Thomas Tracey

Thomas Tracey of Mount Calvert Manor in Prince Georges county and Anne Arundel county

Thomas Tracey has left us with a rather long record of his poor financial affairs, but very little information on his family. The information left in the records does not portray Thomas kindly. However, one must reconize that debtors were condemed to jail indefinetely (until a bill for their relief was granted by the General Assembly- the provincial version of bancruptcy) if they were unable to pay their debts. I believe there is adequate evidence to show that he is a relative of Teague Tracey. I suspect he is Teague's brother, but there is no evidence to prove what the relationship was between Teague and Thomas. Thomas first appears in the court records of Prince Georges county as a defendant in a suit for payment of goods he received and exists the state ca. 1704 to escape his debts as documentedin a series of deeds in Anne Arundel county and the preceedings of the Maryland General Assembly.

It is reasonable to assume, from the records of Prince Georges county, that Thomas Tracey was a carpenter by trade, that he was married and had a daughter and son. Unlike the other three Traceys, Thomas does not appear in the early land records of Prince Georges county. However, he was involved in several law suits in early Prince Georges county. One of the more informing lawsuits was a suit against Thomas Tracey by Samuel Stafford merchant for payment of 964 pounds of tobacco for merchandise that Thomas purchased between 2 Sept 1696 and 27 Sept 1696. The suit includes a listing of the goods bought in account by Thomas Tracey. These goods included carpenter tools, woman's apparell and shoes, girl's and boy's gloves, various amounts of cloth and sewing supplies such as buttons. A complete listing of the items is found in Ms. Elise Greenup Jourdan's book, Early Familes of Southern Maryland, Volume 4.

Thomas' first wife died, and the next reference to Thomas is his marriage to Susannah Hawkins on 15 January 1701 in St James Parish, Anne Arundel county. Susannah was the daughter of Walter Carr and had married first John Sivick (also seen as Smick in some records) and secondly Augustine Hawkins. The children of Susannah by Augustine Hawkins are listed in the St James Parish register.

i. Juliathea HAWKINS was born on October 29, 1689. She was baptized on September 25, 1698
ii. Mary Ann HAWKINS was born on September 29, 1691. She was baptized on September 25, 1698
iii. Sarah HAWKINS was born on September 2, 1693. She was baptized on September 25, 1698
iv. Flora HAWKINS was born on August 2, 1695. She was baptized on September 25, 1698
v. Dinah HAWKINS was born on March 8, 1698. She was baptized on August 22, 1698
Susanna was the daughter of Walter Carr Sr and Julitha. Susannah's brother's include Walter Carr Jr. (When Walter Carr Jr. died in 1699, his wife Martha was adminstrix and Augustine Hawkins and a John Willoughby were her securities for the estate bond), Thomas, John and Richard. Susanna

By marrying Susannah, Thomas acquired land in Anne Arundel county, land which Susannah was willed by her first husband, John Sivick, who died without issue. This land, part of the tract called Pascall's Purchase was 200 acres of the 300 acres tract of land originally granted to Edward Selby, surveyed on 24 October 1651 on the west side of Herring Creek. According to the land rent rolls, this land was sold by Selby to George Pascall. George Pascall sold 100 acres of the land to his nephew James Pascall and the remaining 200 acres to William Sivick. William Sivick died intestate and land became that oh his son John. John married Susannah Carr. John Sivick died leaving a will dated 1 Dec 1687 and proved 26 April 1688 leaving all his personal and real property to his wife Susannah including 200 acres on Herring Creek. Shortly after John;s death, Susannah married Augusine Hawkins.

The Deeds

One of the interesting events occurred on 26 April 1703. On that date at the same time and place, Teague Tracey and his wife Mary and Thomas Tracey and his wife Susannah executed deeds selling land in Anne Arundel county.

Teague and Mary Tracy sold the 100 acres tract, James his Chance to Abraham Simmons, Anne Arundel county, planter, on 26 April 1703, for L80. The deed was recorded on recorded on 28 July 1703. The land is described in the deed as that parcel called James his Chance, adjacent to the land laid out for James Ogden, to land called Dann, east to main branch of Lyons Creek, called Birkhead's Branch to line of Stephen Benson, to north line of James Hogden containing 100 acres. The witnesses to this deed were: Josia Towgood, Abra. Birkhead, Chr. Vernon. This parcel of land was purchased by Richard James from Robert Paca on 7 March 1669 from a grant of land known as Dan or Dunn . It was described in the deed from Robert Paca to Richard James as lying in the woods between Lyons Creek and the branches of Herring Creek Bay. Thus this is clearly land that Mary obtained from her father's estate, although it is clear that Richard James also owned a second 100 acres tract of land that his widow, Elinor, and her new husband were living on in 1707.

At the same time, Thomas Tracy of Herring Creek, AA Co., carpenter and Susanna,his wife conveyed to Christopher Vernon of Herring Creek, Anne Arundel county, by deed dated. 26 April 1703 for 4200 pounds of tobacco, a parcell of land called Pascall's Purchase on the side of Herring Creek called the West Creek adjacent to the land of Thomas Marsh This deed recites that William Smick purchased the remaining 200 acres of the 300 acre tract Pascall's Purchase . Wm Smick sometime after died intestate, leaving only one son named John Smick heir at law to the 200 acres. John Smick married Susanna Carr daughter of Walter Carr of Herring Creek, and afterward John Smick died without issue, and by his last will and testiment dated December 1687 appointed his wife Susanna, executor and thereby devised unto Susanna all his plantation, containing 200 acres lying in Herring Creek. Susanna, widow of John Smick afterward married Augustine Hawkins. Susanna Hawkins, widow of Augustine Hawkins afterward maried Thos Tracy. Thomas and Susanna are parties to these presents. The witnesses were: Josias Towgood, Abraham Brickhead, Abraham Simmons. The amount of land sold by Thomas and Susannah to Christopher Vernon by this deed was 30 acres.

As the widow Hawkins, Susannah had sold off other parcels of the 200 acres. Eight five acres was sold to John Wilson of Anne Arundel county. Another 40 acres of land was sold to Jonathan Jones. Thus Susannah owned 75 acres when she married Thomas Tracey.

Another deed executed by Thomas Tracy and Susanna his wife granted to Jonathan Jones on 14 June 1704, 21 acres for 21. This tract also has a chain title cited in the deed and indicates that it is taken from Pascall's Purchase and was adjacent to a tract formerly sold to Jonathan Jones by Susanna Hawkins, widow, now wife of Thomas Tracy. At this point Thomas and Susannah have 14 acres left of the 200 acres.

The Disappearance of Thomas Tracey

In the summer of August 1704 things fell apart for Thomas and Susannah. We find in the land reocrds that Thomas Tracy ran away to escape his debts in August of 1704. In addition a resurvey determined that the land described in the deed from Susannah to John Wilson was not completely within the bounds of Pascall's Purchase . There is in the Anne Arundel county land records a lease to Jonathan Jones Anne Arundel county, planter from James Heath, Anne Arundel county. Gent., dated 4 August 1705. This lease provides for a yearly rent 11 payable in London to James Heath : All that plantation and cleared ground situate oh Herring Creek, part of tract called Pascall's purchase, lately in the possession of Thos. Tracy and Susanna, his wife, which Susanna conveyed together with more and to James Heath. Term of lease from feast of all Saints next ensuing, for term of seven years. In land records Book WT 2, p. 267 of Anne Arundel county, there is a deed styled: Thomas Tracy. late Of AA Co. carpenter, and Susanna his wife to James Heath, of Anne Arundel county, Gent., dated 3 April 1705. This deed is only signed by her mark, Susannah Tracy. The deed states that James Heath shall make over to John Wilson all such land as the 85 acres first laid out until the same shall be fully made good and also in consideration of the sum of l0 shillings paid to Thomas Tracy and Susanna, his wife. The deeds recites that the deed is for the remaining part of the tract of 200 acres of Pascalls Purchase not sold, [that is to say soless the 85 acre sold to John Wilson which shall be within the boundaries of Pascalls Purchase, the 40 acres sold to Jonathan Jones, the 30 acres sold to Christopher Vernon and and the 20 acres more or less sold to Jonathan Jones]. The deed goes on to recite the events leading up to the transaction starting with the will of John Smick, late of AA Co., planter, which bequeathed to Susanna, his then wife, 200 acres of land, a tract called pascalls Purchase lying at Herring Creek. Susanna, after the decease of John Smick intermarryed with Augustine Hawkins. Susanna, after the decease of Augustine, sold to John Wilson, AA Co., planter, 85 acres of the said 200 acres. Susanna Hawkins sold to Jonathan Jones 40 acres of land of the sd. 200 acres. Susanna then married Thomas Tracy. Thomas Tracy and Susanna sold to Christopher Vernon 30 acres of the sd. 200 acres of Pascalls Purchase. Thomas Tracy and Susanna sold to Jonathan Jones 21 acres of land of thesd. 200 acres. Upon resurvey lately made of Pascalls Purchase it appears that the sd. 85 acres sold to John Wilson is in part out of the bounds of the sd. tract called Pascalls Purchase. Thomas Tracy having absented himself from his habitation ever since August last, and Susanna being desirus that John Wilson should have satisfaction for the land, she has no other way of doing but by making the same out of the remaining part of Pascalls Purchase. Reference is made to Chancery record Lib. P.C. page 538.

Then recorded in the land records of Anne Arundel county in folio WT 2, liber. 269 is a deed from James Heath, Anne Arundel county, Gent., to John Wilson of Anne Arundel County planter, dated 16 August 1705 and recorded: 1 December 1705. This deed conveyed the remaining part of the said 200 acres of Pascalls Purchase conveyed to James Heath by Susanna Tracy, awarding to him the order of the law decree in Chancery. The deed describes the tract as much of the said 85 acres in the resurvey granted by Susanna {Hawkins) to John Wilson. Susanna, wife of Thomas Tracy, by the name of Susanna Hawkins conveyed on November 10, 1700, to John Wilson 85 acres as part of a tract called Pascalls Purchase lying upon Herring creek. Upon resurvey it was found that the 85 acres is not within Pascalls purchase, but within two tracts belonging to James Heath; part of Heath's Purchase and part of Burrages End. By indenture bearing date of 3 April last past, between Thomas Tracy and Susanna, his wife, of the one part, and James Heath of the other part, the deed being executed only by Susanna, Thomas Tracy having absented himself from the province for Debt, and confirmed my the High Court of Chancery, James Heath conveyed unto John Wilson as much as was run out of the said tract called pascall's Purchase so the 85 acres should be made good.

This should have left Susannah with 14 acres of land, if the original tract had 200 acres. Susannah sold this remaining land in 1709 to help pay for her living expenses. In liber PK, folio 113 of the land records of Anne Arundel county is a deed made on 1 Nov 1709 by Susanna Tracey of Anne Arundel Co, wife of Thomas Tracy, conveying to James Heath of Anne Arundel county, Gentelman, for 4000 pounds of tobacco, all the right which Susanna has or ought to have in the remaining part of Pascall's Purchase, of 200 acres that was not sold to John Wilson, Jonathan Jones, and Christopher Vernon, lying at Herring Creek in Anne Arundel Co. The 200 acres was devised to her by her first husband John Sivick. Signed -Susanna (S her mark) Tracy.
The deed acknowledges reciept of from the within mentioned James Heath the 4000 pounds of tobacco, viz.

Consideration Recieved In pounds Tobacco
of Thomas Croutchly in meat 960
of Mr. Nehemiah Birkhead in bedding and clothing 2490
of Abraham Symons in corn 5 barrels 500
in money 5d 50
The above received from from James Heath, Signed Jan 19, 1709-Susanna (S her mark) Tracy, wit: Abraham Fisher, Thos. Bulter. On Nov 3, 1709 Susanna Tracy acknowledged the within deed before Philemon Loyd, Esq. Just. Provinc.

Acts of the General Assembly of Maryland

As a married woman, Susannah lacked the authority to convey land in which her husband held a cutsey intrest. Therefore the following resolution is found in a act of the General Assmebly of Maryland to confirm Susannahs deeds
The following taken from the Archives of Maryland .

Novr 4th 1709:
Read in the House of Delegates first Time and ordered a second Reading...
The Petition of Susannah Tracey to bring in a Bill for confirming Land to Mr Heath

Saturday the 5th Day of November 1709.

The House met again according to Adjournmt Being calledover all were present as yesterday. Read what was done yesterday. Proceeds to reading the following
Bill confirming Tracey's Land to Mr Heath &ta Read the Time & do pass Read the third Time in the House and past for ingrossingBill confirming Tracey's Release to Mr Heath Indorsed
Novr 1709 Read in Council and past
W Bladen Cl. Co.

Friday 11 th Nov. 1709
The House met again according to Adjournment.
Called over. Were present as yesterday.
Read what was done Yesterday.
The House proceeds to settle the Fees for private Bills &ta
Tobias and John Pollard. To the Honble Speake r 8. 0.
To the Clerk of the House. 4. 0. 0
Daniel Packett To the Honble Speaker --. 10. 0
To the Clerk .5. 0
Colo Holland and others. To the Honble Speaker 10.. 0..0
To the Clerk
Susannah Tracey To the Honble Speaker 10..0
To the Clerk .5..0

Saturday the 27th October 1711
The House met according to Adjournment. Being called over were all present as Yesterday.
Read what was done Yesterday.
Resolved the Act to confirm a Deed or Release Susannah Tracey, to Mr James Heath be reenacted

Thursday the 30th Day of October 1711
The House met according to Adjournment, Being called over were present as Yesterday.
Mr Robert Skinner enters the House
Read what was done Yesterday.
Bill for reviving the Act for Officers ffees Read the first Time and committed for Amendments
Bill confirming Tracey's Deed to Mr Heath Read the Second Time and will pass
Bill confirming Land to Major Hawkins and Henry Wright Read the first and second Time by special Order and will pass
Petition of Mr Richard Bennett Read and Leave given bring in a Bill as prayed
Which being read and approved was sent up to the Council together with the Bills confirming Major John Hawkins and Tracey's Bill to confirm a Deed to Mr James Heath by Mr Worthington, Mr Hill, Mr Whittington and Mr Hicks. They return and say they delivered the same Message and Bills.
Colo Ennalls and Mr Young from the Council enter the House and deliver Mr Speaker the following Message, Which was ordered to be entered upon this Journal Viz.
By the Council in Assembly
October 29th 1711.

Bill to confirm a Release from Susannah Tracey to James Heath. Indorsed 30th Octo. 1711
By the Council &ta Read the first and second Times and will pass
W. Bladen Cl. Council.
Ingrossed Bill confirming Release from Mrs Susannah to Mr James Heath
Ingrossed Bill rectifying a Mistake in the Will of Mr Edwards &ta
Which three Bills were read and indorsed severally November 1st 1711.
Read and assented to by the House of Delegates and
Signed p Order Richd Dallam Cl. H. Del.

2d November 1711
Read and assented to by the House of Delegates and Signed p Order Richd Dallam Cl. Ho. Del.
This ingrossed Bill and the ingrossed Bill for Gauge Tobacco Hhds &ta sent up to the Honble Council by Mr Smallwood and Mr Hicks They return and say they delivered the Bills
Colo Addison enters the House and delivers Mr Speaker three ingrossed Bills Viz.
Bill irnpowering Comrs to lay out Land for the Use of the Nanticoke Indians
Bill confirming a Release from Susannah Tracey to Mr James Heath

9 "An Act confirming and making good and effectual in Law a certain Deed or Release made by Susannah Tracey Wife of Thomas Tracey of Ann Arundel County Carpenter to JamesHeath of Q. Ann's County Gentl.

An Act Confirming and Makeing good and Effectuall in Law, a Acts of 1711, Certain deed, or release made by Susannah Tracey wife of Thomas Tracey late of Ann Arundell County Carpenter, to James Heath ch. 2) of Queen Anns County Gentleman Whereas Thomas Tracey late of Ann Arundeli County Carpenter hath now absented himself out of this province upwards of Seven yeares Leaveing his wife Susannah Tracey with Severall Small Children in a very poor Condition without makeing any for, or Sending any assistance to her the said Susannah, nor doth she know in what Countrey the said Thomas now is And whereas John Sewick the first husband of the said Susannah by his Last will and Testament devised to her and her heires, for Ever, two hundred acres of Land, part of a tract of Land Called Pascalls purchase, Lyeing at herring Creek in the said County of Ann arundell And whereas for good and Valuable Considerations made to the said Susanna by James Heath now of Queen Ann's County, and late of Ann Arundell County afd Gentleman, as well in discharging her of a bond, which she had Entred into before her marryage with the said Thomas Tracey to One John Wilson for which she was sued, since the departure of the said Thomas Tracey, as in paying to her the said Susannah three thousand pounds of Tobacco, She the said Susannah Conveyed and made over all her remaining part by her unsold to the said John Wilson to Jonathan Jones and to Christopher Vernon to the said James Heath his heires and Assignes for Ever, And whereas the said Susanna for and in Consideration of the frther Sum of four thousand pounds of tobacco to her paid by the said James Heath, bath by Indenture bearing date the first day of November one thousand Seven hundred and nine, Acknowledged before Philemon Lloyd Esquire one of her Majtys Justices of the provl Court of this province the third day of the same month, Remised, Released and for Ever quitt Claimed all the right. which she Liber LL, 4 the said Susannah hath or ought to have, to the said Remaining part Acts of the said Land unsold as afd to the said James Heath his heires and assignes, and for that the said Indenture, or deed of release being Executed by the said Susannah whilst under Coverture, will not bar the said Thomas Tracy nor the heires of the said Susanna from haveing and Clayming the said Lands and premises, she humbly petitioned this generall Assembly that it might be Enacted. And be it Enacted by the Queens most Excellent Majty by and with the advice and Consent of her Majtys President, Councill, and Assembly of this Province and the authority of the same, that the said Indenture or deed of release, Enrolled in the County Court records of Ann Arundell shall according to the purport, true Intent and meaning thereof Enure and take Effect, and be as good and Availeable in Law, to all Intents, Constructions, and purposes As if the same Thomas Tracy had Joyned in the said deed, with the said Susannah in the Legall Execution thereof, as good an Estate in fee Simple as the said Thomas and Susanna Could have made them, notwithstanding the said Susannah being under Coverture hath made, and Executed the said release in her own name onely, And shall not Only for Ever barr the said Susanna her heires and Assignes, but also the said Thomas Tracy and all Clayming from by or under him, from all and Every the Land in the said Release Expressed or mentioned, or Intended to be there Expressed or mentioned, And all the Rents Issues and Proffitts of the same, any Law Statute Useage or Custome, or Coverture of the said Susanna to the Contrary, not wthstanding. And be it also enacted by the authority, advise and Consent afd that the said four thousand pounds of tobacco paid or to be paid to the said Susannah by the said James Heath, shall not be Lyable to any attachmt or other process whatsoever for or upon Account of any debt, or oweing from the said Thomas Tracy, but shall wholly be to the use and benefitt of the said Susanna towards the relieveing and supporting her and her Children any Law Statute Usage or Custome to the Contrary notwithstanding

Thomas Tracey Witnesses a Deed in Annapolis in 1710

At this point Thomas Tracey appears to have long fled the county and possibly the province of Maryland. However, there is one very curious deed.

A deed from James Smith and Susannah his wife, of Anne Arundel county, planter to Amos Garrett of Anne Arundel county, merchant, dated 14 June 1710, and filed 14 June 1710 for a tract of land on the north side of Ann Arundel River [Severn river] containing 250 acres sold for 34.00.03 which was witnessed by John Blackmore, Thomas Tracey, Maren DuVall and Jno Haye.

Who is the Thomas Tracey who signed this deed? From the acts of the legislature, it seems that Susannah had not seen Thomas, her husband since 1704. It is possible that Thomas could have been hidding out in another county, such as Baltimore, out of the reach of the Anne Arundel county Sheriff. However, the records indicate that he was believed to have left the province.

Issue of Thomas Tracey

From the suit against Thomas Tracy in 1696 for payment of goods, it is inferred that Thomas had at least a son and daughter (or possibly step children) at that time. The act of the general assembly notes that Susannah Tracy had several small children, In 1709 her children by Augustine Hawkins would range in age from 20 years to 10 years. I believe that there is an inference that there were children of Thomas and Susanna.

It it claimed that Thomas and Susanna had at least one daughter, for Edward Stevenson of Baltimore Co (b. ca. 1700, d. by 9 June 1760) is said to have married Susanna Tracy (b. ca. 1702-1703), the daughter of Thomas Tracy and Susanna Carr. Robert Barnes' Baltimore County Families 1659-1759 states that a Susannah Tracy was indicted for bastardy in June 1731 in Baltimore county.

One can speculate that some of the Tracy/Traceys in Maryland in the early 1700s with unknown parentage might be descendants of Thomas Tracey. One of these is William Tracey of Prince Georges county, who first appears in the records as the grantee of a deed in 1729. Another story that claims a Tracey presence in the Herring Creek hundred through most of the 18th century is in Historic Sketches of the Tracy-Tanner Families by M. J. Tracy, dated 1915. This text claims that Mathew J. Tracey was the grandson of Nathaniel Tracy. Of Nathaniel Tracy the book says tradition gives as the place of his birth Tracy's Landing on the Chesapeake Bay in Maryland, where his forefathers settled about the year 1640, from the mother country. They claim to be of Scot Irish and English Descent, and were colonized by the Lord Baltimore in the time of their settlement of Maryland. Nathaniel Tracy's father name was William and his mother's name was Nancy.... But to return to the Tracy family at Tracy's Landing, we find that Nathaniel continued to live at this place and made it his home until about 30 years of age (ca. 1773)... . Needless to say, there were no English settlers in Anne Arundel county ca. 1640, the first settlement not occuring until 1650. Additional research is needed to try to determine from the land, probate, and court records if there was an continued presence of the Tracey family in Anne Arundel county after 1711.

Was Thomas Tracey the brother of Teague Tracey?

As discussed above both, Thomas Tracy and his wife Susannah and Teague Tracy and his wife Mary executed deeds in Ann Arundel county on the same date with the same group of persons, and therefore presumably at the same time. There is one other piece of evidence that indicates that Thomas was kin to Teague. That evidence is the inventory of the estate of Teague Tracey. It was a custom of that day (1712) that the valuation of a desceased's estate was made by his largest creditor or some notable persons in the community and that the valuation be certified by someone who was Next to Kin to the deseased. In other words, someone who was close to his family, but could not have been an heir to the estate. In many cases the inventory was certified by in-laws of the deceased. The Inventory of Teague Tracy's estate was signed by Susanna Tracy and Thomas Carr as next of kin. Thus it would seem that Susanna Tracy (the wife of Thomas) was Teague's sister-in-law. Thomas Carr was Susanna's brother.

Return to the Home Page

© Jan 2001 by Lee Garlock
Some of the data on Thomas Tracey in Prince Georges county was brought to my attention by Ms. Elise Greenup Jourdan, who presented material on the Tracey/Tracy family in her book Early Families of Southern Maryland, Volume 4.