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The Will and Testament of Mr. Augusteen Herrman
In The Name of the Holy
Trenity Amen It being Most Certain decreed by God Almighty when and where men to
die but the Hour & Place UnCertain when & where. Wherefore wee must waite
Alwayes In humble readyness upon Gods good will and Pleasure when he Shall Call
us out of this Transitory World into Eternall life & happiness I have thought
itt my duty I owe first to my Creator And then to my Children to Declare this my
Present Writing to be my last Present Will & Testament which I would have after
my Decease Performed in Manner & Condicon as Followeth And first Committing my
Soule to the Merritts of Jesus Christ my only Redeemer and Savior, (And)
And my Body to the Earth from whence it Came I do Appoint my burial and
Sepulchar if I die in this Bay or in Delowar to be in Bohemia Mannor in my
Garden by my wife Johanna Varletts and that a Great Sepulchar Stand shall be
Erected upon our Graves three foot Above Ground like unto a Table with Ingraven
Letters That I am the first Seater & Beginner of Bohemia Mannor Anno dom. 1660 &
dyed &c.-
And doe hereby Give and Bequeath Assigne Transport and Alienate
unto my well Beloved Children, Named Ephraim Georgius, Casparus,
Anna-Margaritta, Judeth and Francina all by the Grace of god Alive att Bohemia
Mannr this Present by Vertue of my Patten of free Denizacon to me and my family
Transported hither bearing date the 14th of january Anno 1660.
All my
land & Possessions which I have and Enjoy within and without the Province of
Maryland unto Bohemia Mannor by Patten to-me to me my heirs and Assignes Bearing
date the 19th of June 1662 as a free Gift and Reward for Publick Service from
the Right Honble the lord Propriatary Caecilus and another Tract of land
Opposite to that In Bohemia River Likewise a Deed of Gift by Patten to me my
heirs or Assignes bearing date the 18th of June 1662 Knowne by the Name of
Hermans Neck (or)
or Middle Neck as Also another Tract of land Taken up
for me and my familyes Rights Transportacon att the North Side of Bohemia back
Creek with an Other Parsell of a hundred Acres up that Account att the head of
Bohemia River on the South Next unto Harmans Neck for a Water Mill, or any other
land and Possessions hereafter with all the Previledges Buildings and Tenements
or Appertainings thereunto Belonging Saveing only and Provided that Shall In
full force and Confirmacon any Parcell or Parcels of the Said land & Possessions
Sould or Given to any Before my Decease any Custom to the Contrary not with
standing. I say otherwise I doe give & Bequeath Assigne transport and Allinate
all the Aforesaid Land and Possessions unto my well beloved Children Aforesaid
In Generall and to every one of the longest liver In Particular declareing them
my lawfull heirs Successors & Assignes to Say Ephraim Georgeus unto the Bohemia
Mannor for him & his Posterity for ever as a Heritatament conforme the English
Laws and Customs and by of Legall Sucesstion from his Body, to his Brother
Casparus & his Posterity from thence to his Sister Anna-Margaritta and so by
want to Judeth & ffrancina or the longest liver and their Posterity that god
Grant may endure for ever. Provided that out of the Said Mannor Land Shall be
given to my Beloved daughters aforesaid at the day of their Marriage (For)
For a Portion three hundred Acres of Good land In Propriety as a free
Release to them and their Bodyly Posterity for ever to every one of them wch is
in being, And further doe declare Casparus my right And lawfull heir Successor.
And Assign'd unto that Tract of land Called Harmans Neck Aforesaid unto him &
his Bodily Posterity for ever Otherwise to the longest liver Aforesaid butt any
other land or Possessions which I have now or hereafter may have I do declare my
Loveing Daughters thereunto to my Right and lawfull heirs Sucessors & Assignes
to Them and their bodily Posterity for ever or by want to the longest liver as
Aforesaid And further: more as Concerning my Moveable Estate with in And wihtout
the Province of Maryland I do Likewise Give And Bequeath all unto my loveing
Children Aforesaid in Generall And to the longest liver In Perticular To Say
first out of the Stock upon Bohemia Mannor there Shall Properly Belong unto
Ephraim Georgeus my Eldest Sonn at the Age of Eighteen years, Six Milch cows,
Six Breeding Sowes, Six Breeding Henns with a Bull a Bore & a Cock for his
Private Stock Next at the Age of Eighteen Years of age there Shall be Delivered
out of the Stock from Bohemia Mannor the like Quantity of Cattle unto Casparus
To Seat and Stock his Middle Except It Should Be Stockt & Seated with the like
Quantity by me Before And at the day of Marriage of My Daughters Aforesaid or at
further within Six Months After there Shall likewise Also be Delivered to every
(one)
one of them the like quantity of Cattle out of the Common Stock
which common Stock as is left by my Decease Shall be Kept Together upon bohemia
Mannor or Middle Neck for the good and Maintenance of my Children in Generall as
Aforesaid untill the Time Aforesaid Under the Possession and Custody of Ephraim
Georgius whom I appoint Ordaine & Constitute with John Browning his Assistant
and Equall Power as Executors or Administrators In trust only Requesting The
Worp.ll Court & Commis.rs. of Baltemore or Afterward Caecill County Chiefly In
Case of Mortality or Absence to Nominate Impower & Ordaine one or Two faithfull
Overseers or Trustees more in the Behalfe of the young:er Orphant to See things
Maneaged & Carried a long in an honest Correspondent way for the good of all the
Children in Generall and every ones Good in Perticular Calling them Every Year
to A Publick Account And Examinacon for to Keep the Plantation or An Other
Plantacon on the Middle Neck on foot for the Mainetanance Educacon, and Support
of my Children in Generall And every ones Bringing up and learning in
Perticular, who highly Commend & Desire by all Possible meanes and Endeavors,
not to Neglect untill the dayes of their Marriage or Competent Age as Aforesaid
Joyning them together and everyone of Them In Particular, to live in the fear of
God Obedient to the law faithfull to the Government and in Brotherly love and
Affection to help assist Comfort (And)
And labour one with another & for
Another to the Glory of Christ & their Salvation & Next for the god of Power
godly Christians & themselves and for that Purpose what horses Mares Servants
Negroes & household stuff Shall be in being after my Decease, Shall Remaine
under the Custody of Ephraim Georgius upo [sic] Bohemia Mannr. for the Generall
good only Provided that so well out of that as Debts Oweing me by my Decease or
Any other Estate Shall well and duely be Paid or Cause to be Satisfied all and
every true debt or Debts to any that Shall Swear in open Court to the
Consideration he Pretends the Debt is oweing for and that no Satisfaction Ever
by them or Others in their Behalfe or Part upon that was Given or Received
Because That Perhaps Sum Ingagements might be out Uncancelled & Demanded Again
as hath been Experienced And this being Accomplished what then by the Blessing
of God & their Endeavour att the time of Age and Marriage Aforesaid Shall Appear
to be of the Clear Estate I would have that every Child Equally Should Enjoy
their Portion thereof but Ephraim Georgius first of all a Double Share out of
every thing for his Paines & Trouble he is to Take About the Rest out of what is
Named in Refference to the Moveable Estate Aforesd. and more Over all my
Moveable & Immoveable (Estate)
Estate In and without the towne &
Province of New York I doe likewise give Alienate and Bequeath unto my Loveing
Children In Generall Aforesaid & to the longest: liver or Livers In Perticular
to be Equally Distributed Amongst them, All Just Debts & Accounts being first
Satisfied thereont, And would have Casparus to Settle his Chiefest liveing there
wth. one or two of the Youngest Girles, That they may have a fair Corespondice
Together Between here and there, Butt Ann Margerita Shall Remaine with Ephraim
Georgius upon Bohemia Mannor Untill the day of his Marriage And for the Said
Estate within and without New Yorke Aforesaid I doe hereby Ordaine Constitute &
Authorize my loveing Brother in Law Mr. Nicholas Varlett and his Sonn & his In
Law Nicholas Bayard with my Sister in law Mrs. Judith Varlett for to be Lawfull
Overseers & Adminstrators there In Trust Untill the Competent Age or Marriage
Aforesaid But if it Should Please God to Call all my Aforesaid Children out of
this world so that none of them or their Bodily Posterity After them Should be
in being Then I doe hereby give Allinate & Bequeath Ordain & Assign All my
Aforesaid Land and Protestations to the Erect:ing of a free School Christianity
Church and a Minestry upon Bohemia Mannr. and the Maintainance for ever ,
Requesting the Worp.ll Comm.rs or Magistrates of Baltemore or Afterward Caecill
County or any other goverment there being to See to that Performance (And)
And Accomplishing thereof. And of the Estate att or About(?) the Province of
New York Toward the Maintenance of a free School there. And so Excepting &
Reserving to my Self dureing my life time In Case of Remarridge more Children or
upon Any other Account or Resolution To alter Disanull Add or Deminish or to
Dispose of itt Otherwise as I Shall See Cause. And Thus leaving this world Pray
to God Etunall life and Happy:ness, And have this with a Good Memory &
Resolution Written and Sealled & the Same Confirmed with my Owne hand & Name and
Rattefied In Open Court in Baltemore County where I desire itt be Recorded for a
Publick Memoriall, this Eight day of November anno Dom. One Thousand Six hundred
Sixty five Stylo Anglio-
Signed Sealed Augusteen Herrman (Seal)
In the
Presence of us -
Godfrey Bayley
Thomas Howell
Source: Inventories,
Accounts, Wills, Etc. 1665-1737, I.s., No. I.K., Folios 7-16, Microfilm Roll
109-5, Hall Of Records
Written: November 8, 1665, Transcribed from Liber
I C N A folio 9, 10, 11, 12 & 13
Additional Comments: I have transcribed this
from my microfilm copy of this will that I located at the Hall of
Records/Maryland Archives. There is no date or anything to show that this was
probated in court, which would explain the dispute over the later will with the
place of his signature cut out or missing...
(1) Herman, Augustine,Bohemia Manor,
27th Sept., 1684;
10th Aug.,
1686.
Will devises that his estate shall be equally enjoyed by
all his children.
Overseers William Dare, Edward Jones, George
Oldfield to look after the estate and protect the entail. Testator sets
forth that he so appoints overseers because his eldest Ephrian has
attached himself to the Labadist faction of religion and is seeking to
persuade his brother Casparus and sisters –– to join him.
Test:
Samuel Wheeler, Robert Kemble, Richard Edmonds, Geo. Oldfield. 4. 228.
Skinner, Robert, Calvert Co., 8th Mch., 1685)
(NOTE: This Will
has been disputed, lacking his signature, and written at a time of
illness)
(2) "The Labadist Communities, New York, Maryland, and
Pennsylvania, 1683-1725. The Labadists were German Separatists, who took
their name from Jean de Labadie, a former Catholic priest. The Labadists
came to America and founded several colonies in New York, Pennsylvania,
and Maryland. One group, near Philadelphia, was known as "The Society of
the Woman of the Wilderness". The community in Maryland, later known as
"Bohemia Manor", was established in 1683. It had a maximum membership of
100 and owned nearly4000 acres of land. The Labadists were religious
mystics who hoped to emulate the early Christian Church communism,
although in Maryland they held slaves. Their administration was in the
hands of a dictator named Peter Sluyter. Soon after his death (in 1722),
the community disbanded and the members melted into the individualistic
American scene."
Transcribed and contributed by a descendant, Katharine Harbury kharbury@comcast.net
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