Worldwide Smoot etc.

Maryland
Maryland



Smoot &c., Provincial Records,
and  Headrights

Compiled and Annotated by  Fred Smoot


Note: Those provincial records that identify the county of record or residence have been, for research purposes, “filed” in that county’s records.



The earliest record of Smootes in Maryland is in 1646, the family of William SMOOTE the boatright who was earlier of York County, Virginia (about whom Robert BOUTH of York told the court in December 1646, he is “gon out of the collony to Maryland”). Because two separate records for headright claims exist for a William SMOOTE and family in 1646, one question facing Smoot researchers has been whether there was one William or two.

The system of headrights was initiated by Cecilius Calvert, Second Lord Baltimore and Proprietor of Maryland, to encourage emigration to Maryland. Each “head” (individual) transported to Maryland earned one the “right” to 50 acres of land. Owning a headright, however, was not the same as owning 50 acres since headrights could be assigned to others. For those with headrights, the three three steps were involved: (1) A warrant for a survey; (2) a surveyor’s certificate; and (3) a land patent. The records of Maryland show that William SMOOTE both assigned (sold) and purchased headrights in addition to applying his own headrights:
1, Ref: AB&H 230, 243: William SMOOTE(S): 9 headrights: self, wife Grace, sons Thomas and Richard SMOOTE; daughters Ales, Ann and Elizabeth SMOOTE; his wife’s daughter, Elizabeth WOOD; and servant Ann WOODNOT. (A Supplement to The Early Settlers of Maryland, compiled by Carson Gibb, Ph.D., and electronically published by the Maryland State Archives; Refs: AB&H:230, 243 Film No.: SR 7344; MSA SC 4341-2303, hereinafter Gibbs) (1)

2. Ref: ABH 1, 41 (Liber 2, Folio 210): William SMOOTE: 4 headrights: self, wife and two children (unnamed). (The Early Settlers of Maryland by Gust Skordas)

3. Ref: Liber 2, Folio 617: William SMOOTE “rights” 1646 (ibid.) William SMOOTE immigrated in 1646 with a wife and two children (unnamed) (The Smoots of Maryland and Virginia, Harry Wright Newman (hereinafter Newman, page 3)
The first record is believed to have been the William SMOOTE who is recorded in York County, Virginia on 22 Dec 1646 as “gon out of the Collony to Maryland.” These eight transports (headrights) rendered William SMOOTE eligible for 400 acres of land which may have been the tract in Charles County described on 22 May 1675 as at the head of Smooth branch on the western side of the Wiccocomico River, and granted to William SMOOTE on 26 Jan 1652 (See also, however, 1665 below). The second William SMOOT record may have been William’s son, and may have been applied to a 300 acre tract named “Smoote” near the mouth of Herring Creek in New Town Manor, St. Mary’s County.
William SMOOTE, rights assigned by him in 1665: Will. SMOOTE, Grace SMOOTE, Alce SMOOTE, Anna COOPER, George GILBERT, Bartholomew WELLS, & Alce BROWNE (Gibbs, CC:642, 695 Film No.: SR 8201; Transcript. 7:577, 620 [SR 7349]; MSA SC 4341-4199)
According to Newman, page 4, in 1665 William SMOOTE “transported seven persons into Maryland for which he was granted 350 acres of land, and later an additional six persons for which he received 300 acres. The latter he assigned to Richard Morris.” The index entry for the second record has not yet been obtained, nor either record viewed, but it appears that in the case of the above record at least, that duplicate claims were made for transport of the same individuals (unless William SMOOTE left Maryland in betwixt and later returned - again, research is in progress, with many more records still to be reviewed).

27 Jun 1647. Maryland Court and Testamentary Records, 1647. Page 70. “June 27th Memorandm tht I Willm SMOOTE doe acknowledge my selfe to owe vnto Cuth: ffenwick [FENWICK] Gent 210 lb. Tob: assigned unto him by Robt CLARKE Surueyor being the charges of his suruey dew from mee. W S
Teste me Willm BRETTON Clk.
(Archives of Maryland, Vol. 4, page 318)

3 Nov 1647 Maryland Court and Testamentary Business, 1647, Liber A. Whereas Capt: John PRICE hath vndertaken in my behalfe to pay certaine vnto seuemall psons wthin this prouince: ffor his better security: I doe hereby sell, assigne and set ouer vnto the sd John PRICE, my Pinnace I bought of Leonard CALUERT Esqr wth all the rigging, sales, Anchoridge, or what-so-euer belongs vnto hem: I will and doe hereby avouch the sale against all men wittness my hand the day and yeare aboue written
Signe Concordat cum origini Willia W S SMOOT
Wittness Robt CLARKE

John METCALFE    Teste me Robt CLARK Clke (Archives of Maryland, Vol. 4, page 340

1 Mar 1653. Maryland Court and Testamentary Business, 1653. Liber B. Pages 523-4. At a Court held at St Maries the first day of March 1653. Coll Thomas BURBAGE by Tho CORNWALLEYS Esq his Attorney plte; Willm SMOOTE deft.

The Complts Suit by J his Attory being upon an Action of the Case for Satisfaction upon a Bond of 4 lb. Sterling Entred into by the defendt about 20 years Since in England to one Condiconed for paymt of 50 dayes work in Virginia, which the defendt alledged he discharged according to the Condicon, but prayed that he might not be Compelled to bide any further hearing herein for that it did not appeare that the plte mr BURBAGE had any lawfull power as Attorny or otherwise from him to whom the bond was entred into to Sue ill this Cause and Craved to be dismissed with his Costs and Charges Sustained in this Suit living about 40 miles distant from this Court. It is therefore Ordered that the plts Suit against the defendant be dismissed out of this Court for want of Sufficient power to Execute therein And the plt or his Attorney are to pay unto the defendt one hundred and fifty pound of Tobacco and Caske in respect of his trouble & Charge aforesaid unless the Complt. or his Attorney Shall by the next Court deliver up to the defendant the bond aforesaid the Scale being torne off and being of that antiquity and Nature before Expressed (Archives of Maryland, Vol. 10, page 323)

Richard SMOOTE and Elizabeth, his wife, one headright each by 1668 (Gibbs, GG:514 Film No.: SR 8205, Transcript. 11:554 [SR 7353]; MSA SC 4341-5344 & 4341-5345)

Elizabeth SMOOTE, wife of Richard of Charles Co., service by 1673 (Gibbs, WC:112 Film No.: SR 7549; Transcript. 17:517 [SR 7358]; 19:205 [SR 7360]; MSA SC 4341-6843)
If these are the same couple, then again, duplicate claims were made for transport (assuming, again, that they did not leave the Province, only to return later). According to Newman, page 7, “a warrant on September 26, 1673, was issued to him [Richard] for 200 acres of land, 100 acres of which was due for “time of service of himself and wife Elizabeth performed in the Province...” Newman makes no mention of the 1668 record, but adds that the second hundred acres were “from assignment of Thomas NOTLEY, due the latter for the transporting of John REED and Robert COLLINGSWOOD...”

____________________
End Notes:

(1) Gibbs consists of additions and corrections to Gust Skordas’ The Early Settlers of Maryland, which still need to be added herein, pending transcription of the original sources.

(2) In this context, the term, servant, refers to a contract or indenture under which the individual was transported. Since Elizabeth’s maiden name is still unknown, it is also not yet known to whom she was contracted or under what terms.





    


© Fred Smoot 2002
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