Nicholas Day Sr. (abt. 1635 - bef. 1705)

Born about 1635 in England [uncertain]

Descendants

Died before 22 Feb 1705 before about age 70 in Gunpowder Falls, Baltimore County, Province of Maryland

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Biography

1635 Birth and Parents

No reliable records have been found to establish the birth date and place of the Nicholas Day of Baltimore County, Maryland. Robert Barnes notes that Nicholas Day was the progenitor of the Day family of Baltimore County. ^[1]

His birth year is currently estimated as 1635 based on the surmise that he is the same person as Nicholas Day of London, born in 1635.

1650 Immigration to Maryland

Skordas reports that Nicholas Day received a land grant in 1658, ^[2]

Gust Skordas reports that Nicholas Day was "transported," meaning that another person paid his passage to Maryland, and thereby received an indenture entitling them to seven years of labor. When the indenture was over, the immigrant received land of his own. ^[2]

A land grant in 1658 would indicate that Nicholas actually came to Maryland seven years before, consistent with arrival in 1650 or 1651. ^[3] This is consistent with Stan Day's observation that "At age 15, in the year 1650, he took a ship to America." ^[4]

1658 Completion of Indenture

On 22 February 1658, Nichols Day "with seven other men (all named) and two women, Elizabeth Gaibe and Catherine Roads," (Faulkner), having been bound out to Richard Owens, the latter "granted them their freedom and so notified his 'Lordships Grace,' the Crown of England that they were entitled to 50 acres of land. ^[5]

1684 Marriage to Sarah

A compilation of marriage records shows that in 1684 in Baltimore County, Maryland, Nicholas Day married Sarah Lowe (1650-1736). ^[6] This repeated at Find-a-Grave.^[7]

However, the more reliable work on Maryland Marriages, which records the marriages of many of Nicholas' children, does not record a marriage for him. ^[8]

We know from Nicholas' will that her name was Sarah, but at this time her birth name and particulars of the marriage should be considered unknown.

It is not likely that Sarah was older than 45 at the time Diana was born, and thus Sarah's birth would not have been earlier than 1655. Even with a 1630 birthdate for Nicholas, he would have been 25 years older than she. Sarah would still have been up to 81 years old at her death. "Sarah Day's will, dated October 20, 1730 and proved in 1736 is on file in the Hall of Records (Balt Co Wills, Box 5, Folder 87). Barbara Turner has Sarah's surname as Cox, m 1658. If she was 18 at marriage she was b. 1640 and died at age 90 to 96, and had her children 26 years after marriage, or age 44 to 59. Possibly marriage date was 1685. The following is a transcription made from a photostat of the original will (92= )^[9]

Sarah had died by 28 December 1736.^[1]

1693 Obtains Land on Gun Powder River

When next heard from it is June 6, 1693. He is listed as Nicholas Day, Sr of Anne Arundel Co., Md, and for 1200 pounds of tobacco he obtains 200 acres of land at Gun Powder Falls on Gun Powder River Northeast of Baltimore.

Also that year, for 3000 pounds of tobacco, Thomas Bruins sells him 150 acres of land named Lesser Chance, and on November 5, 1693, Nicholas Day bought a part of the tract known as William the Conqueror. From this, several additional inferences can be made. ^[3]

There are no records showing whether Nicholas Day owned land in Ann Arundel County during the 36 years between 1658 and 1693; but he apparently lived there and became prosperous enough to be able to make the purchase outlays for the land in Baltimore County.

If he was born in 1635, he would now be 58, rather old for a new venture, with his oldest child not older than 10, and probably several younger children on the scene as well. ^[3]

1699 Baltimore Tax List

Nicholas Day was in Baltimore County by 1699 as a taxable in the north side of Gunpowder Hundred.^[1]

In the 1699 Tax list for Baltimore, MD township on the North Side of Gunpowder Hundred, Nicholas Day is taxed for the land named in his will as William the Conquerer

"He was taxed for land on the north side of the Gunpowder from 1699--1706. ^[10]

1704 Will

Nicholas Day made his will in Baltimore County, Province of Maryland, on 1 December 1704. This will was proved on 22 February 1704/5.^[11]

Summary of Will

In this will, Nicholas left tract William the Conqueror first to a son Nicholas then to a son Edward. It named daughter Sarah, Obadaiah Pritchard, daughters Elizabeth and Dinah; admin. bond posted 23 May 1706 by Extx. Sarah Day with Thomas Preston and Samuel Brown. They established inventory on 22 September 1705 by John Rollins and Charles Baker. est. admin on 22 March 1708 by widow Sarah Day, who died by 28 December 1736 when admin. bond on her est. was posted by Josias Hendon ands Thomas Amos, ands her est. was admin by Nicholas Day on 31 March 1737.^[1]

Transcript of Will

Nicholas' will, dated December 1, 1704 and proved February 22, 1705, is on file in the Maryland Hall of Records in Annapolis, Maryland. The following is a transcription made from a photostat of it.: ^[3]

Baltemore County

In the name of God Amen this first Day of December one thousand Seven hundred and four I Nicholas Day of Baltemore County being Sick and weak in body but perfect Strength and Memory thaks to all mighty God for and Calling to minde the uncertaine Estate of this Transitory life Doe Constitute and ordaine and Declaire this my last will and testament in manner and forms following--Revoaking and by these presents testamt or wills hereto fore by mde made and Declared Either by word or wrighting and this to be Taken only for my last will and testamentand none other

• viz I give my Soul to all mighty God my Saviour and Redeemer in hume and by the merrits of Jesus Christ I trust and beleive assurdly to be Saved and to have full remission and forgiveness for all my that my Soul with my body at the genrall Day of Resurrection Rise againe in Joy and through the merritts of Christs Death and passion posses and inheritt the Kingdoms of heaven prepared for his Elect and my body to buried in such manner as it Shall please my Executr. and hreafter whom I shall appoint and now for the Settling of my Temporall Estate
• first I Desire that all my Just Debts that I owe in right to any man Shall well and truely paid or ordered to be paid in Due time after this my Decease by my Executr. however named
• Item I give unto my Sonn Nicholas Day all that tract of Land at Gunpowder Called or Knowne by the Name William the Concour to the said Nicholas Day and his heirs for Ever and for want of such heirs after his Decease to be Deemed the proper right and Intrest of my Second Sonn Knowne by the name of Edward Day to him and his heirs for Ever.
• Item I give unto my Sonn Nicholas Day all that parts of my Stock of hoggs that is of his proper Marke and alsoe I give to my Daughter Sarah Day all that parte of my Stock of hoggs that is of her proper markes.
• Item: I give unto Obediah Prichett Six young Sows with pig or piggs by them Due alsoe I give unto Walter Pardue four young Sow Shoats
• Item I give unto my Two youngest Daughters Elizabeth Day and Dinah Day all that part of land whereon I now live to be Equally Divided between them after the Death of my Loveing wife Sarah Day to them and their heirs for Ever
• as for my personal Estate I do ordaine it to be Equally Devided between my wife and five Children
• and lastly I Doe hereby Constitute and ordaine and apoint my above Said true and loveing wife Sarah Day to be my Sole and only Executrix of this my last will and testamt
• as witness my hand and Seale the Day and year above written

Signed Sealed and Delivered the marke of in the presence of:

Nicho ND Day Seal

his

John Whittaker Feby 22nd 1704/5

mark

• Then Came John Whittaker and Catherine her --his wife John Deaver and Hannah his wife Cath. Whittaker the wittnesses to the above written will mark and proved the Same in comon forme before me.

John Deaver

Hannah Deaver

Henry Wriothesley Depty Com of Baltimore County

His will, dated December 1, 1704 and proved February 22, 1705, is on file in the Hall of Records ^[12] and the following is a transcription made from a photostat of it.: ^[13]

1705 Death

Nicholas Day died in Baltimore County, Province of Maryland, after making his will on 1 December 1704 and before his will was proved on 22 February 1704/5.^[11]

Children

Five children are named in Nicholas Day's will.

1. Sarah Day Greer, older daughter. Born, say, 1686. Barnes states that Sarah married first Obediah Pritchett, and, secondly, after her father's 1704 will, John Greer;^[1] Married John GREER. John Greer, born Abt. 1682 in Gunpowder River area of Baltimore/Harford Co., MD; died 1752 in Onslow Co., NC. He was the son of James Greer and Ann Taylor. He married Sarah Day 04 Mar 1704 in St. John's Episcopal Church, Baltimore Co., MD. Family search shows Sarah Day, born Abt. 1686 in Anne Arundel Co., MD?; died Abt. 1747 in Baltimore Co., MD. ^[14]
2. Nicholas Day, Jr, oldest son, was born, say, 1688. Nicholas, d. 1739^[1] Family Search shows Nicholas Day, Jr. b. May 1688, Anne Arundel County, Maryland, d. Bef. 25 May 1739, Baltimore County, Maryland. Nicholas Day III (1685–1739) ^[14]
3. Edward Day, named in will as second son, was born, say, 1689. Edward, d. 1746^[1]
4. Elizabeth Day McComas, named in will as younger daughter, was born, say, 1691. Elizabeth, m. Alexander McComas on 9 Nov 1733^[1]
5. Dinah Day Merriken, named in will as younger daughter, was born say, 1694. Dinah^[1] NOTE: Diana would not likely have married much younger than age 18, which would place Diana's birth at 1700.

Research Notes

Was Nicholas Day of Maryland the son of Nicholas Day of London?

Some genealogies show Nicholas Day of Baltimore County, Maryland, born about 1635 to be the son of Nicholas Day of Hackney, London, England (1618-1680) and his wife Elizabeth Scott, born 1618. The relationship is possible ,because the dates appear to fit, but no documentation has been found to confirm a parent-child relationship,

A Nicholas Day, son of Nicholas and Elizabeth, was baptised at St Leonard, Shoreditch, Hackney, Middlesex on 27 Aug 1635. ^[15] Baptism generally occurred within a month of birth, so it may be assumed that Nicholas Day was born in 1635.

Nicholas Day (Sr.) was Baptised on August 27, 1635, in Middlesex, England. Parents were Nicholas Day I and Elizabeth (Scott) Day.^[16]

Find-a-Grave shows Nicholas Day, Jr, born 27 Aug 1635 in Shoreditch, London Borough of Hackney, Greater London, England. ^[7] Stanley Day's records show this as his baptism date, with the location being Hackney, London, Middlesex, England. ^[4] The baptism record dated 27 August 1635 shows his parents as Nicholas Day and his wife Elizabeth. ^[7]

Find-a-Grave shows the Nicholas Day, born 1635, as the son of Nicholas Day (I), born 12 April 1618 in the London Borough of Hackney, Greater London, England. ^[17] His parents were Nicholas Day (1618–1680) and Elizabeth Scott Day (1618–1690 ^[7]

Did Nicholas Day come from Wales?

Another lineage says that Nicholas Day originally came from Wales ^[18] and was born there perhaps in 1620, although 1630 is more likely. ^[3]

This may be a different person, or it may reflect the belief that Nicholas' mother, Elizabeth Scott, was from Wales.

Duplicate Material

Additional Material at this location: Free SPACE

Sources

1. ↑ ^{1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8} Robert W. Barnes. Baltimore County Families, 1659-1759 Baltimore: Genealogical Publishing Co, 1989. Robert Barnes is a trusted and published researcher of Maryland families. The Nicholas Day entry is on page 161.
2. ↑ ^{2.0 2.1} Gust Skordas, The Early Settlers of Maryland: An Index to Names of Immigrants Compiled from Records of Land Patents 1633-1680 in the Hall of Records, Annapolis, Maryland. Baltimore: Genealogical Publishing Co, Inc., 1968, page 128. Nicholas Day's land grant is recorded in Liber Q, folio 70. See also liber 20, folio 2.
3. ↑ ^{3.0 3.1 3.2 3.3 3.4} Jackson H. Day. Colonial Maryland Database of persons named Day. Unpublished manuscript.
4. ↑ ^{4.0 4.1} Rev. Stan Day, Research
5. ↑ Liber 2, Folio 70, Land Commissioners Office, General Land Office, Annapolis, Md.
6. ↑ The U.S. and International Marriage records 1560-1900
7. ↑ ^{7.0 7.1 7.2 7.3} Find A Grave: Memorial #116163472 Profile of Nicholas Day, Jr. Created by: carole taylor puntenney: 27 Aug 2013. Accessed 12/6/2019 jhd
8. ↑ Robert Barnes. Maryland Marriages, 1634-1777. Baltimore: Genealogical Publishing Co, 1975
9. ↑ Admin Acct 1737, Lib 16, fol 59 (139, p. 2)
10. ↑ Baltimore County, Md. Tax Lists, 1699-1706, pp 3,8,16,23,32,41,51,59.
11. ↑ ^{11.0 11.1} BALTIMORE COUNTY REGISTER OF WILLS (Wills 1666-1759), Reel CR 72240-1, MSA CM188-1, Book 1, folio 74, Will of Nicholas Day; images, Maryland State Archives, (https://guide.msa.maryland.gov/pages/item.aspx?ID=CM188-1 : accessed 1 Feb 2024). Image available here.
12. ↑ Baltimore Co. Wills, Lib 3, Folio 437-8
13. ↑ Compiled by Mrs. Frank A Schmitz (Maurine Collins), 2770 Cascade Dr, Dubuque, Iowa, in letter 12 Dec 1972 to Mrs. James H. Mero (Leona Harris) 212 Brightwood Ave, HIampton, VA 23361.
14. ↑ ^{14.0 14.1} Family Search
15. ↑ Baptism: "London, England, Church of England Baptisms, Marriages and Burials, 1538-1812"
    London Metropolitan Archives; London, England; Reference Number: P91/LEN/A/001/MS07493
    Ancestry Sharing Link Ancestry Record 1624 #7330300 (accessed 9 September 2021)
    Name: Nicholas Day; Gender: Male; Record Type: Christening (Baptism); Baptism Date: 27 Aug 1635; Baptism Place: St Leonard, Shoreditch, Hackney, Middlesex, England [Hackney Middlesex England]; Father: Nicholas Day; Mother: Elizabeth Day.
16. ↑ England, Middlesex Parish Registers, 1539-1988", database, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:8BGY-DZ6Z : 4 September 2020), Nicholas Day, 1635.
17. ↑ Find A Grave: Memorial #116166123 Profile for Nicholas Day, Senior. jhd
18. ↑ Lineage of Ethan E. Faulkner - Days of Gunpowder Falls, Hale-Mero-Schmitz corresp. (Referred to in text hereafter as Faulkner.

See also:

• http://www.ancestry.com/genealogy/records/nicholas-day_12329597
• The Day Family History book :from Rev. Stan Day agrees with everything that I had already placed above, except the year he came to America.
• find a grave -Record added: Aug 27, 2013--Find A Grave Memorial # 116163472
• www:ancestryinstitution.com/cgi-bin/sse.dll?db=LMAearlyparish&o_vc+Record%3aOtherRecord&rhSource=3552&gss=angs-i&indiv=1&pf=1&recid=&h7330300&fh=&ct=&fsk=&bsk=or aka-London Metropolitan Archives, St. Leonard Shoreditch,

Register of Baptisms and marriages, 1558-1653 pg1/LEN/A/001/MS07493

• Find A Grave: Memorial #102821467