“Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists."
― Franklin D. Roosevelt
Theobald is also spelled:
Theobaldes, Theobaldo, Theobalds, Theoball, Theoballs, Theobals, Theobold, Theobolds, Theboult. (Pronounced Tibbals)
Arms-Gules, six crosses, crosslet fitchée or.
Crest-A phoenix with wings expanded
sable in flames proper.
A society's legal system reveals much about it. A broad spectrum of behavior was considered criminal in Colonial Maryland and punishment was harsh.
Maryland was established with religious freedom for Catholics. The colonial economy was based on tobacco cultivated by Africans who had been enslaved.
Clement Theobald was born on May 29, 1615 in Durham, England.
He arrived on the ship William in 1641 at Norfolk, Virginia and two years later, moved to Charles County, Maryland. In 1643, Thomas Cassen received 400 acres in Norfolk County, Virginia for transporting Clement and others to Virginia.
They and eyther of them present Clement Theobald Lynhaven Singleman and Elizabeth Hall his womn for living and continency in apparent fornicatior a bastard Sonne was lately borne of her,
Elizabeth claimed John Powys was the baby's father.
and as wee are informed she hath charged John Powys the sonne of Robert Powys to bee the father of ye same. In witness whereof wee have hereunto sett our hands this 16 Feb 1645.
John Norris also had sex with her.
That the said Norris was taken lyeing with the said Elizabeth Hall
Elizabeth received 20 lashes.
His first wife was named Catherine. Their son was William Theobald.
Clement was mentioned in court testimony in 1656 as Simon Oversee's (1628-1659) overseer. Job Chandler, in testimony regarding the brutal death of Antonio, and enslaved man. He said that in March, 1656, Oversee brought Antonio, to his Portobacco Creek plantation and there left him there with his overseer Clement Theobalds.
In March, 1660 Mrs. Theobald was called to testify in a defamation suit.
In a court case on February 10, 1662, Thomas Chapman, age 21, said he was hired in Virginia by Richard Pinner to work in Portobacco for Edmond Lindsey. Lindsay sent him to Clement Theobalds.
In July, 1662 Clement gave his daughter, Elizabeth, and her Godfather, Captain Robert Troope "a brown pied heifer."
In 1668, Thomas Corker, Elizabeth's future husband, was found guilty of manslaughter by misadventure for shooting and killing Richard Turner who was sleeping in Clement Theobald's, woodpile. Clement and Mary, were witnesses at the indictment and Clement was also on the jury that tried and then pardoned Corker.
A Clement Theobals was listed as having a servant, George Short, age 17 or 18 in 1670.
Clement died on January 5, 1675/76 in Charles County, Maryland. His estate consisted of numerous debts.
Elizabeth died at age 26 on May 11, 1682. That same year, 23 year old Clement, Jr. was killed in a horse accident.
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.
To be presented to the court meant to be charged or indited.
Charles County is in south central Maryland and was created in 1658. The first settlers were mainly English tobacco planters, their indentured servants and enslaved people. Many of of the settlers were Roman Catholic.
The county, as originally laid out, also included parts of present
day Calvert, Prince George's and St. Mary's Counties.
The first European settlements in Maryland were made in 1634 when English settlers created a permanent colony.
Colonial Maryland
used the headright system to encourage settlement. Land was granted to anyone who would pay fthe transportation costs of a laborer.
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.
Lower Norfolk County, Virginia Court Records: Book "A" 1637-1646
by Alice Granbery Walter
16 Feb 1645/6
They and eyther of them present Clement Theobald Lynhaven Singleman and Elizabeth Hall his womn for living and continency in apparent fornicatior a bastard Sonne was lately borne of her,
and as wee are informed she hath charged John Powys the sonne of Robert Powys to bee the father of ye same. In witness whereof wee have hereunto sett our hands this 16 Feb 1645.
Rob: Powys Clicus
Edward Hall his mark
John Martin
16 Feb 1645/6
Allsoe they and eyther of them further say and present one John Norris servant to Thomas Cason. That the said Norris was taken lyeing with the said Elizabeth Hall as by father testimony it may hereafter appeare
Robert Powys Clk
Edw: (x) Hall
John Martin
The Court doth order that Clement Theobalds and Elizabeth Hall and John Powys and John Norris doe make theire personall appearance at the next Court to answer unto such misdemeanors and matters of presentmt: as are and shall be objected to against them. And the sherriffe to take security for theire appearance accordingly.
Thomas Corker obtained a patent for 200 acres of Betty's Delight in 1671.
Corker sold part to Clement Theobald in 1675.
Clement's son, John Theobald, left it to his son, William Theobald. It was then in Baltimore County. John Hanson acquired 100 acres in 1676 and left them to his son
Robert.
In 1746, Robert Hanson left it to his grandson Robert Hanson (son of Samuel Hanson).
When a mark is used for a signature, the person was probably illiterate, but may not have been able to sign because of age or infirmity.
A surety bond is a promise to assume responsibility for the obligation of a borrower. The person who provides this promise, is known as a surety or security. Bondsmen were usually relatives or family friends.
Adapting to a New World: English Society in the Seventeenth-Century Chesapeake by James J. Horn
A fifth of all female servants in Charles County, Maryland, were presented to the court between 1658 and 1705 for bearing bastards. . . . Clement Theobald of Lynnhaven was presented by the churchwardens of his parish "for living and continuing in apparent fornication" with Elizabeth Hall, his servant, "as a bastard son was lately born of her." She received twenty lashes for "diverse misdemeanours and apparent whoredom."
Port Tobacco Village or Portobacco, is a town in Charles County, Maryland which was settled about 1634 by English immigrants fleeing religious turmoil. It was first called Chandler's Town.
from Ancestral Records and Portraits,Volume 2 by Colonial Dames of America
Arms: Gules, six crosses crosslet or.
Crest: Phoenix with wings expanded, sable proper.
Motto: Honneur et patrie.
The colonist, Clement Theobald (pronounced in accordance with English custom "Tibbals"), living in Lower Norfolk County, Va., 1641 (Probably the first of the name in America as the date of his residence in Virginia was only thirty-four years after the settlement of Jamestown),went to Maryland, 1654, dying in Charles County 1675. The coat of arms borne by his descendants in America, indicates that he came of the Theobalds of Kent, Eng. (Family Bible, verified and extended by Dr. Christopher Johnston, Genealogist, Johns Hopkins University.)
He was twice married, his first wife being Catharine, and a son, William [Theobald], was a sworn attorney of Charles County Court;
married second, Mary; issue, three sons and three daughters.
The youngest of these sons, John Theobald I., born in Charles County 1666, and died 1713, married Mary; issue five children.
His third son, John Theobald II, born in Charles County, was the third husband of Elizabeth Jenifer, nee Mason, and the widow of Daniel Jenifer; they were married 1729. Issue: Elizabeth, Samuel, and Jane.
Personal property can be called personalty (personality), goods, chattels, articles, or movable property. It includes both animate or inanimate property.
from The Maryland Calendar Of Wills by Jane Baldwin
Chandler, Jobe, Portobacco, Chas. Co, 27th Apr, 1659.
To wife Anne, execx, home plantation, consisting of 1,000 A. bought of Capt. William Lewes, and 550 A. additional; also 500 A. on Goose Ck, and a possible survey on Nangemy Ck, during minority of child.
To son William, plantation afsd
To son Richard, 500 A. on Goose Ck. and a possible survey on Nangemy Ck.
To dau. Anne Chandler, personalty, including that given her by her grandmother, Sarah Yardley.
To kinsman Thomas Maris, personalty.
Child. afsd to be sent to testator's brothers in Eng, if sd brothers so desire.
Overseers: Capt. Wm. Stone, brother-in-law Symon Oversees, and brother Robert Slye.
Test: Clement Theobald, Wm. Bale. 1. 97.
Testis (Test) is latin for witness. Testes is the plural.
Rent rolls were lists of landowners showing whether they had paid their annual quit-rents to the Crown. A quick-rent was a feudal remnant and was paid by a freeholder in lieu of services that might otherwise have been required.
from Dr. Lois Green Men's Career Files,
Job (Jobe) Chandler was the son of William Chandler of Stratford-upon-Avon. Job died in the winter of 1659/60, but in a few years a John Chandler appeared in Portobacco owning some of the land formerly owned by Job.
Their children were Colonel William Chandler, Richard Chandler, and
Anne Chandler.
1642-1753 Rent Rolls Charles County, Maryland Hundred
Port Tobacco: Rent Roll page/Sequence: 303-11:
Goose Creek: 1600 acres; Possession of - 900 Acres - Chandler, William:
Surveyed 12 Aug 1654 for Job Chandler on the West side of Port Tobacco Creek 900 Acres whereof resurveyed 1 March 1675 for Richard Chandler and called by the name of Goose Creek on the West side Port Tobacco at St. Thomas Creek.:
Other Tracts Mentioned: Canes Purchase.
Attorney General v. Mr. Symon Overzee
Archives 41, p. 190
Provincial Court Proceedings
December 2, 1658
Mr. William Barton informs the court agains Mr. Symon Overzee for correcting his negro servant and the servant died under his correction.
Deposition of Hannah Littleworth aged 27 years
taken 27 Nov 1658 before Philip Calvert Esq
said that in September was two years Mr. Overzee commonded [sic] a Negro called Tony, who was chained up by Mrs. Overzee for some misdemeanor, Mr. Overzee himself being abroad, to be let loose & ordered him to go to work, but the negro laid down and would not stir. he was beaten and tied to a ladder by an Indian slave. Mr. and Mrs. Overzee left home and left no instructions concerning the negro. Mr. Mathew Stone William Hewes, the deponent and a negro women in the quater house who never stirred out. Were left behind. Stone refused to cut him down although told he was dying. He died at about 7. (Much detail omitted)
William Hews swore that he was present when Mr. Overzee beat his negro. and also saw him pour lard on him and he saw no blood on him and he was willing to help the negro but Overzee having his knife in his hand threatned to run his knife in him if he molested him. He thinks the negro stood on the ground. The negro did commonly run away and absent himself from Mr. Overzee's service.
Judgement awaiting the deposition of Mr. Mathew Stone.
Overxee [sic] to put up bain of 1000 l s tob. to appear next court.
Charles County Circuit Court, Liber A, Page 124, folio 326; Microfilm Cr 35,689, Court 12 Mar 1660
Mr. James Linsey demands warrant against Christopher Rivers [Reevers] and his wife in a defamation case;
subpoena Clement Theoball's wife to testify
Charles County Circuit Court, Liber A; 28 Jan 1662, Page 175
Clement Theoball demands warrant against Edmond Linsey;
action of case; 28 Jan 1661
Clement Theoball demands warrant against Robert Downe; debt
Clement Theoballs demands warrant against Tho. Ashbrooke; debt;
Ashbrook subpoenas his brother John Ashbrook and his sister Rose Ashbrook to testify
Charles County Circuit Court, Liber A; 4 Mar 1662, Page 189
Clement Theoball demands warrant against Tho. Ashbrook; debt Of 800# of tobacco
Charles County Circuit Court, Liber A; 10 Jul 1662, Page 236
Deed of Gift: Clement Theoball gives to his daughter Elisabeth a brown pied heifer; 8 Jul 1662; Theoball binds himself to deliver same to Capt. Robert Troope, her Godfather;
wit. George Thompson, James Lindsey
Charles County Circuit Court, Liber A; Page 249 - 250 2 Oct 1662,
Capt. Robert Troope swore in open court that Clement Theoballs paid Lambert 460# of tobacco
Samuell Lambert, Debtor, to Clement Theoballs
Tobacco and Cask
Paid Robert Troope by bill 460
Paid to Mr. Greene for him 360
Paid to Edmond Lindsey for him 250
Paid to Mr. Rich for him 200
Paid to Mr. Crow for him 025
Paid to Mr. Smith for him for a hat 100
Paid to John Cain for Rum 080
Paid to John Roper for him for powder 020
Sold him 12 yard of cloth 100
Paid for him his 2 year levies 130
Paid for him to John Clarke for work 160
Sold him a skillet 020
For cider and sugar 072
Paid for him 2 barrels of corn 200
Item 2 years diet at my house and washing 1400
Paid John Nevill as will appear by rect 3777
Certificate that Clement Theoballs paid levy for Samuel Lambert in the year 1660 was 26# of tobacco and in 1661 was 104 # of tobacco and 4# for Col. Evans; 20 Sep 1662
signed Francis Batcheler, sheriff at that time
jury impaneled to hear this case: Mr. George Bradshaw, Mr. Arthur Turner, William Bowles, William Codwell, Gils Glover, John Douglas, John Waltom, John Browne, John Ward, Thomas Crakson, George Harris, and Daniell Johnson, foreman
Unanimous verdict of the jury for the plaintiff and the defendant must pay the court costs.
A plaintiff (plt, plte, plt) or orator is the 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.
Charles County Circuit Court, Liber B, 12 Jul 1664, Page 315-318
Indenture
2 Nov 1663
from Clement Theoballs of Portobacco
to John Payn, planter;
for a valuable sum of tobacco assigns John Paine
a parcel of land on the west side of St. Thomas Creek in Portobacco; yearly rent 2s Sterling
signed Clement Theoballs
Signed, seated and delivered in the presence of George Thompson
Charles County Circuit Court Liber E, Page 120
10 Jun 1673;
Indenture from Thomas Corker, planter,
to Clement Theobaldes, planter;
for 3,000# tobacco;
a parcel called Corker's Hoghole;
on the west side of Portobacco Creek;
bounded by land now in possession of Jacob Lee which was formerly belonging to Alexander Simpson called Simpson's Delight;
laid out for 100 acres;
signed Tho. Corker;
wit. Henry Bonner, Phill Gibbon
Charles County Court and Land Records, Liber E, Page 127½
9 Sep 1673; Indenture from Clement Theobalds, planter,
to Thomas Corker, planter; for 30,000# tobacco;
a plantation called Durham
on the west side of Portobacco Creek;
containing 160 acres;
bounded by land sold by Theobalds to John Paine, dec'd, on Plum Tree Point;
signed Clement Theobalds;
wit. Thomas Witter, Henry Barnes (mark)
Charles County Circuit Court Liber E, Page 128-1/2
9 Sep 1673;
Indenture from Thomas Corker,
to Clement Theobalds, planter,
for 15,000# tobacco;
a tract called Planter's Delight;
on the west side of Portobacco Creek;
containing 100 acres;
signed Tho. Corker;
wit. Thomas Witter, Henry Barnes (mark)
Charles County Circuit Court Liber E, Page 149
12 Jan 1673;
Indenture from Jacob Leah, planter,
to Clement Theobalds, planter;
for 8,000# tobacco;
a parcel called Simpson's Delight; bounded by Indian fields;
laid out for 300 acres;
signed Jacob Leah (mark);
wit. Thomas Corker, Joseph Wolfe (mark)
Charles County Circuit Court Liber E, Page 17,
16 Apr 1674; Indenture from Clement Theobald, planter,
to Thomas Witter; for 12,000# tobacco;
a parcel called Simpson's Delight on the west side and near the head of Portobacco Creek;
laid out for 300 acres;
signed Clement Theobald;
wit. Thomas Corker, Jobe Corner
Charles County Circuit Court Liber F, Page 46,
11 Jan 1674; Indenture from Clement Theobalds, planter,
to Philip Lynes, innholder;
for 3,000# tobacco;
a parcel called Corker's Hogg Hole;
lying on the west side of Portobacco Creek;
bounded by Simpson's Delight formerly belonging to Alexander Simpson now in possession of Jacob Leah; containing 100 acres;
signed Clement Theobalds;
wit. John Jones, Thomas Corker.
Charles County Circuit Court Liber F, Page 81
8 Mar 1674; Indenture from Clement Theobald
to George Godfrey;
for 8,000# tobacco;
a parcel lying on the west side of St. Thomas Creek;
containing 100 acres;
signed Clement Theobald;
wit. Thomas Fockes, John Ford
Charles County Circuit Court Liber F, Page 82
8 Mar 1674; Indenture from Clement Theobald, planter,
to John Lambert, planter;
for 9,000# tobacco;
part of 150 acres formerly belonging to me and sold to Thomas Corker and by him returned to me;
on the west side of Portobacco Creek a little below Plumtree Point; containing 80 acres;
signed Clement Theobald;
wit. Thomas Corker, Job Corner
Charles County Circuit Court Liber F, Page 106
8 Jun 1675; Indenture from Clement Theobald, planter,
to Thomas Corker planter;
for 6,000# tobacco;
a parcel called Lemaster Beginnings;
located at the head of Portobacco Creek;
containing 100 acres being part of a patent of 150 acres called Betties Delight formerly belonging to Corker;
signed Cement Theobald;
wit. Job. Corner, Robert Ward
Oct 18 1674
of Dartmouth in County of Devon.
Appraisers: Mr. Thomas Husey, Ignatius Causine.
List of debts: Mathew Stone, Samuell Sherrell, Thomas Waker, Francis Wyne, John Allen, John Stone, John Wheeler, Clement Theobald, Richard Owen, Zachary Wade, Thomas Hussey, Benjamin Rozer, Thomas Gerrard, Anne Fowke, William Barton, Samuell Sewell, Philip Lyne, John Helem, Thomas Marie, Bennett Manegin, Thomas Kilbourne, Henry Barnes, William Gough, Gerrard Browne, Elmond Taylor, Richard Beck,
Administrator: Benjamin Rozer.
Charles County Circuit Court Liber F, Page 153,
9 Nov 1675;
Indenture from Job Corner, planter, to Philip Browne, planter; for 2,500# tobacco; a parcel of land called Greenah; bounded by St. Nicholas; containing 100 acres;
signed Job Corner;
wit. Thomas Corker, Clement Theobald
Clement Theobald 4.507 I Charles County #6457 Jun 9 ---- Jul 4 1676
Appraisers: George Godfrey, Archeball Walkup (Waughop).
Clement Theobald 4.509 A Charles County #6457 #9167
Oct 26 1677
Payments to: Mr. Rozer, Philip Lines.
Distribution to: James Wheeler who married [his daughter, Elizabeth, the widow of Thomas Corker.
Administratrix: Thomas Corker is the administrator of Clement Theobald and Elisabeth Wheeler is the executrix of Thomas Corker,
James Pearse (merchant) 1.363 I #32523
