USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 10
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Thomas Lloyd had a Richt by his Brother Charles to .. 2500
took up hetween Mirioc and Harford 1100
and one 100 acres he ordred in his Right to Thomes David the
wich was Lai i out unto him. 100
1200
he allso Bough of ffrancis Smith Remaining 1300
the Share Margret Davise Reserved to her Self :
heing 1250 acres 1250
2550
there is I think 100 acers of Liberty Land Laid out to him 100
the Rest is to be yeat setled : and Warts to be granted for the suhdividing of it within the Welsh tract.
allso Richard ap Thomas : his purchus is. 5000
out of wich he sould to Phillip Howell 700
and one 100 of Liberty Land to Hugh Robarts. 100
and to Robart William. 300
and I think to Edward Joanes. 200
1300
Remaining to him to have warts to himself for. 3700
as to David Lloyd part there is an Imaginary Survey made ) one about 1800 acers but not perfected
When theu art pleased to order warts for them or any others of the said Welsh porcheses I think there ought to be a Recitall of the first Wart hy wich the Land was first bounded by; and the time of the survey Lickwise Comanding a Return of the Respective Subdivis- iens within the bounds of the said tract when not allready subdevided to any other of the Company the wich Survey was done on the 28tb of ye 8th Mo 1684 and finished the day of the 11th Mo Ensuing. I Request thee allso to put an end to Phillip Howell's business to Ease hoth thyself and the rest of ye Comiss's of his Continuall Im- por:uning ; and I think it were best to Let him have that Lott on Thomas Joanes account and Let him pay the money to Joancs.
38
HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
Least the warrt granted by the Gover" to Nealson taks hould of it, and the Gover" forced to pay the 35 pound to Joanes out of his own pocett; these things I Refer to thy Consideration Leaving it wholy to thee to order it as thou think best and desire thy faver in Leting me have and End to my one buisness that my most Cordiall freind and Governor Left with thee to do: for me Ells I am afraid I shall Suffer for want of it: who am thy Real freind
"D. POWELL
"Dat 5th 12th Mo: 1701"
" An account of the purchers Concurned in the Welsh Tract, Granted by the Generall Wart hy wich the said Tract was Laid out and such Lands as hath bine Laid out by Warts Dulie Executed within the same, and Ist of ye Ould England Purchests :
Acres
"Charles Lloyd & Margaret Davis
5000
Richard Davis
5000
William Jenkins
1000
John Poyr
750
John Burge. 750
William Mordant. 500
William Powell
1250
Lewis David
3000
Morris Llewelin'.
500
Thomas Simonse.
500
John Bevan,
2000
Edward Prichard
2500
John s.p John & Thomas Wyn.
5000
Edward Joanes & John Thomas.
5000
Richard Davis.
1250
Richard ap Thomas.
5000
Mordicai Moore in Right of.
500
John Millinton.
500
Henry Right.
500
Daniell Medlecot
200
Thomas Ellis.
1000
Ditto for Patt. Roules ..
250
Ditto on acct of Humphry Thomas.
100
David Powell.
1000
John Kinsy
200
David Meredith
250
David Davis.
200
Thomas John Evan.
250
John Evans.
100
Joho Jarmon
50
David Kinsy
200
Evan Oliver,
100
Samuel Mills
100
Thomas Joanes
50
David Joanes.
100
John Kinsy
100
Daniell Harry.
300
Henry Joanes & John Weab,
400
John ffish
300
John Day ..
300
Barker & Simson,
1000
The whole Complmt 50,000
" Besid William Wood and Sharlo, and Thomas Barker and Jobsons 1000ª allowed off to be within the said Tract."
Governor Penn received intelligence from England which compelled him to embrace the earliest opportunity to return. The crown had become jealous of its proprietary govern- ments in America, and desired to convert them into regal ones. For this purpose a bill had been introduced into Parliament, and was only postponed at the earnest solicita- tion of the friends of Penn until he should return. This rendered his early departure necessary, and he accordingly sailed from Philadelphia on the 1st of November, 1701. He never returned to Pennsylvania.
Before leaving, Penn by letters patent established a Council of State, composed of ten members, of whom Caleb Pusey and John Blunston were from this county. He also appointed Andrew Hamilton, one of the proprietors of East Jersey, Deputy Governor.
King William died Jan. 18, 1702, but it was not till the 10th of July that his successor, the Princess Anne, of Denmark, was proclaimed at Philadelphia as queen of Eng- land.
But the most important event of the year was the logis- lative separation of the three lower counties from the province. Before leaving the country, Penn had given his reluctant assent to this separation, to take place at any time within three years. It was now accomplished, very much against the wishes of Governor Hamilton. From this time the separation was final.
The necessity of a pair of stocks and whipping-post in the town of Chester was again presented at October court, 1703. " Ordered that Richard Kenderdin is appointed hog beadle in the Town of Chester."
9 mo. (Nov.) 30, 1703. The Grand Jury presented " The old Court hous, being a nusance to the town in case of fire, and also the chimney of Henry Hollingsworth, in Chester Town."
"The Court on deliberate consideracon orders the sª hous to be pulled down and that Jasper Yeats, chief burges of ye burough of Chester shall see ye order #formed."
This vexed question of the public buildings is hard to understand. The curious in such matters are referred to Dr. Smith's " History of Delaware County" and John Hill Martin's " History of Chester."
6, 26, 1707. "Ordered that a common pound for ye township of Chester be forthwith erected at the charge of the sª Township, and ye same pound is hereby declared to be the common pound when erected upon the land of John Wade, and by him given and appointed for that purpose, on ye south side of the Queen's highway on the west side the creek."
At a court of " Privet" sessions, Dec. 21, 1708:
"Whereas that there is a necessity for a new door for the prison at Chester, heing se common Geol of the County of Chester afuresd, -ordered that Henry Hollingsworth, Clerk of the sd county forth- with cause a door for the said prison to be made & grated with iron Barra on ye outside & so finished that it may be secure from either cutting or firing by prisoners, for which the Treasurer shall furnish the sd Henry with money to carry on and finish the said work."
Grand jurors held the office for a year until 1706, after which a new one appeared at every Quarter Sessions. For several years they laid out all the new roads, and in gen- eral performed the duties of county commissioners.
Feb. 24, 1707-8. Three constables were appointed by the justices " to attend this Court." This is the first notice of what was henceforth the custom.
Feb. 25, 1706-7. " Jeremiah Collett, constable of Chich- ester, being presented by ye Grand Jury for ye neglect of his Duty as a constable, for that he did not prevent Mor- decay Howel for working and suffering his servants or children to work and do servill Labour on ye first day of the week, altho' requested by John Neals so to do,-comes here and cant gainsay the same but acknowledges himself to be thereof guilty. Therefore it is considered that ye sª Jeremiah shall pay a fine of five shillings & his fees, and then shall go quitt."
The court records from September, 1681, to November, 1710, having been carefully entered in two volumes, at length became somewhat worn and dilapidated as to the binding. Accordingly, they were copied into one large volume several years ago; but the transcriber being unac- quainted with the old style of writing, there are many errors in the copy. A few years since the original books
39
GENERAL HISTORY.
were rebound, and are complete with the exception of eight pages, which had been wantonly torn from the second vol- ume. From 1710 to 1714 there is scarcely a scrap of court record to be found in our county archives.
The Indians manifested some uneasiness about this time, which was communicated to the Governor by William Dalbo, of Gloucester Co., N. J., " who acquainted him that there is a Belt of Wampum come to Conestogo, from Mah- quahotonoi ; yt there was a Tomahock in Red in the belt, & yt the French with five nations of Indians were designed for war, and to fall on some of these plantations." This information was duly laid before the Council by the Gov- ernor on the 14th of April, 1710, and also a letter he had received from Mr. Yeates, Caleb Pusey, and Thomas Powell, dated the same day, " purporting that to-morrow there was to be a great concourse of Indians, those of Conestogo & those of the Jersey ; that they were of opin- ion that it might be a seasonable opportunity for the Govr. to visit them altogether; the meeting being the greatest that has been known these Twenty years, and is to be about two miles from Jno. Warraws [Jno. Worralls], at Edgmond."
It was the opinion of the board "That the Governor with some of the Council, and as many others as can be got should go to-morrow to meet the sª Indians to inquire further of them about the said Belt of Wampum, and what else may be thought necessary."
The Governor and others doubtless met the Indians, as here indicated, but as no report of the interview was made to the Council, it is prohable the principal chiefs were not present. On the 29th of April, some more alarming news was communicated to the Council, which induced the Gov- ernor to visit Conestogo and have an interview with the red men. He found them "very well inclined to the English," but they complained of aggressions that had been committed on them by the white man.
The Governor, immediately on his return from Cones- togo, sent Col. French and Henry Worley to ascertain more fully the wishes of the Indians. These gentlemen returned with eight belts of wampum, and made their report to the Council on the 16th of June. Each of these belts had a particular significance. The import of three of them will be given :
The first was from their old women, and signified "that those im- plored their friendship of the Christians and Indians of this Govmt, that without danger or trouble, they might fetch Wood & Water."
"The second Belt was sent from their children born, and those yet in the womb, requesting that room to sport & play without danger of Slavery, might be allowed them."
" The third Belt was sent from their young men fitt to hunt, that privilege to leave their Towns, and seek provision for their aged, might be granted to them, without fear of Death or Slavery."
The last two of these belts have a significance that can- not be misunderstood. They plainly suggest the reason for the passage, in 1705, of the " Act to prevent the importa- tion of Indian slaves."
As early as July 31, 1710, there was presented to the Lords of Trade and Plantations a memorial from William Penn, which had been shown to the queen, proposing to dispose of the government of Pennsylvania. It was set forth that at the time of the charter there was due him for
his father's disbursements in the victualling office, and interest thereon, the sum of sixteen thousand pounds, of which he never received one penny. After considerable negotiation, it was agreed that for the surrender of the government Penn should receive twelve thousand pounds, and a warrant was issued, Sept. 9, 1712, to Robert, Earl of Oxford, high treasurer, to pay him a thousand pounds thereof as an advance of the whole. Further proceedings were ended by a partial paralysis of the Proprietary, from which he never sufficiently recovered to attend to business.
An affirmation act was passed, 1715, and received the approbation of Governor Gookin. By an act of Parlia- ment of 1 George I. the statute of 7 and 8 William III. was made perpetual in Great Britain, and was extended to the colonies for five years. By a provision of this latter act no Quaker, by virtue thereof, could be qualified or per- mitted to give evidence in criminal cases, or serve on juries, or hold any office of profit in the government. The Gov- ernor contended that this act repealed the provincial law, and had the same disqualifying effects upon Quakers here as it had in England. Most of the important offices in the province were filled by Quakers ; and the justices of the Supreme Court hesitated to perform their duties in the face of the opinion of the Governor. Under these difficulties criminal justice was not for a time administered through- out the province.
One of the most important cases left untried was that of Hugh Pugh and others, for the murder of Jonathan Hayes, in Chester County. The criminals were eventually admitted to bail.
The evidence is almost conclusive that the murdered man was the same Jonathan Hayes who resided in Marple, and who served for a long time as a justice of the court, and sometimes as a member of the Legislature. The mur- der excited great interest in the county. John Parry, Caleb Evans, and David Parry were fined for refusing to aid the constable " in apprehending Hugh Pugh," who was charged as a principal in the murder; and so much inter- est attached to the case that three persons were appointed by the court to find a place more convenient than the court-house for the trial of the murderers.
It would appear from the court records of this period that but twelve traverse jurors sometimes attended at a court, and fifteen grand jurors. The sentences of the court change from time to time, sometimes in consequence of a change in the law, at others, from the whims of the jus- tices.
In 1716 a sentence for larceny to the value of eight pounds was, that the defendant pay fourfold and costs, " and be whipped 21 lashes, and to wear a roman T of a blue colour for the space of six months not less than four inches long each way, and one inch broad, and be committed till he comply with sª Judgment." This was not an unusual pun- ishment.
In early times the office of sheriff was not so profitable as it now is, and as a sort of perquisite the sheriff was allowed to keep tavern. Hence we find Nicholas Fairlamb, a newly-elected sheriff, petitioning to the court to be rcc- ommended for a license. In later times the tavern was kept in the dwelling apartment of the prison.
40
HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
For some years the intellect of William Penn had been so much impaired as wholly to exclude him from any par- ticipation in the affairs of the province. His general health gradually declined till the time of his death, which happened on the 30th of July, 1718. The news of this melancholy event did not reach Pennsylvania till October, when it was formally announced to the Assembly, which was then in session.
An act passed in 1718, " for the advancement of justice, and more certain administration thereof," removed most of the obstacles in the way of Friends participating freely in legislative and judicial concerns. This act was confirmed by the king and council in the following year. The act " for corroborating the circular line between the Counties of Chester and New Castle," that had been passed several years previously, met with a different fate; for what reason does not appear.
After the death of William Penn, his eldest son, Wil- liam, claimed the right to administer the government of the province, and accordingly issued a new commission to Lieutenant-Governor Keith. After consulting with his Council, and also with the Assembly, the Governor declined the new commission, and continued to act under his former appointment. This decision met with the approbation of the home government. William Penn, the younger, died two years after his father, and after some litigation, not only the province, but the government of it, descended to John, Thomas, and Richard Penn, the surviving sons of the proprietary by his second wife, Hannah Callowhill.
The unsettled state of some of our boundary lines was the cause of frequent troubles. James Steel writes, Philada, 2ª, 11mo, 1718, to Isaac Taylor :
" I am very sorry that the order & Division of the counties cannot be found to send thee as desired : for my part I have never seen it nor cnn J. Logan nor thy Brother inform me anything of it-I having enquired of them both."
The following is the record of a council held at Phila- delphiia, June 8, 1720 :
"The Governour luid before the Board a Petition from several persons, Inhabitants on the South side of and adjacent to the River Schuylkill, to the Assembly of this Province, which Petition was re- ferred by the Assembly to the Consideration of the Governour and this Board and complains ' That the Petitioners having been formerly and are this present year rated by the Commissioners and Assessors of the County of Philadelphia und that now a new Demand is made upon them by the Officers appointed for collecting the County Rates and Levies within the County of Chester and praying that n Division Lina may be run between the said Counties, und that the Petitioners may be answerable for County Levies only in the County of Philu- delphis as formerly,' the said Petition was referred to James Logan, Esqr., Secretary and one of the Commissioners of Property to in- quire into the Situation and Cuse of the Petitioners, und to make & Report Ihercof unto the Board as soon as conveniently may be.
" Then was read a Representation by the Commissioners und As- sessors of the County of Chester to the Justices of the said County, together with an Address of the said Justices to the honoble the Gov- ernour, submitting the Subject matter of the said Representation wholly to the Governour's Care and Conduct. The Representation sets furth, that the Commissioners and Assessors of the County of Chester being by law impowered to lay Assessments upon the Inhabit- ants of the said County, for defruying the incumbent Charges there- of; but that & Considerable Number of Persons, whose names ure thereunto annexed called the adjacent Inhabitants of the Townships of New Garden who used to be rated by the Commissioners und As- sessors of the said County and paid their respective proportions ac-
cordingly, do now refuse to pay the aume, because of their being taxed in New Castle county und threatened to be distrained upon by reason of the Refusal to pay the County Levies to the officers ap- pointed to collect the same within the said County of New Castle; and preys that Care may be taken for the relief of the snid Inhabit- ents from the Inoursions like to be made upon them by the County of New Castle, in manner aforesaid."
A copy of an act of Assembly of the " lower counties," probably passed shortly before this time, sets forth that " several Inhabitants of New Castle County have, by the pretence of a Circular line, runn to adjust ye Twelve miles of ye County of New Castle, seperated and withdrawn them- selves from the Duties, offices and Taxes of this County, and have by virtue of running of the said line, for which there was neither warrt nor law, associated to and done the Duty of ye neighbouring County." To remedy this evil the act provided for the apprehension and punishment of such offenders by distraint or otherwise.
In council, March 22, 1720, " Upon Consideration of a Petition this Day read at the Board, from sundry persons who call themselves the upper Inhabitants of the West side of the Schuylkill, in these words :
""To the Honble William Keith, Esq"., Governour of the Province of Pensilvania and to His Honorable Council, The Petition of the upper Inhabitants on the West side of Schuylkill, humbly sheweth,
"'That Whereas the Commissioners for the County of Chester have attempted of late to make us puy taxes in the County of Chester, not- withstanding we have ever since our first Settlement paid our Taxes in the County of Philadelphia.
"' And your humble Petitionere having no Trade with Chester, and seeing it is impossible for us to have any tolerably convenient Road to Chester, by Reason of Rocks and Mountaine.
"' And considering that the County of Philadelphia, if hounded by Schuylkill, will not be above seven or eight miles broad at this place by an indifferent Computation, and the County of Chester, if bounded by Schuylkill aforesnid, will be near fifty miles broad by the like com- putation.
"' And considering that we must carry the Product of our Labour to Market at or near Philadelphia, which is forty or fifty miles, to purchase money to pay our Taxes, and defray the several Charges we shall be incident to by public services if we be taken into Chester County, which will be a very great burthen upon us.
" The aforeseid Considerations your humble Petitioners hope are sufficient reason for us to pray your Hon's that the Counties may be divided. And that if possible we may be (as heretofore) Inhabitants in the County of Philadelphia, tho' on the west side of Schuylkill; And your Pet's as in Duty bound will ever pray, &c.'
"Signed by Israel Robeson, Francis Hughs, Henry Bell, John Sio- elnir, John Rumford, end about forty psons more.
"It is ordered that the Surveyor General search his Ofice, and make Report to this Board of what appears from thence concerning the Division of the two Counties of Philadelphia & Chester from each other. Also, that He and James Stecl report in like manner as far as they are capable, who or how many of the subscribers to the said Petition are seated on the west side of Schuylkill, and upon what Tracts of Land and how long they have been possessed of the same, upon which Report this Board may proceed further upon the Petition presented to them."
Unfortunately, the names of the petitioners are not all given, so that we cannot compare them with the assessment list of that period. In the assessment made about the close of the year 1720, the " Inhabitants upon Schoolkill above the french Creek" were these :
41
GENERAL HISTORY.
Peter Hose.
Jaoob Stagger.
Marcus Overhoolt. Ruedy Houch. Henery Landis.
Hanoe Swisher.
Velverig Longnegir.
Hauce Ormer.
Henerig Coughanour.
Martyn Ormer.
John Rutter.
Jacobus Ormer.
Henry Parker.
Matieas Ringer.
Andrew Sickleer.
Henry Buckholts. Jacob Buckholts. Johanns Howbert.
Hance Wolfmiller.
John Rumford.
Henry Castelt.
Isreal Robinson.
Jehanas Colb.
Thomas Miller.
In 1719 it was called "Skoolkill District," and in- cluded the. Nantmeal settlements. (Sce Coventry town- ship.) In 1721 the two districts are assessed together under the name of " Skoolkill."
" At a Council held at Philadelphia, February 1st, 1721 A Petition from divers Inhabitunts on the South side and adjacent to the River Schuylkill, in this province, having in the year 1720 been presented to the Assembly, setting forth, That they the said Inhabitants bad formerly been and then were rated in the County of Philadelphia, and yet were at that time called upon to pay their Rates to the County of Chester, no Division Line being run between the said Counties, and therefore praying that such a Line might be run, the said Petition was, by an Order of the House of the 4th of May, in said year referred to the Consideration of the Governour and Council for the Petitioners Relief, and at a Council held on the Sth day of June following, by order of the Board, the Secretary was directed to inquire of the Situ- ation and Case of the Petitioners, and report his opinion thereupon to the Board. And Warrants from the Commissioners of both the said Counties, together with their respective Taxations of the said Inhabit- ants in both Counties, to their great Oppression, being now produced to the Board, the Secretary was called upon to make his Report in pur- suance of the aforementioned Order.
" Accordingly the Secretary reports, That He has not been able to find out any anthentick Act or order by which the said Counties have been divided, hut that He finds, At the first Settlement of the Country under that Proprietor, the Creek or Run on this side of Darby, called Cobs Creek, made the first Division of those Counties in the lower parts towards the River Delaware, as far back from the said River as Haver- ford township; That in the printed maps there is laid down from thence a priok'd Line for the Division of those Counties by the side of Haverford Township, departing from the said Cob's Creek to the East- ward, and again above the sd. Townships, taking another Turn further to the Eastward to leave John Holland's ond some other Lands on the side of Radnor Township to Chester County; And that thence the same Line is continued from thence streight to Schuylkill, dividing Lætitia Pean's Mannor almost in the middle and laying part of it to each County ; That he is apprehensive This was done arbitrarily by the Surveyor General without any authority for the same at the time the Map was made, and that in his Opinion it would have been more regular to carry the Division Line along the side of Radnor and the upper part of that called the Welch Line, laying all those Tracts called Mannors to Philadelphia County, as in all appearance they were at first intended by the Proprietor; That he finds most of the Peti- tioners past over Schuylkill from the Settlement on the Eastern Side of it, which were considerable before there were any of note on the Western Side so high up that River, and accounting themselves to he still in Philadelphia Connty, as they had been hefore they passed the River, they were accordingly taxed in the township for- merly called Mahanatawny, but now Amity Township, there being no practicable Road nor convenient Communication between those parts und Chester. That this is what He can as yet discover relating to thut affair, which he humbly submitts to the Board, with his Opinion, that this matter ought with out Delay to be further Settled.
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