Person:Francis Gunby (1)

Francis Gunby
d.Bef 20 Dec 1694 Somerset County, Maryland
  • HFrancis GunbyAbt 1645 - Bef 1694
  • WMary GoodrickAbt 1652 - Bef 1694
m. Abt 1668
  • HFrancis GunbyAbt 1645 - Bef 1694
  • WSarah Kirk
m. 14 Nov 1676
  1. John Gunby1678 - Bef 1745
Facts and Events
Name[1] Francis Gunby
Gender Male
Birth[1] Abt 1645 prob Bristol, England
Other[7] Sep 1663 Anne Arundel, Maryland, United StatesFrancis Gunby takes his master Richard Deaver to court to try to get payment from him. The outcome of this case is unknown.
Marriage Abt 1668 Charles, Maryland, United Statesto Mary Goodrick
Other[8] 11 Jan 1670/71 Patuxent, Anne Arundel, Maryland, United StatesFrancis Gunby and Matthew Smith lease Thomas Gantt's plantation in the Back Creek
Other[8] 14 Apr 1674 Dorchester, Maryland, United Statesunable to pay the rent, Francis Gunby is forced to give Thomas Gantt his Edloes Purchase property of 200ac that he acquired of Joseph Edlow
Marriage 14 Nov 1676 Somerset, Maryland, United Statesto Sarah Kirk
Will[2] 29 Oct 1694 Somerset, Maryland, United States
Death[1][2] Bef 20 Dec 1694 Somerset County, Maryland[probate]
Probate[2] 20 Dec 1694 Somerset, Maryland, United States
Other[4] 8 Sep 1702 Charles, Maryland, United StatesRobert Goodrick testifies that "about 20 or 30 years ago. Col. Rozier purchased 100 ac. from Francis Gunby but before the sale would be acknowledged, Gunby ran away leaving one dau. who married a Burgess."
Other[5] Somerset, Maryland, United StatesFrancis Gunby petitions court to get his son back from John Kirk

Research Notes

  • see Gunby Family papers at Salisbury University
  • see both Will and Will Abstract
  • He is said to have been a boat builder. Needs source.
  • Is the daughter referred to by Robert Goodrick in his 1702 testimony a child of Francis Gunby and Mary Goodrick? More research is needed.
  • for Review (Caution: predates this Gunby's supposed birthdate) - Francis Gunby was a joiner, who worked on Temple Newsam near Leeds in the West Riding of Yorkshire for Sir Arthur Ingram [see Gunby in West Yorkshire Archive Service, Leeds, WYL100/C/2, 316, 14 February 1627 and West Yorkshire Archive Service, Leeds, WYL100/EA/13/71/2]. He has also firmly been associated with the woodwork at St. John's, particularlyy the wooden screen. The extant plasterwork ceiling and frieze in the ‘Bird and Baby’ room at Sheriff Hutton can be attributed to Francis Gunby, who had plastered the dining room at Temple Newsam in 1626, which Bostwick notes featured several similar devices in the frieze (Figures 50 and 51). Both friezes are decorated with mannerist strapwork and the one in the bird and baby room features lion masks. The two birds which frame the over mantel in the bird and baby room are reproduced at New Park by Thomas Ventris, albeit in a less refined manner. [see (Bostwick, “Decorative Plasterwork of the Yorkshire Region,” p. 129; West Yorkshire Archive Service, Leeds, WYL100/C/2, 316, 14 February 1627; WYL100/EA/13/71/2.]
References
  1. 1.0 1.1 1.2 Woodrow T. Wilson. Thirty Four Families of Old Somerset County, Maryland. (1974).
  2. 2.0 2.1 2.2 Will Abstract of Francis Gunby, in Cotton, Jane Baldwin; F. Edward (Frederick Edward) Wright; and Annie W. B. (Annie Walker Burns) Bell. The Maryland calendar of wills. (Baltimore [Maryland]: Genealogical Pub. Co., 1968).

    Gunby, Francis, Somerset Co., 29th Oct., 1694; 20th Dec., 1694.
    To son John, 1 shilling.
    Joseph Wartton, ex. and residuary legatee of estate, real and personal, including 100 A., on Portobaceo Ck., Chas. Co., and personalty at house of Jno. Bowles at Nandeway, Accomac Co., VA.
    Test: Robt. Couthbert, Ralph Millbourne. 7. 180.
    ===
    Francis Gunby 13A.339 I SO £4.15.9 Feb 26 1694/95
    Appraisers: John Pitts, Archibold Holmes.
    ===
    Francis Gunby 13B.80 A SO £4.15.9 Dec 20 1695
    Payments to: Richard Wharton.
    Administrator: Richard Warton (also Richard Wharton).

  3.   Estate Records of Richard and Elizabeth Moy, in Posted online - Source Needed.

    List of Receipts and Payments for Elisabeth Moy
    In the Inventories & Accounts is a list of the receipts and payments for the estate of Elisabeth Moy. The list is dated 26 August 1679. This list can be found in Liber 6, Folios 323-353.
    List of Debts
    Francis Gunby (runaway)
    ===
    Richard Moy 12.122 A #47532 Aug 30 1679
    Payments to: Mr. Vansweringen, Clement Hill for storing at Elias Beech, Demetrius Cartwright, Peter Joyes, George Gunnell; Thomas Tasker, David Lloyd, Thomas Walker, John Taunt, Roger Fall, Jo. Saxon, Daniell Hoy, Mr. Edling, Mr. Pennington, Emanuell Pitcher, Moses Dunken (runaway), Col. Jenifer, Cuthbert Fenwick, administrators of John Garnist, Jacob Jenifer, William Hamstead, Nicholas Carr, Roger Shirley, Francis Gunby, John Bennet, Mathew Smyth, Robert Proctor, John Hastwell.
    Executor: Robert Carvile (executor of Elisabeth Moy (executrix of deceased)).

  4. Court Record, in Posted Online - Source Needed.

    Charles County, 8 Sep 1702:
    Deposition of Robert Goodrick of Chas. Co. age about 70 re land in Charles Co. held by Benjamin Rozier, dec'd which descended to his son, Notley Rozier. Deponent states that George Thompson married his sister, Margaret Goodrick, also Jackson's widow, about 20 or 30 years ago. Col. Rozier purchased 100 ac. from Francis Gunby but before the sale would be acknowledged, Gunby ran away leaving one dau. who married a Burgess (MD Chancery Records).
    -----
    [Source: Linda Reno, citation not provided.]

  5. Court Record, in Posted Online - Source Needed.

    "To their Maties worll Justices of the Peace for the County of Somerset in Court Sitting. - The humble Petition of ffrancis Gunby humbly sheweth. That your Petioners Sonn (viz) John Gunby now at John Kirks, whither your Petioners went & demanded his said Sonn but the said Kirk did most grosly and absurdly abuse your petioner, telling him that he would not deliver him his said Sonn which is to the great grief and trouble of your Petioner he being so deprived of his greatest felicity therefore humbly craves, that your worsp will please to grant Order for delivery of your Petioners Sonn & your Petitioner as in duty bound shall ever pray. The aforesd Petition being read, it is Ordered by this Court that John Kirk appear next Court to shew cause (if any he have) why he doth not deliver to the said ffrancis his sonn as abovesd."

  6.   Will of Francis Gunby, in Posted Online - Source Needed.

    Will of Francis Gunby - 1694

    In the name of God amen. October 29, 1694. The last will and testament
    of Francis Gunby being sick and at the mercy of god, but in perfect
    sense and memory I give and bequeath my soule to god that gave it life
    and my body to the earth from where it came and all my wordy goods all
    fo**onoth.

    Item I give and bequeath unto Richard Wartton one mare and fole and a
    sadle and bridle and one hundred acres of land being on Porttobacco
    Creek in Charles County in Maryland, and in the hand of Mr. Thomas Jones
    by order of Court att Manokon eighteen hundred and seventy five pounds
    of tobacco. And in the hands of Michaell Holland eighteen hundred
    pounds of tobacco and a bill of Thomas Gillares one pound seventeen
    shillings sterlling money of England and in the hand of William
    Henderson ***** hundred feet of I*** plank owe by ***. Likewise I give
    and bequeath to my well beloved friend Richard Wartton my chest and all
    my tools that is here in the house of Richard Wartton and a chest and
    tools att John Rowles living at Nandewey in Accomack County and in the
    hands of John Waters 60 pounds of tobacco or a pair of shoes. I will
    and bequeath my friend Wartton to pay to Captain William Coleborne six
    hundred pounds of tobacco ~ and to my son John Gunby and I give and
    bequeath one shilling when he shall demand it. Item - I give and
    bequeath my friend Wartton all my wearing clothes as well *** my *****
    and *****this twenty ninth of October one thousand six hundred and
    ninety four.

    Robert (RC) Couthbort And under oath of forgoing will was
    Francis Gunby
    (his mark) thus
    written
    (his
    mark)
    Ralph Milbourne

    Memorandum that his day to with November the 23rd 1694 come personally
    before me Robert Couthbort and Mr. Ralph Milbourne witnesses to the
    above will and made oath upon the Holy Evangelist that they saw the
    deceased Gunby seale and deliver the above written will as his act and
    deed. Whereas no executor is therein nominated was the oversight of Mr.
    Milbourn that drew the will for that they both the aforesaid witnesses
    hear the said Gunby nominate and appoint the above mentioned Richard
    Wartton executor to the above will before me this day and year above
    Francis Jenkins.

    That my Rom****** from the witnesses (searfaring man and going out of
    the ***** Probate made before Mr. Jenkins as above but could not ******
    the will until 15th of December 1695 though oft demanded in order in
    order to witness.

  7. Court Records for case against Richard Deaver, in Proceedings of the Provincial Court, 1663-1666.

    [11 Jan 1664/65]
    To the honble the Gouernor & Councell &c:
    The humble Pet° of ffrancis Gonby, Sheweth That Petr by Indenture Recorded in the Citty of Bristoll in the Kingdome of England became bownd unto Richard Deauer of the County of Anarundell in the Prouince of Maryland to serue the sd Deauer in this Prouince to the full end & tearme of 4 yeares after his first & next arryuall in this Prouince, to worke att Joyners worke & noe other, ffor & in ConsideraOn of the sd Deauer was to allow unto yor Petr by Couent & condicon under the sd Deauers hand yearely & euery yeare during the tearme of his seruice by Indenture due, the full third part of what hee should by his Labour gayne & ouer & aboue Two suites of good Cloath, & ffowre shirts Euery yeare. Now soe it is tht during the Voyage from Bristoll to this Prouince, the sd Deauer yor Petr unto William Jennings the Chyrurgeon of the ship in wch hee was transported hath assigned, Wch sd Jennings yor Pet” unto George Beckwith of St Josephs mannor in Caluert County hath reassigned, Wch sd George beckwith doth deny to per forme the Condicons originally made betweene him the Deauer, uppon wch only hee was obliged to serue, But the sd Condicon under the sd Deauers hand to yor Petr made for the allowance of the sd Cloathing, & share or part of his Labour hath taken away by force or fraude during yor Petrs late sicknes. Wherefore yor Petr humbly prayes tht the sd Deauer as well as the sd Jennings & Beckwith may bee summoned to the next Prouinciall Court, there to sett forth uppon Oath what Couenants Condicons were made between the sd Deauer & yor Pet” orignally att Bristoll aforesd, what tearmes yo” sd Pet” was finally sould uppon to the sd George Beckwith, hee hauing fraudulently taken away his Condicon under Deauers hand aforesd, & lastly tht uppon the meritts of his cause, yow will bee pleased to decree tht hee may haue his sd allowance of the third part of his Labour, & Two suites of good Cloath, & 4 shirts. And yor Pet” shall (as in duty bownd) pray &c:
    According to this Petn in Chancery, summons issued to Richard Deauer, Willm Jennings, George Beckwith, Henry Sewall Escp & Thomas Vrtnell to testify in ditt.
    [Source: Proceedings of the Provincial Court, 1663-1666; Maryland State Archives, Volume 49; pages 103-104 (Liber B B, p 441) - link.]


    [can’t find a date]
    [marginalia: Vid. fol. 144. 252]
    ffrancis Gumby plf Rich: Deauer deft
    The plf sueth as in his Pet” entred fol. 144, for wages, apparell &c:
    In this Cause Willm Jennings aged 25 yeares or thereabouts deposed & sworne in open Court Sayth,
    That ffrancis Gumby had an obligatory writing, graunting & allowing to the sd ffrancis a third part
    of his labour, according to the best of my knowledge, & suites & shirts in the yeare, wch things, &
    wch writings I doe in my Conscience beleiue were promised the sd ffrancis, & assigned by his master
    Richard Deauer, ffor as much as in the time since, hee did not disowne itt, But because I was not
    present of the assignaon of it, I cannot sweare safely it was under Deauers hand, And what since
    became of it, I nayther directly nor indirectly know.
    Willm Jennings
    [Source: Proceedings of the Provincial Court, 1663-1666; Maryland State Archives, Volume 49; page 140 (Liber B B, p. 190)70 - link ]

    [5 Apr 1664/65]
    Att a Prouinciall Court held att St Marys on Twesday the 5th Aprill 1664…
    Francis Gunby plt Richd Deaur deft
    [marginalia: Vide fo: 144 190]
    The defendt not appearing, Ordered that a Summons bee sent up by Capt Willm Burges to Suthons
    Richd Deauer against the next Prouinciall Court then to appeare and Set out uppon Oath the Condicons
    betweene him and Francis Gunby upon wth the said Francis Came into this Country and uppon
    what tearmes the said Gunby became bound to the said Deauor
    [Source: Proceedings of the Provincial Court, 1663-1666; Maryland State Archives, Volume 49; page 192 (Liber B B, p. 252) - link.]

    [abt Jul 1664]
    Francis Gunby ptt:
    noe returne
    Richard Deauor def
    [Source: Proceedings of the Provincial Court, 1663-1666; Maryland State Archives, Volume 49; page 236 (Liber B B, p. 300) - link.]

  8. 8.0 8.1 Mentioned, in Cavanagh, Harrison Dwight. Colonial Chesapeake Families: British origins and descendants (in 2 Volumes). (Thorofare, NJ: Edwards Brothers Malloy, 2014).

    Vol 1, p 65 -
    11 Jan 1670/71 (39th year of Lord Baltimore's proprietorship) On this date, Provincial Court Proceedings Liber MM, f. 141-41 Thomas Gantt at Patuxent in the said County of Calvert did demise (lease) to Frances Gunby and Matthew Smith all that his plantation lying in the Back Creek in Patuxent aforsayd with all houses, edifices, orchards, gardens, tobacco houses, and other appurtenances to the said plantation belonging or in any wise appertaining to have and to occupy to the end and tenure of seven years rendering yearly during the said tenure to him the sd. Thomas and his assignees the sume of 2,000 pounds of good sound tobacco and casque to be paid upon the 10th day of October in every yeare.

    Unfortunately, Gunby and Smith did not honor their contract, and after two years, on 10 Oct 1672, Thomas Gantt, represented by his attorney Robert Conville, filed suit ; and the defendants, represented, on 10 Feb 1674, by their attorney Keneln Chiseldyn, lost the case by summary judgment before a grand jury at St. Marie's County, which on 10 Feb 1673/74 awarded 6,000 pounds of tobacco for the three years of unpaid yearly rent due and 944 pounds of tobacco for his "costs and charges in this behalf expended."

    Vol 1, p 67 -
    14 April 1674 (Prov. Ct. Proc MM: 203-205) To his judgment of 6,000 pounds of tobacco plus 994 pounds for court costs owed to Thomas Gantt, Francis Cunby made the following indenture:

    This indenture made the 14th day of April 1674 between Francis Gunby of St. Marie's County in the Province of Maryland Joyner and Thomas Gant of Calvert County in the Province aforesaid ordinary keeper ... for the sum of 3,500 lbs. tobacco ... sells ... all that parcel of land call Edloe's Purchase in Dorcet [Dorchester] County ... granted by Patent 1668 to Joseph Edlow of Calvert County planter ... containing and laid out for 200 acres more or less ; signed by Francis Gunby his mark.

    "Know all men by these presents that I, Thomas Gant of Calvert County planter have released, discharged Francis Gunby ..., signed a robust "Tho: Gantt (Seale) and witnessed by Ro: Carville (Attorney), Robert Franklin, and Richard Hall (9 April 1674). ...