An American Family History

Mark Pheypo

  also spelled Phaipo, Phape, Phaype, Phepe, Pheipo, Phepo, Pheype, Pheypoe, Phaipo  

Goodman was a courtesy title before the surname of a man not of noble and Goodwife or Goody was the courtesy title for a married woman not of noble birth.

Maryland was established with religious freedom for Catholics. The colonial economy was based on tobacco cultivated by Africans who had been enslaved.

Alcohol played a significant role in the daily lives of colonists; even children. They feared polluted water and believed in alcohol's nourishing and medicinal properties.

Mark (Markes, Marks) Pheypowas born about 1618. He was a planter and attorney in St. Michael's Hundred in Colonial Maryland. He was frequently in court on his own and other's business. Many suits involved debts for tobacco, beaver skins, corn and cattle.

In the March, 1641/42 Assembly he was proxy to Thomas Weston.

In the September, 1642 Assembly he was proxy for T. Morris.

In 1643, he became the executor of Samuel Pearsall's estate. Over a period of time, he moved the Pearsall's business to Virginia and then back to Maryland. He was a juror in March 1643/44 and a grand juror in April, 1643.

In 1644 he and John Genalles were comissioned by Governor Calvert to lead a party of eight men to go to Kent Island and

to inquire whether Captain Clayborne, or any other, have made any disturbance of the peace, or committing any outrage upon the island, and to learn what force he did it with, and what strength he is of there, at sea or shore, and what his intents further be, and how long he means to stay.

On December 5, 1654 at the Provincial Court

Christian Bonifield, 46 or thereabouts, deposed that she was at Mark Phepoe's house and Mary Kirke, wife of Martin Kirke, sd. that she would hang that rogue Potter, for she had that about her would hang him and bound it with a bitter oath, that before he should want a hangman, she would hang him herself.

Rebecca Hall, 30 or thereabouts, deposed that Marke Kirke told her that she followed Potter from her house through "my" ground where my husband was killed to his own fence and took up her corn under Potter's fence. Further that Mary Kirke sd. that Mark Phepoe was a rogue and that she was never mastered by a rogue before. Elizabeth Potter, 29 or thereabouts, deposed that once Mary Kirke came into the house of Henry Potter and Rebecca Hall and she had some words. And Rebecca Hall sd.

Mary Kirke you Said that Markes Phepoe Came into your house and you told me that you beat him.

And Mary Kirke answered she would do worse to him, for he came and flung her upon the bed, and was faine to hold my hand to his throat and my sword in my other hand. Rebecca Hall answered, "you will forswear it and deny it."

A nonsuit is granted to Markes Pheypo in the difference between him and Mary the wife of Martin Kirke in an action of rape, with cose of suit.

Martin Kirk, plt. v. Marks Phepoe, def.

Reference is granted to Martin Kirke in the difference between Markes Pheypoe and the wife of sd. Kirke to the next ct., the sd, Kirkes alleging want of evidence.

In 1647 he was the administrator of Thomas Weston's estate.

In the Provincial Court record of February 8, 1652/53

Henry Potter deposes on Marks Pheypo's behalf agst Edward Hall that in winter 2 yrs. ago Edward Hall, Martin Kirke and the dpnt. went in the woods to look for sows that had pigs, and finding them there were 2 sows "that were Somthing wild" wch. 2 Hall claimed as his. And Hall asked the dpnt. to catch them for him with the dpnt.'s dog. The dog caught them and Hall killed one and with the help of the others, tied the other one to a tree. This dpnt. says that Hall changed the sow he had killed for another sow of Kirke's wch. used to be at Hall's house.

December 15, 1653 there was a proclamation

... (it is reported) Marks Pheypo Nicholas Keeting, Martin Kirke and others of late in a bould Contempuous unwarrantable manner gotten up killed or disposed of for their own use a Great number of wild unmarked and other Cattle to his Lordships wrong and abuse....they are commanded to stop ths practise and release any cattle they have acquired this way.

On June 14, 1656

Thomas Ashbrooke deposes that Richard True sent him to Mr. Hatton to find out whether Marke Pheypoe had been there to pass his bill and take in Richard True's, and Mr. Hatton said Pheypoe had not been there, "but if he came he would, otherwise Goodman True was Sufficient. Whereupon True left off the work since Pheypoe had not been there, and so did Goodman Smoote They had done a week's work towards the mending of the shallop, and there came a high tide and carried away the shallop.

John Nevill deposes that 1 1/2 year ago he heard Goodman Smoote and Marke Pheypoe at Richard True's landing place make a bargain to mend Pheypoe's boat. Pheypoe was to give Smoote 1600 lbs. tob. for the mending. And Richard True standing by Goodman Smoote asked True if he were contented, and True replied that whatsoever he did, he was content with it. And further this dpnt. says he heard True speak to Pheypoe to take a bill of his from Mr. Hatton and discharge it, and he promised he would.

In 1658, he patented Pheypoes Fort which was 100 acres in St. Michaels Hundred.

On October 7, 1658 Mark swore that

about 2 years ago, being at Robert Smith's house, John Brisco, also being among other company, He heard [John] Brisco ask [Nicholas] Keytin why he killed his hog and logged it up.

William Osberstone deposed, saying that he was present in the house at the same time & of the company there, some were merry drinking & dancing & on a sodaine [obsolete for sudden] there was naming of hogs & logs. But he remembers not that he heard Brisco say that Keyting killed his hog, but he heard Keytin call Brisco a thief, for that he had stollen his (Keytin's) pothangers, as he alleaged then.

In September, 1659 he sued Philip Land for his debt of 300 pounds of tobacco.

In 1660 he transferred his right to 120 acres called the Croft that he had been granted to Francis Mogge and Janus Colman.

He married Philip Land's widow, Anne.

In 1661 he was lieutenant and in a suit on February 13, 1661/62 he was Attorney General.

In 1668 Anna and Mark Pheypo assigned the 100 acres of Cornelius his Swamp to Jeremiah Harrington. It was assigned to him October 10, 37th year of Cecilius

He died in St Mary's County in 1669. He left his personal property to John Keyton, Richard Russell, John Stocks, John Matthews and Constant Daniell. His step-sons, Philip, Thomas and William Land were the residuary legatees. The executor was Bryan Daley.

The first European settlements in Maryland were made in 1634 when English settlers created a permanent colony.
A society's legal system reveals much about it. A broad spectrum of behavior was considered criminal in Colonial Maryland and punishment was harsh.

A deponent (dept, dpnt) gives testimony under oat.



Mister ( Mr.) was derived from master and Mrs. and Miss were derived from mistress. They indicated people of superior social status in colonial America.
From 1633 to 1681, Lord Baltimore rewarded people who transported themselves or others to Maryland with 50 acres per person transported.

The spelling cõn is the same as tion.

From Proceedings of the Council of Maryland, 1648-1655
A Proclamation published 18. december 1653

By the Lieut &c of Maryland

Whereas at a Generall Provinciall Court held at St Maries the 25th day of November 1652

mr Willm Eltonhead and others disireing Some Course might be taken for the getting up and killing the wild Cattell,

The Court then conceiving it to be a busieness of Generall Concernment, and herein the Ld Proprietary might likewise be Interessed, referred the busieness till the next Generall Assembly as most proper then to be Settled & determined,

And Whereas I am Given to understand by mr Thomas Hatton his Lordships Attorney Generall and others that Notwithstanding
the Said order of reference (as it is Very Credibly reported) Marks Pheypo, Nicolas Keeting Martin Kirke, and others have of late in a bould Contemptious unwarrantable Manner, gotten up, killed or disposed of to their own use or otherwise a Great Number of wild unmarked and other Cattle to his Ldps Great wrong and abuse and Contempt of the Governmt here Settled under him,

for which the Said Atturney ntends in convenient time to Call them to a Strict Accompt, But for the better prevention of the like insolencies for the future and to put a Speedy Stop to the Said Contemptious and unwarrantable proceedings, These are in the Name of the keepers of the Liberties of England by Authority of Parliament and as Governour here under the Right Honble the Ld Baltemore Lord Proprietary of this province

Strictly to Charge and Command the Said Marks Phepo, Nicolas Keeting and Martin Kerke, and all others whom it may concerne that they and every of the from hence forward forbear to gett up kill or dispose of any wild unmarked Cattell and if any they have now in their penn or Custody that they forthwith turn them loose and not any further to Meddle therein till by Some Act or Order of Assembly or Other Lawfull Warrant by Authority here under his Ldp they be Authozed for Soe doeing as they will Answer the Contrary at their perills

Given at St Maries this 15th day of December 1653.
William Stone
upon the mocõn of Thomas Cornwallis Esq,

Lord Baltimore, Cecil Calvert (1605 -1675), 2nd Baron Baltimore was the first governor of Maryland.
Phillip Calvert (1626–1682), was the 5th governor from 1660 to1665.
Charles Calvert (1637 – 1715), 3rd Baron Baltimore inherited the colony in 1675.

St. Mary's City
Men's Career Files
Maryland State Archives SC 5094

Pheypo, Mark ( ? - 1670 )
Wife: Anna, widow of - Land.
Land step-children: Philip, Thomas, William.
Provincial Offices: grand juror,
Provincial Court, 1643; juror, Provincial Court, 1644.
Military Offices: sergeant, 1647; lieutenant, 1661.
Land at death: Pheypos Fort, St. Michaels Hundred, 100 a.


From ome.teleport.com/~grafe/Pearsalls/Pearsalls

The civil strife over Kent Island and between the English supporters of the Cromwell government and the supporters of the King continued. At the death of Samuel Pearsall in 1643, Mark Pheypo became the executor of his estate. Over a period of time, he removed the Pearsall's business to Virginia. The business went from St. Mary's to Gloucester County, Virginia and the Kent Island factory to the mainland of the Delaware peninsula, just across the open water to the east of Kent Island to a site called at that time Pheypoes Fort. (Pearsalls v. 3, p.1481)

King Charles I ruled England from March 27, 1625 to 1649.

from History of Maryland: From Its First Settlement in 1634, to the Year 1848 By James McSherry

At length, in 1644, Leonard Calvert returned to Maryland, bearing new commissions from his brother, Lord Baltimore, for the more firm establishment of the government. He found the province in great disorder, the public officers at variance with one another, the encroachments of the Indians continuing, the pirate Ingle at large, his untiring enemy, Claiborne, up in arms and once more in possession of Kent island. A reconnoitering party of eight men, under Mark Pheypo and John Genalles, was immediately despatched across the bay, in a light shallop, to watch the imovements of the insurgents; and preparations were made to dislodge them.


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.

Judicial and Testamentary Business of the Provincial Court, 1637-1683: 1679-1680
Geo: Manners plte
Nichls Keeting deft

The Complte [complantiff] sues to bee releived uppon an execucon served uppon his estate at the suite of Edward Hall for nine hundred nynety seaven pounds of Tobacco and Caske

being the Remainder due uppon a Bill wherein the said Compllte and Markes Pheypo were bound to Hall for paymt of 1400# of Tob & Caske in November 1649.

from wch Ingagemt the Compllte saith that uppon an Arbitracon lately made betwixt them both Markes Pheypo and the defendt pmised to save him harmeles.

Which promise the def t denyeing for his particular Mr Wilim Eltonhead deposed upon oath in open Court as followeth viz.

That Marks Pheypo promised and Nichas Keeting did not disscent to save the Compllte harmeles from Edward Hall concerning a parcell of Hoggs bought of him and for wch the Complte stands bound together with Markes Pheypo to pay the said Hall 1400# Tob: p Bill as this depont is informed.

And afterwards the def tagreeing to bee bound by the Compltes oath. The said Complte deposed That both Markes Pheypo and the def t uppon the Arbitracon pmised to save him harmeles touching his Ingagemt to Edward Hall nowe in question.

It is thereuppon ordered that the defendt shall forthwith satisfy unto the plaintiffe the said Nyne hundred nynety seaven pounds of Tobacco in Caske for wch hee is nowe under execucon at the suite of Edward Hall together with the full charges of the Execucon and Court charges.

A pirate attacks and robs at sea. A privateer is a pirate with a commission from a government. Buccaneers were pirates in Caribbean in the 17th century.

Testis (Test) is latin for witness. Testes is the plural.

Phepo, Marke, St Mary's County,
19th Jan., 1669; 8th Feb., 1669.
To John Keyton, Richard Russell, John Stocks, John Matthews and Constant Daniell, personalty.
Sons Philip, Thomas and William Land, residuary legatees.
Ex. Bryan Daley.
Test: Thos. Paine, Wm. Abbestone. 1. 370.

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©Roberta Tuller 2020
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