Anne Hammond v. Gervace Dodson

This ordinary case is fascinating because of the individuals involved - murderers, cheats and land speculators.

This case highlights the normal connections between the two sides of the Potomac River in the 17th century, Northumberland County on the south side and St. Mary's County on the north. It has been commented that Gervase Dodson used the separation created by the frontier between the colony of Virginia and Maryland to his advantage in moving settlers from Maryland to Virginia for Land Patents. In addition, the differences between the strict religious policies of colonial Virginia under Governor Berkeley and the openness of Maryland saw migration in the reverse direction.

1652

I doe hereby bind my Self my heirs Executors or Administrators to deliver to whom and where I shall be appointed, and bestow upon Ann Hamond the wife of John Hamond and her four Children Viz. Mordecay, Bernard, Ann and Daniell, for and in consideration of Severall Courtesies bestowed by her husband upon me Six Good Cowes Some times this next Summer, as also hereafter to Settle a parcell of Good land upon the Said Children, Wittness my hand this 28th day of December Anno Domini 1652. Gervis Dodson Wittness George Hardie, Richard Sharpe

1653

Received one brown cow 20 June 1653 John Hamond 26 September 1653 St. Marys, Maryland

John Hamond on behalf of his wife & children vs. Walker Pakes about the six cows owed Hamond by Dodson." I acknowledge an Order of the 20th of September last for five Cowes due from Gervis Dodson and promised by Walter Pakes to be Voide and I take my Remedy not against the Said Pakes but Dodson. Wittness my hand this first of October 1653. John Hamond John Pille.

1658

Hammond v. Dodson's Estate (p. 195) Anne Hammond demandeth attatchmt agst the Estate of Jervice Dodson alleaging the sd Dodson is indebted to her 5 Cowes, & their encrease for these 4 yeares past Attatchmt to the Sheriffe of St Maries County to attatch &c: Ret. next Provinciall Court ut supra. 5 Decembr 1658

1659

Hammond v. Dodson (p. 256-7). Vid. Fol. 233 & fol. 310 fol. 346. The humble Petn of Anne Hammond Sheweth That yor Petr having attatchd a servt of Mr Garvase Dodson for a Debt due to her Children as may appeare uppon Record, May it please this honble Court to order the Sheriffe to possesse yor Petr wth the sd Servt by processe in Law, on the behalfe of her sd Children & she shall pray &c : The Court demandeth of the Petr whither shee knoweth tht the deft hath had notice of this Attachmt ? Who sayth tht shee sent to the deft, but knoweth not whither hee hath notice of the sd Attatchmt or not. It is ordreed tht the Attatchmt be continued & tht the plf bring Certificate, tht the Court may bee satisfyed, tht the deft had notice thereof by the next Provinciall Court.

Att a Provinciall Court held in Calvert County on ffriday the 22th day of Aprill 1659 att Mr George Reades howse.

Anne Hammond v. Jarvise Dodson (p. 270) Whereas att the last Provinciall Court held att St Maries 3d of March last, The plf then Petitioned & requested to be possessed wth a Serut, belonging to the deft, on the behalfe of her Children, & under attatchmt, for a Debt due unto the sd Children from the deft, as appeares uppon the Records of this Province And whereas by thl Order aforesd the Attatchmt was continued, & the Petr Ordered to bring Certificate to this Court tht the deft had notice gyven him of the sd Attatchmt, Wch the plf is not able to declare or say that hee had. Yett the Board being certifyed tht some Inhabts here, had desyred certaine livers, neare Neighboes to the deft, to certify him thereof, to the end he might have notice, & give his attendance att this Court, if hee should see cause therefore. Who not appearing eyther by himselfe or Attorney. It is therefore Ordered, tht the plf shall have the servant soe attatched putt into her Custody; & him to keepe till the last day of November next, Unlesse the deft come afore tht time, & make proofe tht the plf hath iniured him in her foresd demand. And if he appeares not afore or att the sd prefixed time, then the plf to have Judgment, uppon default, for the residue of the sd servants time, And ffurther tht the plf use all ordinary dilligence to give the deft notice of this Order

To the honble the Governor & Councell &c :

Hammond v. Dodson (p. 310-311). The humble Petn of Anne Hammond Sheweth, Whereas yor Pef did att the last Provinciall Court held for this Province Recover an Order for Attatchmt agst a servant of Jarvise Dodson. And whereas it was then Ordered tht if the sd Dodson did not appeare att this Court, That yor Petr should be possessed of the sd Servant Yor Petr therefore humbly craveth Order for the sd Servant, & Satisfaction for his last yeares worke, &c :

Whereas att a Provinciall Court held the 3d of March last, An Attatchmt agst the Estate of Jarvise Dodson was then continued, to the intent the sayd Dodson might haue notice thereof, & put in his answere to tht Claime. And whereas likewise att the Court held the 22th of Aprill following, It was Ordered tht a Servt of the sd Dodson, then under Attatchmt, & in the Sheriffes Custody, should bee put into the plf s hands or possesll, & him to keepe till the last day of November following: To the intent likewise the sd Dodson might afore tht prefixed time, appeare, & make proofe, whither the plf hath injured him in this her Clayme, or not? (as by both the sd Orders of Court may more att large appeare) And whereas the sd Dodson hath not made his appearance att eyther of the sd Courts by himselfe or his Attorney; nor made any Enquiry or just Clayme after the sd Servant since in Complyance wth tht former Order Court on the 22th of Aprill as aforesd. It is therefore ordered That Capt Nicholas Gwyther Sheriffe (in whose Custody the Servt now is) deliver the sd Servant unto the plaintiffe.

Hammond v. Dodson (p. 348) To the honble the Governor & Councel &c The humble Petn of Anne Hammond Sheweth That by order & Justice yor Petr attatched a Servant of Jarvise Dodsons for a Debt owing to yor Pef from the sd Dodson, & obteyned thereuppon Order, for the deliuery & posses" of the sd servant. Now soe it is That this suite long depending in this Court, The seruant soe attatched lyued all the time wth the sheriffe, & in his Custody, doling him labour amongst the rest of the sd Sheriffs seruants, & being sett on worke by him. Whereuppon shee conceiveth her selfe freed from the ffee of tht Attatchmt, when as the sheriffe converted the servants labour to his owne use, gyving yor Petr noe accompt thereof. Shee humbly therefore prayeth, for the reason alleaged, tht shee haue the Servant ffree of all the sheriffs charge for ffees, as in Equity shee conceiveth iust, & shee shall pray &c: It is Ordered that the Petr enioy the sd servant according to former Order of this Court. And the Sheriffe remitteth his ffee of Attatchmt, & the Petr dispose of her sd servant to her best benefitt, as shee pleaset.

Biographies

Walter Pakes [also sometimes listed as Peakes] (b. 1609 England, d. 1668 Maryland) Emigrated before 1639 to Virginia and then moved in 1646 to Maryland. Planter, Attorney and Innkeeper in St Lawrence in Bretton's Bay, St. Mary's County, Maryland. Also, transacting business in Northumberland County, Virginia.

First Marriage to Frances Lawrence before 1642. He accused her of adultery with Paul Simpson in 1652.

Children: 1. Peter Peakes, abt 1652 abducted by indians and ransomed by his father 2. Mary Peakes, (b. abt 1645 ) married Mar 1663/64 Henry Aspinall in 1663 and married John Jarboe, Jr. in 1668 3. John Peakes 4. Elizabeth Peakes married Henry Fletcher 5. Margaret Peakes, married 1. John Noble and 2. Mordacai Hammond

Second Marriage by 1665 to widow Elizabeth Mattingly

In 1688 Walter Pakes was hanged for killing the rufian William Price with a sword. Pakes's unsuccessful defense was based on his being drunk during the bar room skirmish that led to the death of Price.

John Hammond Planter.

Anne Hammond nee Jarboe (b. 1620 Maryland d. Oct 1665) She married 1) John Hammond bef 1644 and 2) Pope Alvey, Jr. in 1663. Her parents were John Jarboe of St. Mary's County and Mary Tattershall

Pope Alvey, Jr. (b. 1631 England d. 1679) Convicted murderer whose sentence was commuted, he was the second husband of Anne Hammond, and he served as the hangman for Walter Pakes.

References

Maryland State Archives. Judicial and Testamentary Business of the Provincial Court, 1649/50-1657, Volume 10, p, 291, 293, 352

Maryland State Archives. Judicial and Testamentary Business of the Provincial Court, 1658-1662, Volume 41, p, 195, 256, 270, 338, 339, 348. Dodson, Jervice (Garvase)

Index to Maryland Provincial and General Court Deeds, 1658-1790 DODSON, JARVISE. Lib. S (17244), Def., pp. 151, 213, 233,310, 346. Provincial and General Court Deed Libers S, 1658-1662 (MdHR 17244) Volume 680 Source Document MARYLAND INDEXES (Land Records, Provincial and State, Index) Index 139, 1658-1790, MSA S1466-4, MdHR 50,820. Maryland State Archives SPECIAL COLLECTIONS (Provincial & General Court Deeds Index Collection) MSA SC 5594.