Notley Port Tobacco

Notley Maddocke (Abt 1714  - 1786)  Port Tobacco Parish

by Diana M. Bara, Longmont,CO  DBMDRoots@aol.com

Notley Maddocke of Cool Springs,  Port Tobacco Parish, Charles County, Maryland, has been reported by other Maddox researchers and genealogists as the son of James and Mary Maddocke and the grandson of Cornelius Maddock and Mary Smallwood.   Cornelius Maddocks was reportedly born in England and first came to Stafford County, VA before he moved to Nanjemoy Parish in Charles County about 1680.  According to Elise Jourdan, author of Early Families of Southern Maryland, Vol. 9, the evidence that Cornelius had a son James is circumstantial.  The only probate found for Cornelius was his inventory dated March 16, 1685/6, which contains no clues regarding the names of his children.  His widow Mary, remarried Robert Taylor and it was the administrative account, of their unmarried daughter Ann Taylor, that named the children of Cornelius.  This Account was dated 11/18/1744 and did not name James among her brothers and sisters.  It has been presumed that James was not named  because he had died before Ann's account. Cornelius owned two tracts of land called Talshell (1684) and Nuthall (1688) yet, neither of these two tracts were passed on to James Maddocke nor his descendants .  One would think that a son would at least inherit a small parcel of his father's land.    Therefore the true parentage of James Maddock is uncertain. (CCLR Liber #1 f. 51 and liber O#1, f. 1)

In 1729, through an act of the Maryland Assembly, the town of Charles Town, which was later called Port Tobacco, was laid out and erected.  James Maddocke was among the many individuals to purchased a lot  in  Charles Town.  On October 13, 1729, he purchased lot # 62, and then on May  6, 1732, lot # 61. Also as a result of this act of the Maryland Assembly on Oct. 10, 1728, it was decided to erect a courthouse and prison,  "at a place on the east side of the head of Portobacco Creek in Chandler Town".  The justices sold the old courthouse and prison.  James Maddock was the best bidder to purchase the old property for 1505 pounds of tobacco, containing 3 acres, recorded on May 13, 1731. (CCLR Liber M#2 f, 179 & 249)

Through land records, not probate, it has been proved that James Maddocke had  a son Notley.  James Maddocke, was an innkeeper in Charles Town (now called Port Tobacco), and a planter.  His plantation and possibly the birthplace of Notley, was a  tract of land known as the New Exchange.   It was located in Port Tobacco Parish, and described as being,  "in the woods on the east side of Port Tobacco Fresh, beginning at a marked Oak in a valley."  The inn that James kept may have been located on one or both of the lots in Charles Town, #61 & 62.  James deceased intestate in 1735.  His final Administrative Account  was recorded on  March 4, 1740.  Present to represent the deceased,  were his widow Mary,  and four unnamed children. Her sureties were John Martin, Sr. and Alex Smith Hawkins. (Charles County Register of Wills, Administration Accounts, 1738-59, folio 24).

After his death, the lots in Charles Town were sold.  A deed dated November 11, 1741,  from Notley Maddocke, of Charles County, Port Tobacco Parish,  and his mother Mary, the widow of James, conveyed lots #61 & 62 to Joseph Noble, Jr..  On May 5, 1748, in another deed,  Mary Maddocke makes an arrangement with her son Notley, for her use of the plantation for the remainder of  her natural life.  Charles County Rent Rolls (1733-1775), show Mary Maddox in possession of 94 acres of New Exchange.  The 1783 Tax list of the sixth district of Charles county listed Notley Maddocke, Jr. owning  89 acres of the New Exchange with  Joseph Piekrel owning  70 acres. (CCLR, Book O#2 f. 531, CCLR, Liber Z#2, f. 25)

About the time that Notley Maddocke's father had deceased, Notley had his signature or mark recorded in a book of deeds. "Notley Maddocke of Port Tobacco recorded his mark", this record was found in Charles County Deed book, O #2 on folio 83, dated  March 6, 1734/5.  This may have been a practice at the time, when male heirs reached the age of majority, which was the age of  21 in the state of Maryland.  This is also the age that a male could transact land and if orphaned would no longer need a guardian.  If this is the case, then we can estimate Notley's birth to be about the year 1714. The way the dates were written as 1734/5, was the way the dates were noted when the Julian Calendar was in use.   The date according to the Gregorian calendar would be 3/6/1735.  This date also coincides with the date that Notley's father died, which was shortly before June 4, 1735, the date of his inventory.

By November 10, 1737, Notley Maddocke, married Elizabeth Martin the daughter of John and Elizabeth Martin.  A deed was recorded on November 10, 1737, from John Martin to Notley Maddocke, " his son in law."  The term son in law could also mean a stepson. However in this case, there is no evidence to indicate that he was a stepson.   Elizabeth Martin's  parentage was determined from this  deed  as well as from the will of her grandfather, Michael Martin.  (CCLR O#2, f. 308 11/10/1737, Maryland Calendar of Wills, Vol. V, Book  17 f. 8 Aug. 26 1721,Charles County  Land Records O#2, f. 307 11/10/1737)

Ten years later, on September 17, 1747,  John Marten, Jr., conveyed to Notley Maddocke, Jr., his part of Owen's Purchase that was on the south side of Holly Branch, which was granted to him  by his father in 1737.  This part was where John Martin, Jr. and his wife Elizabeth lived.  John Martin, Jr. also conveys his half of a tract called Nonesuch, containing 37 acres.  Recorded one day later, Henry Marten, who would be John's brother, conveyed to Notley Maddocke, Jr. his half part of Nonesuch, another 37 acres.  Nonesuch is described as being bounded by Lyon's Den and a small branch of Zachia (swamp).   Notley Maddocke, now owns all 200 acres of Owens Purchase and  74 acres of Nonesuch. This is confirmed by the Charles County Rent Rolls (1733-1775), " 200 Acres Owens Purchase.... 74 Acres of Nonesuch... in possession of Notley Maddox."

It is interesting how the Junior was added to Notley's name in this deed, revealing that there was a Notley Maddocke, Sr. and a need to distinguish the two individuals.  This complicated research, because it had been assumed that Notley Maddocke's father was James Maddocke, not a Notley Maddocke, Senior.  However, Junior and Senior does not always designate a father and son.  It is also used to distinguish an uncle and nephew,  or any other older person from a  younger one, who share the same name.  This distinction would be needed particularly if they both transacted business in the same court house. During this time the Charles County court house was located on the East side of Port Tobacco Creek in Charles Town (Port Tobacco). (CCLR Z#2 f. 178, 9/17/1747, CCLR Z # 2, F. 180, 9/18/1747)

Also in 1747, after an ownership of ten years, 125 acres of  Troublesome was sold  to Alex Smith Hawkins, by Notley and his wife Elizabeth.  Alexander  was one of the bondsmen who posted security for Mary Maddocke, Notley's mother, during the probate of his father.   Since bondsmen during this time were usually family members or a very  close friend, there must be some connection between the Hawkins and  Maddocks families.  A status of Junior was not used for Notley Maddocke in this document, perhaps because the name of a spouse was used to identify which Notley Maddocke was involved.  (CCLR Z #2, f. 193, 10/17/1747)

In 1756, Notley Maddocke purchased from Barton Hungerford, for 8,000 pounds of tobacco, part of a tract that was resurveyed into two tracts one called Capell and the other Barton Woodyard, totaling 80 Acres.  This tract was later sold to James Maddocke, Junior for 100 pounds, in 1774, along with 25 acres of Cool Spring.  This James Maddocke, Junior would be Notley's son.  Usually transactions between a father and a  son were for "natural love", and not currency.  Proof of  James' relationship as the son,  is shown in 1779, when James,  who was identified as the son of Notley sells the same tracts to Walter Morris.  James was then residing in Goochland, Virginia.  Also, the status of Junior implies that there is another James Maddocke, who was the elder.  It is proved that Notley had a brother James, who was most likely the elder or Senior in this case.  (CCLR A#3 (A1-1.5) f. 430 - 1/5/1756, CCLR S#3 f. 564 3/23/1774, CCLR V#3, f. 383, 8/11/1779)

Also in 1756, Notley Maddocke had Owen's Purchase resurveyed.  The resurvey created Cool Springs which totaled 510 acres, 200 of which was Owens Purchase, and 310 acres of newly acquired land, (2/13/ -- & patented 5/13/1756, BC3/155; BC5/174).  The Charles County Rent Rolls (1733-1775), listed the 510 acres called Cool Spring as being in possession of Notley Maddox. It also listed Owen's Purchase, 200 A (near Mill Dam) as included in a resurvey of Cool Spring.  Owens Purchase was originally surveyed in 1670 for John Owen and was described as "at a bounded Red Oak near the land of Dan'l Johnson" .  Owen's Purchase was the tract that John Martin conveyed to his son in law Notley Maddocke in 1737.

The 1778 Oaths of Fidelity , the 1783 Tax list, and probate records give evidence that Notley and Elizabeth Maddocke, had the following male children: James Maddocke, Notley Maddocke, Jr., Henry Maddocke, and George Maddocke.  There were no known female children.  James Maddocke married Sarah, the widow of Notley Warren.  They  apparently resided  in William and Mary Parish on land owned by the Warren family which was passed to Notley Warren's heirs through his widow Sarah.  James and his  family left Maryland for Goochland County, Virginia by August 1779.  Circumstantial evidence suggests that Notley Maddocke, Jr., may have married Violetta Boswell and left Maryland for Mason County Kentucky after 1792, where he died about 1801.  However, more research is needed to prove this.  Henry Maddox married Mary Cox, the daughter of John Cox.  George Maddocke may have left the state or  died  shortly after his father's death,  otherwise not much else is known about him. (See Notes on James Maddocke,  Notley Maddocke, Jr. and Henry Maddocke)

The 1778 Oath of Alligence of Port Tobacco East Hundred lists the following, Henry Maddox, Notley Maddocke Sr., Notley Maddocke Jr.. The William & Mary Lower Parish listed James Maddocke of N., and  George Maddocke.  The 1783 tax list shows ownership of Cool Spring was shared by Henry Maddox (26 Ares), Notley Maddox (103 A), Notley Maddox,  Sr.( 356 A), and Walter Morris (44 A).

Before June 12, 1786, Notley Maddoche, Sr., died intestate. His wife Elizabeth and son Notley were the administrators for his estate.   Michael Martin and William Cox were  their sureties.   Michael Martin was probably a brother, cousin  or uncle of Elizabeth.  William Cox was either  the father in law or a brother in law to Henry Maddox.  Notley's  son James Maddochs was  in Goochland, Virginia.  He appointed Robert Rogers, his brother in law as a power of attorney to represent him during the probate of his father's estate. Henry and George Maddocke were listed as Notley's Maddocke, Senior's  next of kin in his inventory.  John Hanson, Jr. and Henry Hanson were the  appraisers of his estate. His greatest creditors were Thomas H. Ridgate, Thomas William and Thomas Claggett.  The following slaves were named in the inventory, Tom age 30, Jack 29, Bob 13, George 9, Frank 7, Harry 3, Florah 48, Rachel 37, Sicley 25, Cate 13, Dark 9, Charity 5, Joan 23, Lett 4, Juda 2, Nacy 25,and  Tery 16.  ( Charles County Register of Wills, Will Book #9 & 10, C CLR D#4f. 59-60 )

Because Notley Maddocke, Senior died leaving a lot of debt, a sale of his estate was made on June 7, 1787.   Some of the individuals making purchases where, William Cox, Walter  McPherson, Notley Luckett, Edward Boswell, Robert Rogers, Samuel Cox, and Samuel Tubman.  These individuals are likely to all be relatives who tried to help the widow in her desperate need for financial assistance.  Robert Rogers was the power of attorney for her son James and her son Henry married into the Cox family.

By March 31, 1788, the widow Elizabeth married Samuel Luckett, the son of William  Luckett,.  In October 1789 there was a Citation made in the court records requiring Notley Maddocke, Jr., Elizabeth and Samuel Luckett, "to show cause why they do not pass final account",  and they were ordered to pass final account by the March term 1790.  Probate records after the citation in 1789  do not show any other accounts.  There was no final distribution found which usually  states the names of the heirs.  Instead, Cool Springs was auctioned and sold in 1792. (CCLR K4, f. 113, Charles County Will Book #10, f. 496)

The events that occurred  between October 1789 and August 1792 are uncertain.  However, on August 21, 1792, a Judgement was obtained against Notley Maddocke and Henry Maddox because of a debt they owed to Abraham Barnes.  Henry and Notley were garnished by their brother James in order to take possession of  Cool Springs.  Probably because James  lacked the liquid assets to pay back the debt, Cool Springs was condemned and auctioned to the highest bidder, who was Alexander Hamilton.  It is not known if Henry and Notley were still in Charles County or the state Maryland.  They were not deceased, otherwise the record would reflect this.  No probate was  located on them in Charles or the surrounding counties.  (Charles County Will Book #10,  CCLR  K#4, f. 474, 8/21/1792)
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According to Fredonia M. Webster, author of " The Maddox Family of Maryland" : Notley Maddox who deceased in 1786, of Port Tobacco Parish, was probably the same person as Notley Maddoche who sat at a meeting of the inhabitants of Charles County and was chosen with other Patriots to represent their county at the American Continental Congress.

     "At a meeting of the inhabitants of Charles County, a Committee qualified to vote for representatives at Port Tobacco Town, on the 18th day of November, 1774, when Samuel Hanson, Esquire, was unanimously chosen chairman. Response, that Notley Maddocke, with a number of other distinguished patriots, was appointed to represent and act for this County  to carry into execution the association agreed upon by the American Continental Congress and that any seven have power to act.  The Committee had been disbanded by 1784; in fact, it only existed at the beginning of the war.  Those who served were elderly men, men of maturity and distinction.  The following, a few of the many chosen' all of Charles County. "

--D Bara. Colorado, 2001
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Webmaster's notes:  Notley Maddox is a very common name which can be found to this day among Maddox descendants.  Most, however, are not Cornelius Maddox descendants, but Samuel Maddox descendants because Samuel is said to have arrived in Maryland with Thomas Notley, Maryland's first governor.  Click here for More on the Notley's.
 

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