Fighting Against Enslavement -- The Grandchildren of Mary Molloyd

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Date: [unknown] [unknown]
Location: St. Mary's County, Province of Maryland

Surnames/tags: Molloyd Fisher Beale Slaves

Profile manager: Jack Day

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1 Introduction
2 1678: Mary Molloyd: An Indentured Irish Servant
3 1734: the First Petition for Freedom
- 3.1 John Beale's Slaves
4 1743: the Second Petition for Freedom
5 1782 The Successful Suit
6 The DLAS Databases Entry hosted by UNCG=
7 Annotated Index of all persons named in 1734, 1743 and 1792 Petitions
8 Sources

Introduction

^[1]

This is the narrative of an unusual family with Irish, Asian and African ancestors, who found themselves enslaved in colonial Maryland. They went to court three times and finally succeeded in claiming freedom.

There are two profiles for this narrative:

This profile, Fighting Against Enslavement -- The Children of Mary Molloyd provides a summary of the cases and an annotated list of all the persons named in any of the court cases.
The companion profile, Eleanor Toogood's Petition is intended to be the repositiory for transcriptions of the various court documents involved.

1678: Mary Molloyd: An Indentured Irish Servant

We might never have known about the family of Mary Molloyd but for court records in which her descendants sought their freedom from slavery. ^[2]

Mary Molloyd was brought to St. Mary's County, Maryland in 1678 as an indentured sesrvant of Madam Swearingen, wife of Garrett Swearingen. Later, Major Thomas Beale, a business associate of Garret, assumed Mary Molloyd's indenture. On Beale's plantation was an East India Indian named Peter, who after completing his service to Beale was given the status of a "free mullato." Mary and Peter had a daughter, also named Mary Molloyd.

Thomas Beale was a prominent planter and slave holder in St. Mary's County. One of his slaves named Dick Fisher married the younger Mary Molloyd in a Catholic ceremony. By a 1666 Maryland law, this meant that Mary Molloyd Fisher and her children also became slaves.

When Thomas Beale died, Mary and Dick Fisher moved to the plantation of Thomas' son John Beale in Prince George's County. They had a number of children: Dick, Charles, Henry, Robin, Jack and Ann.

1734: the First Petition for Freedom

In 1734 Ann Fisher, the youngest of the six, entered a Petition for Freedom on the basis that she had a white grandmother. The Petition may be read here. The Court rejected the Petition based on the 1666 Maryland law.

John Beale's Slaves

The following enslaved persons were listed in his estate in 1734:

List of Slaves in Petition 20978201 Eleanor Toogood

(Those marked with asterisk were listed in the estate of John Beale.

Adults

Charles, mulatto male slave

Dick, 2 mulatto male slaves with this name

Frances, black slave, sex not specified

Jack, mulatto male slave*

January, mulatto male slave

Nell, female slave

Maria, female slave, born 1700 (approx 34 years of age in 1734)

Robin, mulatto male slave*

Eleanor Toogood, mulatto female slave

Children in 1734

Hagar, black famale slave, b. 1703 (approx 31 years of age in 1734)*

Moll, mulatto female slave, b. 1721 (approx 13 years of age in 1734)*

Ned, mullatto male slave, b. 1723 (approx 11 years of age in 1734)*

Penny, black female slave,. b. 1724 (approx 10 years of age in 1734)*

Comfort, black female slave, b. 1726 (approx 8 years of age in 1734)*

Sarah: black female slave, b. 1726 (approx 8 years of age in 1734):*

Frank, mulatto male slave, b. 1728 (approx 6 years of age in 1734)*

Ben, black male slave, b. 1730 (approx 4 years of age in 1734*

1743: the Second Petition for Freedom

Nine years later, undeterred, all of the Fisher children joined in a second Petition for Freedom. By then John Beale had separated them onto the plantations of various friends and relatives.

Therefore in the suit the petitioners are lised along with those who "hindred their liberty" and kept them as slaves:

Ann Fisher, born about 1711 (aged about 32 in 1743), kept as slave by Thomas Gassaway, Baltimore Co, Gentleman
Robert Fisher, kept as slave by Thomas Jennings of Anne Arundel County, Gentleman
James Fisher, kept as slave by John Dorsey, son of Caleb Dorsey of Ann Arundel County, Gentleman
Richard Fisher, kept as slave by Richard Dorsey of Anne Arundel County, Gentleman
Mary Fisher, kept as slave by Richard Warfield Junr. of Anne Arundel County, Gentleman
Frances Fisher, kept as slave by Colonell Henry Ridgely of Anne Arundel County
Edward Fisher, kept as slave by Philip Hammond of Anne Arundel County
Charles Fisher, kept as slave by Elizabeth Beale of Anne Arundel County, widow.

The new slaveholders were all connected by marriage to John Beale.

Thomas Gassaway of Baltimore Co, Gentleman. John Beale's wife and Thomas Gassaway's daugher married into Cornelius Howard's family.
Thomas Jennings of Anne Arundel County, Gentleman. Thomas was a nephew of John; his mother Elizabeth Beale was a sister of John Beale.
John Dorsey, son of Caleb Dorsey of Ann Arundel County, Gentleman. Dorsey's brother Richard married John Beale's sister Elizabeth.
Richard Dorsey of Anne Arundel County, Gentleman. Brother of John Dorsey.
Richard Warfield Junr. of Anne Arundel County, Gentleman. His cousin Richard Dorsewy married John Beale's daughter Elizabeth
Colonell Henry Ridgely of Anne Arundel County. Henry's niece Sarah Worthington was married to Basil Dorsey, brother-in-law of John Beall's wife Elizabeth
Philip Hammond of Anne Arundel County. His aunt Mary married Cornelius Howard whose sister Elizabeth was the mother-in-law of John Beale.
Elizabeth Beale of Anne Arundel County, widow of Richard Dorsey.

The 1743 Slave Suit asserts that Mary Fisher was treated as a slave ("unjustly detained") by "John Beale of Ann Arundel County, Gentleman, son of the aforesaid Thomas Beale." The grounds for the suit were that their grandmother, Mary Molloyd, was a white Christian woman from Ireland who had come to Maryland as an indentured servant, and therefore her descendants should be free.

The 1743 Petition for Freedom may be read here.

Note that Mary Molloyd owed service to a Mrs. Vansweringen, and a Mrs. Vansweringen was mentioned in Robert Lee's will.

The lawsuit was unsuccessful.

1782 The Successful Suit

"In 1782/3, Ann Fisher’s daughter Eleanor Toogood petitioned yet again, arguing as the family always had—that they were free by virtue of their descent from a free white woman, Mary Molloyd of Ireland.

"In the new post-Revolutionary legal climate, Eleanor Toogood won her case. Her master appealed, but the court of appeals affirmed the judgment in Eleanor’s favor on the grounds that Eleanor’s grandmother Mary Fisher should have been free after serving her indenture for interracial bastardy. ^[3]

A Remarkable Family

"While the descendants of the East Indian, Peter, and his consort Mary Molloyd based their claim to freedom on Mary’s free white identity, they still retained their memory of Peter’s own ethnic distinctiveness. This multiethnic family had Irish, East Indian, and African heritage, all of which was remembered by the family and the community well into the early national period when Eleanor Toogood filed her petition. Another remarkable thing about this family is their persistence in insisting on their right to freedom in the face of repeated rejections by the Anne Arundel court. Not until the brief window of liberalism in the early national era were they successful. ^[3]

Contextual Observations About Freedom

"It should be noted that a successful freedom petition was good news for many members of the petitioning family, but freedom was not automatic for all. During the rash of petitioning in the late eighteenth century following the butler decision, many petitions resulted in release from slavery for multiple members of the same family. Once one member of a family won a case, the court would generally /P. 97/ uphold all related petitions extant in the same court. Many owners of relatives would drop their opposition after the first case had been won. ^[3]

"However, freedom was heritable only in the maternal line. Family members who descended from a free woman in a male line were out of luck. Furthermore, family members who lived at a distanced had to petition in a different court, and were thus subject to varying decisions. The farther away you had been sold, the less likely it was that you had social connections with white elders who remembered your ancestors and who could “swear you free.” As a consequence, it was common among many families on the Western Shore to have some relatives who were free, and others who were legally enslaved. ^[3]

"Peter, an "East Indian" servant who lived on Lord Baltimore's plantation in St. Mary's County, formed a union with a servant woman from Ireland named Mary Molloyd, resulting the birth of an illegitimate daughter circa 1680. After completing his identure, Peter became "a free molato."(25=Anne Arundel County Judgment Record 1734-1736, 83; 1743-1744, IIL., Cited by Brown.)^[3]

Peter and Mary Molloyd's daughter was also named Mary Molloyd. Under the operative laws regulating interracial bastardy, Mary Jr should have been a sesrvant only until age thirty-one. However, she was ilegally held as a slave past hewr thirty-first birthday by her master, John Beale. While in servitude, Mary Jr married Francis Fisher, a "Negro slave" of Beale's , in a ceremony performed by a Roman Catholic priest. ^[3]

Their daughter Ann Fisher was born circa 1702. She was about thirty-two years old when she petitioned for her fredom from John Beale in the Anne Arundel County court in August 1734. Ann Fisher lost that case. She was sold to Thomas Gassaway of Baltimore County, and in June 1743 she and hewr siblings bgrought another unsuccessful freedom petition in Anne Arundel County court. (26= same as 25) ^[3]

In 1783, Ann Fisher's daughter Eleanor Toogood petitioned yet again, arguing as the family always had -- that they were free by virtue of their descent from a free whie woman, Mary Molloyd of Ireland. In the new post-Revolutionary legal climate, Eleanot Toogood won hewr case. Her master appealed, but the court of appeals affirmed the judgment in Eleanor's favor on the grounds that Eleanor's grandmother Mary Fisher should have been free after serving her indenture for interracial bastardy. (27=Cases in the General Court and Court of Appeals of Maryland 26-31; Catterall, JUdicial Cases, vol 4:49-50. Cited by Brown). ^[3]

The Mystery of William Cumming

It must be noted that one has here a petition for freedom brought a number of slaves against more than a half dozen of the most prominent citizens of Anne Arundel County. For a court to have ruled in their favor would have exhibited an unusual commitment to justice. One hopes that further research might reveal the motivation of William Cumming, the attorney, for taking a suit with such limited prospects. Had the slaves developed resources of their own with which to pay him? Did he take on the case 'pro bono' out of a sense of injured justice? Or did he take it on 'pro bono' for other reason such as to aggravate the other citizens in response to some injury of his own? All of this is can only be speculation at this point.

The DLAS Databases Entry hosted by UNCG=

The Digital Library on American Slavery (DLAS) is hosted by University of North Carolina - Greensboro. It is essentially a database of dsocuments related to slavery. I contains the following entry:

Petition #20978201

Anne Arundel County, Maryland. October 8, 1782. - May 6, 1783.

Court: General

Salutation: To the Honorable the General Court for the Western Shore of Maryland now in Court sitting

Abstract: Eleanor Toogood states that she "is unjustly and illegally deprived of her Liberty and detained in Slavery by Doctor Upton Scott" as she is descended from "a Free white woman and well entitled to her freedom." Toogood requests that Scott be made to answer this petition.

Result: Granted; appealed; affirmed.

Included Documents===

Number of petition pages: 1

Annotated Index of all persons named in 1734, 1743 and 1792 Petitions

The WikiTree convention is that in the absence of any other information, enslaved persons are assigned the surname, or "last name at birth" of the person who enslaved them.

In this index, for ease of identification, married women are alphabetized by their married name, but shown with their maiden name as well.

An objective of this index is to add all material in each entry to the individual profile of the affected person, creating such profiles where necessary. Names where this has been accomplished are marked with an (*) asterisk.

Beale, Comfort. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Girl Comfort aged 1 year subject to Fitts was valued at £12.0.0. ^[4]

Beale, Don. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Boy called Don aged about 4 years was valued at £8.0.0. ^[4]

Beale, Elizabeth Norwood of Anne Arundel County, widow, enslaver of Charles Fisher.^[5]

Beale, Francis. Francis. In 1612 James Beale wrote in his will, I give and bequeath to Richard Goldsmith one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6]

Beale, Frank. On 30 August 1734 when the inventory of John Beale's estate was taken, Mullatoe Frank aged about 6 years was valued at £10.0.0. ^[4]

Beale, Hagar. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Woman called Hagar and Young child was valued at £31.0.0. ^[4]

Beale, James. James Beale, Will signed 17 March 1612/13, proved May 25 1713. I give and bequesth to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6]

Beale, John Owned estate where petitioner Ann Fisher lived in 1734. ^[7] old Mr. Beale. In a quarter on his plantation Mary Fisher once lived. ^[8] John Thackrell's father was his overseer for 11 years on farm near Annapolis. ^[8] Ann Beall said she heard Mrs. Hannah Norwood say that Mary Fisher lived in the family of a Mr. Beale and that she served her time as a servant and was treated as free by old Mr. Beale. ^[9] Named in 1743 petition. ^[5] "An East India Indian who became a free molato after seerving some time to Major Beale of Saint Mary's Couty and after his decease to John Beale, Esq, of this County. ^[10] Named in 1782 Court Case.

Beale, Marera. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Woman called Marera and child was valued at £36.0.0. ^[4]

Beale, Mole. On 30 August 1734 when the inventory of John Beale's estate was taken, Mullatoe Slave called Mole aged about 13 years was valued at £29.0.0. ^[4]

Beale, Nedab. On 30 August 1734 when the inventory of John Beale's estate was taken, Mallatoe Boy called Nedab aged 11 years was valued at £21.0.0. ^[4]

Beale, Possway. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Girl called Possway about 10 years was valued at £19.0.0. ^[4]

Beale, Sarah. On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Girl Sarah aged 1 year was valued at £16.0.0. ^[4]

Beale, Major Thomas was a neighbor and business associate of Garrett Vanswearingen. The court case states that he assumed Mary Molloyd's indenture after Madam Swearingen.^[5] Major Thomas Beale of St. Mary's County -- servant was East India Indian mullato. Came to John Beale Esq of Ann Arundel County. ^[7] Owned Negro Dick, a slave then belonging to Mafjor Thomas Beale of St. Mary's County. ^[8] "An East India Indian who became a free molato after seerving some time to Major Beale of Saint Mary's Couty and after his decease to John Beale, Esq, of this County. ^[10] Major Thomas Beale was a neighbor and business associate of Garrett Vanswearingen. The court case states that he assumed Mary Molloyd's indenture after Madam Swearingen. Born 1667. Named in 1782 Court Case.

Beall, Ann. Francis Rawlings, Ann Beall, and Ann Toogood were the initial witnesses called by Eleanor Toogood when the Petition was initially presented 14 May 1782. ^[11]

Brooke, Robert. Robert Brooke -- Romish priest married Mary Fisher to Negro Dick. ^[7] Negro Dick was a slave then belonging to Major Thomas Beale of St. Mary's County. ^[8] Named in 1782 Court Case.

Chase, Jeremiah Townley was Attorney for Eleanor Toogood. Later Chief Judge of the Court of Appeals. ^[12] b. 1748, Counsel for Petitioner; Prominent Baltimore jurist. Named in 1782 Court Case.

Denton, Vachel. In 1612 James Beale wrote in his will, I give and bequeath to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6]

Dorsey, John, son of Caleb Dorsey of Ann Arundel County, Gentleman, enslaver of James Fisher. ^[5]
Dorsey, Richard of Anne Arundel County, Gentleman, enslaver of Richard Fisher. ^[5] Richard Dorsey, father of Eleanor Hall. ^[13] Plantation was near Thomas John Hammond's place where Mulatto Man lived for a while. ^[8]
Eastindies, Peter. Peter was an “East Indian” servant who lived on Lord Baltimore’s plantation in St. Mary’s County. ^[10] Peter and Mary Molloyd formed a union resulting in the birth of an illegitimate daughter circa 1680 who was also named Mary Molloyd. After completing his indenture, Peter became “a free molato.” ^[3] "An East India Indian who became a free molato after seerving some time to Major Beale of Saint Mary's Couty and after his decease to John Beale, Esq, of this County. ^[10]Father of Mary Molloyd II Named in 1782 Court Case.

Fisher, Ann. Ann, child of Mary Fisher according to Thackrell. ^[8] Annie Fisher, daughter of Mary, died a few months before 1782. ^[13] Mrs. Ann Beall testified that Ann Beall livied and died in a state of slavery. ^[14] Unsuccessfully petitioned for freedom in 1734. Petitioner is now made a slave for life. Petitioner being about 32 years of age (in 1734). ^[7] Ann Fisher was the mother of the present Petitioner, Eleanor Toogood. ^[15] Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9] In 1612 James Beale wrote in his will, I give and bequesth to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6] The petitioner Ann Fisher was about thirty two years of age in 1734. ^[7] Ann Fisher, b. ca 1711 (aged about 32 in 1743), kept as slave by Thomas Gassaway, Baltimore Co, Gentleman ^[10] Granddaughter of White woman who served time in St. Mary's Couty and had petitioner by East India Indian. ^[5] Named in 1782 Court Case.

Fisher, Charles. Charles, child of Mary Fisher according to Thackrell. ^[8] Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9]. Charles Fisher was kept as slave by Elizabeth Beale of Anne Arundel County, widow. ^[5]

Fisher, Dick. Dick, a Negro Man, a Slave then belonging to Mr. Thomas Beale of St. Mary's County was married by Robert Brooke a Priest of the Romish Church to Mary Molloyd. ^[16] Named in 1782 Court Case.

Fisher, Dick. Dick, child of Mary Fisher. according to Thackrell ^[8] Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9]

Fisher, Edward. Edward Fisher was kept as slave by Philip Hammond of Anne Arundel County ^[5]

Fisher, Frances. Frances Fisher, kept as slave by Colonell Henry Ridgely of Anne Arundel County ^[5]

Fisher, Henry. Henry. Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9]

Fisher, Jack, child of Mary Fisher according to Thackrell. ^[8]Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9] On 30 August 1734 when the inventory of John Beale's estate was taken, Mulatto Slave called Jack subject to fitts was valued at £30.0.0. ^[4]

Fisher, James. James Fisher, kept as slave by John Dorsey, son of Caleb Dorsey of Ann Arundel County, Gentleman ^[5]

Fisher, Jenny. Jenny, child of Mary Fisher according to Thackrell. ^[8]

Fisher, Mary Molloyd Mary Fisher. When John Thackrell was a boy, she lived at a Quarter belonging to "old Mr. Beale" near Annapolis. Mulatto. Deemed and reputed to be free as long as Thackrell knew. Cohabited with Mulatto Man. ^[8] This Deponent further saith that Mary Fisher had several children, Robin, Jack, Jenny, Dick, Charles and ann and one or two more Daughters, one he is sure, can't recollect her name, she married Tobias Hale. ^[8] When Elenor Hall was a very small girl she remembered Mary Fisher a "whitish" mulatto woman" who lived at that time at a place belonging to Thomas John Hammond near her father Richard Dorsey's plantation. Kept company with white man named Patterning ^[13] Mrs. Ann Beall testified that she heard Mr. Norwood say that it was proved that Mary Fisher the mother of Ann Fisher was married to a Negro slave. ^[14] Mrs. Ann Beall testified that she heard Mrs. Norwood say that a Mrs. Baker came from St. Mary's County and proved that she saw Mary Fisher the mother of Ann Fisher married to a Negroe slave. ^[14] Petitioner's mother was lawfully married by a Priest of the Romish church one Mr. Robert Brooke to a Negro man named Dick a slave then belonging to Major Thomas Beale of St. Mary's County by which man the Petitioner's mother had the petitioner and several other children. ^[7] Ann Beall knew Mary Fisher the mother of Ann Fisher and she lived as a free woman. ^[9] Ann Beall testified that Mary Fisher was a mulatto and that she ohabited with James Demming a White Man. ^[9] Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9] Ann Beall testified that she does not klnow how long Mary Fisher has been dead nor how old she was when she died. That Mary Fisher lived on a plantation of Mr. Hammonds near Annapolis. ^[9] Mary Molloyd Fisher was the daughter of Irish Mary Molloyd and East Indian Peter. After marrying Richard "Dick" Fisher, she became Mary Fisher, and the mother of the petitioners. ^[10]

Fisher, Mary. Mary Fisher, kept as slave by Richard Warfield Junr. of Anne Arundel County, Gentleman ^[5]

Fisher, Richard. Richard Fisher, kept as slave by Richard Dorsey of Anne Arundel County, Gentleman ^[5]

Fisher, Robert. Robert Fisher, kept as slave by Thomas Jennings of Anne Arundel County, Gentleman. ^[5]

Fisher, Robin. Robin, child of Mary Fisher according to Thackrell. ^[8] Ann Beall testified that Mary Fisher had six children that she knew, viz Dick, Charles, Henry, Robin, Jack and Ann. ^[9]. In 1612 James Beale wrote in his will, I give and bequesth to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6] On 30 August 1734 when the inventory of John Beale's estate was taken, Negroe Man called Robin was valued at £36.0.0. ^[4]

Fisher, Unknown Daughter. Daughter of Mary Fisher, married Tobias Hale, according to Thackrell. ^[8]

Gassaway, Thomas, born 1683, prominent Baltimore County gentleman, enslaver of Ann Fisher, b. ca 1711 (aged about 32 in 1743).^[5]

Thomas Gassaway, born 1683, prominent Baltimore County gentleman, enslaver of Ann Fisher, b. ca 1711 (aged about 32 in 1743).

Goldsmith, Richard. In 1612 James Beale wrote in his will, I give and bequeath to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6] Richard Goldsmith was underage at the time of James Beale's 17 March 1612/13 will. ^[17]

Goldsmith, William. William Goldsmith of the City of Annapolis aged 40 years or thereabouts being first sworn on the holy Evangels of Almighty God disposeth and saith that he knew Hannah Norwood that she was a very ancient Woman and died about three years ago. Swron to in open Court this 20th October 1782. Jac. Jos Hodgkin Ct. ^[18]

Hall, Eleanor Dorsey Eleanor Hall, Deponent, daughter of Richard Dorsey Of full age in 1782. ^[13]

Hall, Tobias. Tobias Hall, married daughter of Mary Fisher, according to Thackrell. ^[8]

Hall, Jenings, Stone, Counsel for Defendant. Named in 1782 Court Case.

Hammond, Philip of Anne Arundel County, enslaver of Edward Fisher. ^[5] Ann Beall testified that Mary Fisher lived on a Plantation of Mr. Hammond's near Annapolis. ^[9].

Jennings, Thomas of Anne Arundel County, Gentleman, enslaver of Robert Fisher.^[5] In 1612 James Beale wrote in his will, I give and bequesth to Richard Goldsmth one Negroe Girl named Ann and if the said Richard dyes before he comes to age than the said Negroe to Vachel Denton. I give and bequath to Thomas Jennings one Negroe named Frances and the Negro boy Robin. In Testimony that the foregoing is a true Extracts from the records of the late Prerogative Office the seal thereof is hereunto fixed this 25 day of February 1712. Thomas Gassaway, Keeper of the Records. ^[6]

Molloyd, Mary Petitioner's (Ann Fisher's) grandmother was a white woman who served her time in St. mary's County who had your petitioner by an East India Indian who became a free mulatto after serving some time to Major Beale in St. Mary's County and after his decease came fo John Beale where she now lives.^[7] Mary Molloyd I Born in Ireland about 1660, transported to Maryland about 1678. Service in St. Mary's County with Madam Swearingen and Thomas Beale. With East Indian Peter Unknown had illegitimate daugher Mary Molloyd II. 1743 Court Case claims she was unjustly detained by Thomas' son John Beale. ^[10] Mary Molloyd, b. say 1664, a servant from Ireland, who following transport to Maryland say 1684, served a portion of her servitude (normally 7 years) in St. Mary's County with Madam Vansweringen and the balance with Thomas Beale, since deceased. By Peter, an East India Indian who lived with Lord Baltimore in the City of St. Mary's, she had a daughter Mary, b. NLT 1690. [Mary Molloyd is not mentioned by Skordas among those who received 50 a after completion of their servitude, and it may be she forfeited this entitlement due to her involvement with Peter.] Mary was apparently treated as a slave ("unjustly detained") by "John Beale of Ann Arundel County, Gentleman, son of the aforesaid Thomas Beale." By Richard Fisher, a Negro slave, Mary had a number of children, the petitioners. Born in Ireland about 1660, transported to Maryland about 1678. Service in St. Mary's County with Madam Swearingen and Thomas Beale. With East Indian Peter Unknown had illegitimate daugher Mary Molloyd II. 1743 Court Case claims she was unjustly detained by Thomas' son John Beale. The suit mentions Mary Molloyd, b. say 1664, a servant from Ireland, who following transport to Maryland say 1684, served a portion of her servitude (normally 7 years) in St. Mary's County with Madam Vansweringen and the balance with Thomas Beale, since deceased. By Peter, an East India Indian who lived with Lord Baltimore in the City of St. Mary's, she had a daughter Mary, b. NLT 1690. [Mary Molloyd is not mentioned by Skordas among those who received 50 a after completion of their servitude, and it may be she forfeited this entitlement due to her involvement with Peter.] Mary was apparently treated as a slave ("unjustly detained") by "John Beale of Ann Arundel County, Gentleman, son of the aforesaid Thomas Beale." By Richard Fisher, a Negro slave, Mary had a number of children, the petitioners.

Norwood, Hannah. Ann Beall said she heard Mrs. Hannah Norwood say that Mary Fisher lived in the family of a Mr. Beale and that she served her time as a servant and was treated as free by old Mr. Beale. ^[9] William Goldsmith of the City of Annapolis aged 40 years or thereabouts being first sworn on the holy Evangels of Almighty God disposeth and saith that he knew Hannah Norwood that she was a very ancient Woman and died about three years ago. Swron to in open Court this 20th October 1782. Jac. Jos Hodgkin Ct. ^[18]

Rawlings, Francis. Francis Rawlings of Ann Arundel County. Aged 63 years or thereabouts at time of deposition. ^[19] Rawlings remembers the Negroe woman named Nell in the possession of Doctor Scott nearly fifty Years ago and that she was always held in slavery during that time by the late John Ross and the said Doctor Scott. ^[19] Francis Rawlings, Ann Beall, and Ann Toogood were the initial witnesses called by Eleanor Toogood when the Petition was initially presented 14 May 1782. ^[20]

Ridgely, Colonell Henry of Anne Arundel County, enslaver of Frances Fisher. ^[5] Gentleman. ^[15] Counsel for Upton Scott.

Ross, John. Mollatoe Girl Nel sold by Richard Goldsmith, gentleman, to John Ross, esq, both of Ann Arundel County, 22 January 17311/2 for L18. ^[21] Rawlings remembers the Negroe woman named Nell in the possession of Doctor Scott nearly fifty Years ago and that she was always held in slavery during that time by the late John Ross and the said Doctor Scott. ^[19]

Scott, Nell. Negroe Nell, living in 1732. Rawlings remembers the Negroe woman named Nell in the possession of Doctor Scott nearly fifty Years ago and that she was always held in slavery during that time by the late John Noss and the said Doctor Scott. ^[19]

Scott, Upton. Gentleman. ^[15] Defendant in Toogood vs Scot. b. 1724. Defendance in cases. Prominent Annapolis Doctor. Named in 1782 Court Case.

Sheilas, Mary Thackrell. Sister Mary Sheilas, sister of John Thackrell, age 70-78 in 1782, born 1704-1712, said Mary Fisher was always free. Knew Mary Fisher and believed she was always free.^[8]

Thackrell, John. John Thackrell, Deponent. Lived Ann Arundel County. Age 60 in 1782, born 1722. Knew Mary Fisher as a boy.^[8] Father was overseer at old Mr. Beale's farm near Annapolis for 11 years. ^[8]

Thackrell, Unknown. Father of John Thackrell -- was overseer for old Mr. Beale near Annapolis for 11 years, did not oversee Mary Fisher, a free woman. Then lived at a place near Annapolis now in possession of Colonel Weems. ^[8]

Toogood, Ann. Francis Rawlings, Ann Beall, and Ann Toogood were the initial witnesses called by Eleanor Toogood when the Petition was initially presented 14 May 1782. Cite error 2; Invalid <ref> tag; refs with no content must have a name (There were two Ann Beall depositions but no Ann Toogood deposition. Could there have been an error in naming one of the depositions?)

Toogood, Eleanor. "Nell" Petitioner. Mollatoe Girl Nel sold by Richard Goldsmith, gentleman, to John Ross, esq, both of Ann Arundel County, 22 January 17311/2 for L18. ^[18] Rawlings remembers the Negroe woman named Nell in the possession of Doctor Scott nearly fifty Years ago and that she was always held in slavery during that time by the late John Ross and the said Doctor Scott. ^[19] Jeremiah Townley Chases was Attorney for Eleanor Toogood. Later Chief Judge of the Court of Appeals. ^[12] born 1730. Plaintiff and apellant in case. Enslaved by Dr. Upton Scott Named in 1782 Court Case.

Vanswearingen, Mary Smith: The Madam Swearingen referred to in the court case. She married Garrett Vanswearingen in 1736 as his second wife, and woulds have assumed Mary Molloyd's indenture when she arrived in 1738. ^[5]

Warfield, Richard Junr. of Anne Arundel County, Gentleman, enslaver of Mary Fisher ^[5]

Weems, Mary Dorsey Miss Mary Dorsey married Colonel Weems.^[8]Colonel Weems married Miss Mary Dorsey. Later possessed place in Annapolis where Thackrell's father had lived. Deceased by 1782. ^[8]

Col. John Weems Colonel Weems married Miss Mary Dorsey. Later possessed place in Annapolis where Thackrell's father had lived. Deceased by 1782. ^[8]

Sources

Citations

↑ Jackson H. Day Maryland Pre-1800 Beall Database. Entry for John Beale (B-ARUNDEL-12) Private Manuscript available from author. Accessed July 16, 2017
↑ Court Slave Records, 17 June 1743
↑ ^3.0 ^3.1 ^3.2 ^3.3 ^3.4 ^3.5 ^3.6 ^3.7 ^3.8 Brown and Simms, To Swear Him Free, p. 96
↑ ^4.00 ^4.01 ^4.02 ^4.03 ^4.04 ^4.05 ^4.06 ^4.07 ^4.08 ^4.09 ^4.10 John Beale. Inventory 1734, page 511
↑ ^5.00 ^5.01 ^5.02 ^5.03 ^5.04 ^5.05 ^5.06 ^5.07 ^5.08 ^5.09 ^5.10 ^5.11 ^5.12 ^5.13 ^5.14 ^5.15 ^5.16 ^5.17 ^5.18 Ann Fisher et al, 1743 Petition
↑ ^6.0 ^6.1 ^6.2 ^6.3 ^6.4 ^6.5 ^6.6 James Beale. Will. p. 511
↑ ^7.0 ^7.1 ^7.2 ^7.3 ^7.4 ^7.5 ^7.6 Anne Arundel Court, 1734, p. 506
↑ ^8.00 ^8.01 ^8.02 ^8.03 ^8.04 ^8.05 ^8.06 ^8.07 ^8.08 ^8.09 ^8.10 ^8.11 ^8.12 ^8.13 ^8.14 ^8.15 ^8.16 ^8.17 ^8.18 ^8.19 ^8.20 ^8.21 Thackrell, Deposition, 510
↑ ^9.00 ^9.01 ^9.02 ^9.03 ^9.04 ^9.05 ^9.06 ^9.07 ^9.08 ^9.09 ^9.10 ^9.11 ^9.12 Ann Beall, Second Deposition, 511
↑ ^10.0 ^10.1 ^10.2 ^10.3 ^10.4 ^10.5 ^10.6 Ann Fisher, 1734 Petition
↑
↑ ^12.0 ^12.1 Toogood, Petition, p. 501
↑ ^13.0 ^13.1 ^13.2 ^13.3 Eleanor Hall, Deposition, p. 510
↑ ^14.0 ^14.1 ^14.2 Ann Beall, First Deposition, p. 510-511
↑ ^15.0 ^15.1 ^15.2 Scott, Exceptions, p. 508
↑ 1734 Judgment, p. 506
↑ James Beale Will Extract, p. 511
↑ ^18.0 ^18.1 ^18.2 Goldsmith, Deposition, p. 511
↑ ^19.0 ^19.1 ^19.2 ^19.3 ^19.4 Rawlings, Deposition, 511
↑ Toogood, Petition, 505
↑ Goldsmith, Bill of Sale, 511

General References

Digital Library on American Slavery (DLAS) Hosted by University of North Carolina at Greensboro. Race and Slavery Petitions. Petition 20978291 Eleanor Toogood's Petition for Freedom

Wilkinson Aaron B. Blurring the Lines of Race and Freedom: Mulattoes in English Colonial North America and the Early United States Republic University of California, Berkeley, Spring 2013. The Fisher-Toogood Family, pp 63-69. Accessed 19 October 2022 jhd </ref> Excellent doctoral dissertation with an entire half dozen page section on the Fisher-Toogood family.

Bibliography of Frequently Cited Works

Anne Arundel Court, August 1734. Judgment Against Ann Fisher" Records Liber J.B.W, folio 831. Certified as Evidence by Defendant in 1782 Petition for Freedom. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0506, page 506 Accessed 18 January 2023.

Beale, James. James Beale, Will, 17 March 1612/13 - May 25 1713. Extract in Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0511, page 511 Accessed 18 January 2023.

Beale, John, Estate: Inventory 1734. Extract in Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0511, page 511 Accessed 18 January 2023.

Beall, Mrs. Ann. First Deposition, 19 October, 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510-511 Accessed 18 January 2023.

Beall, Mrs. Ann. Second Deposition, 19 October, 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510-511 Accessed 18 January 2023.

Brown, Thomas F., and Leah C. Sims. To Swear Him Free"-- Ethnic Memory as Social Capital in Eighteenth Century Freedom Petitions p. 81-97 iln Debra Myers & Melanie Perrault, editors, Colonial Chesapeake: New Perspectives. Lanham, Maryland: Lexington Books, 2006. Page 96 Accessed 27 February, 2015 jhd </ref>

Court Slave Records of Anne Arundel County: Anne Arundel County Judgment Record 1734-6, 83; 1743-4, 11-12

Fisher, Ann. Petition for Freedom. Court Slave Records of Anne Arundel County Anne Arundel County Judgment Records 1703-1765 Judgment Record 1734-6, 83; 1743-4, 11-12

Goldsmith, Richard. Bill of Sale, Goldsmith to Ross. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510 Accessed 18 January 2023.

Goldsmith, William. Deposition, 20 October 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510-511 Accessed 18 January 2023.

Hall, Eleanor. 'Deposition, October 24, 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510 Accessed 18 January 2023.

Heinegg, Paul. J. Free African Americans of Maryland and Delaware: From the Colonial Period to 1810. Baltimore: Genealogical Publishing Company. Second Edition, 2021.

Maryland Court of Appeals, 25 February 1783. Toogood v. Scott. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510-511 Accessed 18 January 2023.

Rawlings, Francis. Deposition, 10th October, 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0511, page 511 Accessed 18 January 2023.

Schweninger, Loren. Race, Slavery and Free Blacks: Petitions to Maryland. (MSC SC 4239) Compiled from Schweninger Collection in Maryland State Archives. msc_sc_4239_m11015-0501 Accessed 18 January 2023.

Scott, Upton, by his attorney. Bill of Exceptions to the Lower Court Ruling. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0508, page 508 Accessed 18 January 2023. . Thackrell, John. 'Deposition, October 9, 1782. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0510, page 510 Accessed 18 January 2023.

Toogood, Eleanor. Petition for Freedom. Toogood v. Scott, Maryland Court of Appeals 25 February 1783. Compiled by Lamar Schweninger from Maryland State Archives records for Race, Slavery and Free Black Petitions to Maryland. msa_sc_4239_m11015-0501, page 501-512 Accessed 18 January 2023.

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