GENERAL HISTORY - 25
"The forme to bee used in ye Roome of ye oath for ye Jury as the same was delivered in Cort by ye Honobl William Penn vizt."
"You Solemnly promis in ye presence of God & this Cort that you will Justly try & deliver in yor verdict in all cases depending, that shall be brought before you during this session of Court according to evidence, and ye laws of this government to ye best of yor understanding."
"Att the Cort held at Chester for ye County of Chester 27t5 of ye 4th moneth, called June, 1683."
" William Penn, Esqr, Proprietary & Govrnor, prsent.
Jno Symcock - Tho : Brasey}
Willm Clayton - Otto Ernst Cock} Justices
Robt Wade - Ralph Withers } Prsent."
The Grand Inquest.
"James Kennerley,
James Saundrland,
George fforeman,
Neales Lawson,
Jno Cornelius,
Richd Buffington,
Tho : Minshawe,
Jno Harding,
Mons Stawkitt,
Olle Rawson,
George Wood,
Albert Hendrickson,
Hermon Johnson,
Nathaniel Evans,
Robrt Robinson,
Wilim Woodmanson.
Richd flew."
The Jury.
"Jno Blunstone,
Michael Blunstone,
Henry Coleman,
Henry Hastings,
James Browne,
Joshua fferne,
Tho : Cowbourne,
Jno Bartlestawe,
Jno Mynall,
Tho : Worth,
Jno Chyld,
Joseph Phipps."
"Lawrence Carolus by ye Ingagemt of Ja: Saundrlands was to appeare at this Cort, But was called three tymes and appeared not." *
In the case of John Day vs. Henry Reynolds for debt, it appears a balance of four pounds nineteen shillings and twopence was to have been paid in a cow and calf by the 20th of the 2d month last.
" The Jury find for ye Plain, & give him a Cow & Calfe, ye same to be delivd within 7 dayes, or 4th 19. 2d at ye choyce of ye Plaint. or ye value thereof in Porke, Beefe or Corne in ye 8 mo : next, & 40. dam. & costs of Suite."
Administration on the estate of John Hazlegrove was granted to Ralph Withers and Henry Reynolds, an appraisement having been made by James Browne and Joseph Phipps.
"Jno Ward for sundry ffellons, Comitted to ye Custody of ye Sheriffe, & made his Escape with Irons upon him.
"James Saundrlane, upon his Complaynt to ye Cort against ye sd Jo Ward is ordered by the Cort to Receive his owne Goods which were found in ye possession of him ye sd Ward.
"George fforeman alsoe upon his verball Complaynt, is alsoe ordered to receive his goods.
"Whereas Jeremiah Collett hath Treated with Jno Barnes, late of Bristoll in England for 3e service of a Boy named Robt Williams, And declareth that the bargayne was made for six pounds, And ye Boye's Mr was to be at ye charge of Cure of his Legg, which appeares to amount to 71: 12S: The Cort thereupon Judg it reasonable y, the sayd Boy shall serve 4 yeares for satisfying ye same : And y. Boy declareing his willingnesse thereto, The Cort order him to serve 4 yeares.
" Constables Chosen-
"ffor Chichester Liberty, Willm Hewes.
Chester Liberty, Tho : Coubourne.
Derby Liberty, Tho : Worth.
Ammersland Liberty, Willm Cobb.
Concord Liberty, Jno Mendinhall.
" Ordered, That ye Peace makers are to meet ye ffirst fourth day of every moneth."
* At the next court he was cleared by proclamation.
- 4 -
The " peace makers" were a kind of standing board of arbitration, and were appointed by the courts, but their names do not appear in the record.
The next court was held 6th month (August) 22, 1683, at which was tried the case involving the title to Tinicum Island, which had in former times been a subject of litigation. The whole island was given by the Swedish crown to Governor John Printz, by deed of Nov. 6, 1643. His daughter, Mrs. Papegoya, sold it in 1662, to Jost De Lagrange, but received as part payment a bill of exchange, which was protested. After her return from Sweden she instituted a suit for the recovery of the unpaid consideration. The case was taken from the " High Court on the Delaware" to the Court of Assizes at New York, where, on Oct. 2, 1672, a verdict in her favor for three hundred and fifty pounds with costs. The island was now in possession of Andrew Carr and his wife, widow of De Lagrange. The sheriff was ordered to put the plaintiff in possession of the island of Tinicum and the stock thereon in payment of the debt. This not having been fully effected, another order was issued by Governor Andros, Jan. 12, 1675, to Sheriff Edmund Cantwell to complete the business. Mrs. Papegoya next sold the island to Otto Ernest Cock. At this court the case stood thus :
"Arnoldus Delagrange, Plt.} The Plaint. sues & declares
Otto Ernest Cock Deft.} as Heire to Tynnacu.
Island & prmisses."
"John White, Attorney for defendant admits that the plaintiff's father had been legally possessed of the property, but cited the execution in favor of Lady Armgard Prince for balance of purchase money. Abraham Man, attorney for plaintiff, sets forth that at the time of the former trial the plaintiff (who was heir to the Island) was under age, and in Holland, and therefore could make no defense; that he was not even mentioned in the trial, the action being commenced against `one Andrew Carre & Prissilla his wife mistaken in ye Execucon for ye mother of this Plaint. whose mother's name was Margaretta.' "
From the evidence of Nicholas More, secretary, it appears that Cock had recently sold the island to More, but afterwards admitted that his title was not a just one and asked More to give it up, which he did. Israel Helme remembered that the plaintiff's father was to pay six thousand Dutch guilders, and that three hundred were paid ; further, that the said money, equal to three hundred pounds, was to be paid in this country by agreement between Jacob Swanson and plaintiff 's father.
Fop Johnson deposes that on demand being made of the plaintiff's mother for the money she said she could not pay it.
The plaintiff, by attorney, declares he is willing to pay what can be made appear to remain unpaid, but denies the right of defendant to receive it.
"The Jury finde for ye Plaint. and also give him his Costs of Suite and fforty Shillings damage, the Plaint. paying to ye Deft Thirty & seaven pounds & Tenne shillings, according to an agreemt betweene ye Plaint. & Deft produced & Read in this Cort, & alsoe delivering ye Block house & pticulars in ye same agreemt menconed."
It may be observed that this action was commenced in the Upland court June, 1681, but was " referred till next Court by reason that there's noe Court wthout Justice Otto whoe is a party." The agreement referred to between the parties was made prior to -May, 1683. The " brief of title"
26 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
to this island recites a patent from Governor Lovelace, Oct. 1, 1669, to Andrew Carr and Margaret, his wife, who, by in; dorsement on the patent, conveyed the same to Arnoldus De Lagrange, June 20, 1672. Christopher Taylor became the owner Feb. 2, 1684, and partly sold it to Ralph Fretwell. His administrator, Robert Turner, brought suit against Fretwell for £590 17s. 9d. ; the island was seized and sold by the sheriff to Turner, who conveyed it to Taylor's heirs. Israel Taylor, son of Christopher, became the sole owner, and resided thereon till his death, in 1725. Among the jurors at the above trial were Francis Chelsey (Chadsey ?), Robert, Thomas, and Randall Vernon, and John Kinsman.
From the circumstance that several of Penn's letters, written during the winter of 1683, were dated at Chester, it is believed that he resided at that place nearly up to the 10th of March, when his first Council was assembled at Philadelphia. The second Assembly was convened at Philadelphia two days afterwards, and continued its session twenty-two days.
But little was done at this session specially relating to Chester County, except the establishment of a seal, the design of which was a plow.
At the court held Oct. 17, 1683, Robert Taylor appears as a juror, and Edward Eglinton, Richard Crosby, John or George Aston are mentioned. A grand jury of seventeen persons was "Impanelled to Tooke out a Convenient High way leading from Providence to Chester."
Christopher Taylor, having removed from Bucks County and settled on Tinicum, appears as president of the justices holding court 5th month 1st, 1684. William Wood and John Harding also appear as justices for the first time.
"This Cort Considering the necessity of Defraying the Charge of the Cort House and Prison att Chester by a Publicke levie it was ordered that according to the Law in that Case Provided every man Possessed of Lands should pay towards the Levie after the Rate of one shilling for every hundred Acres within this County And every freeman should pay six pence being above sixteen yarn of Adge and not exceeding sixty and every Artificer not Exceeding the aforesd Age of sixty and above sixteen 18. 6d. by the Pole and every servant three pence as also non residence having land in this County and not occupying the same shall pay for every hundred Acres after the rate of one shilling six pence hundred."
"The names of the Collectors nominated to gather the Assesment, viz.:
For Darby, Thomas Worth, Joshua fferne.
Amose Land and Calcoone Hooke, William Cobb, Mons Stakett.
Chichester, Thomas Usher, Jeremy Collett.
Providence, Richard Crosby, Andrew Nelson.
Ridley and in the Woods, James Kenela, Randolfe Vernome."
James Browne was appointed Constablo for Chichester.
" Supervisors Chossen for the High Wayes : from Namans Creeke to Marcus Hooke, alius Chichester, Walter Marten. from Chichester Creeke to Chester Creeke, John Child. from Chester Creeke to Croome Creeke, Robert Taylor.
6, 5, 1684: " Ordered that upon the Complaint of Thomas Waller, Shreife, and Robert Eyre, Clerke, for the non Payment of their fees that Execution be granted to levy the same."
Charles Ashcome is appointed collector for Amos Land and Calcoone Hooke Jonathan Hayes and James Stanfield, collectors " for the Publicke Aid, for Marple" ; Richard Crosby and Edward Carter, for the town of Chester John Minall [Mendenhall] and Thomas King, for Concord and Bethel.
Thomas Person is appointed constable and supervisor for the highways for Marple ; Richard flew, constable for Chester ; Henry Taten, for Amos Land and Calcoone Hooke ; Samuel Bradshaw, for Darby ; Nicholas Nueland, for Concord ; Thomas Nositer, for Providence; John Hendrickson, supervisor for Amos Land and Calcoone Hooke ; Michael Blunston, for Darby.
" Appraisers nominated and Appointed for this County—Thomas Vsher, Jeremy Collett, Joshua Hastings."
" Richard Crosby made his Complaint for want of his Execution against the Estate of George Andrews upon the award of the Peace makers. Ordered that Execution be Granted him."
The Copy of the Peace makers' award on a refferance agreed on at this Cort, held the 14th of the 10th moneth, 1683, between Richard Crosby, Plaintife, and George Andrews, Defendant :
According to the above Order of Cort to us directed wee have seriously Considered the Premisses Between the Plaintife, Richard Crosby, and the Defendant, George Andrews; whereupon wee the Peace makers doe give grant Judge and Allow that the said Defendant George Andrews, his heires and Assignes, shall pay or Cause to be paid unto the said Plaintife, Richard Crosby, or his Assignes, the full and Just sum of eighteen pounds of Lawfull money of this Province att or upon the 20th day of this Instant, December, att the now dwelling house of James Saunderlaine att Chester ; halfe of which said eighteen pounds the said Defendant George Andrews or his Assignes is to pay the said Plaintife Richard Crosby or his Assignes, as aforesaid in ready money as aforesaid; the other halfe in good and merchantable wheate or Rye, att the Comon Markett Price of this River; to which Conclusion wee the Peace makers for this County of Chester have sett our hands att the aforesaid Chester the 17th day of the 10th moneth 1683.
JOHN HASTINS
JOHN HARDING
7, 2, 1684: " Randolfe Vernon was appointed Appraiser for this County in the roome of Thomas Vsher."
"Jeremy Collett in the behalfe of himselfe and the rest of the Appraisers of this County made returne of the Appraisment of William Oborne goods and Lands amounting to the vallue of 1081: 28:6d. bearing date the 20th of the 5th moneth 1684."
Owing to the disputes with Lord Baltimore in regard to the title to the " three lower counties" (now Delaware), William Penn found it necessary to return to England in 1684. He presided in Council for the last time on the 14th of August, and doubtless sailed soon after. He had signed a commission on the 7th of August to his " Trusty & Loveing Friends, Tho : Lloyd, James Harrison, and John Simcock," in which he says, " Not knowing how it may please Allmighty God to deal with me in this voyage," and " that the Administration of ye Government be carefully provided for in case of my Decease before I return or send any other Order or Comissions," I " appoint you Comissioners & Guardians in Governmt to my dear Heir Springett Penn ; of which the ffirst named to preside according to Charter, & in case of ye Decease of my Heir before he comes of Age, then to ye next, successively," etc.
At the court held in December, 1684, " Joseph Cookson was presented by Robert Wade for taking a Wife Contrary to the good and wholesome laws of this Province." He was ordered " to finde security for tenne pounds," but appears not to have been troubled any further about the matter.
GENERAL HISTORY - 27
" Robert Taylor, Supervisor for the High Wayes Presented Thomas Nositer for taming the High way from Providence to Chester." The " Grand Inquest' of seventeen persons was ordered to inspect the matter.
" Margrett Person Complained against her master John Colbert, for his ill usage and beating her Contrary to Law : —Ordered that shee be disposed of for seven pounds."
At the court held 11th month 6, 1684 (January, 1685), an action appears, Justa Anderson vs. Laurentius Carolus and James Saunderlaine, " for weakning and disparaging his Title of Land." The plaintiff had purchased of the said Lasse Carolus his house and land at Upland several years before. Brantie Everts, aged five-and-fifty years, deposed at New Castle, September 5th, that he was present when the sale was made. Evert Alderts testified before Thomas Usher, October 3d, that he was present when Lasse Carolus sold to Justice Anderson " all his Land and Houses on Upland, both whome [home] lotts and woodland," and that Anderson was to give eight hundred guilders for the same. He further stated before Robert Wade, October 8th, that on Monday, the " 6th Instant, Lasse Carolus the Prist, Come to his house In West Jersey" and tried to persuade him " to give him in writting that he had sold unto Justa Anderson butt his house and Hog Stye with the Erfe belonging to ye same In Upland." Edmund Cantwell testified at New Castle, October 18th, that several years before, when he was collector of the duke's quit-rents, he was at Upland and demanded the rent from Lasse Carolus for his land where he lived, and for his house and land in Upland Towne, when he informed the deponent that he had sold the latter to Anderson. " John Grubb, about thirty two years of Age deposes that about four years agoe he had a minde to buy the Woodland lott that Lasse Carolus had in Vpland, being Two hundred Acres, and talking with James Saunderlaine about it he told him that Justa Anderson had already bought the sd two hundred Acres of the aforesd Lasse Carolus, the Sweeds Prist." George Moore deposed, December 23d, that " he heard James Saunderlaine did say, coming into r house of Justa Anderson, yt what thinke you! Lasse Carolus would have sold your land to John Grub had it not been for me."
The verdict was in favor of the plaintiff, with cost of suit and twelve pounds damage ; " upon which ye Defendants make their Appeale to the next Cort of Assize held for this County."
" Richard Ruffington is ordered to Receive the Levies raised for the Cort house and Prison in the Township of Chester."
"Ordered that Richard Ingeloe, Clerke of the Provincial] Councell be satisfied out of the first levies for the Publicke Aid raised in this County."
Randall Vernon and Robert Eyre were ordered to look for a master for Margaret Person that will lay down the seven pounds ordered by the last court to free her from her master.
"Ordered that ye Inhabitance of Concord, Bethell and Chichester doe meet on the 3d day of the next weeke att Henry Renolds to Conferre together how to Provide a maintainance for Miriam Thomson and her Child."
"Ordered, that the Collectors of the Levie for the Cort house and Prison shall be Considered for time and Paines twelve pence in the pound."
Thomas Norbury and Joseph Humphry were appointed collectors of the " Levie for the Cort house and Prison for ye Township of Newtowne." This is the first mention of this township on the records.
12 mo. (Feb.) 3, 1684-5. "Ordered that the Grand Jury have Power to Examine all Weights and measures and that they be sealed according to the Law in that Case Provided."
" Walter ffaucett Tendred seven pounds to lay downe for Margrett Person, being ordered her master Colbert [Calvert], for her freedome from him,—ordered by a former Cort."
At a court held " the 1st third day of r first weeke in ye 1st month, 1684 [-5]," " John Gibbons was Sumoned and att this Cort Presented for selling ye Indians Rum." His fine was remitted. John Mendinghall was guilty of the same offense, " butt upon his Petition remitted."
"Mouns Eusta and the Rest Concerned in the Building of the Prison and Cort House are ordered to receive out of Calcoone Hooke and Amos Land the moneys Assest for that Purpose."
" William Dalbo is ordered to receive for his worke done on the Court House and Prison so much as he can make Appear to be his Due out of the Levies raised for that Purpose in the Township of Darby."
" Ordered that all People that shall make use of the Cort house for sellarage of any goods shall for every Tonne Pay after ye rate of three shillings four Pence a Tonne for any time not Exceeding a weeke; And for what time it shall Continue afterwards, halfe so much."
The date given for the holding of this court is in the style very frequently used for several years after this.
4 mo. 1685. "Samuell Bradshaw, Constable for the last year for Darby made his returne all was well; whereupon Edmond Cartleidge was Elected to serve and Attested for ye Ensuing year."
"Nicho'as Newland Constaple for ye last year for Concord made his returne all was well; whereupon George Stroad was Elected to serve in his steed for the year Ensuing."
Similar entries are frequent after this date. At this court " Abraham Effingall Being Lawfully Convickted for abusing and menacing the majestracy of this County was ordered twenty one lashes att the Publicke•Whipping-Post on his bear Backe, well laid on, and 14 dayes Imprisonment at hard labour in ye House of Correction." This house of correction was probably the prison, as it appears many years later no such building existed as a separate establishment.
Oct. 6, 1685. "Ordered that for Defraying the Publicke Charges of this County a lev.e be raised upon Every hundred Acres of Land taken up and surveyed after the rate of two shillings and six pence for every hundred Acres within this County, And lands taken up by non-residence and soe not Occupied shall pay after ye rate of three shillings nine pence for Every hundred Acres. And that all the male Inhabitance within this County from sixteen to sixty years of Age doe pay after the Rate of two shillings six pence by the Pole Except men servants who shall pay after the Rate of one shilling and three Pence by the Pole and noe more. And that Jeremy Collett, High Sherife of this County be Ordered to levie ye same within three monethes whoe is to be allowed after the rate of one shilling for . Every pound soe levied. It is alsoe further ordered that the Constapies doe forthwith bring in within fourteen dayes after the date hereof the names and Sir names of all the male Inhabitance residing within their severall presincts unto the Cheife Collector, who shall Allow fourteen dayes time after warning given to every Township to bring in their respective Payments to the Towne of Chester. The Collector is further ordered to receive good and merchantable Indian Corne after ye Rate of 2S 8d}
good and merchant ble Wheate at 4 : 6} By the Bushell."
good and merchantable Rye at 3 : 6}
" Robert Cloud had a Passe granted him ito depart this Province, dated ye 26th day of ye 9th moneth, 1685, his Brother Wm Cloud of Concord being his security to safe ye Country Harmlesse."
28 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
A minute of this kind is very rare.
At the next court, in December, the prices allowed for grain were raised to five shillings for wheat, four shillings for rye, and three for Indian corn.
" At a Council held at Philadelphia y' 1st 2d Mo., 1685." Present Thomas Holmes, president, and others.
"Whereas, the Governor in presence of John Symcock and Wm Wood, was pleased to say & Grant That ye bounds of the Countys of Chester & Philadelphia should be as followed, viz. :
" That the bounds should begin at the Mill Creek and slopeing to 3. Welsh Township, and thence to Schoolekill, &c. in obedience thereto and confirmation thereof.
"The Councill having seriously Weyed & Considered the same, have & doe hereby Agree and order that ye bounds betwixt the said Countys shall be thus ; That is to say :
"The County of Chester to begin at ye Mouth or Entrance of Bough Creek, upon Delaware River, being the Upper end of Tenecum island, and soe up that Creek, deriding the said Island from ye Land of Andros Boone & company ; from thence along the several courses thereof to a Large Creeke Called Mill Creek ; from thence up the several courses Of the said creek to a W : S : W : Line, which Line devided the Liberty Lands of Philadelphia from Several! Tracts of Land belonging to the Welsh & other Inhabitance ; and from thence E : N : E: by a line of Marked Trees, 120 perches more or less; from thence N : N : W : by the harford [Haverford] Township 1000 perches more or less: from thence E : N : E : by ye Land belonging to Jno : Humphreis 110 perches more or less ; from thence N : N: W : by ye Land of Jno : Ekley, 880 perches more or less; from Thence Continuing the ye said Course to the Scoolkill River, wch sd Scoolkill River afterwards to be the natural bounds."
"The question was put, whether the aforementioned Creeks, eourses, and lines shall be the bounds betwixt the countys of Philadelphia and Chester according to ye Govrs grant as aforesaid ; Unanimous carried in ye affirmative."
Charles Ashcom had held the office of deputy surveyor for Chester County under the surveyor-general, Thomas Holme, but the complaints against him were so numerous, and a misunderstanding having arisen between him and Holme, the Council were obliged to issue an order prohibiting him from surveying any more lands in Chester County.
By this time the surveys were extended within the present limits of our county in Birmingham, Thornbury, and Westtown. The outlines of " The Welsh Tract" had been run by virtue of the following warrant :0
" Whereas divers considerable persons among ye Welsh Friends have requested me yt all ye Lands Purchased of me by those of North Wales and South Wales, together with ye adjacent counties to ym, as Haverfordshire, Shropshire and Cheshire, about fourty thousand acres, may be lays out contiguously as one Barony, alledging yt ye number allready come and suddenly to come, are such as will be capable of planting yc same much wthin ye proportion allowed by ye custom of ye country, & so not lye in large and useless vacancies. And because I am inclined and determined to agree and favour ym wth any reasonable Conveniency and priviledge : I do hereby charge thee & strictly require thee to lay out ye sd tract of Land in as uniform a manner, as conveniently may be, upon ye West side of Skoolkill river, running three miles upon ye same, & two miles backward,.& then extend ye parallel wth ye river six miles and to run westwardly so far as till ye sd quantity of land be Compleately surveyed unto ym.—Given at Pennsbury, ye 13th 1st mo. 1684." WILL : PENN."
" To Tho : Holmes, Surveyor-General."
In pursuance of this warrant, the surveyor-general, on the 4th of the 2d month (April), 1684, issued an order to his deputy, David Powell, and after reciting it he directs him " to survey and sett out unto the said purchasers the said quantity of land, there, in manner as before expressed, and in method of townshipps lately appointed by the Governor att five thousand acres for a townshipp and to be directed (for placing the villages of each Township and division of the purchasors) by Thomas Lloyd Master of the Rolls who is principally concerned therein, unto whose care and prudence is recommended the ordering and managing of this affair to the content and satisfaction of the said purchasors and make me a true return of the original field work and protracted figures, as well as the distinct quantity of each purchasor, &c."
The survey was made before the end of 1684. Soon after encroachments were made by others within its limits, and particularly by Charles Ashcom, a very troublesome deputy surveyor. In consequence thereof the Welsh inhabitants petitioned to the proprietary's deputies against these intrusions, who, after they had " well weighed the mater, truly considered the case, and rightly understanding the Governors intention in granting the warrant," issued their mandate on the 25th day of the 5th month (July), 1687, forbidding such intrusions, and making void what had been done within the prescribed limits, which are given as follows :
"Beginning att the Schoolkill, thence running W. S. W. by the City liberties 2256 perches to Darby Creek. Thence following up the several courses thereof to New Towne Line, Thence up the said line N. N. W. 448 perches, Thence S. S. W. and by W. by New Towne, 9s8 perches, to a corner post by Crumb Creek, Thence down the several courses thereof 460 perches, Thence W. and by S. by a line of trees 1920 perches, Thence N. N. W. by a line of trees — perches, Thence E. and by N. by a line of trees, 3040 perches, Thence E. and by S. 1120 perches, Thence S. S. E. 256-perches, Thence E. N. E. 640 perches, Thence S. S. E. 1204 perches, Thence E. N. E. 668 perches to the Schoolkill, Thence down the several courses thereof to the place of beginning."
The only draft of the Welsh tract that has been found in the surveyor-general's office does not entirely agree with this survey. The large survey included the townships of Haverford, Radnor, Merion, Tredyffrin, Whiteland, Willistown, Easttown, Goshen, and part of Westtown.
Some complaints having been forwarded to the proprietary, they were noticed in the following instructions to the commissioners of property, Win. Markham, Thomas Ellis, and John Goodson, dated at Worminghurst, 12 month 1st, 1686, and read at a meeting held 3, 13, 1687 :
“4thly And Whereas I formerly granted a Warrt for forty Thousand acers for the Welch people to Lye Contiguous on the west side of Schoolkill and that I am informed Incursions have been mado upon those Lines Contrary to Equity as also that Charles Ashcome Refuses to make Regular Returns to Thomas Hohne, Surveyor Generall or pay him his old dues which was one third from the first of his serveing under him. These are to will and Require you to Look into the same and to do Justice both to the Welch and to the Surveyr-Generall, Charles Ashcome, Promiseing me to pay ye said one third part of the money for survey to the said Thomas Holme and in Case the said Charles Ashcome shall be disorderly or Re-factory you are hereby Impowered to Displace him otherwise to Continue him in his Imploy."
The Welsh settlers not only contemplated having their settlements together, but expected to constitute one municipal district, in order that they might manage their affairs in their own way. They certainly had grounds for this expectation, and consequently when the division line was run between Philadelphia and Chester Counties, through the Welsh tract, and separating the settlements of Radnor
GENERAL HISTORY - 29
and Haverford from those of Merlon, it gave rise to much dissatisfaction.
In 1688, William Markham forwarded the following petition to the proprietary :
" Philadelphia the 23d 2d m̊ 1688.
"To the proprietry & Governors Comissioners of State & Property The Humble peticon of the Inhabitants of the Welch Tract Sheweth
" That Whereas William Penn Proprietors & Governor aforesd out of his tendr Love & good will towards your Petrs & for their Incouragmt & Conveniency here (considering many of them understood not the English Tongue & soe were incapable of giveing due service to English Judicatures) was favorly pleased to give his most Solemne word (before they removed from the Land of their nativity) That they yor Petrs should have abt forty thousand acres of Land contiguously layd out as a Barony and that they should not be obliged to answer nor serve in any Cort whatsoever but should have Corts & magistrates of their owne wherein Justice should be ministred according to the Law of this Governmt or to that Effect; In Consideration whereof & for a manifestacon of yor petrs Love Gratitude & Choice to the 0 Governor & his Governmt they came over to this Province.
"And whereas the sd Proprietry in pursuance of his former promise Did grant a warrant for surveying the SA Tract accordingly and thereupon further declared that yor petrs should Injoy the sd priviledges in planer aforesd & be Exempt from attending all other Judicatures-save only That they should maintaine membrs to serve in Council & Assembly And also whereas the sd Tract extends to the sevrail Countys of Philadelphia & Chester as is aleadged & by pretence thereof your Petrs have been sumoned to the County Corts of both the sd Countys to yeild their service upon Jurys & so are like to be taxed in both places to their great Impoverishmt. Now forasmuch as the privilidges & Exempcons aforesd soe tenderly proposed by or Governor is most thankfull acknowledged as a peculiar kindness to yor petrs nevrtheless they desire to Improve the same to no other end then to have their Corts & magistrates of & amongst themselves as they had in Wales and to he Governed by the Law of Pensilvania here, as they were by the Law of England there, and that good Rule & order may be the better kept amongst them & an amiable unity with their English & other neighbors be preserved and Especially That their monthly & other meetings may not be seperated.
"Therefore yor petrs humbly request that what bath been so as aforesd granted by parol may be Confirmed unto them & other purchsors & Inhabitants of the sd Tract & their heires by Grant Charter or ordinance containing such Jurisdictions, powers Liberties and under such sorvices, Restriccons and Denominacon as in wisdom̊ you shall Judge Expedient, &c.
" THOMAS ELLIS,
GRIFFITH OWEN,
JOHN BEVAN,
HUGH ROBERTS,
HENRY LEWIS,
WILLIAM HOWELL
JOHN EVANS,
ROBERT DAVIES,
FRANCIS HOWELL,
WILLIAM JENKINS,
JOHN HUMPHREY,
SAMUEL REES,
MORIS LEWELIN,
JOHN ROBERTS,
DAVID MEREDITH,
RICHARD ORME,
REES PETER,
HUGH JONES,
DAVID EVAN,
JOHN JARMAN,
PHYLIP EVAN."
[Indorsed] " Pray Sr send an answer to this ffor they are very Earnest about it but John Symcock much agt it as also Laying an other County beyond theirs.
What reply was made to this has not been noticed. The Welsh declined recognize the division that had been made previously, and this led to the following proceedings. In Council, 1, 25, 1689
" The Secretary produced a Petition ffrom severall Justices abd Inhabitants of ye County of Chester, directed to ye Goverr and Council]. The Goverr asked by whom̊ Subscribed : 'twas answered by none. He replyed He should not receive it without a Subscription : it was delivered to ,e persons who attended about it. They Subscribed it. The Goverr then directed it to be read : it was read : ye Coppy There-off ffolloweth (viz :)
"To JOHN BLACKWELL, Esqr., Goverr, and the Provincll Councill of Pennsylvania, &c.
"The Humble Petition of ye Justices of Chester County in the behalfe of themselves and Inhabitants of ye said County Sheweth : That whereas ye said County is but a Small tract of Land, not above 9 miles Square, & but Thinly seated, whereby ye said County is not able to Support the Charge thereoff; Vppon our humble Request to The Proprietor & Goverr, and his Serious Consideration of our weak Condition, was pleased out of Compassion to us, to grant an Enlargement of ye same, in manner ffollowing, viz : to runn up from Delaware River, along darby mill Creek, ye severall Courses thereoff, untill they took in Radnor and Herford Townshipps; Then downe to ye Skoolkill; Then vpwards along the severall Courses thereoff without Limmitt.
"Therefore, wee humbly pray you will be pleased to Confirme ye said bounds, whereby the. County of Chester may be in some measure able to defray their necessary Charge, and wee shall, as in duty bound, &c.
"Signed by Jon Blunston, Tho : Brassie, Randle Vernon, Caleb Pusey, Tho : Vsher.
"The Goverr Demanded of ye Petitioners how they would make out their alligations. They began to relate some passages weh had passed ffrom ye Proprietor about settling the bounds of ye County of Chester.
"The Goverr Directed them to withdraw, and putt what they had to say and Could depose into writeing : they went forth and brought in their severall attestations following, weh were read, viz:
" I, John Blunstone, as in relation to ye Devision of Chester County ffrom Philadelphia, doe thus testifie, that a flew days before Goverr Penn left this Province, that vpon wchbank by John Simcock's house, I moved him to Deside this matter that had been so long Discoursed, who then, before me and Others, did Declare that ye bounds Should thus runn ffrom the mouth of Bow Creek to Mill Creek, weh should be ye bounds until it comewch ye Land of Herford, and then to take in the Townds of Herford & Radnor ; from thence to the Skoolkill, and take in his mannour of Springtowne, by welt our Pattents Holds: then I asked him if he would be pleased to give it under his hand, to avoyde ffurther Trouble, who answered he would if any of vs would Come the next day to Philadelphia in order thereunto : one was sent, but what then obstructed I am not certaine, but yt ye Goverr Departed about two days after :
"was signed JOHN BLUNSTON.
" Randall Vernon sayeth, that some time since Wm Howell of Harford Signified vnto me, and gave it vnder his owne hand, yt some time after they there settled that he asked ye Goverr to what County. they should be joyned or belong vnto, & The Goverr was pleased to answer him that they must belong to Chester County :
" Was signed R., the mark of RAson VERNON.
"Our Proprietor and Gover. being pleased to grant to me a Commission to be Sheriff of the County of Chester, was pleased some time after to express himselfe to me to this purpose: Thomas, I perceive that the Skoolkill Creek Comes or runs so vpon the back of Philadelphia, that it makes ye City almost an Island, so that a Robbery or the like ma.y be there Committed and ye offender gitt over ye Creek and so Escape for want of due persuRANDllcVERNoN.efore I intend that ye bounds of Philadelphia County Shall Come about 3 or ffour miles on this side of the Skoolkill, and I would not have thee to take notice or to oppose that Sheriff in ye Execution of his office, about Kingses, or the like, but I intend to enlarge this County downwards to Brandywine :
"assertained by me, THOMAS VSHER.
"Some of the members of the Provn Councill asserted the Substance thereof, and that ye same was agreeable with the mapp of the Province.
" The Surveyr Generlls Deputy was sent for, who showed the hounds of the County from the mapp, and being asked by ye Goverr by what order it was sett out, answered it was so ordered by ye Goverr & Provinciall Corincill, as would appear by ye Coppy of ye minutes of their proceedings, weh he produced.
"The Goverr Directed that the minutProvnllemselves might be serched, & Compareing the same Coppy with the Entry, ffound them agree in Substance.
"'Twas observed by ye Goverr and Councill that ye mapp- of The Province was the work of Thomas Holme, Surveyr Gene"; that it was
30 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
dedicated to ye Proprietor by ye Publisher; that many Coppys had been published in England and here in this Province, by weh ye same was made notorious to all men's observations and. Knowledge, without Controll or Question, and that 'twas likely many Conveyances of Lands might have been passed, Expressing the situations to lye in the Respective Countys; as they were therein Expressed, and that to Disallow thereof, for ye Boundary's might be of ill Consequence on that ascot. 'Twas asserted that the Welsh Inhabitants had Denyed themselves to be any part of The County of Philadelphia, by refusing to bear any share of Charges, or serve in office or Jurys, and the like, as to ye County of Chester.
"That the pretence thereof was they were a distinct Barony, welt tho' they might be, yet that severall Baronys might be in one and ye same county.
"The Goverr and most of The present members of Councill Declareing themselves satisfied Concerning their being a part of Chester County upon ye grounds alliged and proved as aforesaid, yet ffor as much as Thomas Lloyd had desired they might be heard before it were determined Sam" Carpenter was desired to acquaint him that if he, the said Thomas Lloyd, should think fitt so ffarr to Concerne himselfe therein as to appear in their behalfe, or any other, to chew cause why they should not be Declared to be of the County of Chester, (as the Proprietor had promised) they might have liberty so to do before the Goverr and Councill to morrow, between 9 & 10 in the forenoon, otherwise the Evidence seemed so ffull as that they should proceed to Declare their judgment therein."
The next day Thomas Lloyd and John Eckley appeared on behalf of the Welsh, and claimed that the proprietor had given them grounds to expect they should be made a county palatine ; but having no written evidence thereof, the Governor and Council by a vote decided that the former division line should be confirmed. Samuel Carpenter and William Yardley dissented on the ground that the Welsh people should have had more time to make their defense.
The Welsh troubles are now transferred from the Council chamber to the court at Chester. The court made an order appointing John Jerman constable for Radnor and John Lewis for Hartfort [Haverford], but these gentlemen did not come forward to be qualified into office. At the following court it was " ordered that warrants of Contempt be directed to the Sheriff to apprehend the bodys of John Lewis and John Jerman for their contempt in not entering into their respective offices of Constable (viz) John Lewis for Hartfort, and John Jerman for Radnor, when thereunto required by this Court."
David Lawrence had been returned as a grand juror from Haverford, but refusing to attend, was presented by that body and fined ten shillings. They also " do present the want of the inhabitants of the townships of Radnor and Hartfort, and the inhabitants adjacent, they not being brought in to Join with us in the Levies and other public services of this county."
At the June court of this year the commission of 'William Howell, of Haverford, as a justice, was read and published, and " he did afterwards subscribe to the solemn declaration, prepared by the 57th Chapter of the great law of this province." " The Divission lyne between this County and Philadelphia County was read, dated ye 1st of ye 2d moth, 1685." At the same court William Jenkins, of Haverford, served as a juror, and at the December court John Jerman was attested constable for Radnor. This is the first official recognition by any of the inhabitants of these townships that they were subject to the jurisdiction of Chester County. They seem to have given up the idea of a barony, and with as good a grace as possible submitted to the authority they were unable any longer to resist. By the close of the year these townships were supplied with a full set of township officers, being the first appointed within their limits.
At the court held in March, 1685-86, it was
"Ordered that the Sheriff take into custody the body of David Lewis upon Suspition of Treason, as alsoe ye body of Robert Cloud for Concealing ye same, for that ho the said Robert Cloud being attested before this Court, declared that upon the 3rd day of the weeke before ,Christmas last att the house of George Foreman, the said David Lewis did declare in his hearing that he was accused for being concerned with the Duke of Monmouth in the West Country.",
They were both bound over to appear at the next provincial court, Robert Dyer being surety for his servant, David Lewis, and William Cloud, Sr., for his son Robert. It was doubtless on account of the insurrectionary movements in England that the latter received his " Passe" to leave the country some months before this.
September, 1686.—" The Inhabitance of Bethell and Concord Presented a Paper to this Court signifieing their good liking of the Road lately laid out by the Grand Jury to Chichester."
December, 1680.—" Constaples Chossen
ffor Bethell Lyberty—Edward Beasar.
Burmingham—John Bennett.
Chester—Andrew ffriend in the room of his father Neales Lawson.
Northley—Edward Carter.
Gilead—Joseph Baker.
Providence—John Nickson in ye Roome of Edward Pritchard.
Marple—ffrancis Stamfield.
Newtowne—Thomas Norbury.
Upper Providence—Thomas Powell."
" Ordered that all Constaples yt are not Attested doe forth with re-padre to their next Justice to be Attested according to law."
Northley was afterwards Aston, and Gilead was probably Middletown.
"Ordered that all Constaples have forthwith Warrants directed vnto them under ye Clerks hand and County Seale that they forthwith Call a Towne meeting in their severall Precincks in order to make a true returne of all ye male Inhabitance therein as well Servants as free men from sixteen years of age to sixty as alsoe of what Lands they are seized of; as alsoe what Lands are surveyed to non residence and soe remaining vnoccupied vnto ye Commissioners Sitting att Walter ffaussetts att Ridley Creeke ye 1st day of ye next moneth 1686."
"This Court in ye Behalfe of ye County have bargained and sold vnto Robert- Wade, his Heires and Assignes ye Court house and Prison att Chester vpon Consideration Whereof ye said Wade doe Obleidge himselfe his heires, Executors and Assignes to Defray all Charges which are already Duo from ye first Erecting said Houses, Provided that from ye day of ye Date hereof to ye full end and terme of two years and a halfe the said Robert Wade shall have liborty to reimburst what moneyes he have already received of ye Levie raised in this County toward ye Purchasing and Building of said Houses; Upon all which this Court cloth Engage to make yo said Wade a firme and sure Title to said Houses and to give him lawful' and quiete Possession thereof."
" James Saunderlaine for himselfe his heires and Assignes doe Promise this Court a Convenient Peece of Land in ye Town of Chester where they may Erect a Court house and Prison and to make a firme title of ye same to ye Proper use and Behoofe of this County."
The lately erected buildings may have been found inadequate to the growing wants of the county.
The first court, under the name of a Court of Equity for Chester County, was held in this month, by the justices of the Common Pleas, under the title of Commissioners, as will be seen by the following extract from the record :
" ATT A COURT OF EQUITY held att Chester the 5th day in the 1st week of the 10th month 1686.
GENERAL HISTORY - 31
“Commissioners present :—John Blunstone, John Simcocke, George Maris, Bartholomew Coppock, Samuel Levis, Robert Wade, Robert Pile.—Robert Eyre Clerk."
Only two causes were tried, in each of which the plaintiff obtained a modification of the award of the Common Pleas.
Dr. Smith remarks :
"Grand juries, which, for two or three years after the establishment of Penn's government, wore hardly regarded as a necessity in the administration of justice, had now assumed an importance scarcely equaled by the court itself. Both public wants and the neglect of official duties were promptly brought to the notice of the court, while evil-doers could scarcely hope to escape their scrutinizing vigilance. But holding office during the whole year, this vigilance, after a time, degenerated, in each grand juror, into a kind of Quaker Puritanical surveillance, and subjected to the exposure of judicial investigation every slight departure from strict moral rectitude. Many matters were presented that had better been rectified by the kind offices of the friends of the party ; or from the evils that resulted from their exposure, been allowed to pass into oblivion unnoticed. If there was anything to make the practice tolerable, it was the impartiality with which it was exercised ; the justices of the court and even grand jurors themselves were sometimes the subjects of these presentments."
March, 1687-88. " The names of ye Constaples Chosen to serve ye next ensuing year,
" ffor Burmingham—Richard Thatcher.
Concord—William Collett.
Chichester—Richard Buffington, attested in Court.
Ashtone—John Neales.
Marple—George Williard, attested as above.
Springfield—Joseph Lounes, attested as above.
Darby—Samuel Sellars.
Middletowne—Robert Pennell.
Upper Providence—John Calvert.
Newtowne—Joseph Humphreyes."
The first Orphans' Court under that name was " held att Chester on ye 3d day in ye 1st weeke of ye 8th month, 1687."
According to Proud, considerable excitement was caused in Chester County in 1688 by a report of Indian outrages, including the murder of three families. It was said there were five hundred warriors encamped at an Indian town on Brandywine, who designed to fall upon the English. A Friend (supposed to have been Caleb Pusey) offered to go to the camp if five others were named to accompany him, and to proceed without weapons. On their arrival they found the Indian king lying with a lame foot on the ground, his head on a pillow, the women at work and the children at play. They were displeased that such a report had been raised, as they bad nothing against the English. Proud intimates that the investigating party were members of Council, but Caleb Pusey was not a member in that year.
LIST OF LAND-HOLDERS, 1689.
The following list of land-holders appears to have been prepared by or under the direction of Governor John Blackwell, about the year 1689, and it serves in a manner to indicate the extent of the settlements at that time, though it cannot be said to be complete, while many of those whose names are given did not reside on the land. There are evidently many errors in the spelling of the names, which are given as in the original :
"An Alphabeticall List of Lands taken up by several purchasers, Renters and old Renters within the County of Chester, and the Quantityes certifyed by Rob : Longshore to be taken up by them respectively dm: viz.
