History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 40

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 40

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In pursuance of this appointment, the line was run from the Schuylkill to the Susquehanna. As near as we are able to trace its course, it entered the present limits of Chester County a little south of the Westtown school ; crossed the Wilmington road near where John Noble now resides, about one mile south of West Chester, and the east branch of Brandywine north of Jefferis' Ford ; passed a short distance south of Marshallton, and of the Cliester County Almshouse; crossed the west branch of Braudy- wine and Buck Run near Laurel Iron-Works, and Buck Run again about Newlin's mill; crossed the Limestone road (then an Indian path) about where James Reid now

resides, in Highland township; crossed Glen Run a short distance south of Penningtonville, and the Octorara Creek south of Nobleville; thus passing in its course through the present townships of Thornbury, Westtown, West Goshen, East Bradford, West Bradford, Newlin, East Fal- lowfield, Highland, West Fallowfield, and Sadsbury. At that time the whole country through which it passed in this county had few inhabitants except the Indians.

At a meeting of the Provincial Council, held on the 22d day of September, 1685, information was received from Capt. Lasse Cock that the Indians were willing to dispose of their lauds between Upland and Appoquinamy. The following is the notice of it on the minutes of the Council :

" Information being given to ye Council, by Capt. Cock, of ye Indi- ans' willingness to sell all their right and claim to the land between Upland and Appoquinamy, as far backward as they have any claim thercunto, and that they proposed a mecting at Widow Senlcop's on ye 29th inst., in order to treat about ye same; the Council thought fit to order Capt. Thomas Holmes, John Symcock, and ye Secretary, or any two of them, to be at ye place aforesaid, with full power to treat, and compleat ye purchase with them, and to call to their assistance what members of ye Council can conveniently be there."

The result was the following deed, made Oct. 2, 1685 :

" This Indenture witnesseth, that we, Lare Packenah, Tareekbam, Sickais, Pettquessit, Terois, Essepenaick, Petkhoy, Kekclappan, Feo- mus, Mackaloha, Melleonga, Wissa-Powcy, Indian Kings, Sachem- akers, right owners of all the lands from Quing Quingus, called Duck creek, unto Upland, called Chester creek, all along by the west side of Delaware river and so between the said creeks backwards, as far as a man can ride in two days with a horse, for and in consideration of these following goods, to us in hand paid and secured to be paid, by William Penn, Proprietary and Governor of the Province of Pennsyl- vania and Territories thereof, viz: Twenty gunns, twenty fathom match-coat, twenty fathom stroudwaters, twenty blankets, twenty kettles, twenty pounds powder, one hundred barrs lead, forty toma- hawks, one hundred knives, fourty pare stockings, one barrel of beer, twenty pounds red lead, one hundred fathom wamphum, thirty glass bottles, thirty pewter spoons, one hundred awl blades, three hundred tobacco pipes, one hundred hands of tobacco, twenty tobacco tongs, twenty steeles, three hundred flints, thirty pare sissors, thirty combs, sixty looking-glasses, two hundred needles, one skiple salt, thirty pounds shuger, five gallons mollassis, twenty tobacco boxes, one hun- dred Juise-harps, twenty hows, thirty guimlets, thirty wooden screw borers, and one hundred strings beads; We hereby acknowledge in behalf of ourselves, as only right owners of the aforesaid tract of land, to bargain and sell, and by these presents, doe fully, clearly and absolutely, bargain and sell unto the said William Penn, his heirs and assigns, for ever, the aforesaid tract of land, with all the wood, rivers, creeks, and appurtenances, unto the same belonging, to be held, used, possessed and enjoyed, by the said William Penn, his heirs, and assigns forever, without any molestation or hindrance from, or by us, or any of us, and from or by any other Indians whatsoever, that shall or may claime any right, title or interest, in or unto the said tract of land, or any part thereof. In witness whereof, we have hereunto set our hands and seals, at New Castle, the 2d day of the eighth month, 1685.

"Signed, sealed and delivered unto Capt. Thos. Holme, Surveyor General of ye Province of Pennsylvania, to and for ye use of William Penn, Esq., Proprietary and Governor of ye aforesaid Province, and Territories thereunto belonging."

In 1706 a purchase was made of lands on the Brandy- wine. The following memorandum of it is taken from the minutes of the commissioners of property :

"Be it remembered that on the tenth day of September, 1706, all the Commissioners present, at the repeated complaints of the inhabit- ants on Brandywine, whose lands had nevor been purchased of the Indians, the Commissioners agreed with Sheehonickan, the Chief of the Indians there, to buy off their claims for one hundred pounds of Pennsylvania money."

146

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

Those who can trace the titles of their farms back to these representatives of the red men may feel reasonably secure in the enjoyment of their possessions.

On the 17th of September, 1718, a deed of release was made by sundry Delaware Indian chiefs, viz., Sassoonah, Meetashechay, Ghettypeneeman, Pokehais, Ayamackan, Opekasset, and Pepawmaman, for all the lands situate be- tween the rivers Delaware and Susquehanna, from Duck Creek to the mountains on this side Lechay, with an ac- knowledgment that they had seen and heard divers deeds of sale read unto them, under the hands and scals of former kings and chiefs of the Delaware Indians, their ancestors and predecessors, who were owners of said lands, by which they had granted the said lands to William Penn, for which they were satisfied and content, which, for a further con- sideration of goods delivered them, they then confirmed.

Duck Creek, referred to in these deeds, is the southern line of New Castle Co., Del. These several grants extin- guished the Indian title to the whole of the lands in Ches- ter County.

The Indian claim to the Brandywine, and one mile wide on each side, was by virtue of an alleged grant from Wil- liam Penn on the sale of their lands to him. Some inter- esting papers in relation to this claim will be found under the head of Newlin township.

The signatures, or marks made by the Indians in ex- ecuting these deeds, are very curious. They are generally rnde representations of some object or animal. Those who feel interested in the subject of Indian antographs will find a considerable collection of them in the Pennsylvania " Archives," vol. i. page 100.

On the 26th of May, 1728, the Governor and some members of Council, and others, went to the Indian town of Conestogoe, and there held a conference with the In- dians. Among those present were Oholykon, Peyeaskicken, and Wikimikona, chiefs of some of the Delaware Indians on Brandywine. Presents were made, and the "ancient friendship renewed."

Another conference was held at Philadelphia, on the 3d of June, 1728, at which Sassoonan, or Allumwapees, king of the Delawares, and a large number of Indians were present. An address was made by Sassoonan, in which he complained that the Christians had settled on lands which the Indians had never been paid for, and that they occu- pied his lands, for which he had never received anything. In reply, the deed of release of the 17th of September, 1718, was exhibited, and he and Opekasset, two of those who had executed it, viewed their marks, and acknowledged that it was all truc, and that they had been paid for all the lands therein mentioned, but that lands beyond the bound- ary therein described had been occupied and not paid for. A question thus arose as to the extent of the grant, the English contending that it reached a greater distance northward than the Indians were willing to concede. The matter was amicably adjusted, and the Governor concluded an address to them as follows :

" We have now brightened the chain and strengthened our League, and we are as one people. I have commanded all the English, by a printed proclamation published through all tho country, to be kind to the Indians, which you shall hear read to you and interpreted.

" What I have further to desire of you is, that you would send some

trusty people amongst the neighboring Indians, and if you can, to the Five Nations, to acquaint them with what had passed between us, and give them shoes and stockings (presenting six pair to each), for the use of those who are to travel, that they may the better bear their journey. I shall also give you bread, pipes, and tobacco, with five gallons of Rum, to comfort and support you in your return home."

DISPOSAL OF LANDS TO SETTLERS.

By virtue of his charter William Penn became the owner of the territory of Pennsylvania, subject to the Indian titles, and excepting that portion previously pos- scssed by the Swedes, Dutch, and English along the Dela- ware, to which, as before related, the Indian title had been already extinguished.

If the charter, says Sergeant, had contained nothing more on the subject, the grants of land made by William Penn, and by his heirs and successors, must have been, by the English law, to hold of the crown in the same manner he did. The statute Quia Emptores enacted "that it shall be lawful for every freeman to sell at his own pleasure his lands and tenements, or part of them, so that the feoffee shall hold the same of the chief lord of the same fee, by such service and customs as his feoffer held them." The non obstante clause in the charter dispensed with this pro- vision, and allowed the proprietary to alienate to others, who should hold directly of him, and not of the king, who was the chief lord of the fee.

Having secured title to the province, Penn published an account of Pennsylvania for the information of those who might desire to emigrate thither, in which certain condi- tions are set forth : first, to purchasers ; second, to those taking up land upon rent; and, third, as to servants. In regard to the first, the shares were to be certain as to the number of acres ; each to contain 5000 acres free from any Indian incumbrance. Price £100, and one English shilling quit-rent for 100 acres; quit-rent not to begin till after 1684. Second, renters to pay one penny per acre, not to exceed 200 acres. Third, the masters to be allowed 50 acres per head, and 50 acres to every servant when his time expired, at a yearly rent of a half-penny sterling per acre.

A large amount of land was soon disposed of, and on the 11th of July, 1681, were signed " certain conditions or con- cessions agreed upon by William Penn, Proprietary and Gov- ernor of the province of Pennsylvania, and those who are the adventurers and purchasers in the same province." These consisted of twenty articles, of which the first ten related more particularly to the survey and settlement of the lands, and as reference will be made to some of them hereafter, we shall give them in full :

"I. That so soon as it pleaseth God, that the above said persons arrive there, a certain quantity of land, or ground plat, shall be laid out for a large town or city, in the most convenient place upon the river for health and navigation ; and every purchaser and adventurer shall, by lot, have so much land therein as will answer to the propor- tien which he hath bought or taken up upon rent: but it is to be noted that the surveyors shall consider what roads or highways will be necessary to the cities, towns or through the lands. Great roads from city to city, not to contain less than forty feet in breadth, shall be first laid out and declared to be for highways, before the dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the towns and cities, that there may be conven- ient roads and streets preserved, not to be encroached upon by any planter or builder, that none may build irregularly to the damage of another. In this, custom governs.

"HILLSDALE." RESIDENCE OF GEORGE MARCH, WEST BRADFORD.

Purchased by Abraham Marshall, 1703; settled 1707.

"DERBYDOWN." RESIDENCE OF ABRAHAM MARSHALL, WEST BRADFORD.

RESIDENCE OF COL. W. B. MENDENHALL, COATESVILLE.

RESIDENCE OF GEORGE MARTIN, POCOPSON.

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PROPRIETARY INTERESTS AND LAND TITLES.

" II. That the land in the town be laid out together after the pro- portion of ten thousand acres of the whole country, that is two hun- dred acres if the place will bear it; however, that the proportion he by lot, and entire, so as these that desire to be together, especially those that are by the catalogue laid together, may be so laid together both in the town and country.

"III. That when the country lots are laid out, every purehaser, from one thousand to ten thousand acres or mere, not to have above one thousand acres together, unless in three years they plant a family upon every thousand acres, but that all such as purchase together, lie together; and if as many as comply with this condition, that the whole he laid out together.

"IV. That where any number of purchasers more or less, whose number of aeres amounts to five or ten thousand acres, desire to sit together in a lot or township, they shall have their lot or township cast together, in such places as have convenient harhors er navigable rivers attending it, if such can be found ; and in case any one or inore purchasers plant not according to agreement in this concession, to the prejudice of others of the same township, upon complaint made thereof to the governor or his deputy, with assistance they may award (if they see cause) that the complaining purchaser may, paying the sur- vey money, and purchase money, and interest thereof, be entitled, enrolled and lawfully invested in the lands so not seated.

"V. That the proportion of lands that shall be laid out in the first great town or city, for every purchaser, shall be after the proportion of ten aeres for every five hundred aeres purchased, if the place will allow it.

"VI. That notwithstanding there be no mention made in the several deeds made to the purchasers, yet the said William Penn does accord and declare that all rivers, rivulets, woods and underwoods, waters, water-courses, quarries, mines, and minerals (except mines royal), shall be freely and fully enjoyed and wholly by the purchasers, into whese lot they fall.

" VII. That for every fifty acres that shall be alleted to a servant at the end of his service, his quit-rent shall be two shillings per annum, and the master er owner of the servant, when he shall take up the other fifty aeres, his quit-rent shall be four shillings by the year, or, if the master of the servant (by reason in the indentures he is se obliged to do) allet out to the servant fifty aeres in his own division, the said master shall have, on demand, allotted him from the Governor, the one hundred acres at the chief rent of six shillings per annum.

"VIII. And for the encouragement of such as are ingenious and willing to search out gold and silver mines in this province, it is hereby agreed that they have liberty to hore and dig in any man's property, fully paying the damage done; and in case a discovery should be made, that the discoverer have one-fifth, the owner of the soil (if not the discoverer) a tenth part, the Governor two-fifths, and the rest to the public treasury, saying to the king the share reserved by patent.

"IX. In every hundred thousand acres, the Governor and Proprie- tary, by lot, reservethi ten to himself, what shall lie but in one place. "X. That every man shall be bound to plant er man so much of his share of land as shall be set out and surveyed, within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares."

The remaining articles relate to trading with the Indians and other matters. These conditions were framed without the benefit of much experience, and a clause was wisely added allowing additions or corrections to be made, with the consent of the parties subscribing. It is scarcely neces- sary to say that they were not very closely adhered to. In the same year William Penn sent out commissioners to select a site and lay out a town in accordance with the said con- cessions, and ordered " that this town shall be laid out for the present purchasers." The commissioners were William Crispin, William Haige, John Bezer, and Nathaniel Allen; the first being also appointed surveyor-general, but died before his arrival. Thomas Holme was next appointed surveyor-general, and arrived in the province in June, 1682. He, with the other commissioners, proceeded to lay out land

for the great town. William Penn remained in England selling his land, and it was probably about the time Holme sailed for Pennsylvania that he was furnished with a list of those who had become purchasers. These were divided into sections, each section being purchasers of 10,000 acres, from which we may infer an intention to carry out the idea contained in the fourth article of " conditions and conces- sions." Penn continued to sell land until he sailed for his province, where he arrived in October, 1682. The great town was then divided into two parts, called the City and Liberties of Philadelphia, in each of which the purchasers were to have lots. Those who came over and wished to have their land surveyed to them applied to the proprietary, who granted warrants directed to the surveyor-general, who in turn ordered his deputies to execute them. After the survey patents were granted, in which descriptions of the land were given. Many of the purchasers did not come over, but some of these were represented by their agents or friends, who procured surveys of their land for them.

The first conveyances by the proprietary were by deeds of lease and release executed in England, the release being dated the next day after the lease. The grantees have been termed " first purchasers," and the grants, which had pecu- liar privileges attached by virtue of the above-mentioned conditions, were afterward denominated "old rights." They amounted altogether to more than 500,000 acres. The original deeds, many of which are still extant, arc copper- plate prints on parchment.

When, in 1684, Penn was about to sail for England, he appointed Thomas Lloyd, James Claypoole, and Robert Turner commissioners of property, with power to sign patents and grant warrants for lands ; Thomas Holme still being surveyor-general. In 1690 the names of Samnel Carpenter, William Markham, John Goodsonn, and Robert Turner appear as commissioners of property. Among the early surveyors of land in Chester County were Charles Ashcom, Robert Longshore, and David Powell; the last operated principally among the Welsh, in what was called the Welsh tract. While William Penn remained in Eng- land there was considerable trouble in the management of the land-office here, as may be seen by the following cx- tract from an address to him from the Assembly :

" Nor was the administration of thy Propriety much better managed, because thou put some in that commission with whom the rest would not act, and at last the office of Property and Surveyer general eame to be shut up, and thou kept them so whilst thou sold lands to the value of about two thousand pounds sterling, and gave thy warrants in England for surveying the said land; and also got great traets of land laid out or secured for thyself and relations, besides several valuable parcels which should have been laid out for the purchasers, but were reserved by thy surveyors, whether for thee or themselves we know not. However, theu appropriated these lands to thyself by the name of concealed lands, whereas, in truth, they were concealed from the purchasers who were to have their lands laid out contiguous ene to another, and no vacancies left between them, and thou wast to have only thy tenth as it fell, according to the concessions thou made with thy first adventurers, and if then took it not up so, it was thy own (not their) fault."

Thomas Holme died in 1695, and the next surveyor-gen- cral was Edward Penington. William Penn writing from Bristol, 1698, to Samuel Carpenter, says,-

148

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

"This comes by a son of Isaac Penington, my dear deceased wife's half-brother, whom I have made Surveyor general; being matbe- matical more than trading."

Edward, son of Isaac and Mary Penington, was born in 1667, at Amersham, county of Bucks, England, and was married on the 16th of November, 1699, at Burlington, to Sarah, daughter of Samuel Jennings, Governor of the province of New Jersey. He died in Philadelphia, Jan. 10, 1701-2, leaving a son Isaac, some of whose descend- ants continue to reside in that city.

After William Penn returned to Pennsylvania, toward the close of the year 1699, there appears to have been more activity in the land-office. Previous to this there had not been any reservation in Chester County of land for the proprietary, and he now ordered this regulation to be car- ried into effect, though not exactly according to the original concessions.

Edward Penington issued several orders for the survey of land in Chester County, of which the following is a specimen :

SEAL. "By virtue of a warrant under the hands of Edward Shippen, Griffith Owen, Thomas Story and James Logan, the Proprietary and Governor's Commissioners of Property & ye scal of ye Province, to me directed, hearing date ye 17th of 10 Mo. 1701.

"I do berehy authorize thee to survey and lay out unto Thomas Wickershamu (for the use of his children) five hundred acres of Land, being what remains untaken up of a thousand acres of Land purchased of the Proprietary by Humphrey Killinbeck, who made over one moiety of his said purchase to the said Thomas Wickersham, and of the rest, two hundred acres to Humphrey, eldest son of the said Thomas, and one hundred acres apiece to Thomas, John and Anne, the other children of the said Thomas Wickersham : To be laid out for the use of the said children as aforesaid (where it hath not been already surveyed, nor taken np, nor concealed, nor seated by the In- dians) according to the method of Townships, and make return thereof into my office, with a protracted figure of the field work, which are by the Proprietary and Governor's order to remain there.

"Given under my hand and seal at Philadelphia the 17th of Xbr 1701.

"EDWARD PENINGTON, Surv. Gen. "To ISAAC TAYLOR, Deputy Surveyur."

After the death of Edward Penington the commission- ers of property resolved " that no such officer should be ap- pointed to succeed him until the pleasure of the proprietor be known. That the said office, with all the books, records, warrants, and papers belonging thereto, shall be taken into the commissioners' hands and remain under their care, and that the secretary shall chiefly superintend the same with an able and fit hand well skilled in surveying. That Jacob Taylor, now concerned in a school at Abingdon, be invited to take the management of said office under the secretary. All warrants to be directed to the several surveyors of the respective counties, to be returned into the surveyor's office at Philadelphia. That only copies of the warrants shall be sent into the country, attested by the secretary, and the original remain in the office as before, and be entered on the books, and every original warrant shall express that the original shall remain in the surveyor's office in Philadel- phia."-Minutes of the Commissioners of Property, Book C, page 64.

There was no surveyor-general from the 10th of January, 1701, until the beginning of March, 1706-7, when Jacob

Taylor was appointed, who continued until Benjamin East- buro was appointed, on the 29th of October, 1733, and the latter continued in office until 1741. William Parsons' commission as surveyor-general bears date Aug. 22, 1741. His successor, Nicholas Scull, was appointed in the begin- ning of 1748. John Lukens, who succeeded him, was ap- pointed in December, 1761, and continued by reappoint- ment under the commonwealth until his death in 1789. Daniel Brodhead was appointed on the 3d of November, 1789, and continued by reappointments until the 23d of April, 1800. Samuel Cochran was appointed on the 23d of April, 1800, and Andrew Porter on the 4th of April, 1809.

By a commission dated Oct. 28, 1701, William Penn ap- pointed Edward Shippen, Griffith Owen, Thomas Story, and James Logan as commissioners of property, and gave them authority to grant lands for such sums and quit-rents, etc., as to thiem or any three of them should seem reason- able.

The experiment of establishing a colony did not prove a success in a financial point of view, and William Penn became involved in debt. Previous to his last visit to Pennsylvania he obtained from his lawyer, Philip Ford, of London, a considerable sum of money, and gave the latter, as a matter of form, a deed of sale of the province. This Penn considered, and Ford professed to consider, as a mortgage, but the designing rascal intended to turn it to good account. After his death, in 1702, his widow and son presented their elaim, and threatened to take posses- sion of the province if they were not paid the sum of £14,000. After much trouble and litigation their claim was reduced one-half, and, to free himself from the Fords, Penn obtained money from some of his friends, and gave them a mortgage on the province by deeds of lease and release, dated Oct. 6 and 7, 1708. These mortgagees or trustees were Henry Gouldney, Joshua Gee, Silvanus Grove, John Woods, and John Feild, whose names may be noticed in some of the old titles for land. They, with the concurrence of Penn, appointed five commissioners of prop- erty, viz. : Edward Shippen, Samuel Carpenter, Richard Hill, Isaac Norris, and James Logan, Nov. 9, 1711. They were empowered to appoint all officers, as surveyors, rangers, and such others who were immediately concerned in the affairs of the proprietary's lands or estate. A letter to them from the trustees, dated Nov. 30, 1711, was brought over by James Logan, whose visit to England was doubtless made with regard to this business. In this they were en- joined to take care to raise money for the payment of the mortgage.

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 40

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