History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 41

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 41

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By his will Penn appointed the above commissioners, except Shippen, with the addition of Samuel Preston, as trustees to have the care of his estate in Pennsylvania. These " granted warrants and issued patents, if not as Pro- prietary officers, yet under ample and existing powers." But the mode was varied. When surveys were made, if a patent was required, they took the first return of survey without requiring it to be entered in the surveyor-general's office, and a formal return transmitted from thenee. The patents were in their own names, and recited as well the commission of William Penn as of the mortgagees, Joshua

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PROPRIETARY INTERESTS AND LAND TITLES.

Gee and others, of 1711, and thus very many patents ex- ist a trace of which cannot be found in the surveyor-gen- eral's office.

James Logan was born in Ireland, came over to this country with Penn in 1699, and in 1701 was appointed secretary of the province, an office which he filled with so much zeal for his master's interest that he became un- popular with many of the inhabitants.

Another of the proprietary officers with whom the set- tlers were brought in contact was James Steel, who with his family emigrated from Chichester, England, in 1702. He resided in Philadelphia until 1708, when he removed to Kent County and settled on Duck Creek, but returned to Philadelphia in 1714, and was then appointed by the commissioners to have the management of the land-office and collection of quit-rents, etc. In this situation he fre- quently gave permission to settlers to take up or occupy land, with the understanding that they would become pur- chasers at a future day.

After Penn's death in 1718, there was some disagree- ment among his heirs as to the proprietorship of Pennsyl- vania. This and the other complications mentioned in- terfered somewhat with the regular granting of warrants and sale of land, as the commissioners were often at a loss to know what to do. Thus James Steel writes to Isaac Taylor :

" PHILADELPHIA, 26th, 7 hr. 1719.

"LOVING FRD .- I have thine per Thos. Wooddal who desires the same by word of mouth, as thou hast at his instance requested for him. But the Commiss'rs have now concluded to sign no more Warr'ts for Land, at least without ready money, which I perceive this chap is not furnished with, wherefore his request cannot he complied with till he be hetter provided ; so that I am at a loss what to say to him, since he is seated on the land, more than to order him to get the money without delay. I am with kinde love to thyself, wife, &c., thy real loving ffrd. "JAMESTEEL."

Under date of Oct. 3, 1720, David Lloyd writes to Isaac Taylor :

"Ja. Steel told me yesterday that the Commissioners were at a stand, so that they seem not willing to grant out warrants at pres- ent," etc.

On the 12th of second month (April), 1726, James Steel also writes :

"There has not been anything signed hy the Comm'rs. since my last to thee, they still expecting the desired account of the long talkt of agreem't in the family."

Notwithstanding this, there was plenty of land for sale by those who had purchased large tracts early, and were now prepared to sell by retail, though it is probable they asked a higher price than the proprietary lands were gen- erally sold for. Many of the immigrants seated themselves on vacant land and proceeded to make improvements, after the manner of modern "squatters," and in the course of a few years would apply for warrants. Where two or more were thus settled near together, there was often contention, and it required firmness and discretion in the surveyor so to execute their warrants that none might interfere with bis neighbor's improvements. Some, having made improve- ments, sold them without applying for warrants, and others, having obtained warrants, neglected to have them executed for several years, and in some instances assigned them to

others. Thus the warrants and improvements were alike articles of merchandise, while the title to the land still re- mained vested in the proprietary. Although, according to the usual custom, patents were obtained by the purchasers of land, yet there were many exceptions, especially in the case of the first purchasers, who paid their money in Eng- land; and as the warrant of survey specified that the land was to be laid out in right of such purchase, there was in reality little need of a better title. Still it was a matter of neglect, rather than otherwise, if patents were not ob- tained.

After the arrival of Thomas Penn, in 1732, the land- office was reorganized, and the method of granting warrants changed. Benjamin Eastburn was appointed surveyor- general the next year, in the room of Jacob Taylor, who soon after retired to live with his nephew, John Taylor, in Thornbury. From this time until the Revolution warrants were granted by one or more of the proprietaries resident in this country, or, in their absence, by the Governor. Printed forms were used, with blanks to fill with the names of the person applying, situation and amount of land, etc. The following is a specimen, the italics corresponding to the part written in the warrant :

"PENNSYLVANIA, SS.

"BY THE PROPRIETARIES.

SEAL " Whereas, George Jefferies, of the County of Chester,

hath requested that we would grant him to take up two hundred Acres of Land in East Bradford township, adjoining Thomos Price and Richard Woodward, in the County of Chester, for which he agrees to pay to our use the sum of fifteen pounds, ten shillings, cur- rent money of this Province, for each hundred acres, and the yearly quit rent of one half penny sterling for every acre thereof. These are, therefore, to authorize and require thee to survey or cause to he sur- veyed unto the said George Jefferies, at the place aforesaid, according to the method of Townships appointed, the said quantity of two hun- dred acres, if not already surveyed or appropriated, and make return thereof into the Secretary's office, in order for further confirmation ; for which this shall he thy sufficient warrant, which survey, in case the said George Jefferies fulfil the above agreement within six months from the date hereof, shall he valid, otherwise void. Given under my hand and the lesser seal of our Province, at Philadelphia, this tenth day of October, Anno Domino, 1738.

" THOS. PENN.

"To Benjamin Easthurn, Surveyor-General.

" A true copy. To John Taylor, D. Surv'r.

" Execute this and make a Return thereof into my office. " Benj. Eastburn."

The land surveyed in pursuance of the above warrant was on the Brandywine Creek, about a mile and a half below Downington, and a part at least is now in the pos- session of George Kerr.

On the 27th of November, 1779, was passed an act of Assembly entitled " An Act for vesting the estates of the late proprietaries of Pennsylvania in this Commonwealth," by which act the proprietaries received as compensation £130,000 sterling, and were allowed to hold the various traets of land which had been reserved for their own use by virtue of the original conditions and concessions. A few years after this these proprietaries requested Edmund Physick to make an estimate of the losses which they had or might sustain by the operation of this act. This gen- tleman had been employed in the receiver-general's office from the beginning of the year 1742 until the latter end

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HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

of the year 1776, at first as clerk, and afterwards as re- ceiver-general of quit-rents and purchase money due to the proprietaries, and on this account was well qualified to make the desired estimate. From his statements we shall present some facts relative to the amount of land sold within various periods of years, and also of the quit-rents charged thereon. It appeared by a book in the surveyor- general's office that there had been sold to various persons, called " first purchasers," between the 4th of March, 1681, and October, 1682, the amount of 874,550 acres, exclusive of two entries, one to William Penn, Jr., and Letitia Penn, for 40,000 acres, and the other to William Penn, nephew to the proprietary, for 25,000 acres. This computation in- cludes a sale to the Free Society of Traders of 20,000 acres, and another to the London Company of 60,000 acres. A part of this last-mentioned sale, amounting to 14,049 acres, was surveyed in New Castle County. Between the month of October, 1682, and the year 1701 there was sold the comparatively small amount of 83,003} acres. This computation includes a sale to the Frankford Company of 25,000, and another to Sir Mathias Vincent, Thompson & Coxe, of 30,000 acres, and is formed for the most part from the records of patents in the recorder's office before the year 1701, no patent-book or account-books of pur- chase moneys received for lands sold before that time having been kept, either in the secretary or receiver-general's offices. Between the 10th of the 9th month, 1701, and the 7th of December, 1732, there was received as purchase money of common lands in Pennsylvania the sum of £12,610, during which time lands were sold at various prices. Overplus land was often sold for £18 to £25 for 100 acres, and sometimes at prices higher, though seldom lower, and other lands were generally sold at or about £10 for 100 acres ; but as an exact discrimination cannot with certainty be made, and an admission of £10 per 100 acres will be a moderate rate of computation, it would appear that about 126,100 acres were sold during this period. From the 7th of December, 1732, to the 27th of December, 1762, the common lands were sold at £15 10s. for 100 acres, currency, purchase money, and an half-penny sterling an acre per annum quit-rent, and for some years afterwards for lands which were settled and improved within these times. It appears, from the amount of money received for land sold on these terms, that about 1,385,219 acres were disposed of during these thirty years. On the 27th of December, 1762, the terms were altered to £9 currency for 100 acres, purchase money, and one penny sterling an acre per annum quit-rent, which alteration continued no longer than until the 5th of August, 1763, except in two instances, but from the amount of money received it was estimated that 34,254 acres were sold on these terms. It appears that from Aug. 5, 1763, to 1st of August, 1765, no warrant for vacant unimproved land was issued, and a very few only for improved plantations. On the 1st of August, 1765, the modes and terms of granting lands were again altered. Lands were now granted, on application, on the terms of £5 sterling for 100 acres, purchase money, and one penny sterling per acre per annum quit-rent, which terms continued until on or about the 6th of September, 1769. After this time the mode of granting lands on ap-

plications ceased, and warrants were granted to all appliers for land on the terms last mentioned. It was estimated that between the 1st of August, 1765, and the 6th of September, 1769, there were sold 239,932 acres, and 1,346,004 acres more between the last-mentioned date and the month of December, 1776, after which no more grants of the common lands were made by the proprietaries. Thus the whole amount of land sold for which the money was received was, in round numbers, about 4,075,000 acres.

The grants of land made for an annual quit-rent, without purchase money, were as follows :

To sundry Swedes, for lands claimed by them under rights from the Duke of York, or by possession and im- provement before the date of the royal grant of Pennsyl- vania to William Penn, as appears by extracts taken from records in the recorder's office and patent-books in the secretary's office, 37,0372 acres.

To sundry persons called renters, as appears from the records in the above-mentioned offices, 9087} acres.

To sundry servants of the first purchasers and adven- turers into Pennsylvania, 45714 acres:

To sundry persons not under any of the above descrip- tions, 72614 acres.

Total number of acres of rent-lands, 57,958}.

The proprietaries gave away large amounts of land to various branches of their family, as follows: William Penn, before coming to Pennsylvania, conveyed to Sir John Fagg, of Sussex, 50,000 acres in trust for the use of his wife, Gulielma Maria Penn, and her children. Of the latter, only two survived, viz. : William Penn, Jr., and Letitia Penn, to whom the land was ultimately surveyed. It ap- pears by patents and warrants issued in satisfaction of this right that 1250 acres were granted over and above the 50,000, making 51,250, and of this amount about 12,000 acres were surveyed in New Castle County, the remainder in Pennsylvania. To Samuel Carpenter, Isaac Norris, and Edward Penington 7000 acres, part of 12,000 granted to them in trust for the use of John Penn, Esq., the re- maining 5000 acres being granted in right of Thomas Cal- lowhill, who was a first purchaser. To the same persons 10,000 acres, to be held by them in trust for the said John Penn, then born, and other children who might be born of Hannah Penn, the last wife of William Penn. William Penn in his will devised to his daughter, Letitia Aubrey, 10,000 acres, and a like amount to each of his three grand- children,-Gulielma Maria, Springett, and William Penn, the children of William Penn, Jr. To Thomas Penn, Esq., were granted five separate warrants for 1000 acres each, dated the 12th of May, 1732, and to the same one warrant, dated the 18th of the same month, for 5000 more. To Richard Penn, Esq., five separate warrants for 1000 acres each, dated the 12th of May, 1732. The whole amount of land in Pennsylvania thus granted to different members of the family was 111,250 acres, and, in addition to this, the proprietaries reserved, in right of their tenths, 441,534 acres.

According to the estimate made by Edmund Physick, Pennsylvania contained 27,955,200 acres, and as six per cent. allowance was made for roads, this was added to the whole amount disposed of in the various ways above men-

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tioned, and there appeared a balance of 21,592,128 acres, for which nothing had been received by the proprietaries.

The quit-rent charged on land of the first purchasers was at the rate of one shilling sterling for 100 acres, except in the case of large purchases, made by a few individuals or companies, and this was the usual rate until 1732. Many of these first purchasers never came to this country, and some of them never obtained any survey of their land. The greater part of the land, however, was probably laid out between 1682 and 1700; but surveys in their right con- tinued to be made at different times until the Revolution, whether after that time we are not informed.

The whole amount of land patented in Chester County previous to 1779 was set down at 375,0124 acres, but as this statement appears to have been based on an examina- tion of the patent-books, we are inclined to suppose that some of this land may have been iu Lancaster County, which at first was a part of Chester. Of course all the land patented in what is now Delaware County was in- cluded in the above amount, and as the present limits of our county embrace more than this amount, it appears that a great part remained unsold, or otherwise not patented.

During the past year there was published by Benjamin H. Smith, of Philadelphia, surveyor, an " Atlas of Dela- ware County," in which are shown the extent of the pat- ents for land, a great many of the early surveys, with names of successive owners, and the dates of hundreds of conveyances. For patient research and careful preparation, this work is a monument to the author's skill, and a mine of information to the seeker after knowledge respecting the early settlement of that portion of our ancient county.

DEPUTY SURVEYORS FOR CHESTER COUNTY.

Capt. Edmund Cantwell and Walter Wharton were sur- veyors-general under the government of the Duke of York. Richard Noble was commissioned surveyor of Upland County Dec. 15, 1680. The first surveyor for Chester County was Charles Ashcom, with whom there was con- siderable trouble, and he was at length set aside, in 1686, and Robert Longshore succeeded him. David Powell was, however, the surveyor for the Welsh Tract. Henry Hol- lingsworth was the deputy for this county in 1700 and 1701, while Penington was surveyor-general, but was suc- ceeded in the latter year by Isaac Taylor, of Thornbury, whose brother Jacob was the next surveyor-general. Un- der Isaac Taylor, his son John made many surveys, and received the commission upon the death of the former in 1728. He resigned the position in 1740, after which it may have been that the county was divided into districts. Even before this warrants were frequently directed to other surveyors. John and George Churchman operated exten- sively in the southwest part of the county, and Samuel, Benjamin, and Thomas Lightfoot in the northern part. Samuel Cochran was commissioned March 8, 1792, to be surveyor for the district comprising the counties of Chester and Delaware, in which office he succeeded Charles Dil- worth. James Hindman was commissioned May 17, 1809; Arthur Andrews, Jr., Dec. 17, 1813; Emmor Bradley, for Chester County, June 7, 1830 ; Jesse Evans, Aug. 3, 1836.

RESURVEYS.

Many of the early surveys were executed in a careless manner, and it was discovered after that more land was in- cluded within the lines than should be. There appears to have been an effort to correct these errors at an early date. William Penn, on the 1st of 2d month, 1686, instructed his commissioners,-

" That no warrant of resurvey be granted by you for land within five miles of the river Delaware or any navigahle river. That all overplus lands, upon resurveys granted hy the former commissioners, not already granted finally or not patented, he reserved to my use and disposal. No lands to be laid out next or adjoining to that inhabited, and that in every township one share be reserved for the Proprietary, with all the Indian fields that are in the said township."

There was probably but little done in the matter until after the proprietary's second visit to the province. A law of property was passed at New Castle in 1700, and con- firmed in 1701, which enacted, among other things,-

"That any person's lands in this province should he resurveyed, and if upon such resurvey (after allowance of four acres in the hun- dred, over or under, for difference of surveys, and six per cent. for roads) an overplus shall he found, the possessor thereof should have the refusal of it from the Proprietary at reasonable rates; and in case of disagreement ahout such rates, the Proprietary was to choose two men, and the possessor two more, who should either fix a price on the said overplus land or appoint where it should be taken off for the Pro- prietary, in one entire piece at an outside (saving to the purchaser or renter his improvements and best conveniencies), any three of whom agreeing should he conclusive; and the charges of resurveying should he horne by the purchaser or renter of the main tract, if he bought the overplus, or if not, then by the Proprietary ; and that deficiencies should be made good by the Proprietary, according as he received for overplus land as aforesaid."

This act caused great dissatisfaction, and in the Assem- bly's address, from which extracts have already been given, it is said that, " under pretence of passing an act for con- firming and securing their lands, etc., thou obtained liberty to resurvey all the lands in the province, and to bring the people to terms for the overplus ; so that by this stratagem the warrants, surveys, and new patents cost the people as much, and to some more, than the first purchase of their lands, beside their long attendance upon thy secretary and surveyors to have their business done."

Many resurveys were made and overplus land found, as also some deficiencies, but the act expired before all the cases were adjusted, and in 1712 another act was passed relating to property which revived the matter, but this was repealed in Council 20th of February, 1713. After this the subject was dropped, as far as related to payments for overplus lands in early surveys.

A warrant was directed to Isaac Taylor, 25th of 1st month, 1700-1, ordering him to resurvey the townships of Chichester, Bethel, Concord, and Birmingham.

The following matter relating to resurveys comes next in the order of time :

" PHILAD'IA, 26th 9hr, 1702.

"ISAAC TAYLOR, Loving ffrd :

"Inclosed herewith is copies, one of a War't for John Buckley, in Rocklands, who desired it might be directed to thee, ye other for the Proprietor's use, which, by all means, I would have executed in ye first part of it, viz. : Surveying Stockdale's plantation and dividing ye Gov'rs land from that troublesome man Jno. Grubb; ye other thou may take some more time to consider of, viz .: Ye laying out 5000 acres, at least till we meet when that shall he.

"I send also a commission to John Buckley, which pray deliver.

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HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

"The comm'rs, upon application made by & non-agreement with Joseph Sharpless, have ordered that thou shall cutt off from his tract lately resurveyed, the 90 acres of overplus found therein, which pray Pform as much to ye Prop're advantage as may be, the law being still observed in case be will agree to what is reasonable; if not we must appoint two men, one besides thyself, & be two others, to determine where the line shall be run.

"Pray press on ye Resurveys where thou thinks there is occasion, for in other places I think, considering the narrowness of time, they may be beat forborn, & shortly I shall send thee another Gen'l Warr't, #hepa by this opportunity.

"I must again press tbee to lett nothing divert thee from the Woods and ye Chain, for following of that I hope will be almost thy only employment for this year to come.

"I have never yet, that I can call to mind, received one line from thee on any acc't, which I think is strange; pray fail not to inform me of whatever may be of use to know in that County. Assuring thyself that I am, in all sincerity, Thy real loving ffrd. "JAMES LOGAN.

"30th, 9br.

" I must further add to ye aforegoing That ye Comm'rs having sold and Granted Jno. Bowater 400 acres, to be laid out in that Tract for- merly designed for Gr. Jones, The Warr't is directed to thee, which should be executed with care without any culling or choosing, for that was an unreasonable Grant (250 of it I mean), & much ag'st my mind; but endeavor that no notice be taken of it among those of your county.

"If thou canst conveniently meet with T. Pierson, pray discourse him about coming up to resurvey. I doubt this county will be too hard for thee, & therefore believe that this with that may employ him for some considerable time. . . . Thy real ffrd, as before, " J. LOGAN."

A warrant, signed by the commissioners, was directed to Thomas Pierson, surveyor of New Castle County, in the following language :

" ffor ye Better Discovery of such overplus Land as by ye Careless- ness of surveyors have been left in several Tracts formerly laid out or taken up in Christina Hundred in ye County of New Castle, & in sev- erall townships of ye County of Chester in this Gov'mt. These are to authorize and Require thee to resurvey Exactly and according to art, and by ye lines as near as may be by which they were at first re- spectively granted or Laid out, all such Tracts of Land within ye said Christina Hundred in ye sd County of New Castle, also all such Tracts within any of ye Townships of Darby, Ridley, Springfield, Marple, and Newtown in ye County of Chester, as may be judged to have been ir- regularly or unduly surveyed or measured at or before ye first Grant thereof, or may now be presumned to contain any Quantity of land above ye number of acres they were at first laid out for, Granted, or reputed, and make particular returns of Every such Tract as thou shalt find such overplus in, also Gen'l Returns, as near as may be, of ye whole sd Hundred and whole sd Townships, into ye Gen'l Surveyor's office at Philad'ia, where this warrant is to remain and a copy thereof to be Deliv'd to thee, certified by ye Secretary. Given under our hands and ye seal of ye Province at Philad'a ye 4, 11 mo, 1702."

" PHILA. 14, 2, 1703.

" Loving frd. I. T. I lately sent thee a war't for 475 acres to be laid out near T. Buffington, [for Abiah Taylor,] which if not yet executed, I desire thee to add to it five acres more to complete his purchase, there being but twenty acres allowed for his liberty land.

"Pray goc on with the Resurveys with all expedition procceding to the Townships of Thornbury, Edgem't and Westtown, as far as the first Range of Lotts in ye sd Townships: run without touching with ye Lands entered by ye Welsh, for which thou shalt have a Warr't either accompanying this or sent after.

"H. Hollingsworth undertakes Middletown, having particularly requested, and thou appeared not onely careless but of opinion it would not answer, which induced me to employ him, together with the backwardness of that county.

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 41

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