An American Family History

A Biographical Dictionary of the Maryland Legislature

Josias Fendall was born in England and immigrated to Maryland as a free adult in 1654/1655 with his wife. He lived in Charles County. and immigrated to NC about 1683. He had a brother named Samuel Fendall who died in 1694 who immigrated in 1664. He had a cousin named John Fendall, a mariner of Devonshire, England and he had a cousin named James Fendall who died in 1689, Baltimore County. He was probably a relative of Henry Fendall, a citizen and cutler of London, England.

He married first, Mary Hatch, dau. of Capt. John Hatch (1614-1681) and married second, Mary ____who died in 1691.

His children were:
Josias who died by 1723;
Robert (1672-1711/1712);
John, who (1674-1734) who married Elizabeth (d. 1736) widow of William Marshall (d. 1697) and dau. of Randolph Hinson
Henry;
Jane;
Mary (1673-1751) who married first, John Theobold and secondly, Matthew Barnes.

Archives of Maryland, Volume 41
By Maryland Historical Society, Maryland State Archives

Provincial Court Proceedings 1661

Sumons issued to the Sheriffe of Charls County to
Wm Heard
Hugh Neale
Thomas Speake
Thomas Lomax
John Hatton [Fendall's servant]
John Balch [Fendall's servant] and
Wm Potter [Fendall's servant]
to testefye on the behalfe of the Lord Propr ag^t John Jenkins and Christopher Russell

The Examinacōn of John Balth [Balch] Servant to Cap^t Fendall aged thirty years of thereabouts said Captaine Fendalls howse being on Sunday the third day of February his said Master did ride abroad but whither knowes not

And upon Fryday following aboute Eight in the morning Captaine John Jenkins with aboute thirty men all armed came to the said Fendalls howse and he then sawe them drawe out into two single fyles but whether it was Captaine Jenkins or Hugh Neile comanded them he knowes not, but he rather thinkes it was.

The Examinacõn of William Potter Servant to Captaine Josias Fendall aged one and twenty yeares or thereabouts sworne and Examined as aforesaid Sayth that being at his Master the said Captaine Fendalls howse aboute Fryday the Eight day of February he sawe
Cap^t John Jenkins
William Heard
William Hall
William Crafford
Henry Peere
Hugh Neile
Richard Morris
Thomas Jarvis
William Smoote
and divers others whose names this depon^t knowes not at pesent appeare at his said Masters howse in Armes

and Mr Lomax then declareing his this depon^t said Master Captaine Fendall was in Prison and he this depon^t heard the said company say that they would goe and fetch him out

And in particuler he heard Captaine Russell say that wel goe and fetch him out and two others of the said company whose names he knowes not say the same, And further sayth that he sawe the said Company drawe into two fyles

and he sawe Cap^t Jenkins putt the said Company as neere as he could in order by removeing one man out of his place and putting another in his steed

And further sayth that ould Smoote aforesaid he sawe with others goe over the River, and when they came back againe heard some of them say they would be accompted [accounted] Cowards And sayth that all the said Company had Guns, and that he this depon^t cra had given him the day aforesaid powder and John Batch brought him the Bulletts And further Sayth not.

Attorney General v Jenkins et al.

Let it be Enquired for the Lord Proprietary whether
John Jenkins
Hugh Neile
William Heard
Henry Peere
Richard Morris
William Smoote
John Courts
James Walker
William Hall,
William Crayford
Thomas Jarvis
Thomas Lomax and
John Morris

contrary to the fidellity to his Lo^ps due not having the feare of God before their Eyes, and by Instigacōn of the devell, mutinously and seditiously Contrary to the Acte of Assembly in that case provided within this Province at the howse of Josias Fendall in Charles County upon the Eighth and nynth dayes of February 1660 ag^t the p^sonof his Lo^ps Governor his governmt & guards provided for the safety thereof did wth force attempt

tht is to say upon the 8th day of Feb. aforesaid at the howse of Josias Fendall aforesaid, in the County aforesaid in Armes did appeare, and upon the ninth day of February to rescue the p^sons of Josias Fendall and John Hatch then Prisoners for mutiny and Sedicōn pland under a guard did march in greate derrogacōn [partial repeal of the law] from the just power of his Lo^pand the Subversion of the Government of this Province and Contrary to the peace of his said Lo^p his rule and dominion.

Then order was given to the Sherriffe to Impannell a Jury (vizt) as followeth
Mr Richard Lloyd
Mr John Warren
William Tattershall
Walter Pakes
Wm Browne
Nicholas Young Foreman
John Shertcliffe
Richard Bennett
William Assiter

Gent:
Randall Hanson
John Waghope
James Hall
Henry Ellery
John Vanhack
Wm Lucas
Geo. Wilson
Wm Cole
Thomas Innis

The Jury retournes their Verdict as followeth (vizt)

And the Indictment ag^t
John Jenkins
Hugh Neile
William Heard
Henry Peere
Richard Morris
William Smoote
John Courts
William Hall
William Crayford
Thomas Jarvis
Thomas Lomax and
John Morris

was found Billa vera [a true bill]

James Walker (Ignoramus)
John Jenkins
Hugh Neile and
Henry Peere
being five tymes called did not appeare.

Richard Morris
William Smoote
John Courts and
John Morris
were called to the Barre and had their Indictmt read . . .

And the Jury retourned their Verdict not Guilty

The Examinacõn of Thomas Lomax resideing at Cap^t Josias Fendalls howse in Charles County aged thirty yeares or thereabouts
taken before
the honoble
Philip Calvert Esqr Governor of this Province of Maryland
Robert Clarke and
Baker Brookes Esqrs two of his Lo^ps Councell for the said Province
the 18th day of February 1660

The said Examinant being demanded whether the under menconed writts, vizt
one of them ag^t Mr John Anderton at the Suite of James Bowling dated the thirtyth of July 1660 and Signed by the said Josias Fendall, but written by him
and other foure writts
one ag^t Hugh Stanley at the Suite of Thomas Burdett,
another ag^t the saidThomas Burdett at the Suite of Thomas Trueman,
another to Sumons Henry Coursey to testefye on the behalfe of John Bateman in a cause depending Betweene the said Bateman and Bagby .... Brookes to testefye on the behalfe ....

And whether by the said Fendall or not, he answered they were, And the said Examinat being further shewed a certaine pretended order of Councell held at Thomas Gerrards and a proclamacon thereupon of the same date were written by him and Signed by the said Fendall respectively he answered they were

And further sayth that there being thirty Six men in Armes in the feild before Captaine Fendalls howse was desired by that party of men to drawe a peticōn to the Governor that they were Subjects to the King of England

And if they comitted what was not fitt that they should be tryed by the Lawes of England which peticōn this Examinat did drawe but being asked where is that peticōn he answered he doth not knowe.

Philip Calvert
Robert Clarke
Baker Brooke

The Examinacon of John Hatton Servant to Josias Fendall aged forty yeares or thereabouts being duely Sworne and Examined before
the honoble the Governor Philip Calvert Esqr
Henry Coursey Secretcy
Robert Clarke. Baker Brooks and John Bateman Esqrs of his Lo^ps Councell
the 18th day of February 1660

Sayth that he heard his said Master Josias Fendall say

that on Monday the fourth of this instant February he was at the howse of Robert Hunley

that upon Sattirday the ninth day of February he sawe Captaine John Jenkins with aboute 40 men at the howse of Josias Fendall where the said Jenkins desired the said men to drawe out in two single fyles they being then all Armed to march downe to the pesent Governor, but for what purpose this depon^t knoweth not

And further sayth that Hugh Neile and William Heard with others of the said Company whose names he knowes not went to a boate and this depon^t heard went to the East side of Wiccocomaco River but sudainly after retourned back againe and further sayth that he knowes Hugh Neile did ride on Captaine Fendalls horse to Portoback but to what purpose he knowes not

And further sayth not

Jur. coram nobis [in your presence]
Philip Calvert
Henry Coursey
Robert Clarke
Baker Brooke

The Examinacon of John Balth [Balch] Servant to Cap^t Fendall aged thirty yeares or thereabouts said Captaine Fendalls howse being on Sunday the third day of February his said Master did ride abroad but whither knowes not

And upon Fryday following aboute Eight in the morning Captaine John Jenkins with aboute thirty men all armed came to the said Fendalls howse and he then sawe them drawe out into two single fyles but whether it was Captaine Jenkins or Hugh Neile comanded them he knowes not, but he rather thinkes it was Hugh Neile

And sayth that he sawe William Heard and some others of the said Company goe over the River in a Boate

And that John Courts was at the said Fendalls in Armes till night that he this depon^t went to Bedd.

And further sayth not but that the Bulletts he had given to William Potter he .... from the said Fendalls Overseer
John Balch, his marke

Jur. coram nobis
Philip Calvert
Henry Coursey
Robt Clarke
Baker Brooke.

 

from Proceedings of the Council of Maryland, 1671-1681Volume 15, Page 409

Charles County
from the ffrontire plantations in the woods
Augt the10th 1681:
Thus Superscribed
To the Rt honble Charles Lord Baltemore absolute Lord and Propry of Maryland
humbly Present haste post haste for his Lspps imediate Service
Certified p Randpf Brandt.

James Smallwood pursuant to an ordr of this board the last day makes his appeareance, who being duely sworne upon the holy Evangelists saith That George Godfrey being at his house said two or three times come lett's goe fetch him, they haveing without doubt (as he the Deponent verily beleives) been just talking and discoursing of Capt ffendall.

Robert Robins Called and their Depositions taken at & Charles County Court read distinctly to them John Martyn the which they both owne and acknowledge

Daniel Mathena called and Examined to what he is charged with and hath Deposed before his Lspps Justice at Charles County Court, and being asked what Indian it was brought the Letters to his house saith he knoweth not his name but as he is informed the Indian is dead, and further saith that if he hath said any thing undecent or injurious it hath been for want of witt

Ordered that Robert Robins and John Martyn Enter into Recognizance to his Lspp the Lord Propry in the summe of twenty pounds sterl each of them penalty to make their appearance at the next Provinciall Court to testifye in behalfe of his Lspp the truth of their knowledge against Daniel Mathena. Who is committed into the custody of the Sheriff of St Maries County by this foll precept

Maryland ss:
You are hereby willed and Required as also strictly charged and Commanded to take into your Custody Daniel Mathena of Charles County and him safely keepe soe that you have his body before his Lspp Justices of the Provinciall Court at the next Provinciall Court to be holden for his Lspp at the City of St Maries to answer unto such thinges as shall then and therebe alledged agt him in behalf of his said Lspp. Whereof faile not and for soe doeing this shall be your warrant
Dated the twelfth Day of August in the sixth yeare of the Dominion ofthe Rt honble Charles &c.
Annoq Dmi. 1681:
Signed p ordr
p J Llewellin Cl Consil
The prisoner to be kept in safe close custody
J Llewellin

Nicholas Bede of Charles County being duely sworne upon the holy Evangelists saith that on Sunday the Sea' night before the men mett in armes at Church

Daniel Mathena told him there came an Indian to his house with two packetts of Letters one as bigg as both his ffists and the other somewhat smaller both in a silk grass baskett which the Indian left three daies at his house & went into Virginia, that when he returned he the said Daniel asked him whither he was goeing with those Letters, and the Indian answered he was goeing to Cannida with them to the Sinniquo Indians and the ffrench, which he the said Daniel said himself and his wife would sware, and further the Depont thereunto Sayth not.

Ordered that the Deponent Enter into Recognizance to the Lord Propry in the summe of twenty pounds sterl to make his appeareance at the next Provinciall Court to Give Evidence on behalf of his Lspp against Daniel Mathena which he did and his Recognizance taken by the Clk:

Ordered also that Ignatius Causin and John Stone of Charles County gentl summon before them Richard Edelen Thomas Mudd and Mr Marshall and examine them upon oath concerning the words spoken by Richard Edelen at the Mill according to Captn Brandts Letter, and accordingly issued this
following precept viz

Maryland ss:
By the Lord Propry and Councill
Whereas Information hath been given to his Lspp and Councill that Richard Edelen of St Maries County lately in the presence of Mr Thomas Mudd and Mr Thomas Marshall hath uttered severall idle false Reports tending to the disturbance of his Lspps peace

Ordered therefore that John Stone and Ignatius Causin of Charles County gentl two of his Lspps Justices of the peace for the said County be and they are hereby authorised and empowered immediately upon sight hereof to call before them as well the said Richard Edelen as also the said Thomas Mudd and Thomas Marshall and them upon oath to examine of in and concerning the premisses, hereby also strictly chargeing & comanding as well the said Richard Edelen as also the said Thomas Mudd and Marshall upon notice to them given to goe and appeare before the said John Stone and Ignatius Causin at such time and place as they the said John Stone and Ignatius Causin shall appoint before them to testifie upon oath the truth of their knowledge concerning the premisses, an Exact Accot whereof to be transmitted to his Lspp and Councill at the City of St Maries under the hands of the said John Stone and Ignatius Causin with all convenient speed Dated the twelfth Day of August in the sixth yeare ofthe Dominion of the Rt honble Charles &c Annoq Dmi. 1681:
To John Stone and Ignatius Signed p ordr Causin of Charles County gentl p J Llewellin Cl Consil
These Lib. R.
Ordered that Coll Chandler high Sheriff of Charles County take bond of Richard Price of the same County in the summe of twenty pounds sterl to appeare at the next Provll Court to testifye on behalf of his Lspp against George Godfrey and that notice be given to the said Coll Chandler of this ordr p Clk of the Councill wch was done as foll viz
Coll. Chandler
Sr I am commanded by his Lspp and Councill to signify to you that it is his Lspps pleasure you take bond of Richard Price of your County in the summe of twenty pounds sterl paya to
his Lspp to give Evidence at the next Provinciall Court against George Godfrey of the same County and remitt the same downe to me at St Maries with all speed. This from Sr Your humble Servtt
St. Maries
Augt 12th 1681:
J Llewellin

Pursuant to an ordr of this board the Eight and twentieth Day of July last past Coll Vincent Lowe and Coll Philemon Lloyd make returne of their Examinations by them taken concerning the Eastern shore Indians as foll viz.

August 8th 1681:
My Lord
In pursuance of your Lspps Commission directed to Coll Philemon Lloyd and my Self Wee have taken the Examina- tion of the English witnesses and also of the Indians which we have here inclosed sent downe to your Lspp: I need not enlarge

Henry Peere(Perre, Peer) was involved in Fendall's Rebellion in 1660.

The names of People come out of England and arrived in
Maryland June 30 1650 at the Cost and charge of Robert
Brooke Esq. . .

Men servants . . .Henry Peere .. .(from Proceedings of the Council of Maryland, 1648-1655)

In 1659 Willam Heard signed over 160 acres in Charles County, Maryland to Peter Carr which he signed over to Henry Peere and William Crafford a few days later.

In 1659 he, and others, petitioned the court for payment "for trouble & paynes wee tooke in taking Mr Hutts Vessell." He was paid 20 pounds of tobacco a day for five days work.

In 1662 he was subpoened in a debt action in the Joane Parker Estate.

William Crafford (Craforte, Crayford) was involved in Fendall's Rebellion in 1660.

In 1659 Willam Heard signed over 160 acres in Charles County, Maryland to Peter Carr which he signed over to Henry Peere and William Crafford a few days later.

In 1659 he, and others, petitioned the court for payment "for trouble & paynes wee tooke in taking Mr Hutts Vessell." He was paid 20 pounds of tobacco a day for five days work.

St. Mary's City Men's Career Files
MSA SC 5094

Courts, John ( ? - 1697 )

Wife: Margaret.
Children:
John (b. 1655, m. Charity Henly),
Hugh,
Margaret (b. 1666); (possibly illegitimate):
Elizabeth (b. 1663, m. James Keech).

Moved to Charles County by 1662.
Local Offices: appraiser, 1666.
Provincial Offices: juror, Provincial Court, 1648, 1679, 1680; grand juror, Provincial Court, 1668, 1672, 1677.

Thomas Jarvis (Jarvise, Garvice, Garvis) was born about 1635.

In 1659 he, and others, petitioned the court for payment "for trouble & paynes wee tooke in taking Mr Hutts Vessell." He was paid 20 pounds of tobacco a day for four days work.

from A Biographical Dictionary of the Maryland Legislature 1635-1789 by Edward C. Papenfuse, et. al.

Jenkins, John (?-1681).
Immigrated: by 1654, probably as a free adult.
Resided: in Charles County; immigrated to North Carolina by 1662/ 63.
Married first, in 1654, Ann.
Married second, in 1658, Joan, widow of Thomas Bachelor..

Private Career:
Education: literate.
Religious Affiliation: Protestant.
Social Status and Activities: possibly the same John Jenkins who patented land in Northumberland County, Virginia, in 1653, but did not settle it;
nicknamed "Captain Grindingstone," or "Grinstone";
probably left Maryland after attempt to free Josias Fendall (?- by 1688) from prison in 1660/61;
received grant for 700 acres on the Perquimans River in North Carolina in 1663, an area where Fendall and his family also settled in the 1680s.
Occupational profile: planter.

Public Career.
Legislative service: Lower House, Charles County, 1659/ 60.
Local office: justice, Charles County, 1658- 1659.
Military service: captain, dismissed 1660/ 61.
Out of colony service: served in "Rebel Parliament" in North Carolina during Culpeper's Rebellion and was councilor and acting governor there, 1672-1676, 1679-1681.
Stands on public/private issues: the support of Fendall's Rebellion in 1659/60-1660 and the effort to free Fendall after restoration of the proprietary government effectively ended his career in Maryland.

Wealth during lifetime, probably 225 acres.

Died: on December 17, 1681.