USA > Pennsylvania > Colonial records of Pennsylvania, Vol. I > Part 26
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PRESENT:
JOHN BLACKWELL, Esq'., Gover".
Peter Alrichs, John Symcock, Rob' Turner,
John Cann, John Bristow, Griff. Jones,
John Dehayes, Barth. Coppock, Wim. Markham, Secre.
The Gover' acquainted the Councill that he was come thither on purpose to indeavor a setleing of those differences that had been oc- casioned in y' County by the proceedings had in the case betweene John Grantham & Thomas Wollaston ; which had already caused a great deale of trouble to that board sitting at Philadelphia, And as previous and in order to their better procceding therin, The Gover' Enquired whether the order past in the Provinciall Councill for re- storing Wollaston to his possession had been observed by the Justices, Mr. Cann answered it had, & was Recorded.
The Gover' Ordered it should be read. It was read accordingly.
Wollaston was callen in and demanded whether he had possession delivered to him according to ye Councill's order. He owned he had the possession delivered to him, And sayd he did not question but he had the possession still, and moved That Consideration might Le had of the Charges he had been at, &c.
The Question was putt whether the Returne made by the Justices
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was sufficient, which was carryed in the affirmative, Nemine contra- dicete.
'The Gover' being informed That Grantham's Wife was attending with a Petition, she was called in & delivered her petition, wych was as followeth, Viz':
To the Honble John Blackwell, Esq"., Gover", & Councill of the Province of Pensilvania and Countys annexed, in America.
The humble Petition of John Grantum sheweth :
Wheras, your Petitioner for near three years past hath been ex- cluded and kept out of his Just right and priveledges, by the force of certain decrees and Orders surreptitionsly obtained by Thomas Wollaston, and forcibly executed on your said Petitioner, his land and Plantation, contrary to the fundamentall laws of this Government, all which your Petitioner is greviously oppressed in, almost to the impoverishment of himselfe & family, therefore earnestly intreats your honours will be pleased to have a reheating of the matter, that Justice may flow in its due channell, whereby the oppression your Petitioner lyeth under will not only be removed, but your Petitioner restored to his former absolute right and estate ; and your Petitioner as in duty bound, shall ever pray, &c.
In behalfe of my husband, ELLENAR GRINNTEN.
Which being read in the hearing of Wollaston, the Gover" asked him whether he had any thing to say against what was desired by the Petitioner.
Wollaston tenderd a Copy of the proceedings by the Provinciall Judges, signed Da : Lloyd, & Cur. pr. dict.
Granthum also produced the Copy of the proceedings by the Coun- ty Court, in which the Judgment was first given, signed John Whitte, Clark.
Both web contayning the whole matter of fact, with an account of the proceedings had therupon.
The Secretary produced the following addresse and desire of the ffreemen of the Province & Terrytorys in Assembly mett, That the Gover' & Prova Councill would be pleased to Command That the De- cree and actions in that case, with all ye Causes & matters thereupon depending, might be heard before them, as the supreame Judges of this Governm' which is as followeth :
The ffrecmen of the Province and Territorys in Assembly mett, being duly informed of a certain decree past by Arth. Cook and John Symcock, Provinciall Judges, at their Sessions held at Philadelphia on ye tenth day of the second month, 1698, betweene Thomas Wollas- ton and John Grantum, wc appear to this Assembly to be not only very seveere, but the cause alsoe seems usherd in the said Provinciall Court, contrary to any known law, or without consent of one of the Partys, and the sayd John Grantum complaining of great wrong & Injustice Sustained, the ffrecmen in Assembly mett, in behalf of themselves and all the ffreemen of this Province and Territorys, doc humbly desire that the Gover and Provinciall Councill would be pleased to comand the said Decree and action, with all the causes
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and matters thereupon depending, may be heard before them as the supreame Judges of this Governm', whereby right may be done, to the honour of God, the peace and prosperity of this Province & Ter- ritorys.
JOHN WHITE, Speaker.
Which being read and particularly considered by the board, Each of ye partyes concerned being admitted to cleare matters as they could, & declaring themselves on both parts willing y' the Gover' & Councill should put an end to the differences between them ; The Justices also of that County, & John Symcock, one of the Provinciall Judges, (then present,) desiring the same.
It appeared to the Board that the said Tho. Wollaston acknowledged a judgement in the County Court for the sum of 261b. 15sh. good & lawfull money, justly due & owing by him upon a bond to ye sayd John Grantum, wth Cost of suit, to be payd in current money, or wheat at money price current.
That the County Court Ordered Judgement to be enterd therupon, and granted Execution accordingly ; That the Sheriffe, pursuant ther- unto, seized the uppermost halfe of the said Wollaston's lands, & had them appraysed & delivered upon sale by an Out crye, to ye sayd Grintham, for 301b. & 10sh. & gave him possession therof; That neither ye sayd money, nor wheat in lieu therof, was payd.
That what the Provinciall Judges did decree & order in this matter was not done virtute officy, but as reserves upon bonds enterd into by both partyes.
And that the non payment of the debt, with Costs, was ye occasion of all that great expence that ya said Gramton had been put unto, wc arose through the said Wollaston default, and many other things being controverted between them, wherein they could not agree, they were caused to withdraw ; and upon the Question put, It was Resolved & agreed, (nemine contradicente,) Viz :
1st. That the debt due to Grimtham was not satisfyed by the sayd Wollaston before the Sheriff's sale of the Land to Grantham.
2. That there was no just ground of Exceptions to be taken against ye proceedings of the County Court in their judgement.
3. That the Order made by the Provinciall Judges for giving or Ie- storing possession of ye Land to Wollaston, was not intended to be Executed till the debt & damages were satisiyed ; which ye sayd John Symcock declared upon this hearing.
Wherupon, both partyes being called in, & indeavours used with both of them to agree the matter between themselves, & some pro- posalls made for that purpose, Wollaston declared he had better be without the land than pay 301b. 10sh. for it, and that he could not pay, or give security to Grantham to pay the money to his satisfaction.
On ye other hand, Grantham refusing to take the negro for his money, (wch was the cause of the debt,) & refusing to Grant longer time & complayning of their being undon by the vast Expences Wol- laston had put them to, (which occurred to the Gover' & Councill to be the sayd Wollaston's faylor,) and that the said Wollaston had Recd severall years use & benefit of the Negro; wheras, Gramton was out of his money all that while.
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It was upon the whole matter, Resolved, Ordered & adjudged,
That Gramton be confirmed in ye sale of ye Lands made to him by the Sheriffe, as aforesayd, at ye rate of 301b. 10sh., and that he be also allowed the sum of 101b., at which a certaine parcell of corne grow- ing on the sayd Land, & taken off by Grantham Whilest he had pos- session, had been valued, and that this should be in full of all de- mands of him, the sayd Grantham, from him, the sayd Wollaston, both debt, damages & Charges :
And that the Sheriffe of the sayd County of New Castle, (at the request of the sayd Grantham,) should be required to restore & give unto him, the said Gramton, the quiet & peaceable possession of the sayd Lands, to hold to him, ye sayd Gramton, his heyrs & assigns for ever; Any thing in any former order of this board conteyned to y" Contrary notwithstanding :
That this be the finall conclusion & judgement of this board in that case ; And that this Order shall be to the sayd Sheriffe a sufficient warrant in that behalfe.
John White, Clerk of the sayd County of New Castle, being com- playned of by some of the Justices of the sayd County as one who had greatly misbehaved himselfe in his carriage towards the Justices, and so provoked them as that divers of them were discouraged in their serving the Governm' in that Station, & for that cause had resolved against acting therin; and having likewise recorded a returne made by three of them to ye Gover' and Councill, which he acknowledged he knew to be fundamentally erronious for want of a date, and boasted that he knew it to be so before he enterd it, & yt he did not ac- quaint the Justices thereof, & yet did it with intent that he might be even with them for finding fault with a defective transcript he had made, intimating (as appeared by attestation of James Claypoole) that all advantages against an enemy were fayre, which in effect he acknowledged, saying he would not Lye, he had not acted as a Christian therin, but rather blamed others for taking offence therat than himselfe for giving it.
The Question being put, it was resolved :
That that carriage of his in recording the sayd Returne with that intent declared by him, was a misdemeanor in his office, & argued him unfitt to be trusted with the Custody of Records any longer.
He being called in, was acquainted therewith & his Commission declared voyd.
Consideration being had of the Erroniousnesse of the sayd Returne so entred, It was Resolved :
That ye sayd Record, so entred by him, should be cancelled in the County book, & was accordingly cancelled at the board, in presence of ye Justices.
Resolved that the Entry of the same erronious returne made in the book of the Provinc" Councill's orders & proceedings, should also be cancelled, & was accordingly cancelled at ye board, by the Secre.
The Gover' produced a Letter delivered to his servant by Tho. Lloyd, the 8 of March, 1688-9, directed for GOVERNOR BLACK- WELL, signed Tho. Lloyd, Arthur Cook, for Jo" Simcocks, dated
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Philad. 7th 14 Mo., 1689, which he showed to ye said John Simcock in the prsence of the Councill, & asked whether he owned that to be his hand.
He answerd, No: & Being askd whether he were on ye sayd 7th of ye sayd month in ye sayd towne of Philadelphia ;
He answered he was not in Philadelphia since ye 21 day of the sayd month.
He sayd also, he knew nothing of it, nor had he given Tho. Lloyd any allowance to sett his hand to any thing in his absence.
The Gover' Enquired of John Simcock, John Bristow, & Barth. Coppock, whether they had not read a Commission for Justices, & holding a County Court for the County of Chester. John Symcock answerd they had. He then told them that he understood upon the Road as he came through Chester, that they, with other persons named for Justices in the sayd Commission of the peace, had not pub- lished their Comission, nor subscribed & ingaged fidelity as by Law was required.before they Executed their sayd office. Also, neither had the Sheriffe of the County either publishd or owned his Com- mission or authority, whereby they had brought in Question all their actings & proceedings in their County Court, and that the Sheriffe had renderd himselfe incapable of making returnes of the Elections of Provinciall Councillors and Assembly members, and proposed it to their Consideration that some thing might be done to prevent the inconveniences that might arise by such iregular actings, which had brought them into a premunire.
Upon debate therof, it was thought advisable and agreed that a Generall Sessions should be called ; that the Comissions should be published, & and the actions done since the vacating their former Commission, be confirmed by renewed orders made in the County Court, where & when the ffreeholders shall be for that purpose su- mond & assembled, and that the same be grounded on an unwilling faylor & error in their proceedings.
Which they promised should be done accordingly. The Gover' declaring that should be satisfactory to him, he being willing to be- leeve that what was done was not in contempt of authority, as he had feared.
Philadelphia yª 25th of ye ffirst month, 1689, in ye Councill Roome.
PRESENT :
JOHN BLACKWELL, Esq"., Gover'.
John Symcock, Barth. Coppock, John Bristow,
Rob' Turner, Sam" Carpenter, Wm. Markham, Sec".
Grif. Jones,
The Gover' Directed ye Sec" to read ye Entry of The proccedings of yª Councill at New Castle.
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The said proceedings being read, Barth. Coppock remembered y' it had been affirmed that ye Justices of Chester had Subscribed ye in- gagement of ffeidelity to ye Proprietor, required by Law, wch was also remembred by John Bristow, Rob' Turner & Griff. Jones ; and ve said subscription being produced, dated ye 5th day of ye first month, (w-ch was ye ffirst day of ye County Court's Sitting,) ye same was ordered to be amended accordingly, &c.
Thomas Lloyd Came into ye Councill Roome, and ye Gover' asking him if he had any thing to say to the board, He answered that he was Come to present himselfe as ye Law required, win twenty days after Election.
The Gover' told him he knew nothing of it: There was no re- turne made thercoff by ye Sheriff.
Tho. Lloyd replyed there was no need of his returne, as ye Gover " would ffinde if he look'd into y& Charter, &c.
The Gover" tould him he Could take no notice of any Election till due returne be made, and therefore if he had nothing Else to offer to ye board, desired him not to Interrupt their proceedings ; they were Entred vpon a matter of another Consideration. Thomas Lloyd said, He vnderstood some thing had been moved about ye adding ve Welsh towns or tracts to the County of Chester, and if any Such thing were proposed desired they might be heard.
The Gover' told him no such thing was yet brought before Them ; But that if any such thing were whercin it should be found requisite to hear them, they Should have notice thereoff.
adjorned till 3 in ye afternoon.
POST MERIDIAN.
Present as in ye fforenoon.
The Secretary produced a Petition ffrom severall Justices and In- habitants of ye County of Chester, directed to ye Gover" and Councill. The Gover' asked by whome Subscribed : 'twas answered by none. He replyed He should not receive it without a Subscription : it was delivered to ye persons who attended about it. They Subscribed it.
The Gover' then directed it to be read : it was read; ye Coppy Thereotf ffolloweth. (viz :)
To JOHN BLACKWELL, Esq"., Gover', and the Provinc" Coun- cill 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 whercas, ve said County is but of a Small tract of Land, not above 9 miles Square, & but Thinly seated, whereby y" said County is not able to Support the Charge thereoff; Vppon our humble Request to The Proprietor & Gover", and his Serious Consideration of our weak Condition, was pleased out of Compassion to vs, to grant an Enlargement of ye same, in manner ffollowing, viz : to runn vp ffrom Delaware River, along darby mill Cteck, ye severall Courses thereoff, vntill they took in Radnor and Herford Townshipps; Then downe to y& Skoolkill ; Then vpwards along the severall Courses thereoff, with- out Limmitt.
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Therefore, wee humbly pray you will be pleased to Confirme ye said bounds, whereby the County of Chester may be in some mea- sure able to defray their necessary Charge, and wee Shall, as in duty bound, &c.
It was signed by Jo" Blunston, Tho. Brassie, Rand" Vernon, Caleb Peusey, Tho. Vsher.
The Gover" Demanded of ye Petitioners how they would make out their alligations.
They began to relate some passages weh had passed ffrom ye Pro- prietor about settling the bounds of ve County of Chester.
The Gover" Directed them to withdraw, and putt what they had to say and Could depose into writeing: they went fforth and brought in their severall attestations ffollowing, wch were read, viz:
I, John Blunstone, as in relation to ye Devision of Chester County ffrom Philadelphia, doe thus testifie, that a ffew days before Gover' Penn left this Province, that vpon ye bank, 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, wch should be ve bounds vntill it come to ye Land of Herford, and then to take in the Townds of Herford & Rudnor; from thence to the Skoolkill, and take in his mannour of Springtowne, by wch our Pattents Holds : then I asked him if he would be pleased to give it vnder his hand, to avoyde ffurther Trouble, who answered he would, if any of vs would Come the next day to Philadelphia in order thereinto: one was sent, but what then obstructed I am not certaine, but y ye Gover" Departed about two days after: was signed JOHN BLUNSTON.
Randall Vernon sayeth, that some time since Wm. Howell of Har- ford, Signified vnto me, and gave it vnder his owne hand, y' some time after they there Settled that he asked ye Gover' to what County they Should be joyned or belong vnto, & The Gover' was pleased to answer him that they must belong to Chester County : was signed R., the mark of Rand" Vernon.
Our Proprietor and Gover being pleased to grant to me a Commis- sion 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 sc vpon the back of Phila- delphia, that it makes ve City almost an Island, so that a Robbery or the like may be there Committed and ye offender gitt over ye Creck and so Escape for want of due persute, &c., therefore, 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 ve Execution of his office, about Kingses, or the like, but I intend to Enlarge this County downewards to Brandy- wine : assertained by me, THOMAS VSHER.
Some of the members of the Prov" Councill asserted the Substance thereof, and that ye same was agreeable with the mapp of the Pro- vince.
The Survey" Gene"s Deputy was sent for, who showed the bounds of the County ffrom the mapp, and being asked by y' Gover by what
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order it was sett out, answered it was so ordered by ye Gover' & Pro- vinciall Councill, as would appear by ye Coppy of ye minutes of their proceedings, wch he produced.
The Gover" Directed that the minutes themselves might be serched, & Compareing the same Coppy with the Entry, ffound them agree in Substance.
'Twas observed by ye Gover" and Councill that ye mapp of The Pro- vince was the work of Thomas Holme, Survey' Gene"; that it was dedicated to ye Proprietor by ye Publisher ; that many Coppys had been published in England and here in this Province, by web ye same was made notorious to all men's observations & Knowledg, wtout 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 acco'. 'Twas asserted that the Welsh Inhabitants had Denyed them- selves to be any part of The County of Philadelphia, by refuseing 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 destinct Barrony, weh tho' they might be, yet that severall Barronys might be in one and ye same County.
The Gover" and most of The present members of Councill Decla- reing themselves satisfied Concerning their being a part of Chester County vpon 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 shew 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 Gover' 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.
James Claypoole, Clark of The County Court of Philadelphia, by an address to ye Gover' & Councill, Complayned that David Lloyd refused to Deliver vp the Records and proceedings of the County Court in the time of his being County Clark, and some of the justices also informed the board thereof, and that many prejudices had hap- ned by ye Clark's not haveing them. David Lloyd being sent for, said he had not had time to doe it, haveing been ingaged in a remo- vall of his goods, &c., but said he would doe it as soon as he Could : the Gover' Declared to him there being a County Court to sitt this week, where they would he needed, that if it were not don in two days he Should take a Course with him to Compell him, wch he ad- vised him to prevent, and Caused him to withdraw.
Wm. Cloud his Petition was read, setting forth his being taxed for v. Levies of one and ye same tract of Land in both ye County of New Castle and yª County of Chester, the web tract of Land was Laid out
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as in the County of Chester, and was part of ffive hundred acres He bought in England of the Proprietor.
Ordered that the Secretary write a Letter in the name of the Gover' and Councill, to ye justices of The County of New Castle, to Inquire into that matter, and to Certifie to ye Gover" and Councill the grounds of their haveing interrupted him, as is therein Expressed, if it so proved, wth what Convenient Speed they Could, and in the meantime to Suspend the Levying yepayment Complayned of till ffurther Order.
At a Councill in the Councill Room at Philadelphia ye 26ª of ye first Mo., 1689.
PRESENT :
JOHN BLACKWELL, Esq'., Gover'.
John Bristow, Wm. Yardley, Griff. Jones,
Sam" Carpenter, Rob Turner, Wm. Markham, Secret'.
The Gover" directed the Entryes of yesterday proceedings in Coun- cill should be read.
They were read. As also ye minute of ye Councill touching the ascertayning the dividing lyne betweene the Countyes of Philadelphia & Chester, dated ye 1st of 2. Mo., 1685.
The same were reviewed & observed by Mr. Yardly. In so much as he exprest himselfe he Could not see what was to be sayd against it.
Sam" Carpenter declared he thought the Welsh people & inhabi- tants of Philadelphia County should have longer time. Also Mr. Yardly was of the same minde. The Gover' thought there was no need of them, the matter being so playne, But directed, if any were attending they should be called in.
The Secretary went out to see if any persons appeared on their be- halfe, according to the Liberty Granted & directed to be intimated to Tho. Lloyd, at his motion yesterday.
Tho. Lloyd & John Eckley appeared, and the Gover' asked them if they had any thing to object (on the behalfe of ye Welsh people) against the Running of the lyne as appeared by the map, which added them to ye County of Chester.
Tho. Lloyd sayd the Proprietor had given them grounds to Expect they should be made a County Pallatine. The Gover ask'd if any such thing had beene past : nothing appeard.
Tho. Lloyd askd the Gover' by what authority these dividing Lynes were drawnc.
It was answerd by the forementioned Order of the Councill, (as farre as concerned this matter,) which agreed with the severall depo- sitions of what had been promised by the Proprietor, and also with the map-lynes, &c. Some other discourses past, but nothing mate- riall offerd against the thing; Only Tho. Lloyd declared his opinion, That some more time should have been allowed for their appearing to make their Exceptions. He also demanded of the Gover' whether the
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Proprietor had power of himselfe to divide the Countyes, or whether the Proprietor & Councill. The Gover' answerd that by ye said Depositions, minutes & map, it appeard to be done by both in this case.
John Eckley declared he had nothing to say, but that he thought further time might be allowed in the matter. The Gover" tould him he did not think that the Gover" & Councill could doe nothing about limits, but with the popular allowances.
They both being with-drawne, The Question was put, viz': as many as . are of opinion that the bounds of the County of Chester Exprest by the dividing line marked in the large map of the Province, dedi- cated to y" Proprietor, and being according to the Order of the Pro- vinciall Councill dated ye 1st of ye 2ª month, 1685, are, and shall be hereafter, held and esteemed the bounds & dividing lyne betweene ye Countyes of Philadelphia & Chester, declare yourselves by rising up from your seats.
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