History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 13

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162

USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 13

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"Your Loving Friends."

An extra session of the Assembly was called to join with the Council in a representation of the troubles between the two provinces to the king.

" The Examination of Sarah Southby upon her oath saith yt upoo. ye 16 day of this Instant, 9br, at ye house of Willm Downard, John Owen ye High Sherife being there, as she heard, to take Charles Hick. iobotom, she saw John Star take down a Gun but saw him do no more, and saw John Henthorn knock down a man so yt ye blod Run out of his head, and saw James Henthorn and Mary Henthorn strick with stickes, and saw Jean Downard throw scalding broath and a stone at ye Sherife which hit his shoulder, and saw Daniell Oneall strick ye Sherife with his fists and then went and got a how and ihrened to strick soy yt Came near him, and then he went and Cald the Hen- thorns who knew nothing of it before.

"taken before me

" ADRA : EMMIT."

Deposition of George Aston, 1736 :

"George Acton, of the County of Chester, in the Province of Pen- silvania, Sadler, aged abt Fifty Years, being one of the People Called Quakers, upon his Solemn Affirmation, according to Law did Declare and Affirm, That upon some Conversation happening between Thomas Cresap, Robert Buchanan & this Affirmit on the road in Sight of the City of Philadelphia, upon bringing tho sd Cresap down from the County of Lancaster, The said Cresap Said, Damn it, Aston, this is one of the Prettyest Towns in Maryland. I have been a troublesome ffellow, but by this last Jobb I have made a present of the two prov- inces to the King, and that if the people found themselves in a better Condition by the Change, they might thank Cresap for it, or words to that Effect.

" Philadelphia Decbr 3d 1736.

"Taken before me,

"CLEM. PLUMSTED, Mayor."

" GEO. ASTON.

Cresap was kept in irons for some time, but what dispo- sition was eventually made of him the colonial records do not show, except that his case was left to the judges of the Supreme Court who ordered his arrest.

The condition of the public buildings at this time ap- pears, by the following, not to have been very creditable :

" To the Commissioners and Assessors of the County of Chester :

"The Petition of Joseph Parker of Chester Humbly Sheweth

"That Whereas your Predecessors as the Guardians of the Publick found an absolute Necessity for Erecting a Court house with other Buildings for the better Accomodating the administration of Justice which said Court house was at the Publick Expence Furnished with Tables, Chairs, fire shovels, Tongs, Doggs, fenders, so many as was Reasonably adjudged Necessary, And also procured AN ORDER to be Incerted amongst the Records of the said County, by the advice of the Late Chief Justice, that the Clerk for the time being should Deposite ALL THE RECORDS of the said County therein, as & place of greatest security from accidents by fire, &c: and your Petitioner makes no Doubt but your Predecessors as well as your eelves appointed propper Persons to take Care of the same But whoever the Persons Charge the same was Committed to It is Apparent to Every Person that will make use of. his Eyes that the Doors are most Commonly Left Open for Horses and Cattle to go in and out at Pleasure, the Furniture broke and Exceedingly Diminished, aod the place made a Comon Stage whereby Rude people Breaks the windows, Treads down the Ceiling and Commits many Disorders, which, if not timely Prevented, must End in the Ruin thereof, Ae the great Danger which proceed by the person Iotrusted by you with the Care thereof In making the same & Dwelling house and keeping Fires therein for some months Together. What I therefore wo'd Desire that you would not think this Complaint below your Notice but take such proper order for Rem- edying the mischiefs Complained of as to you may seem most proper & Convenient

." I am your Friend To Command

" JO PARKER.

" Jany 24th 1737."

"Memorandum that the Commissioners & Assessors of Chester Connty have (ye first day of March, 1737-8) agreed with John Owen to repair the Court House after the manner herein mentioned (viz) The Lower floor and the Bar and to provide Convenient Seats for the Petty Jury to sitt on when in Court, and to repair the windows and shutters below stairs and above and the Chimney case in the Grand Jury room and to repair the Three Tables belonging to the several rooms. above stairs and the Benches and to fix & Turn'd Column or Pillar to Support the Ceiling where the Bell ropo comes thro' and to cause the Ceiling to be Repaired, and to Provide as many Boards 88 may lay a ffloor over the ed Ceiling and to make & put up shuttere for the Belfry (or place where the Bell hangs) and Likewise to make & window in the Gable End in the Garret or Upper Room and glaze the same, and to Endeavour to procure (with the help of Joseph Parker,). the Chairs that is wanting belonging to the Court House as also the Tongs and fire Shovels, and that the said John Owen accomplish or Cause to be accomplished the aforesd respective articles by the first day of next May Court to be held at this County of Chester In Coa- sideration of the Performance of the said work the said John Owen bath been allowed an Order on the Treasurer for five Pounds towards the same & providing Materials

"CHESTER, March ye 1, 1737-8." JOHN OWEN."

John Owen appears to have purchased rivets, hooks, nails, etc., from Jacob Lightfoot, in April and May, to the value of two pounds thirteen shillings five pence, for repairs of the court-house.

On June 29, 1737, Elisha Gatchell, Esq., of East Not- tingham, being at the tavern of Thomas Hughes, in that township, there came five men on horseback, said to be from the Maryland garrison, commanded by Captain John Charlton, and after beating aud abusing him, they took him with them on a horse belonging to Joshua Littler, which happened to be at the door. After crossing Susquehanna,

GENERAL HISTORY.

they spent the night at one Nicholas Savor's, a mile or two beyond, and the next day went to a public-house kept by one Hickeson, where came John Copson, one of the pro- vincial judges of Maryland, to whom Thomas Hughes had gone with dispatch the previous evening. Copson would have released Gatchell and bound over the others but for Nathaniel Righy, a justice of Baltimore county. He was held to bail for his appearance at the Provincial Court of Maryland in October. The representations of both sides having been laid before the king in council, an order for the cessation of all tumults and prosecutions was received bere soon after, and the agreement of 1732 was directed to be carried out. Under this, a provisional line was to be run, fifteen and a quarter miles south of Philadelphia, as far as the Susquehanna, beyond which it was to be but fourteen and three-quarter miles south of the same point.

In 1739 war was declared against Spain, and an expedition planned against the West Indies, of which Governor Thomas gave notice in a proclamation dated April 14, 1740, and encouraging enlistments for this "glorious undertaking." Two days later the following advertisement appeared in the Gazette :

" By the Governor's Command. Notice is hereby given to all such as shall be willing to inlist in the important Expedition now on Foot for attacking and plundering the most valuable Part of the Spanish West Indies to repair to the following gentlemen and subscribe their Names till a General Rendezvous shall he ordered at Philadelphia, viz :

* # * *

"Chester County : Henry Hockley, James Mather, Robert Finney, Lazarus Finney at Flying Hill [Thunder Hill ?].

* # * #

" The said Gentlemen are strictly enjoined not to discover any Per- son's Name that ahall he desirons to have it concealed.

"PHILADELPHIA Apr. 16, 1740."

As a result of this there was soon complaint of the en- listment of bought servants, which the Governor refused to discountenance. The Assembly was appealed to, but all they could do was to reimburse in some measure the mas- ters for their losses. On June 3, 1741, orders were signed and delivered to James Gibbons and Samuel Levis for the payment, by the trustecs of the loan office, of £515 11s. 9d., for 58 enlisted servants from Chester County. The next day was read a petition from Anna Nutt & Co., owners of iron-works at Coventry and Warwick, represent- ing that ten servants had been taken from them by enlist -. ment, some of them colliers, which had put a stop to the works, with several hundred pounds' damage to the peti- tioners. On July 22d an additional aum of £84 11s. 11d. was ordered to be paid on account of enlisted servants, and subsequently Enoch Pearson received £7 10s., and Abra- ham Emmit £3 13s. 7d., for the loss to each of a servant.

Thomas Penn returned to England in 1741, with the expectation of coming again to this country to live, but this he never did.

At the instance of the Grand Jury and some of the sub- stantial inhabitants of Chester County, complaining of abuses practiced in that county by the use of defective weights and measures, the justices petitioned the Gover- nor for the appointment of a regulator of weights and measures. Isaac Taylor received the appointment. The petitioners allege that " they have directed the purchasing

of standards of brass for weights and measures, according to his Majesty's standards for the Exchequer." These standards were procured by Thomas Morgan, and cost the county £17 12s. 11d.

The jail and court-house both appear to have been sub- jected to some renovation about this time. An order was passed by the commissioners in favor of Nathan Worley " for £10, for planks for flooring the two dungeons East side of the prison and laying the floors &c .; " and one in favor of Thomas Morgan " for £5 11s. 6d., for 150 lbs. spikes for laying the Dungeon's floors." There was also an order of £5 for plastering and ceiling the prison ; and one of £26 for repairing and painting the court-house and prison ; and another of £14 4s. for a well in the work-house yard. Still other repairs were made the next year.

In the trial of criminal cases, it appears to have been the practice since the early settlement of the province only to employ counsel in those of serions import. In these cases the most able counsel in the province were engaged. The following minute from the commissioners' books shows the amount of compensation allowed in such cases :

1742: " Allowed John Kinsey Esq' an order on the Treas for the sum of £3 128. being his feea as Kings attorney at the tryall of James O'Donnelly and Richard Graham, 26th of May last."

Besides the counsel, there was another officer specially employed for trials in the Oyer and Terminer, aa will be seen by another minute :

" Allowed John Ross, Gent. an order on the Treasurer for the sum of three pounds ten ahillings, for officiating as clerk of the Crown at a Court of Oyer and Terminer held at Chester, for the tryal of James O'Donnelly & Richard Graham, the 26th of May last."

Richard Graham was sent away in the " Privateer," for which additional fees were allowed.

"Sepr 10, 1742.

" ffrd Richard Peters

" From the best judgment I can make of the inclination of the People of Chester county respecting the Elections I have hopea that (with good industry) three of the present members may be removed, viz., Harvey, Hughes and Tatnal; and, if you and Mr Plumsted & Mr Allen would but request some of the most active & well disposed men in our county to rouse up & endeavour for a change it must needs be of aingular nao. The only persons I know that want animating who would use such directiona with discretion are Joseph Brinton, Joseph Bunsall, John Parry, Henry Hockley, John Miller, Adam Boyd, Job Ruston, Francis Allison & Robt Cathcart

" I am yr assured ffrd [John Taylor]."

THE " ASSOCIATORS."

War was declared by England against France March 29, 1744, of which notice was given here by a proclamation of Governor Thomas, June 11th. Chester County was not the seat of active operations, but we find that in January, 1746-7, petitions were presented to the Assembly by James Mather, David Cowpland, John Salkeld, and Aubrey Bevan, tavern-keepers of Chester, for the diet of Captain Shannon's company of soldiers. Dr. Gandouit asked for payment for medicines and attendance on sick soldiers. Some apprehensions were felt lest the Indians should join with the French, as they afterwards did; and as the Assembly declined to pass any effective militia law, the subject was left for voluntary action. A number of persons of military: proclivities joined together under the name of " Associa-

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

tors." A regiment was organized, principally in the town- ships of East and West Nantmeal, Uwchlan, West Caln, and Charlestown, with William Moore as colonel. Com- missions were granted to the officers February 8, 1747-8. According to the " Second Archives," ii. 506, the " officers of the two Associate Regiments of Chester County" at that date werc as follows :

Colonels .- William Moore, Andrew McDowell.

Lieutenant-colonels .- Samuel Flower, John Frew.

Mojors .- John Mather, John Miller.

Captaine.

1. David Parry.

14. John Mather.

2. Roger Hunt.

15. James Hunter.

16. John Miller.

3. George Aaton.

4. William McKnight.

17. William Clinton.

5. Moses Dickey. .

6. Richard Richison.

7. Andrew McDowell. .

8. John McCall.

9. George Taylor.

22. Joseph Wilson.

10. James Graham.

23. Henry Glassford.

11. Robert Grace.

12. Hugh Kilpatrick.

25. William Reed.

26. William Porter.

Lieutenants.

1. Isaac Davis.

14. James Mather.

2. Guyon Moore.

15. Charles Moore.

3. Robert Morrell.

16. George Bentley.

4. Robert Anderson.

17. Morris Thomas.

5. John Boyd.

18. John Rees.

6. John Cuthbert.

19. Thomas Leggitt.

7. John Cunningham.

20. Joseph Smith.

8. John Culbertson.

21. Robert McMulleo.

9. John Vaughan.

22. James Cochron.

10. William Darlington.

23. Robert Allison.

11. Jobo Kent.

24. John Culbertson.

12. William Buchanan.

25. Thomas Hope.

13. James McMakin.

26. Robert Mackey.

Ensigns.

1. Nathaniel Davis.

14. Joseph Talbot.

2. William Little.

15. Benjamin Weatherby.

3. Edward Pearce.

16. Thomas Brown.

4. Samuel Love.

17. William Corr.

5. James Montgomery.

18. Anthony Prichard.

6. John Hambright.

19. Archibald Young.

20. James Dysart.

8. James Scott.

21. Rowland Parry.

9. Robert Awl.

22. Joseph Parke.

10. Francis Gardner.

23. John Emmitt.

11. Jacob Free.

24. John Donald.

12. William Cumming.

25. Thomas Clarke.

13. Jobn Johnson.

26. John Smith.

ERECTION OF BERKS COUNTY, 1752.

An act of Assembly was passed March 11, 1752, for the erection of Berks County out of parts of Philadelphia, Chester, and Lancaster Counties, in which the bounds were defined as follows :

"By a Line at the Distance of ten superficial miles, southwest from the Western Bank of the River Schuylkill, opposite to the mouth of a Creek called Monocacy, to he run North West to the Extremity of the Province, and South East until it shall intersect the Line of Chester County, then on one strait line crossing the River Schuylkill afore- said, to the Upper or North Westward Line of McCall's Manor," eto.

It was further provided that Edward Scull, of Philadel- phia County, Benjamin Lightfoot, of Chester, and Thomas Cookson, of Lancaster, should, within six months, mcet

together, and run, mark out, and distinguish the boundary line between those counties and the county of Berks.

The territory taken from Chester County by this act could not have been very large, if we judge from the assess- ment lists. The only townships affected thereby were Cov: entry, East and West Nantmeal. The number of taxables for two years are here given :

Coventry

90 93

East Nantmeal.

105

West Nantmeal. 142 . 166

CHANGE OF STYLE.

In " The great Law or the Body of Laws of the Province of Pennsylvania and Territories thereunto belonging, Past at an Assembly held at Chester (alias Upland), the 7th day of ye 10th month, called December, 1682," the 35th sec- tion reads as follows :

" 35. And Be it further enacted by the authority aforesaid, that the dayes of the Week and ye months of the year shall he called as in Scripture, & not by Heathen names (as are vulgularly used) as the first, Second, and third days of ye Week, and first, second, and third months of ye year, and beginning with ye Day called Sunday and the month called March."

An act passed in 1710 reads thus :

"WHEREAS, the Generality of the Inhabitants of this Province do conscientiously scruple to call the Names of the Months as they are usually called, but the Month which others call March they call the First Month, end the Month commonly called April, the Second Month, and so of the rest of the Months of the Year; and the Dates of many Deeds, Conveyancea, and other Writings, as well as the Times of Pay- ment of Money, are accordingly mentioned and expressed. Now, for- asmuch as Disputes and Controversies may hereafter arise concerning the Premises, BE IT THEREFORE ENACTED, &c., That all Deeds, Con- reyances, Mortgages, Letters of Attorney, or Powers of Agency, Com- missions, Bonds, Billa, Charter-Parties, Leases, Releases, Contrects, Articles, Receipts, and all other Instruments and Writings whatso- ever, wherein the Names of the Months are called First, Second, Third, Fourth, instead of Morch, April, May, June, and so of the rest, always accounting the Month called March to be the first Month of the Year, shall and are hereby enacted and declared to he aa good and available, and may be pleaded, and shall be deemed, adjudged, and taken in all Courts of Judicature, and elsewhere within this Province, to be as valid ond effectual in. Law, to all Intenta, Con- structions, and Purposes, as if the Months in such Writings had been get down and expressed by their usual names, any Law, Custom, or Usage to the Contrary thereof in anywise notwithstanding."

Instances are said to have been observed in old writings wherein this numerical style was used before the advent of the Society of Friends. Some authors have erroncously stated that prior to 1752 the year began with the 1st of March, and errors are almost universally made at this age by persons in changing the style of dates prior to that.time from the numerical to the nominal, or vice versa. An orig- inal entry is found, as for instance, 10th month 15th, 1730, and it is at once converted into October 15th, etc., whereas it should be made December, if changed at all. On the other hand, the Quaker descendant of other ances- tors finds in the family Bible record the names of the months, and changes February, 1674, to second month, 1674, whereas it was the twelfth month of that year, or otherwise the second month of 1675 by the present style.

In the computation of time throughout Great Britain and its dependencies, up to the 31st of December, 1751, what was known as Old Style continued to be used,

1750.

1753.

18. Thomas Hubbert, Jr.

19. George Leggitt.

20. Job Ruston.

21. William Bell.

13. John Williamson.

24. William Boyd.

7. George Mccullough.

RES. OF JOHN S. HOPE (NEAR COATESVILLE) CHESTER CO. PA.

SAND HILL."

RES. AND FARM OF SAM! A. LAWRENCE WEST CALN - CHESTER CO PA.

RESIDENCE OF SAMUEL CORNETT. SCHUYLKILL TR. CHESTER CO. PA.

GENERAL HISTORY.

although in Catholic countries the Gregorian or reformed calendar had been in use since 1582.

By an act of Parliament passed in 1751 it was enacted that

"The supputation, according to which the Year of our Lord begin- neth on the 25th Day of March, shall not be made Use of from and after the last Day of December, 1751, aod that the first day of Jaou- ary next following the said last Day of December, shall he reckoned, taken, deemed, and accounted to be the first Day of the Year of our Lord 1752," and so on from time to time. " The first Day of January io every Year which shall happen in Time to come shall be reckoned, taken, deemed, and accounted to be the first day of the Year, and that each New Year shall accordingly commence and begin to he reckoned from the first Day of every such Month of January."

It was also directed that " The natural Day next imme- diately following the second Day of September in the Year 1752, shall be called, reckoned and accounted to be the fourteenth Day of September, omitting for that Time only the eleven intermediate Days of the common Calendar."

Whether there was any official promulgation of this act has not been observed, but the Society of Friends in Eng- land, by their representative committee, known as the " Meeting for Sufferings," issued an epistle, dated 7 mo. 6th, 1751, " To the Quarterly and Monthly Meetings of Friends in Great Britain, Ireland, and America," reciting the act of Parliament, and advising the observance thereof.

In this work the dates are, with few exceptions, given as written at the time, and it may have been observed that between the 1st of January and 25th of March two years are mentioned, thus, 1724-5. The reason of this seems to have been that, although the ecclesiastical, legal, or civil year began on the 25th of March, yet the historical year, from the time of the conquest, 1066, began on the 1st of January, and it was intended to be understood that it was 1724 by the former, and 1725 by the latter, computa- tion.

Standing in the pillory was rarely resorted to as a mode of punishment by the justices of Chester County. At the February term, 1753, one Owen Oberlacker, alias John Bradley, upon being convicted of "speaking seditious words," was sentenced to stand in the pillory one hour, with the words, " I stand here for speaking seditious words against the best of Kings, wrote in large hand, to be affixed to his back." In addition to this punishment, twenty-one lashes upon his bare back were to be inflicted the same day.

THE FRENCH AND INDIAN WAR.

In 1753 the French invaded Western Pennsylvania, in pursuance of their grand scheme to secure the possession of the valley of the Mississippi. The next year witnessed open conflict and bloodshed between the English and French in that quarter, and ended with the latter in undis- puted possession. These had endeavored, and in the end with success, to win the savages to their side, which was more readily accomplished on account of the intrusion of settlers within the territory to which they had not sur- rendered their claim.

In the spring of 1755 a number of troops arrived in Virginia from England to aid in the defense of the Ameri- can possessions. In conjunction with a considerable num- ber of colonial troops, they were placed under the command

of General Braddock, and constituted the expedition de- feated by the French and Indians near Fort Du Quesne. The news of this defeat aroused great excitement and alarm, and petitions poured in upon the Assembly from all parts of the country to take measures for protection.

The disputes between Governor Morris and the Assem- bly, in which the Quakers still had a majority, were con- stant, and unfortunately were not conducted with that spirit of moderation and forbearance that should have pre- vailed in a period of so much difficulty and danger. The Assembly could not vote money specifically for carrying on the war, and in providing means " for the king's use" they desired to issue an additional amount of paper money. This was opposed by the Governor under proprietary in- structions. Another difficulty arose in providing for the assessment of a heavy land-tax. The Assembly included the proprietary lands in the assessment, and the Governor so far forgot himself as to accuse that body with having included these lands for the purpose of defeating the bill ; especially did he censure Dr. Franklin, whom he regarded as the author of this measure. Notwithstanding the alarm- ing condition of the country, there were those who en- deavored to stir up sedition. For that offense one John Costello was in 1755 convicted by the court at Chester, and sentenced to stand in the pillory one hour on two succes- sive days, wearing the insignia of his crime, as in the case of Owen Oberlacker.

No act could be passed by the Assembly to compel per- sons to take up arms in defense of the province, or to or- ganize the militia for that purpose, but the Quakers threw no obstacle in the way of those whose scruples did not pre- vent them from performing military duty, and even went so far as to enact a law " for the better ordering and regu- lating such as are willing and desirous to be united for military purposes within this Province." The appropri- ations for " the king's use" were, indeed, by no means nig- gardly : an act granting £60,000 was passed this year, and one for £30,000 in the year following. Such acts continued to be passed from time to time while the Quak- ers still maintained their ascendency in the Assembly.

Of those who joined the military service from this county we have no definite account. The records of Friends show that several of their members were disowned for taking part in warlike measures. In the public expenditures we find charged, March 2, 1756, " To Capt. George Aston, for himself and Company's pay, £240 15s. 4d.," and on the 20th, "To Capt. Isaac Wayne, for himself and Company's pay, £190 2s. 3d."*

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 13

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928 Publication date: 1881 Publisher: Philadelphia, L. H. Everts Number of Pages: 1162

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162