John Fitzherbert (abt. 1639 - abt. 1672)

Husband of Mary (Brent) Fitzherbert — married before 1670 in Calvert County, Province of Maryland

Died about 1672 at about age 33 in Calvert County, Province of Maryland

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Biography

1650 Birth and Parents

Given his arrival in 1670, estimate his birth as, say, 1650.

Referring to him as Francis, rather than John, however, Mike Marshall gives a birth year of before 1639. ^[1]

1670 Arrival in Maryland

Skordas shows John Fitzherbert transported in 1670 (Liber 16, folio 78). ^[2]

John Fitzherbert's way was paid for by Edward Fitzherbert of St. Mary's County, probably John's brother. ^[3]

1671 Marriage to Mary Brent

His wife was named Mary. (Arch 65, p. 123) and was probably the Mary Fitzherbert named at the death of Giles Brent. (Baldwin VII, f. 261, 1971) ^[3]

Before 1671 in Calvert County, Maryland, John Fitzherbert married Mary Brent, daughter of Giles Brent and Mary Kittamaquund. She was born before 15 Apr 1654, Northumberland County, Virginia, d. 13 Jun 1713, Prince George's County, Maryland - probate (Age > 59 years) ^[1]

1673 Offices

John Fitzherbert was a member of the militia and referred to as Captain in 1672/3 ^[3]

1672 Separation from Mary

On April 26, 1672, Charles Calvert wrote "Major Fitzherbert's brother who maryed the Indian Brent, has civilly parted with her and (as I suppose) will never care to bed with her more; soe that hyour Lordship needs not to feare any ill consequence from that match, but what has already happened to the poore man, who unadvisedly threw himself away upon her in hopes of a great portion which now is come to little." ^[4][1]

1673 Death

Francis Fitzherbert died after 1672 in Calvert County, Maryland. ^[1]

Death of John Fitzherbert

One source states John Fitzherbert died in 1684 in England, but that is not substantiated to my knowledge.

Research Notes

Was John Fitzherbert any relation to a priest?

1659 Fitzherbert, Priest, Creditor to Diniard Estate

Diniard, Thomas, St. Mary's County, 1st Nov., 1659; 28th Dec., 1659.

• To Henry Thomas, son of Robert Thomas, Thomas Thomas 2 child., Charles Delahey, Arthur Delahey, John Hamon, son of Benjamin Hamon, Furfer Hocker, wife of John Hocker, Thomas Salmon, son of Stephen Salmon, Mary Shipps, wife of Richard Shipps, Vincent Mansell and Rev. Mr. Fitzherbert, (priest), personalty.
• Exs.: WM. Assiter, Chas. Maynard.
• Test: Barth. Philips, Robt. Thomas, Robt. Joyner, David Boing, John Burrows. 1. 82.

Were John Fitzherbert and his wife Mary Brent divorced?

Marshall states they were divorced before 26 April 1672 in Calvert County, Maryland ^[1]

The evidence cited for divorce is the paragraph in a letter from Charles Calvert in 1672 in which Calvert used the term "civilly parted." This would appear most likely a "legal separation", not a divorce, which would typically require an act of the Maryland legislature.

Did Mary Brent Fitzherbert marry Charles Beaven?

The Potters suggest that Mary Brent, after divorcing John Fitzherbert or after his death, then married Charles Beaven. They report, but do not cite, "a single historical reference to "Mary Beaven, widow of John Fitzherbert."

However, on May 20, 1673, Mary Fitzherbert “the daughter of Giles Brent and her husband John Fitzherbert” sold Kent Fort Manor on Kent Island to Richard Moy. Their “address” was listed as “West St. Mary’s Manor.“ Then on 2/26/ 1676, Mary “Fitzherbert” gave a deposition as to the validity of a signature on the will of one John Gittings/Gettings. ^[5]

See The Legend of Mary Brent Beaven for a complete discussion of this theory.]]

Sources

1. ↑ ^{1.0 1.1 1.2 1.3 1.4} Mike Marshall. Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties. Profile for Francis Fitzherbert Accessed 24 November 2021 jhd
2. ↑ Gust Skordas. Early Settlers of Maryland. Baltimore: Genealogical Publishing Company, 1968, page 162
3. ↑ ^{3.0 3.1 3.2} Lois Green Carr. Men's Career Files Rough notes kept by Maryland's Chief Archivest during her career. John Fitzherbert Accessed 26 November 2021 jhd
4. ↑ Excerpt from Charles Calvert to Cecelius Calvert, April 26, 1672, in William Hand Browne, ed., Proceedings of the Council of Maryland: 16y71-1682 (Baltimore: Maryland Historical Society, 1896. Cited by Shawn & Lois Potter, Daughters of Princess Mary Kittamaquund as reported by Roberta Estes at DNA Explained
5. ↑ Shawn & Lois Potter, Daughters of Princess Mary Kittamaquund as reported by Roberta Estes at DNA Explained