Luke Gardiner's will, dated 4 December 1673, proved 12 August 1674 (between which dates he therefore died), and re corded in the old Prerogative Court in Liber No. 1, page 631 (now in the Land Office), and a brief extract of which is in Baldwin's Calendar of Maryland Wills, Vol. 1, page 82, devises a large landed estate in St. Mary's and Charles Counties to his wife, Elizabeth, and 4 sons, Richard, John, Luke and Thomas but if any son change his religion that he be no Catholic” his share to be divided amongst his brothers; and besides other tokens of his strong Catholic feelings, he leaves tobacco (currency) to the priests at Newtown and Port Tobacco, the one living at the Governor's and the one living at the Chancellor's; and he directs that he be buried according to the ceremony of the Holy Catholic Church. At the foot of the recorded will is an entry: "Whereupon the Judge here considereth that there being no Executor in the will named the said Luke Gardiner was dead as intestate and therefore orders Letters to Elizabeth, the widow of said Luke.” This probably does not mean to declare the de vises void, but to relate to the conduct of the administration of the personal estate. Mrs. Elizabeth Gardiner married 2nd Clement Hill, Senior, whose will, dated 17 November 1702 and abstracted in Baldwin's Calendar in Vol. 3, page 107, indicates that she had died before him and left no issue by him. Luke Gardiner was probably buried at the old Newtown Church.

Richard Gardiner, whom his father in his will calls his eldest son and who apparently was then of age, the others being under 18 years, although his father had left him Barberton Manor in Charles County-on the North side of Piscataway Creek and therefore afterwards in the later formed Prince George's County -seems to have chosen a residence in St. Mary's County. He was appointed a “Gentleman Justice” of that County on 30 April 1677 and was re-appointed 8 March 1677/8, 2 August 1679, 13 December 1680 18 and was again commissioned 30 May 1685,19 also and of the quorum 28 April 1686.20

On 6 and 10 September and 7 and 12 November 1681 he appears sitting as a member of the Lower House of Assembly, 21 but on 14 November 1688 the House finds that since the last session a member from St. Mary's County, viz., Mr. Richard Gardiner, has died.22 Between 1678 and 1688 some of the Journals of the Lower House are missing, some are in bad condition and there were frequent prorogations, so that it cannot be determined whether he represented St. Mary's County continuously during that period.

By an act for Advancement of Trade, passed at the OctoberNovember session 1683 he was appointed one of Commissioners to lay out Towns, Ports and other public places in St. Mary's County.28

Richard Gardiner married Elizabeth Weire, daughter of Major John Weire, of (old) Rappahannock County, Virginia. The late Wilson M. Cary, well-known Virginia and Maryland genealogist, communicated to me the following extracts or abstracts from the records of Essex County Court, Virginia: "1672/12/30 George Jones relinquishes all claim to the estate of his wife Honoria, late widow and Executrix of Major John Weire and of her children John and Elizabeth Weire.” "1685/11/9 Will of Mrs. Honoria Jones, widow and relict of Mr. George Jones—sick-To my dau. Margaret Blagg, wife of Abraham Blagg, sole Executrix-that seat or tract of land I purchased of Collo John Vassall S. 8. Rappk River cong. 1195 acres, absolutely at her disposal. To dau. Elizabeth Gardiner my wedding ring, which joyned me and my husband Major John Weire in matrimonie. To son in law Mr. Abraham Blagg 20 sh. to buy a mourning ring. Ditto to my son Mr. Richard Gardiner. To my grandchild Richard Watts (son of John of Washington Parish, Westmd Co.?] 1 silver spoone 1 silver trencher salt. To my grandsons Abraham and Edward Blagg silver ware &c. To grandsons Luke and John Gardiner ditto."

And in the Virginia Historical Magazine, Vol. 4, page 434, there is a reference to a Deed, dated 7 July 1697 of 2502 acres in Richmond County, Virginia, by Elizabeth Gardiner, widow, of St. Mary's County, Maryland, daughter and heiress of John Weire, late of (old) Rappahannock County,24 whose land grants in 1666 had aggregated 6570 acres.

The will of Richard Gardiner, of St. Mary's County, dated 19 April 1687 and proved 1 and 3 December 1687 and 26 January 1687/8, is recorded in the old Prerogative Court Records (now in the Land Office), in Liber G., page 276, and an abstract is in Baldwin's Calendar, Vol. 2, page 19. He devises lands in St. Mary's County and in Charles County (Barberton Manor), and in Virginia (near Rappannock River), to his wife Elizabeth, and his 2 sons, Luke and John. He gives 10 pounds sterling to the priest that officiates at Newtown Chapel 25 and 6 pounds sterling to every other priest dwelling in Maryland. And he mentions his "honored father in law 26 Mr. Clement Hill” and his honoured Uncle” 27 Coll Henry Darnall.

After Richard Gardiner the family does not appear prominently in Maryland political affairs, no doubt because of the growing Protestant supremacy.

EXTRACTS FROM THE CARROLL PAPERS

(Continued from Vol. XV, p. 291.)

Aprill 8th 1774 [249]

Dr Charley

I have yrs of the 4th I realy wish the Officers fees settled on an Equitable footting, but if that cannot be done now I doubt not it's being done in the next session of the House by strong & Proper Resolves Encourage the People to bring Actions agt such officers as may refuse to Issue Process without ready Pay & if such Resolves are Backed by a few Spirited Papers in our Gazette. A few Recoveries will doe the Business: I suppose such Recoveries to be Certain. I wish by a Resolve every Member would Engage not to Pay larger fees than the Proposed Law allows & to Bring Actions agt the non acceptors of such fees; if they are in Earnest the Propriety of such a resolve Cannot be doubted. If you will reconsider my Remarks I believe you will be of

I Opinion the Commissioners did not Exceed their Power, as the inscription is supported by Positive proof, but more of this when

I see you.

Aprill 15: 1774 [250] Dr Charley

I have yrs of the 10th Altho the fees proposed by the Fee Bill may be illiberall yet if the House does not come into the Resolutions mentioned in my last, or Resolutions Similar to them, the Hopes of Setling them by a Law will in Effect be given up by the Lower House & in my opinion Johnson Chase Paca & those you call the Most Sensible part of the House will I believe in the opinion of most men be severely Censured. The good Opinion I have of Johnsons &c Judgement & integrity

& Satisfies me tht the Fees proposed are too Illiberall but it does

а

not Satisfy me that they are not under an Obligation to Support a Measure determined by a Majority of the House. When their not doeing it in the strongest Manner will be attended with the most fatall Consequences to the People they Represent: Pray urge this strongly to thTM, & if I thought my opinion might weigh with thm I would desier you to press it in my name. You say the men who think the fees too much reduced will not Concur in Resolves tht will Have a Tendency to Establish what they think unreasonable But will their not Concurring have an infinitely worse tendency, Vzt to Establish the Insolent pretensions of the Officers & Government. Pray send me a copy of the Certificate of the Trusty Friend from the Patent & a Copy of our Part of the Trusty Friend, it is the Land about Douglasses, on wh I am well informed Phil: Hammond has greatly trespassed. I will Employ R: Davis to try How much. Last Monday I went to see the Soapstone 5 Acres, there is a vast Quantity of it, the whole face of the Hill which is very high, Consists of vast irregular Broken Rocks of Soap Stone, The Piny falls a fine stream runs at the foot of it wh makes the Place very Romantick. I think I shall find stone for the Collums but it is in generall fitter for flags & Paveing, it Lays much as Slate & may be raised in Stones 2 or 3 feet Square & from 2 to 8 or more Inches thick. My journey was some what unfortunate. In my Return I crossed the Piny falls upon a fallen tree, the ford being but indifferent for a Chair. We had the Stallions, they took fright, Broke my Swingle Tree snapped One of my Traces, got to Fighting, flung Will. He says they Bit & trod on Him, they scared Him at least all most out of His Senses. He Hollowed most Vehemently for Help. MT Dorsey who was with me, Ran to His Assistance, the Horses were stopped by the Saplings & Bushes. In short after Having been two or three Hours walking up & downe very Steep High rough Stony Hills we were obliged to Leave the Chair & to foot it to Mi Dorseys wh I think made my Walk tht Day nigh Eight Miles, it agreed well with me, nor did I, as I expected find my self fatigued at night. .