Luke Gardiner

Luke Gardiner (abt. 1622 - bef. 1674)

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Capt Luke Gardiner
Born about in Englandmap
Brother of
Husband of — married [date unknown] [location unknown]
Husband of — married [date unknown] [location unknown]
Descendants descendants
Died before in Canoe Neck, Oakley, St. Mary's County, Marylandmap
Profile last modified 10 Jun 2019 | Created 23 Feb 2012
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Luke Gardiner migrated from England to Colonial America.
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Contents

NOTE

Luke Gardiner was married twice; first to Elizabeth Langworth, daughter of James Langworth and Agatha, and second, after 1662, to Elizabeth Hatton, who was mother of one child, Thomas, who became a Jesuit and died at the College of St Omer in Flanders (now Belgium).

Emigration to America

Luke Gardiner was born about 1622 in England, the son of Richard Gardiner. His parents appear to have settled in Virginia before 1637 at which time Maryland patent records show they moved to Maryland. Richard Gardiner claimed land for transporting himself and his wife Elizabeth Gardiner. He also mentioned two sons: Richard Jr. 21, and John 4; and two daughters - Elizabeth 19, Julian 6. Two servants Elias Beach 23, and Mary Derrick 19 were also mentioned. [1] The family was forced out of Maryland during a period when Puritan rebels took over the colony often known as the plundering time. In 1647 Luke Gardiner returned to Maryland with his sister Julian and made his home in Newtown Hundred in St. Mary's County. By 1650, his sister, Julian, married Richard Lustwick (or Lustick?) who was deceased (but whom she had survived) and his mother, Elizabeth, the wife of Richard, Sr. was also deceased. Richard Lustwick may be the same as Richard Lusthead and Richard Lushead who immigrate d in 1633 [2] (There was also a Richard Lusthead on the Ark and Dove)[3] It appears that Luke Gardiner began his life in Maryland as the servant of the Jesuit mission run by Father Thomas Copley, but he soon began to claim land as a planter.[4]

The first patent records states:

Luke Gardiner demandeth land as due to him for the
 transportation of Richard Gardiner (Luke's father) and his wife
 (Luke's mother), both deceased, for Richard, himself, and John 
Gardiner, his son; Elias Beach, their manservant; Elizabeth and 
Juliana Gardiner, their daughters, and Mary Derrick in Anno 1637 and 
for the transportation of Luke himself and Julian, his Sister, after 
they were forced out Anno 1647 . . and 50 acres and to Richard 
Lustick, Servant to Mr. Copley who married Luke Gardiner's sister 
deceased who survived her said husband. [5]


Luke
 returned to St. Mary's County, MD to find that the manorial rights to
 St Richard's Manor' and Sacaweykitt had been usurped. Luke took 
steps to recover the property and did so on 26 Aug. 1651 when the
 Gov. William Stone received a letter from Cecilius, Lord Baltimore in 
London, England which included the following directive:

'And also to 
pass another grant to Luke Gardiner and his heir (he being the son 
and heir of Richard Gardiner), of the manor of St. Richard's 
containing 1,000 acres which we find was formerly passed by patent to
 said Richard Gardiner and his heirs, by the name of Richard Garnett,
 his name being mistaken in the said grant. . .' [6]

Land

Luke Gardiner claimed land in St. Mary's County under Lord Baltimore's rules of plantation. This usually involved bringing more people into the colony as servants. Gardiner made the following claims.[7]

1652 - 200 acs. called Gardiner's Creek
1652 - 1000 acs. called St. Richards
1653 - 200 acs. called St. Johns

Marriage & Family

He married first to the daughter of James Langworth (no children). Second to Elizabeth Hatton, after 1662.

Major Events

1659-1662 - elected to the Lower House of the General Assembly as burgess representing St. Mary's County[8]
1660 - made a lieutenant in the local militia.[9]
1661 JUN 19 - commissioned justice for St. Mary's County and received subsequent commissions in 1664 and 1666. [10]
1662 SEP 23- conveyed the property of St. Richard's Manor to 
Dr. Luke Barber in exchange for Warbleston Manor [11]
1662 - was an overseer of Thomas Turner's Will. Thomas
Turner of St. Winifred's, St. Mary's wrote his will on 2 Oct 
1662, it was probated on 21 Jan 1663.[12]
1664 - made a Captain in the local militia. He was still serving in 1670.[13]
1671 - was re-elected to the Lower House of the General Assembly as burgess representing st. Mary's County.[14]
1672-1674 - was the Sheriff of St. Mary's County.[15]
1672 APR 26 - As justice, he presided over the court at St. Marys and was styled 'Gentleman Sheriff' in court proceedings.[16]
Luke Gardiner, the sheriff of St. Mary's Co., MD, was charged to 
imprison John Maltby. Gardiner confined Maltby to his plantation, Cannon 
Neck. After Maltby escaped, Gardiner was charged with allowing him to
 make his escape. He was sued for damages but was acquitted.
[17]


During his life, Luke Gardiner was a Catholic. Mass was
 said at the home of Luke Gardiner. 'At the head of St. Clement's Bay
 Father Copley gathered his flock at the hospitable home of Luke
 Gardner. . . [18]

Father: Richard Gardiner b: 29 APR 1592 in Basing, Peckham, Surry,
 England
Mother: Elizabeth Hume b: 1595 in England
 
"Colonial Piscataway",
published @ 1962
The Alice Ferguson Foundation MD-Accokeek
copy in PGCGS library #134 MD-Bowie-Belair
 
In the spring of 1654 a complaint was lodged against Luke Gardner,
"who ... did in a refractory and insolent manner detain Eleanor
 Hatton," niece of Secretary Hatton (a Protestant), "endeavoring to
 train her in the Catholic religion contrary to the will of her mother
 and uncle." Lt. Richard Bankes, who had married Eleanor's widowed
mother, was authorized to go and take the girl from Gardner. (Gardner, 
then or later, was the husband of Eleanor's sister Elizabeth.) 
Gardner, Luke,St. Mary's Co.,4th Dec., 1673; 12th Aug., 1674.
To wife Eliza: execx., home plantation.
To eld. son Richard and hrs., "Barberton Manor," Chas. Co.
To next son John and hrs., part of "St. John's."
To son Luke and hrs., 300 A. of "St. John's," "Hillilee," "Gardner's
Land," St. Mary's Co., and "Grimditch," Chas. Co.
To young. son Thomas and hrs., 800 A. on Piscataway Ck., adjoining
brother-in-law Zacharay Wade's. Child. to be of age at 18 yrs. In
event of death of any child or child. without hrs., survivors to
inherit deceased's portion. Should all die without hrs., wife Eliza:
to inherit all real estate; residue of personalty to be for the Roman
Catholic Church and the poor. In event of death of wife and child.
without hrs., land afsd. to pass to child. of brother-in-law Major
Thomas Brooke, and ? of personalty to goddau. Mary Brooke.
Test: Robt. Carvile, Clement Smith, Eliza: Rider, Richard Lanckford.
1. 631.


William & Edward Cole 1.61 A Mar 24 1674
AdminiStrator/Executor: Luke Gardner,



Capt. Luke Gardner 1.148 I SM #28645
Appraisers: Thomas Brooke, Zachary Wade, Chanreell Henson.


Capt. Luke Gardner 1.111 I SM #123233 (among entries for 1674)
Servants mentioned (at estate): John Singwell, Richard Lanck, William
Hunter (aged 5 years), Elisabeth Cooke.
Servants mentioned (at St Clement's Island), Owen Noone, James French,
William Walker (boy), Paul Pea (boy).
Servants mentioned (at St John's Quarter): James Moody.
Appraisers: Thomas Brooke, Zacharias Wade, William Hatton, Randolph
Henson,
List of debts: Mr. Daniell Clarke, Mr. Robertt Toat, William Simpson,
Mr. John Shanks, John Standley, Mr. George Tule, Francis Johnson, John
Elms.
List of bad debts: Thomas Cakly, Dennis Madear, Mathew Smith and
Thomas Pritchett, Bartholomew Slaghter, Thomas Waters, George Bancks,
Robertt Sampson.
List of debts due by account: John Standley, Mr. John Shancks, Richard
Hort, William Simpson, Thomas Davis, Joseph Furnell, John Robisson,
Thomas Oably, Secretary Calvert, William Cole, Joseph Fowler, Edward
Williams, Edward Connery, Justinian Tennisson, estate of William Cole
and Edward Cole, William Fletcher, Robertt Solomon.
Administratrix: ---- (relict, name not given).
William & Edward Cole 1.61 A Mar 24 1674
AdminiStrator/Executor: Luke Gardner



Gardiner Family
: 
Register of Maryland's Heraldic Families



Lineage: A Justice of Peace for St. Mary's CO., Memb. Of Gen. Assembly
was RICHARD GARDINER, who d-1649. His son, Dr. Luke, b-in Eng.,
demanded lands for the family claiming ST. Richard's Manor. This he
received but during Claybourne's Rebellion with Ingell, LEONARD
CALVERT as well as DR. LUKE GARDINER took refuge in Va. When the peace
was restored LUKE GARDINER claimed lands for his return to Md. From
Va. CECILIUS CALVERT granted this. He named this smaller Plantation
"Sacaweykitt"; this was in 1650. He lived at Newton, a strong Catholic
settlement. LUKE became capt. And Lieut. Of Foot Artil. Of Wiccomake
and Bretton's Bay; he m-ELIZ. HATTON, dau--of RICHARD HATTON, of the
same family as the Secretary, THOMAS HATTON of the province, her
uncle, who came wth him to Md., 1649, she was a protestant and LUKE
GARDINER tried to force her to Catholicism, which she refused, so he
returned her to her uncle THOMAS HATTON, this was a court trial, she
was delighted to be released from him and when he died she married
CLEMENT HILL (Sr.) She had issue by LUKE GARDINER, whose son RICHARD,
became justice, 1677-1686: he married ELIZABETH WEIRE, daughter of
MAJ. JOHN WEIRE of the Rappahanoch River, Va., and his wife, HONORIA
JONES, then RICHARD died 1687. HONORIA JONES WEIRE secondly married
GEORGE JONES.


Dr.Luke Gardiner born abt 1622 who married 1st to a daughter of James
Langworth. The 1st wife died without heirs. he then married Elizabeth
Hatton daughter of Richard Hatton (brother of Secretary Thomas
Hatton)

Editors: Luke Gardner, a freeholder of St. Clement's Manor, was the
son of Richard and Elizabeth Gardner (or Garnett) who immigrated to
Maryland in 1637 with sons, Luke, Richard (then 21 years of age), John
(then age 4), and daughters Elizabeth (then 19) and Julian (then 6).
(Patents 1:17, 25, 38-9, 61-62, 1:167-8, AB&H:60-66) Richard Gardner,
Sr. was deceased by 1651 when his son and heir, Luke Gardiner was "of
St. Richards Manor" (Patents AB&H:206). According to Patents 167-8,
the family immigrated a second time, in 1647 from Virginia, and by
1650 Julian had married Richard Lustwick (or Lustick?) who was
deceased (but whom she had survived) and Elizabeth, wife of Richard,
Sr. was also deceased. Richard Lustwick was probably the same as
Richard Lusthead (Patents 1:20, 37) and Richard Lushead (Patents
ABH:65) who immigrated in 1633 (Gibb and Skorda) See also Richard
Lusthead of the Ark and Dove


Luke Gardner married Elizabeth Hatton, daughter of Richard and
Margaret Hatton, and niece of Thomas Hatton, former Secretary of the
Province. Elizabeth (Hatton) Gardner's sister, Elinor, married (1)
Thomas Brooke and (2) Henry Darnell; and her sister Mary, Zachary
Wade.



Father: Richard Gardiner b: 29 APR 1592 in Basing, Peckham, Surrey,
England
Mother: Elizabeth Hame b: ABT 1595 in England
 Father: Richard Gardiner b: 29 APR 1592 in Basing, Peckham, Surrey,
England
Mother: Elizabeth b: ABT 1595 in England
Marriage 1 dau of James Langworth b: 1623
Married: BEF 1649


Colonial Settlers of St. Clement's Bay, 1634-1780, St. Mary's County,
Maryland, p. 94: "Luke Gardiner was transported to the Provance on
8/9/1637 with Rev. Thomas Copley, S.J." The rest of his family had
come over on another ship and landed one day before. "Luke Gardiner
was completing his education with the Jesuits before joining his
parents in the new colony of Maryland."
[p. 95] "During his lifetime Luke Gardiner maintained four
plantations. The Gardiners, like other Catholic Lords who held
manorial privileges, maintained private chapels on their estates. Mass
was said at the home of Luke Gardiner. 'At the head of St. Clement's
Bay Father Copley gathered his flock at the hospital home of Luke
Gardiner...' [Old Catholic Maryland and Its Early Jesuit Missionaries
by Rev. William P. Teacy, p. 59]."
[p.97] His will make bequests to the pastors of three churches "in
token that I died a Roman Catholic and do desire the prayers of the
Roman Catholic Church."
[p. 97" Luke Gardiner, from various records, appears to be a gentleman
of winning personality and strong character. He was certainly strong
when it came to his Catholic religion. He served in almost every
office in the county. He became a large land holder and a very
well-to-do man by the time of his death."

A chronology of records concerning him is as follows:

1. 1673 Luke, the sheriff of St. Mary's Co., Maryland, was charged to
imprison John Maltby, and Luke confined him to his plantation, Cannon
Neck. After Maltby escaped, Luke was charged with allowing him to make
his escape. He was sued for damages but was acquitted. (Provincial
Court Deeds, Liber MM, ff 146-151, Hall of Records, Annapolis,
Maryland.)

2. 1673: Luke had his home plantation at 'Cannon Neck' near Newton,
Maryland and other land which he owned included Hillilee, Gardiner's
Land and Grimditch. (: Genealogical History of Our Ancestors, page
200, by William Kenneth Rutherford, located at the Arkansas History
Comission, #1 Capitol Mall, Little Rock, AR.)

1672: As justice, he presided over the court in St. Mary's County,
Maryland and was styled 'Gentleman Sheriff' in court proceedings 26
April 1672. (Chancery Records, liber CD, f. 63, Hall of Records,
Annapolis, Maryland.)
:
1671: Luke Gardiner was re-elected to the Lower House of the General
Assembly as burgess representing St. Mary's County, Maryland in 1671.
(Assembly Journal, Liber 1649-1669, ff. 119, Hall of Records,
Annapolis, Maryland.)
1668: Luke was one of the wealthy landowners of Maryland with title of
gentleman. 'St. John's Manor' in St. Mary's County, Maryland was
surveyed for Luke on 28 Aug 1668. (Sidelights of Maryland History,
1913, p. 292.)

1662: Luke Gardiner conveyed the property of St. Richard's Manor to
Dr. Luke Barber in exchange for Warbleston Manor on Sept. 23, 1662.
(p. c. r. bb fol 35). (Across the Years in Prince George's County,
Some County and Allied Families,pg 474, by Effie Gwynn Bowie.)

1662: Luke Gardiner was an overseer of Thomas Turner's Will. Thomas
Turner of St. Winifred's, St. Mary's Co., Maryland wrote his will on 2
Oct 1662, it was probated on 21 Jan 1663. (St. Mary's Co., Maryland
Wills, Book 1, page 169, Maryland Calendar of Wills, From 1635-1685,
Vol. 1, page 23, by Jane Baldwin Cotton.)
1662: Luke Gardiner was re-elected to the Lower House of the General
Assembly as burgess representing St. Mary's County, Maryland in 1662.
(Assembly Journal, Liber 1649-1669, ff. 81, Hall of Records,
Annapolis, Maryland.) During his life, Luke Gardiner was a Catholic
Lords who held manorial privileges, maintained private chapels on
their estates. Mass was said at the home of Luke Gardiner. 'At the
head of St. Clement's Bay Father Copley gathered his flock at the
hospitable home of Lukk Gardner. . . (Old Catholic Maryland and Its
Early Jesuit Misssionaries by Rev. William P. Treacy, page 59.)
1661: Luke was commissioned justice for St. Mary's Co., Maryland 19
June 1661 and received subsequent commissions in 1664 and 1666.
(Council Proceedings, Liber HH, ff. 105, 211, 255, Hall of Records,
Annapolis, Maryland.)
1661: Luke Gardiner was re-elected to the Lower House of the General
Assembly as burgess representing St. Mary's County, Maryland in 1661.
(Assembly Journal, Liber 1649-1669, ff. 81, Hall of Records,
Annapolis, Maryland.)
1660: Luke was commissioned as a lieutenant in charge of a Company of
Foot. The following year he received a commission as captain.
(Genealogical History of Our Ancestors, page 200, by William Kenneth
Rutherford]
1659: Luke Gardiner was elected to the Lower House of the General
Assembly as burgess representing St. Mary's County, Maryland in 1659.
(Assembly Journal, Liber 1649-1669, ff. 80, Hall of Records,
Annapolis, Maryland.)
1651: Luke Gardiner demandeth land as due to him for the
transportation of Richard Gardiner (Luke's father) and his wife
(Luke's mother), both deceased, for Richard, himself, and John
Gardiner, his son; Elias Beach, their manservant; Elizabeth and
Juliana Gardiner, their daughters, and Mary Derrick in Anno 1637 and
for the transportation of Luke himself and Julian, his Sister, after
they were forced out Anno 1647 . . and 50 acres and to Richard
Lustick, Servant to Mr. Copley who married Luke Gardiner's sister
deceased who survived her said husband. (Maryland Patents, Liber 1, f.
65 & 165-167, Hall of Records, Annapolis, Maryland.)
1647: Luke, his sister, Juliana as well as other followers of Calvert
sought refuge in VA during Claiborn's Rebellion. Luke returned to St.
Mary's County, Maryland to find that the manorial rights to 'St
Richard's Manor' and Sacaweykitt had been urusped. Luke took steps to
recover the property and did so on 26 Aug. 1651 when the Gov. William
Stone received a letter from Cecilius, Lord Baltimore in London,
England which included the following directive 'And also to pass
another grant to Luke Gardiner and his heir (he being the son and heir
of Richard Gardiner), of the manor of St. Richard's containing 1,000
acres which we find was formerly passed by patent to said Richard
Gardiner and his heirs, by the name of Richard Garnett, his name being
mistaken in the said grant. . .' (Maryland Patents, Liber ABH, f. 206,
Hall of Records, Annapolis, Maryland.)
1637: Luke Gardiner was transported into the Province of Maryland by
Thomas Copley on 8 Aug. 1637. (Maryland Patents, Liber 1, f. 17, Hall
of Records, Annapolis, Maryland.) He had been in school, was a servent
or apprentice to Thomas Copley in that year as planter.


As indicated above, Luke Gardiner was a stong Catholic. During the
period of Puritan government in the 1650's, he was in trouble for
talking disrespectfully to a councillor; attempting to raise a
Protestant orphan as a Catholic; for neglecting service in the St.
Clement's Manor court; receiving stolen livestock; giving firearms to
Indians; obtaining a patent by collusion; mistreating a servant; and
trespassing on a neighbor's land. His attempt to convert his young
sister-in-law, Eleanor Hatton, to the Catholic faith resulted in in
the following Court order:
1654, St. Mary's Co ., Maryland. "Whereas I am given to understand
that LUKE GARDINER doth in a uncivil refractory insolent manner detain
at his house one Eleanor Hatton, a young girl daughter to the wife of
Lieutenant Richard Bankes and niece to Mr. Thomas Hatton, his Ldps
 Secretary endeavoring (as is probably suspected) to train her up in
the Roman Catholic religion contrary to the mind and will of her said
mother and uncle who have often demanded her of the said LUKE, who
refuseth to return her to either of them. Standing upon an audacious
pemptory terms, the said girl being by her father (brother to the said
Mr. Hatton) a little before his death recommended to the care and
tuition of her said uncle, who had been a gr eat charge about her
transportation and otherwise as he can make appear, the which
unsufferable dealing of the said LUKE GARDINER is (as I apprehend) not
only a great affront to the Government and an injury to the girl's
mother and uncle , but likewise of very dangerous and destructive
consequence in realcon to the peace and welfare of this province.
These are therefore in the Lord's Proper Name to authorize and require
the said Lieutenant Richard Bankes, Commander of N wtowne hundred
either by himself or together with such other of the inhabitant s of
this Province whom he shall require for his assistance herein (and who
are hereby required to be aiding and assisting to him upon this
occasion as they w ill answer the contrary) by force of arms or
otherwise as he shall see cause to seize upon the person of the said
Eleanor Hatton, and to bring her before me and the counsel at St.
Mary's to be disposed of as shall be fit, and in case of her
concealment to search the house of the said, LUKE GARDINER, of any
other p lace within this Province where he the said, Lt. Bankes, shall
suspect she may be hidden so as she may be produced for the purpose
aforesaid. As also to arrest the said LUKE GARDINER and to bring him
likewise before me and the counsel t o answer unto such things as
shall be objected against him by the said Mr. Hatt on either as
Attorney General for his Ldps or on his own behalf and to stand to the
abide the order of court thereupon hereof you are not to fail. Given
at St. Mary's, this 3rd day of April 1654. Signed William Stone

Complete Will

Written: 4 Dec 1673 Probated: 12 Aug 1674


In the name of God amen. I, LUKE GARDINER of St. Mary's County in the
Province of Maryland being in perfect health and memory thanks be to
God, but yet Calling to mind the uncertain Condition of the Transitory
Life Do make ordain and Declare this my Last Will and Testament by
these presents. Revoking annulling and makeing void all wills by me
formerly made whither by word of mouth or in writing.
Imprimis I give and bequeath my Soul unto the hands of Allmighty God
that gave it, and my Body to be Decently buried in the Earth according
to the Ceremonies of the holy Roman Catholic Church believing
assuredly that I shall be Saved by the merits Death and passion of my
Redeemer and Saviour Jesus Christ and that at the General Day of
Judgment my Soul Shall be united with joy Eternally to possess the
Kingdom of Heaven prepared for the Elect and Chosen of Allmighty God.
Item my will is that all those Debts and Duties that I owe in Right or
Conscience to any person or persons whatsoever be well and truly
Satisfied and paid or ordered to be paid in Convenient time after my
Decease.

  • 
Item I give and bequeath unto the Pastor of the Church at Newtown one
Thousand pounds of Tobacco and unto the Pastor of the Church at Port
Tobacco four hundred pounds of Tobacco and unto the Pastor Living at 
the Governors by name Mr. Massey four hundred pounds of Tobacco and 
unto Mr. Carew Living at the Chancellors four hundred pounds of
Tobacco in Token that I died a Roman Catholic and do desire the
prayers of the holy Roman Catholic Church.
  • 
Item I give and bequeath unto my Ever Loving Wife ELIZABETH GARDNER my 
plantation and housing and all that Tract of Land of mine at Canoe
neck for ever and St. Clement's & Land the term of time that I have at 
my Decease in it.
  • 
Item I give and bequeath unto my Eldest Son RICHARD GARDNER all that 
Tract of Land Lying on the north Side of Piscadaway Creek in Charles
 County Called by the name of Barberton Manor & with all the houseing 
thereon to him and his heirs for Ever and likewise one of my horses 
the which my said Son RICHARD GARDNER Shall Choose out of all my Stock 
of horses to him for Ever.
  • 
Item I give and bequeath unto my next Eldest Son JOHN GARDNER all that 
houseing and Land of mine Lying in the Woods in St. Mary's County
 Called St. John's to him and his heirs for Ever. Except three hundred
 acres thereof which I give and bequeath unto my Son LUKE GARDNER to 
him and his heirs for Ever Injoining my Said Son LUKE GARDNER to take 
his said Three hundred acres of Land on the west Side of a main branch 
Running by the Said Tract of Land Called St. John's unto the head of
 St. Clement's Bay but at which End of the Said Land the Said LUKE
 GARDNER please to take it.
  • 
Item I give and bequeath unto my son JOHN GARDNER all my right Title
 and Interest in a tract of Land Lyeing at the head of St. Clement's
Bay Called St. John's Landing to him & his heirs for Ever.
  • Item I give
 and bequeath unto my Son LUKE GARDNER all that Tract of Land of mine
Lying near the head of Chaptico Bay Called Hillilee and the landing by
 Chaptico Bay Called Gardners Landing Containing about two acres of 
Ground with all the Marsh that Lyeth opposite to and bequeath unto my 
Son LUKE GARDNER to him & his heirs for Ever all that Tract of Land of 
mine Called Grimditch with the Land thereunto belonging Situate Lying 
and being in Charles County near Mattawoman.

  • Item I give and bequeath unto my youngest Son THOMAS GARDNER to Him 
and his heirs for Ever all that Tract of Land of mine that Lyeth up 
the branch of Piscadaway Creek the which I have a Warrant to resurvey 
and to make it up Eight hundred acres and likewise my half of a tract 
of Land that is Betwixt my Brother in Law MR. ZACHARY WADE and to him and his heirs for Ever.
  • 
Item my will is that immediately after my Debts that I owe and my 
Legacies aforesaid are paid that then my Ever Loving Wife ELIZABETH
 GARDNER and my fours sons RICHARD, JOHN, LUKE and THOMAS GARDNER make
 Choice of four Sober honest men of their Relations which shall divide 
all my personall Estate whatsoever they Can or may come to the
 knowledge of into five Equall parts all Except that horse afore
mentioned which I have given unto my Son RICHARD GARDNER.
  • 
Item my will is that immediately after the Division of my personall 
Estate as aforesaid that my Ever Loving Wife ELIZABETH GARDNER have 
her fifth of my personall Estate the which I give and bequeath unto
 her for Ever and that my Eldest Son RICHARD have immediately his par t
being the fifth part of my personall Estate so divided as
aforementioned the which I give and bequeath unto him and his heirs
 for Ever.
  • Item I give and bequeath unto my three Sons JOHN GARDNER, 
LUKE GARDNER, and THOMAS GARDNER to Each and Every of them his fifth 
part of my personall Estate aforesaid to them and their heirs for
Ever.
  • 
Item my will is that my Children be not of age until they attain unto 
the age of Eighteen Years and that they be not of age to Sell or give 
any part of parcell of Land until they attain unto the age of twenty 
and five years.
  • Item my Will is that Each of my Sons know his own 
particular Estate but not to possess any part of his Estate until he
 attain unto the age of Eighteen Years and not to dispose of or Sell 
any part of his Land until he attain unto the Age of Twenty five Years 
as aforesaid.
  • Item my Will is that if any of my aforesaid Children 
Should Chance to dye before he attain unto the age of Eighteen Years
 that then his part of Land and goods shall be Equally divided among 
the rest of his brothers which are alive to them and their heirs for 
Ever.
  • Item I do Constitute and appoint my Son RICHARD GARDNER Overseer
 over the Estate of my Son THOMAS GARDNER in the behalf and for the 
profit of him the Said THOMAS GARDNER Until the Said THOMAS GARDNER 
attain unto the Age of Eighteen Years and then the Said THOMAS GARDNER
 to have his Estate in his own possession.
  • Item I do Constitute and 
appoint my Son JOHN GARDNER overseer over the Estate of my Son LUKE
 GARDNER when my Son JOHN GARDNER do attain unto the age of Eighteen 
Years and that then he Oversee and Manage his Said Brother LUKE
 GARDNER'S Estate until his Said Brother LUKE GARDNER Do attain unto 
the age of Eighteen Years and then his Said Brother to have his Estate 
in his own possession.
  • Item my Will is that my Ever Loving Wife 
ELIZABETH GARDNER and my Son RICHARD GARDNER be Guardians over the
 Estates of my Sons JOHN and LUKE GARDNER until my Said JOHN GARDNER 
attain unto the age of Eighteen Years and then the Said JOHN GARDNER 
to have his Estate in his own possession and be Guardian over his 
brother LUKE GARDNER as aforesaid.
  • 
Item my Will is that my three Sons JOHN, LUKE and THOMAS GARDNER be 
kept at School and have Such Education as this Country and their 
Estates afford them Until they Successively attain unto the Age of 
Eighteen years.
  • Item my Will is that if in Case my Eldest Son RICHARD
 GARDNER Should dye before my youngest son THOMAS GARDNER cometh to Age 
that then the next Eldest Son with his Mother shall be guardians over 
the Younger and So Successively and if the Mother and all the Elder 
Brothers should dye before the Younger Come to age Aforesaid then I
Constitute & appoint My Brother in Law Major THOMAS BROOKE to be 
Guardian over the Estate of my Youngest Son until he attain unto the
 age of Eighteen Years.


LUKE GARDNER wrote the following codicil to his will:

  • Item my Will is
 and I Command all my Children that they be obedient to their mother
and to ask her advice in all their undertakings that are of any 
Consequence and of any Difference should arise amongst them that they
 Choose some Sober honest men among their own Relations to End all
 Differences betwixt them that in no ways they go to Law one with 
another.
  • 
Item my will is that if any of my Children before he Cometh unto age 
of Twenty and five years, should prove Irreverent and Stubborn and
 Change his Religion that he be no Roman Catholic that then that part
 of his Land and Goods that doth appear of what I gave him shall be 
divided Equally amongst his Brothers to them and to their heirs for
Ever.
  • Item My will is that if my Sons should Chance all to dye before
 they come to age then I give and bequeath unto my Ever Loving Wife
 ELIZABETH GARDNER all my Land and half the moveables belonging before 
to my Said Children to her for Ever and the other half the moveables 
to be given as followeth (viz) one moiety to the Church the other
 moiety to poor people Such as my said wife shall think Convenient to
 give it unto and if my wife and Children should all be dead before any
 of my Children Shall Come to Age then I give and bequeath all my Land 
aforesaid unto my Brother in Law Major THOMAS BROOKE'S his Children 
and the half of my Moveables unto my God Daughter MARY BROOKE and the 
other half of my Moveables to be divided as followeth (vis) one moiety
 to the Pastor of New Town Church and the pastor of St. Mary's Church
 the other moiety to be Divided amongst poor people to whom the Said
 Pastors Shall See fitt. In Testimony of this my Last Will and
Testament I hereunto put my hand and seal the fourth day of December 
in the year of our Lord God One Thousand Six Hundred Seventy and
 Three. <Prerogative Court Wills LIber 1/631



Luke Gardiner Test. Proc. 6, 263 Elizabeth his wife Administration Bond August 12, 1674 Double value of estate

As no executor named in will, dead as intestate.
Thomas Brooke, Zachary Wade, William Hatton and Randall Hanson or any 2 apprs.
Benjamin Solley or John Stone to swear, Widow unable to travel so far as St. Marys.
Thomas Solley and Benjamin Solley to administer the oath to her.

Nov 11, 1674

Richard Gardner son and heir of Luke exhibits an inventory for his mother.

More time asked as there is one Plantation mofre not brought to the iew of the apprs. yet.

November 14, 1674 Test. Proc. t6, 319-20

Commission Returned

Thomas Notley returnes bond he took of Elizabeth in 200,000 lbs. tob.


Sources

  1. Maryland Patent Records Liber AB&H:77,206
  2. Maryland Patents Liber 1/20, 37 & Liber ABH/65
  3. Maryland Patent Records Liber AB&H:50,60,66,206,226-27,234
  4. Michael Graham, "Meetinghouse and Chapel". Colonial Chesapeake Society pg. 248
  5. Maryland Patents,
Liber 1, f. 65 & 165-167, Hall of Records, Annapolis, MD
  6. Maryland
Patents, Liber
ABH, f. 206, Hall of Records, Annapolis, MD
  7. http://msa.maryland.gov/megafile/msa/stagser/s1400/s1426/g/pdf/54gali-gardi.pdf
  8. Edward C. Papenfuse. A Biographical Dictionary of the Maryland Legislature 1635-1789
  9. Papenfuse, ibid
  10. Council Proceedings, Liber HH, ff. 105 211, 255
  11. MD Provincial Court Liber CR BB/35
  12. Prerogative Court Will Liber 1/169
  13. Papenfuse, ibid
  14. Assembly Journal, Liber 1649-1669 ff 119.
  15. Papenfuse, ibid
  16. Maryland Chancery Records, liber CD/63
  17. Provincial Court Deeds, Liber MM/146-151
  18. Old Catholic Maryland and Its Early Jesuit
 Misssionaries by Rev. William P. Treacy, page 59.

Acknowledgements

On Monday, February 10, 2014 8:08:02 PM UTC-7, William Good wrote: I just came across the thread for this topic on the GEN-MEDIEVAL list from last July. There is a common misconception that Francis Scott Keys & F. Scott Fitzgerald descend from the Hattons of Maryland. They do indeed descend from Richard, son of Luke Gardiner, husband of Elizabeth Hatton (1635-1702), but Richard was Luke Gardiner's eldest son by his first wife Elizabeth Morris who died in about 1663. I have also identified the paternal grandfather of Thomas Hatton, Secretary of Maryland, and his brother Richard. He was William Hatton of Hellesby, Frodsham, Cheshire, who died in 1611.

William Good

http://archiver.rootsweb.ancestry.com/th/read/GEN-MEDIEVAL/2014-02/1392435043

Links with more information

http://msa.maryland.gov/megafile/msa/speccol/sc5000/sc5094/001000/001473/html/sc5094-1473-004.html

http://books.google.com/books?id=PXfeV0D3gVUC&pg=PA249&lpg=PA249&dq=%22edward+cotton%22+the+complete+will+of+%22st+mary's%22&source=bl&ots=175VSKf73C&sig=v6scPATpLzDl5Zm4lpKA3sPPRDU&hl=en&sa=X&ei=Ee13UuSoD4etiQKE9YCAAg&ved=0CE4Q6AEwBjgK#v=onepage&q=gardiner&f=false Great article about Luke Gardiner. Saved to the Genealogy file on the computer in under the Bookmark heading. See tite Luke Gardiner http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=mrmarsha&id=I02053


Misplaced

These text seems to belong on the profile of a Robert Cole who d. 1663 Catholic??1661-1663 (St. Mary's MD Admin. Accts., p. 49-67) The acct of Luke GARDINER, Gent., the sole surviving executor of the will of Robert COLE, late of St. Clements Hundred, in SM, as it stands allowed, by the judge for probate of wills and granting administration after exceptions made by Robert COLE, son and heir of the testator & Ignatius WARREN, who married Mary, the dau of the Testator. The acct. stands charged with all the goods and chattels of the decd, according to an inventory made by sd Robert COLE and left in the hands of the accountant by sd testator at his departure for England, which is as follows… [18 pp of items] … divers sums of tobacco by him deceived, due to sd estate in the year 1662, viz. tobacco recived of: … Richard BENNETT, Colo EVANS, Joseph ALVEY, Matthew ROSE, Richd SHIPPEY, Doctor LUMBROZIO, John SHANK… Capt. COOK for Mary COLE'S passage 4 £ sterling… 1662 [nb: should be 67 or 68?] Tobacco was paid to: Joseph ALVEY for 6 barrels of corn… 1669… Capt. Matthew BARNES for Edward COLE'S passage to England… s/14 Feb 1673. Luke GARDINER. (St. Mary's Administrative Accounts, TLC Genealogy, Miami Beach, 1994, p. 136)??Both Luke GARDINER and the late Robert COLE were freeholders of St. Clements Manor. Luke had married Elizabeth HATTON, daughter of Richard and Margaret HATTON (later wife of Richard BANKS), the niece of Thomas HATTON, Secty of the Province. Robert COLE, son of Jane of Heston, Middlesex, England, by 1652 had married a widow, mother of Francis KNOTT, born 1649 (per 1663 inventory of Robert COLE). By 1668, Joseph ALVEY had had surveyed the tract Knotting in St. Clements Hundred, named after his birthplace, Knotting, Bedfordshire, England.??19 Jul - 9 Oct 1678. St. Mary's Co, MD Chancery Court Proceedings. Clement HILL and Richard GARDNER seated "twelve good and lawfull men" for a jury in the case of the land ownership of John WARREN, they being: Abraham COMBE John NEVITT John HEARD Tho: KINSLEY William COLE Jno FOSSEY John BAILY Mich. RYLY Wm LANGWORTH Ignatius WARREN Robert COLE John BAYLY??This was an Inquisition regarding several tracts of land in New Town Hundred that had been owned variously by John SHERCLIFFE, Henry SPINK, Edward COTTON, John WARREN, John NUNN, William NEWGENT, Richard HILL, William ASSITER and Henry LEE (although not in that order). It is interesting that Ignatius WARREN (h/o Mary COLE, d/o Robert of St. Clements Manor) is on the jury given that it is the determination as to his father's interest in the land that is the question (Edward COTTON having made bequests to both John WARREN and his son, Ignatius).??19 Apr 1687 - 3 Dec 1687. Will of Richard GARDNER, St. Mary's Co. To son Luke and hrs., all lands on both sides of the run. To son John and hrs., "Barberton Manor," Chas. Co. To wife Eliza: and hrs., plantation in Va., and certain personalty during minority of son Luke. To brother Luke, by agreement, "St. John's." To sd. sons, Luke and John, and hrs., residue of land equally. To father-in-law Clement HILL and his wife, to niece and goddau. Eliza: GARDNER, dau. of Luke GARDNER, to Monica, wife of Luke GARDNER, and to priests of Catholic Church, personalty. [p.20] Exs.: Uncle, Col. Henry DARNALL, father Clement HILL, brother Luke GARDNER.. Test: Wm. LANGWOORTH, Jno. HERD, Thos. MATTINGLY, Charles CARLES, Wm. DENT. 4. 276. Maryland Calendar of Wills, Volume 2) SW: LANGWORTH, CARROLL??Richard GARDINER was the son of Luke GARDINER whose wife, Elizabeth HATTON (d/o Richard and Margaret HATTON (Banks) married second Clement HILL, Sr., who married second Ann, daughter of Col. Henry and Elinor HATTON Darnell, the latter also a daughter of Richard and Margaret HATTON (Banks).?



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On 10 Jun 2019 at 05:45 GMT William Good wrote:

Luke was married only twice. His first wife was Elizabeth Langworth, the mother of his eldest three sons. His second wife was Elizabeth Hatton, mother of Thomas Gardiner.

On 11 Aug 2017 at 23:31 GMT Seely (Kenny) Foley wrote:

I have made an attempt to organize this profile by adding heading, deleting duplicate information and formating the sources in standard Wikitree format. Some of it is still repetitive. I got tired of working on it. I apologize if I've offended anyone who's worked on this. This is an important early settler of Maryland and I think we should make sure this is correct.

On 9 Apr 2016 at 11:08 GMT Hans Gerwitz wrote:

Luke is 15 degrees from Carroll Shelby, 27 degrees from Joan Whitaker and 9 degrees from Henry VIII of England on our single family tree. Login to find your connection.