ratifyeing Confirming and Allowing all and whatsoever my said Attorney shall doe or cause to be done in or about the premisses, To be as good and Effectuall in the Law as if I had done the same in myne owne p’son. Wittnesse my hand & seal in Bristoll the sixth day of September in the four & Twentieth yeare of the Raigne of our sovraigne Lord Charles the second King of England &c. Anno Domini - 1672. Richard Salwey sealed
Sealed and Delivered in the presence of
John Rogers, Richard Harry, Peter Perkes,
Zachary Smith, Alexand. Thompson
Thomas Hartwell Notr. Pub.
Proved before me p Zachary Smith one of the witnesses in the Country Xber 12th 1672, Charles Calvert
Proved before me by the Oath of Peter Perkes one of the witnesses to the abovesd Litre of Attorney the 7th May 1673, Charles Calvert
Proceedings of 1674:
p. 357. By this Publick instrument of procuration or letter of Attorney be it Knowne and manifest unto all those who Shall See these presents or have the Same read that On the One and twentith day of the month of February Anno Dom 1673 and in the Six and twentith yeare of the Reigne of Our Soveraigne Lord Charles the Second by the Grace of God King of England Scotland France and Ireland Defendour of the faith &c. Before me Nicholas Hayward Notary and Tabellion publique dwelling in London by Authority of his Said Maj’tie admitted and Sworne and in the presence of the witnesses hereafter named personally appeared Mr. Robert Webb of the Middle Temple Gent, executor of the last will and Testament of Daniel Kelway deceased in his life time Citizen and Girdler of London who hath made Ordained and constituted as by these presents in his Stead and place he doth make ordaine and Constitute Robert Taverner and John Broome of London Merchants his true and lawfull Attorney and Attornyes Giveing and by these p’sents Granting unto his said Attorney and Attorneyes joyntly or to either of them Severally full power and lawfull authority for him constituant and in his name and to his Use in the quality aforesaid to aske demand Sue for levy recover and receive of Thomas Stanly of Maryland merchant of the heirs executors or administrators of late of George Harris in his life time of Virginia and of John Fordsham or of any other person or persons whatsoever who were Debtors unto the Said late Daniel Kelway at the time of his decease or of their Severall Goods effects plantations Chattells and estate whatsoever wherever he they every or any of them are or shall be found either in Maryland or Virginia all Such Sume or Sumes of mony tobaccoes goods wares Merchandises or the proceeds thereof which any person or persons whatsoever are oweing and indebted or have in their or any of their custody or possession due belonging or appurteining unto the said late Daniel Kelway at the time of his decease and now of right belonging unto the Said Robert Webb the Constituant in the quality aforesaid Be it by bond bill booke account reckoning proceeds or goods Sent from hence or otherwise for what cause or reason whatsoever Also to demand and require an accompt of the Said Thomas Stanley of all Trade dealeings and concernes betwixt him and the the Said deceased and the Same accompts with the said Stanley or any othr person to Settle adjust and agree & to take and receive what Tobaccoes Goods debts or other things shall belong to the estate of the Said deceased by the ballance of the Said accompts upon recoveryes and receipts to give and acquittances releases and discharges in due form And if need by appear before all Lords judges and justice in any Court or Courts there to answer defend and reply in all matters and causes touching or concerning the premisses to doe Say Sue pursue implead arrest Seize Sequester attach imprison and to condemne and Out of prison againe to deliver And also the Said Constituant in the yeare aforesaid doth by these presents authorize and impower his said Attorneys or either of them not only to recover and take into their possession all tobacco goods debts and all other thinges any wise due or oweing unto the Said late deceased Daniel Kelway But also to act manage and performe all affaires and concernes whatever touching or anywise relating to the estate of the Said deceased And Generally to use all lawfull wayes and meanes for the recovery thereof either by Suite of law or otherwise as fully and amply to all intents and purposes as he Constituant himselfe might or could doe if he were personally present with power to Subsitute One or more Attorneys and the Same againe to revoake the Constituent in the quality aforesaid promiseing to hold for firme and valid all and whatsoever the said Robt. Taverner and John Broome or either of them joyntly or Severally or their or either of their Substitutes shall lawfully doe or cause to be done in and about the premisses by virtue of these presents In witness whereof the Said Constituant hath Signed Sealed and delivered these presents This done and passed in London in presence of the persons underwritten witnesses thereunto required - Rob: Webb (Sealed)
Sealed and delivered in pr’sence of
Tho: Philip Nicholas Hayward, Notary and Tabellion Publique
To all that Shall See these presents or heare them to be read I William Hooker Knight Lord Mayor and the Aldermaen of the Citty of London Doe hereby make knowne and Certifie That Nicholas Hayward who hath Signed and attested the Procuration or Letter of Attorney abovementioned is a Notary and Tabellion Publique legally by Authority of the Kings most Excellencey admitted and Sworne dwelling in this Citty and that to Acts instruments procurations or Letters of Attorney and Other writeing By him Signed and attested is faith and Creditt given in Court and without In faith and Testimony whereof Wee the said Lord Mayor and Aldermen the Seale of the Office of Mayoralty of the said Citty of London have caused to be pressed and affixed to these presents Given at London the eight and twentith day of February Anno Dom 1673 and in the Six and twentith year of the raigne of Our Soveraigne Lord King Charles the Second of England, etc.
From the card index to Maryland Marriages, Maryland Hall of Records, Annapolis
Calloway, Anthony & Martha Thomas married 10 Sept 1658, Kent County
Early Settlers of Maryland, Skordas -
[Land grants to those who furnished their own transportation or provided for the passage of others to Maryland. This index refers to the names of persons who came into Maryland with the intent of settling there, whether they furnished their own transportation or whether someone else provided it.]
Calloway, Anthony Liber 11 folio 294 Of Kent Co, Aged 39, Apr. 7, 1688.
Compiled by Sherrill Williams, CFA Genealogist, November 2004.
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