Dr. Patrick Stuart

COL Arnold Elzey wrote his will on Feb 16 1729/30 and it was probated in Somerset Co., MD on Jun 13 1733. In it he left Dr. Patrick Stuart (as Stewart), a land tract near the branches of the Nanticoke River recently sold to him being tract devised by testator Alexander Knox. Stewart was also a witness.

n the Aug 1732 Somerset Court, we see Stewart (as Chirurgion) has been charged with fornification: [His Lordship @ Patrick Stewart] Somerset County Be it remembred that on the fifteenth day of august anno Dom One thousand Seven hundred and thirty two Came into Court before the worshipfull Robert King Esqr and his associates Justices of the Same Court Thomas Bluet Gent who prosecutes for the Lord proprietary and Gives this Court to understand and be Informed that Patrick Stewart of ye said County Chirurgion the tenth day of august in the Year of Our Lord One thousand Seven hundred and thirty one in the County aforesaid and within the Jurisdiction of this Court did Committ fornication with a Certain Ann Maycomb of the County aforesaid Spinster and on the body of the Said Ann then and there did begett a bastard Child to the high displeasure of Almighty God and to the Evill Example of all Others in Such Cases Offending and against the form of the acts of assembly in Such Cases made and provided wherefore the Same Thomas Bluett prays ye advise of the Court in the premisses and that due process of Law thereon against the Said Patrick Stuart to Issue Thereupon Command was Given to the sher of Somerset County that he should take the Said Patrick Steward if to answer &c and afterwards here (to witt) the fifteenth day of august anno Dom One thousand Seven hundred and thirty two Came hereinto Court before the Justices thereof the afd Patrick Stewart in his proper person and had a hearing of the Information aforesaid and was thereupon Instantly demanded how he would acquitt himselfe of the premisses aforesaid above upon him Imposed says that of the premisses aforesaid above upon him Imposed he is noways Guilty thereof and thereof for tryall puts himselfe upon the Country and Thomas Bluett Gent who for his Said Lordship in that part followeth Likewise &c

Thereupon Command is Given to the sher of Somerset County that Immediately he should cause to come before his Lordships Justices ^afd^ twelve &c by whom &c who neither &c to Recognize &c and whereupon the Jurors of that Same Jury by the aforesaid sher being Impannelled who were Called Came to witt John Donelson, William Jones, John Tull Nathaniel Horsey James Tully, Jos Waile, John Outen Benjamin Tull, Isaiah Bredall, George Maglamory Richard Holland & Samuel Dorman who to the Say the truth of the premisses being elected tryed and Sworne upon their Oath did Say that the aforesaid Patrick Stewart is not Guilty of the premisses above as by the Information afd ^above^ against him Supposed whereupon all and Singular the premisses by the Court here seen here and fully understood It is Considered by the Court here ^that the afd^ Patrick Stewart be quitt and Goe thereof without day &c In the Jun 1733 Somerset Court, we see Stewart has sued Mary Porter, executrix of Hugh Porter for monies of 8.17.0 due.: [WB Patrick Stewart @ FA Mary Porter Exrx of Hugh Porter] Command was given to the sher of Somerset County that he should take Mary Porter late of Somerset County widdow Executrix of the testament and Last will of Hugh Porter late of Somerset County planter dec.d if she should be found in his Bailywick and her should safe keep so that he might have her body before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of march then next to answer unto Patrick Stewart Chirurgion of a plea of trespass upon the Case &c and that there of he should not fail &c

And the said Patrick Stewart by William Beckingham his attorney Complains against the said Mary Porter in the plea afd as followeth viz.t Somerset ss Mary Porter late of Somerset County widdow Executrix of the testament and Last will of Hugh Porter Late of Somerset County planter dec.d was attached to answer unto Patrick Stewart Chirurgion of a plea of trespass upon the Case &c

And whereupon the same Patrick by William Beckingham his attorney Complains that Whereas the afsd Hugh Porter in his Life time the Seventh Day of December one thousand seven hundred and thirty one at Som.rst County within the Jurr of this Cor.t was Indebted to the aforesd Patrick in the sum of Seven pounds five Shill.s and one half penny Currt mony of Maryland for Divers Medicines Sold Delivered and Administred to him and services done him at his Especial Instance and Request before that time as by Acc.t herewith in Court produced may appear and so thereof being Indebted the said Hugh Porter in his Life time afterwards to wit the same day and year afores.d at the County aforesaid and within the afsd Jurrisdiction in Consideration thereof upon himself assumed and to the said Patrick then and there did faithfully Promise that he when afterwards he should be thereto Requested he the afs.d sum of seven pounds five shills and one haf penny Currant Mony to the Same Patrick would well and faithfully Content and pay Nevertheless the said Hugh in his life time and the aforesaid Mary since his Death to whom Execution of the Last will and Testament of the Said Hugh was in Due formof Law in Somerset County afs.d Committed the Promise and Assumption aforesaid of the afsd Hugh In Manner and form afs.d made not Regarding but plotting and fraudulently Intending the Said Patrick in that part Craftily and Subtilly to defraud and deceive Neither the aforesaid Hugh in his Life time nor the aforsd Mary Since his Death the aforesaid sum of seven pounds five Shillings and one half penny nor any part thereof to the same Patrick hath paid or him for it in any wise Contented altho the said Hugh in his Life time afterwards to wit the same day and year aforesaid and the afsd Mary since his Death the twenty seventh Day of Octob.r seventeen hundred and thirty two at Som.rst County afs.d and within the afsd Jurisdiction were thereto by the same Patrick Requested but the said Hugh in his life time & the said Mary since his Death the same thereto to do have altogether Refused and the same Mary the same to do still doth Refuse whereby the same Patrick saith ^he is^ worse and hath Damage to the Value of fourteen pounds Currt Mony and thereof he Brings this suit &c John Doe
pro Qur Pledg.s &c &
Richd Roe

(See record for listed of medicines given for years 1730-1732)

Att which Said Next Court to witt the Ninteenth day of June Anno Dom One thousand Seven hundred and thirty three Came againe the Said Patrick Stewart by his attorney afd and the afd Mary Porter Executrix as afd by Francis Allen her attorney Comes and defends the force and Injury when &c and saith that the afd Patrick Stewart his accon afd thereupon against her to have and maintain Ought not because she saith that she hath fully administred all the goods and Chattells which were of the afd Hugh at the time of his death in her hands to be administred and that she hath not goods or Chattells which were of the afd Hugh at the time of his death in her hands to be administred nor had at the day of the Impetration of the Originall writt of the afd Patrick or at any time afterwards and this she is ready to verifie whereupon she prays Judgm.t if the afd Patrick his action afd thereupon against her to have ought &c

And whereupon afterwards the said Mary by her attorney afd Relinquisheth her verification afd by her above alledged and says that she Cannot gainsay the action afd of the afd Patrick nor can she say but that the said Hugh Porter in his Lifetime did assume upon himselfe in manner and form as the afd Patrick above against her hath Complained and as to the damage of the Same Patrick by him by occasion of the premisses in that part Sustained the said Mary saith and confesseth that the afd Patrick hath sustained damages by occasion of the premisses further than his Costs and Charges by him about his suit in that part apposed to Seven pounds five shillings and a halfe penny Currant money ^of Maryland^ and not more to be Levied of the goods and chattels which were of the afd Hugh at the time of his death and when to the hands of her the afd Mary shall happen hereafter to Come to be administred together with his Costs and Charges afd to him adjudged which ye said plft does not gainsay &c

Therefore by Consent of the parties afd it is Considered that the afd Patrick Stewart recover against the afd Mary Porter Executrix of the testament and Last will of the afd Hugh Porter his damages afd to the afd Seven pounds five shillings and a halfe penny Currant money of Maryland by the Same Mary in 230 form afd Confessed as also three hundred and Twenty pounds of tobacco for his Costs and Charges by him about his Suit in that part apposed by the Court here adjudged to be Levied of the goods and Chattells which were of the afd Hugh at the time of his death and which to the hands of the afd Mary hereafter shall happen to come to be administred and ye afd Mary in Mercy &c In the Mar 1737 Somerset court records, we see: Whereas Docter Patrick Stewart had due unto from Somerset County in the Year 1737 for medicines and attendance to Sundry poor objects the sum of thirty one pounds Eleven Shillings and Six pence Curr.t money of Maryland ^as Payment^ which Same acco.t Should been allowed to the Same Patrick Stewart in the Laying of the County Levey Last &a but was omitted.

Patrick married Emma Chapman on 17 Nov 1725 in London, England. (Emma Chapman was born about 1705 in London, England.)

Patrick had a relationship with Ann Macomb.