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Important notes on Thomas Hearne Sr.
Courtesy of Lou Poole

Excerpted from Lou Poole's HEARNE chapter:
Maryland, ss. FREDERICK, Absolute Lord and Proprietary of the Provinces of Maryland and
Avalon, Lord Baron of Baltimore, &c. To all persons to whom these presents shall come, greeting in our Lord GOD Everlasting.
Know ye, that Whereas Thomas Hearne, of Somerset County, by his humble petition to our agents for Management of Land Affairs within this Provence, did set forth that he has due unto him one hundred acres of land by Virtue of an Assignment of that quantity from Major George Gale, of said County, part of a warrant for Five hundred and Eight-six Acres Granted him the said Gale the fourteenth day of May Last; and foreasmuch as the Petitioner has discovered a quantity of one hundred acres of Vacant land lying and being in the County aforesaid, near the head of Wiccocomoco (River).
Whereon a Certain Hugh Caldwell lately Lived, partly Cultivated, by means whereof the Petitioner Conceived the same Special Warrant to Effect and secure the same, and that upon Return of a Certificate of such Survey, he Complying with all Other Requisites Usual in such Cases, might have Our Grant Issue unto him thereon, which was Granted him, and Accordingly a Warrant, on the fourth day of July, Seventeen hundred and forty, unto him, for that Purpose, did Issue.
In Pursuance whereof it is Certified into Our Land-Office that there was Surveyed and laid out for him the said Thomas Hearne the quantity of One Hundred Acres of Land, right for which were made Good at the time of Granting said Warrant, and he has since paid and satisfied unto Edward Lloyd, Esquire, Our Present Agent and Receiver-General, for some Improvements, Mention to be made on same Land; According to Charles Lord Baron of Baltimore, our Great Grand Father of Noble Memory, his Instructions to Chas. Carroll, Esquire, his then Agent, bearing date at London, the Twelth day of September, Seventeen hundred and Twelve, and Registered in our Secretary's Office of our said Province; Together with a Paragraph of our Dear Father's Instructions.
Bearing date at London, the Fifteenth Day of December, Seventeen hundred and Thirty-eight, and Registered in Our Land-Office.
We do therefore Hereby Grant unto him the said Thomas Hearne all that Tract or Parcel of Land called Hearne's Venture, Sithate, Lying, and being in Somerset County, back in the woods from the Wiccocomoco River and near the Head of a Branch of the aforesaid River Commonly Called Chaldwell's Branch, bounded as followeth:
Beginning at a Marked Red Oak standing in a Glade about half a Mile to the Eastward of the aforesaid Branch and About an hundred Yards to the Northward of a Brickkill, thence with a line drawn South seventy-two degrees and a half West Forty perches, thence South forty-two degrees West forty-eight perches, thence South twenty-four degrees West thirty-one perches, thence South thirty-seven degrees East forty-two perches, thence South eight-two degrees East one hundred and twenty-three perches, form thence with a Direct Line to the Place of beginning, Containing and now laid Out for One hundred acres of Land, more or Less, according to the Certificate of Survey, thereof, taken and returned into our Land-Office, bearing Date the twenty-eight Day of November, Seventeen hundred and Forty, and there remaining, together with all Rights, Profits, Benefits, and Privileges, thereunto belonging, Royal Mines excepted, To Have and to Hold the same, unto him the said Thomas Hearne, his Heirs and Assigns for ever, to be holden of Us and our Heirs, as of our Manor of Somerset, in free and common Soccage, by Fealty only for all Manner of Services, YIELDING and PAYING therefore, yearly, unto Us, and Receipt at our City of St. Michael the Arch Angel, by even and equal Portions, the Rent of Four Shillings Sterling in Silver or Gold; and for a Fine upon every Alienation of the said Land, or any Part or Parcel thereof, one whole Year's Rent in Silver or Gold, or the full Value thereof, in such Commodities as we and our Heirs, or such Officer or Officers as shall be appointed by Us and our Heirs from Time to Time, to collect and receive the same, shall accept in Discharge thereof, at the Choice of Us and our Heirs, or such Officer or Officers aforesaid:
Provided, that if the said Sum for a Fine for Alienation, shall not be paid unto Us and our Heirs, or such Officer or Officers, aforesaid, before such Alienation, and the said Alienation entered upon Record, either in the Provincial Court, or County Court where the same Parcel of Land lieth, within one Month next after such Alienation; then the said Alienation shall be void and of no Effect.
Given under our Great Seal of our said Province of Maryland, this twenty-ninth Day of September, Anno, Domini Seventeen hundred and sixty.
Witness our trusty and well-beloved,
Horatio Sharpe, Esq;
Lieutenant-General and Chief
Governor of our said Province
of Maryland, and Chancellor and
Keeper of the Great Seal thereof"

In 1759, "Thomas Hearne (Somerset Co.), gentleman, age 69... states he has been familiar with the border between Maryland and Delaware since 1713, and in 1732 he was Sub Sheriff to Joshua Caldwell in then Somerset County (now Worcester)
Thomas Hearne (Heron) (31 May 1691-1762), Gent., planter, son of William and Mary ____ Hearne, inherited from his father part of plantation, St. Kitts, although there was no clear title until Thomas Hearne had tract surveyed and patent for 50 a. was issued 11 Dec 1759.

In 1709 Thomas Hearne witnessed will of Hugh Porter, and he is mentioned in will of Thomas Newbold (1712) [Chapter 16], states, 'to my daughter Sarah, wife of Thomas Hearne�'

Judicial records indicate that Thomas Hearne was involved in lawsuits with Thomas Layfield and Thomas May in 1718.

Thomas Hearne first appears in Somerset Co. tax lists in 1724.

In 1728 he was the official who authored, in a strong, flowing script, 'A trew List of taxable persons of Wekacomocoe hundred' [see signature from this tax list above].

In 1739 tax list for Somerset Co., Wicomico Hd., he lived in Household 692 with his son, Nehemiah Hearne, and one slave.

On 19 Aug 1730 Thomas Hearne, with his brother William, bought an 850 a. tract called Stanes (Stains), originally patented by Col. William Stevens 2 July 1682, from Thomas Layfield, Gent., and his wife, Catherine (Katherine, nee Newbold, who m., second, 15 May 1733 - 9 Feb 1736/7, James Breeman), Thomas Hearne's brother-in-law and sister-in-law. Thomas's share, 425 a. on westernmost side, was paid for with 10,000 lbs. of tobacco.

In a 1759 boundary dispute between Md. and Del., 'Thomas Hearne, Gent., Aged Sixty nine' deposed that in 1732 he was 'Sub sheriff to Joshua Caldwell high Sheriff of then Somerset County' (now Worcester Co.), and in 1731 was present when 'John Caldwell [Chapter 14]then Deputy Surveyor of Somerset County' surveyed lands which were 'the Division between the Province of Maryland and the County of Sussex.'

Hearns Venture (Adventure), a 100 a. tract, was surveyed by David Wilson on 28 Nov 1740 for Thomas Hearne, although it was not patented until 29 Sep 1760. The tract, 'lying of a branch of ye afsd. River commonly called Chaldwells Branch,' had 19 a. of cultivated land 'with fence railes' and included 'two hundred & twenty eight apples trees, one pare tree, a hundred peach trees & eleven Cherry trees,' and six log structures: 'a Logged Tobb.o (tobacco) house twenty & Sixteen an old Logd house fifteen & twelve one d:o (log house) ten feet square & three Loggd Corn Stacks.'

In addition to corn, Thomas Hearne also grew tobacco for a number of years on his plantation: not only did he have a tobacco 'house,' he possessed more than a ton of tobacco, recorded in an additional inventory of his estate on 3 Aug 1762, valued at �13.8.4 (by Joseph Scrogin, sub sheriff, Elijah Hearne, and Jonathan Harne).

In an account filed 2 July 1764, Thomas Hearne, Jr., paid 1036 lbs. of tobacco to officials (Ephraim King, Thomas Holbrook) for fees regarding his father's estate; he allowed �2 'of this accountants account for finding Two Tobacco Hogeshead and Prising 2147 pounds of Tobacco and Carying it to the warehouse.'

Thomas Hearne deeded part of Stains, for 10 shillings each, to two of his sons in 1745:
on 21 Sep Nehemiah Hearne received 125 a., and on 11 Dec George Hearne received 150 a.

In the tax list for 1754, five Negroes were listed in the household of Thomas Heron, Sr.; and on 10 Apr of that year he patented Eagle Tower, a 100 a. tract, which he deeded to his son Thomas Hearne, Jr., on 17 Nov 1759.

Thomas Hearne m., before 9 Feb 1712, Sarah Newbold (b. Somerset Co. 1 Nov 1691), dau. of Thomas (Justice of Peace, d. 1713) and Jane Newbold, of Acquintica, a plantation on Pocomoke R., and had issue: (1) William, before 1727, (2) George, before 1718, (3) Ebenezer, before 1730, (4) Thomas, before 1717, (5) Nehemiah, before 1717, (6) John, (7) Elizabeth, (8) Jemima, (9) Mary, m. Joshua Morgan, (10) Sarah, (11) Ann(e), (12) Esther, m. Benjamin Vinson.

It has been stated that Thomas Hearne m. Sally Wingate, but no substantiating information has been found.
Presumably Sarah (Newbold) Hearne, d. before 1745, as there is no record of her releasing dower rights in any of the deeds in which her husband transferred property to his sons.
Among bequests in Thomas Hearne's will, all to his children and grandchildren, were 11 Negroes, farm animals, various household items, including 2 � dozen large leather chairs, 2 Indian bowls, 3 silk rugs, old books, 4 old account books, a Bible, testament, a prayer book, an 80 gal. Cask, and 11 other casks of different sizes.
John Hearne received 100 a. of Hearns Venture, 50 a. of St. Kitts, and 50 a. of Tower Hill. Thomas' inventory, dated 16 June 1762, totaled L631.8.3."

Abstracts of the above mentioned deeds of Thomas Hearne to this sons are as follows:
Indenture dated 21 September 1745. Thomas Hearn, Gentl. of Somerset County to Nehemiah Hearn, sadler, of same county; for 10 shillings, 125 acres of a tract called Staines (originally granted to Colo. Wm. Stevens for 850 acres on 2 July 1682, 425 acres of which was conveyed by Thomas Layfield & Catherine his wife to Thomas Hearn) beginning at a white oak marked with 12 notches standing about 100 yards from William Hearns fence on the west side on or near the dividing line of Thomas & William Hearns land and from thence to run to the further end of George Hearns fence.
(s) Thomas Hearn
Wits: M. Dashiell & Day Scott
Ack: 21 September 1745
Rec: 7 November 1745

Indenture dated 1745. Thomas Hearn of Somerset County, planter to George Hearn, planter, of same county; for 10 shillings, 150 acres of the tract called Staines.

Wits: Geo. Dashiell & Isaac Handy
Ack: 11 December 1745
Rec: 28 December 1745

Indenture dated 17 November 1759. Thomas Hearne, planter, of Somerset County to his son Thomas Hearne, planter of same county; for �5, a tract called Eagle Tower which was granted unto Thomas Hearne Senr. on 10 April 1754, containing 100 acres.

Wits: Isaac Handy, Senr. & William Stevens
Rec: 20 November 1759"

A transcript of the actual deed from Thomas Hearne, Sr., to his son, Nehemiah Hearne for part of Stains, dated 21 September 1745, is as follows:
This Indenture made the twenty first Day of September in the year of our Lord God 1745 Between Thomas Hearn of Somerset County and province of Maryland Gent. of the one part and Nehemiah Hearn Sadler of County and province afd of the other part Witnesseth that whereas the said Thomas Hearne is and Stands Seized in fee Simple of an Estate of four hundred and Twenty five Acres of Land being the Moiety or half part of a tract of Land containing Eight Hundred and fifty Acres of Land called Staines Lying and being in Somerset County afd Originally Granted unto Coll William Stevens of said County and province afd as of patent may Appear bearing Date the Second Day of July 1682 and whereas Thomas Layfield and Catherine his wife did by Deed of Sale Convey unto the afd Thomas Hearn the afd four hundred and Twenty five Acres of Land as is Recorded Amongst the Records of Somerset County in Lib: S:H:fol:281&282 Reference thereunto being had will plainly Appear Now this Indenture further Wittnesseth that the said Thomas Hearn for and in Consideration of the sum of ten Shillings to him in had paid and other good causes thereunto moving him before the Ensealing and delivery of these presents the receipt whereof he doth hereby Acknowledge and Absolutely Acquit and discharge the said Nehemiah Hearn his heirs Exrs and Admrs by these presents have Given Granted Bargained sold Enfeeoff(?) and Confirmed and by these presents do Give Grant bargain sell Enfeoff and Confirm unto him the said Nehemiah Hearn his heirs and Assigns for Ever on hundred and Twenty five Acres of Land part of the above named four hundred and Twenty five Acres of Land to begin at a marked White Oak marked with Twelve Notches Standing about one hundred yards from William Hearns fence on the west side on or near the Dividing Line of Thomas and William Hearns Lands and from thence ___ about west to the further End of George Hearns fence as it Stands on that Course About One hundred and forty poles and from thence to the head Line which is North one hundred and Twenty poles and from thence North Eighty one Degrees East One hundred and forty poles and from thence with a right Line the to the marked Red Oak [note: it was a white oak when we started!] with twelve Notches to Contain one hundred and twenty five Acres of Land more or Less To have and To hold the afd tract of Land Called Staines before by these presents bargained and sold with all and Singular the Appurtenances thereunto belonging unto him the said Nehemiah Hearn his heirs and Assigns for Ever and the said Thomas Hearn for himself his heirs Exrs or Admrs and Every of them doth Covenant and Agree and promiss and Grant to and with the said Nehemiah Hearn his heirs and assigns and Every of them by these presents that he the said Thomas Hearn for himself & his heirs Exrs Admrs and Every of them the said One hundred and Twenty five Acres of Land part of the said tract called Staines before by these presents bargained and Sold or hereby Intended to be bargained and sold and Every the Appurtenances thereunto belonging to him the said Nehemiah Hearn his heirs and Assigns Against him the said Thomas Hearn his heirs and all and Every of them shall and will warrant and for Ever Defend the same one hundred and Twenty five Acres of Land and premisses from any person or persons whatsoever Claiming Lawfully from by in or under him or any of his heirs the rent or rents or Services due to the Lord or Lords of the f__ Always Excepted and fore pri__ed and the said Thomas Hearn for himself his heirs Exrs and Admrs Assigns doth hereby Covenant and Agree and grant unto and with the said Nehemiah Hearn his heirs and Assigns that the said Nehemiah Hearn his heirs and Assigns shall and may for Ever Quietly and peaceably have hold Occupy and Enjoy the afd one hundred and Twenty five Acres of Land with all and Singular the Appurtenances thereunto belonging without the Lo_suit Trouble or molestation of him the said Thomas Hearn his heirs Exrs Admrs or Assigns In Wittness whereof the said Thomas Hearn hath to this present Indenture set to his hand and Seal the Day and year above written. M Dashiell Thomas Hearn {seal}
Day Scott"

The above mentioned deposition of Thomas Hearne regarding what he knew about the boundary between Maryland and Delaware is copied in full below:

Worcester County sst
Thomas Hearne of Somerset County in the Province of Maryland Gent Aged Sixty nine years or there abouts being sworn on the holy Evangels of Almighty God Deposeth and saith that in the year of our Lord One thousand seven hundred and thirteen he this Deponent Travelled from the Head of Nanticoke into Sussex County where he met with one Abel Pride a liver there who informed this Deponent that Green Branch and the Beaver dam Drains were the Division between the Province of Maryland and the County of Sussex And this Deponent further saith that in the year of Our Lord seventeen hundred and thirty two he this Depont was Sub sheriff to Joshua Caldwell high Sheriff of then Somerset County and that all the Inhabitants to the Southwestward of the aforesaid Branch Beaverdams & Drains paid their Levies unto him this Deponent & submitted to any Precept he had against them from the then County of Somerset And this Deponent further saith that he was informed that the Inhabitants of the Eastermost side of the Branch Beaverdams & Drains aforesaid were within the County of Sussex and those of the Southwest Side were within the Province of Maryland And this Deponent further saith that in the year Seventeen hundred & thirty one he was present when a Certain John Caldwell then Deputy Surveyor of Somerset County Surveyed a Parcel of Land for one Dobson near the aforesaid Drains and that he this Deponent then heard the said Caldwell say that the aforesaid Drains were the Division between the Province of Maryland and the County of Sussex And this Deponent further saith that the Bridge across Gravelly Branch at the Place formerly called the Wading Place is six or seven Miles within the reputed lines aforesaid of the Province of Maryland and further this Deponent saith not.
Thos Hearne Senr
"Taken & Sworn to this 29th Day of August Anno Dom 1759.
Jos Collins
Before Wm Ellegood

Notes for SARAH NEWBOLD:

Sarah Newbold was born 1 November 1691 in Somerset County, Maryland, the daughter of Thomas and Jane Newbold. She married Thomas Hearne] before the date of her father's will, 9 February 1713. [Thomas Newbold's will was dated 9 Feb 1712, but this was under the old style calendar. The actual date of his will, in accordance with our present calendar system, would then be 9 Feb 1713.]

Notes for WILLIAM HEARNE:
William Hearne, tanner and carpenter, son of Thomas and Sarah (Newbold) Hearne, was listed in his father's household in 1743 tax list for Wicomico Hundred, Somerset Co., and was mentioned in his father's will (1762): 'Also I give and bequeath to James Hearne the son of William Hearne one hundred and ffifty Acres of Land taken out of a Tract of Land Called Stains.' William Hearne was named with 'Brothers and Sisters to the Deceased' in an account, estate of his brother, John Hearne (d. 1765) (even though William pre-deceased him). Inventory of estate of 'William Hearne Jun.r' was taken on 17 Apr 1754 by Robert Twilley and William Vennables and witnessed by brothers George and Thomas Hearne, jr., and George Parker. Inventory totaled �129.18.10 and included a Negro woman called Judah, one Negro girl called Meritty, a desk and bookcase, 'one small Dear Skin � Parcel of Tanners Tools' and many carpenter's tools. Susana Hern verified, on 18 June 1854, the inventory of William Hearne 'that came to her hands or Possession � at the time of his Death.' Written on cover of original account for William Hern, submitted 5 Feb 1755, is ' James & Purnall, Children to Inherit the Ball(ballance-parans mine-MLH).' An additional 10 shillings was added for a 'Steel Trap found since the appraisment,' bringing total of William's estate to �130.17.11. Accountants were Susana (_____) Hearn Wainright and her second husband, Thomas. After fees, widow received �54.13.9 � ; 'Ball. To be Secured to ye Children is �76.4.1 �.' William Hearne m. Susana ____ James, sold part of Stains (Stanes) to Elijah Hearne in 1774; (2) Purnall�.

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