History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 7

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 7

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"Ordered that ye Inhabitance of Concord, Bethell and Chichester doe meet on the 3d day of the next weeke att Henry Renolds to Conferre together how to Provide a maintainance for Miriam Thom- son and her Child."

"Ordered, thut tha Collectors of the Levie for the Cort house and Prison shall be Considered for time and Paines twelve pence in the pound,"

Thomas Norbury and Joseph Humphry were appointed collectors of the " Levie for the Cort house and Prison for ye Township of Newtowne." This is the first mention of this township on the records.

12 mo. (Feb.) 3, 1684-5. "Ordered that the Grand Jury have Power to Examine all Weights and measures and that they be seuled necording to the Law in that Case Provided."

" Walter ffaucett Tendred seven pounds to lay downe for Margrett Person, being ordered her muster Colbert [Calvert], for her freedome from him,-ordered by n former Cort."

At a court held " the 1st third day of ye first weeke in ye 1st month, 1684 [-5]," " John Gibbons was Sumoned and att this Cort Presented for selling ye Indians Rum." His fine was remitted. John Mendinghall was guilty of the same offense, " butt upon his Petition remitted."

"Mouns Eustn and the Rest Concerned in the Building of the Prison and Cort House are ordered to receive out of Calcoone Hooke and Amos Land the moneys Assest for that Purpose."

" William Dalbo is ordered to receive for his worke done on the Court House und Prison so much as he can make Appear to be his Due out of the Levies raised for that Purpose in the Township of Darby."

"Ordered that all People that shall make use of the Cort house for sellarnge of any goods shall for every Tonne Pay after ye rate of three shillings four Penco a Tonne for any time not Exceeding a weeke; And for what time it shall Continue afterwards, halfe so much."

The date given for the holding of this court is in the style very frequently used for several years after this.

4 mo. 1685. "Samuell Bradshaw, Constable for the last year for Darby made his returne all was woll ; whereupon Edmond Cartleidge was Elected to serve and Attested for ye Ensuing year."

"Nicholus Newland Constaple for ye last year for Concord made his returne all was well; whereupon George Stroud was Elected to serve in his s'eel for the year Ensuing."

Similar entries are frequent after this date. At this court " Abraham Effingall Being Lawfully Convickted for abusing and menacing the majestracy of this County was ordered twenty one lashes att the Publieke Whipping-Post on his bear Backe, well laid on, and 14 dayes Imprison- ment at hard labour in ye House of Correction." This house of correction was probably the prison, as it appears many years later no such building existed as a separate es- tahlishment.

Oct. 6, 1685. "Ordered that for Defraying the Publicke Charges of this County a lev.e be raised npon Every hundred Acres of Land taken up and surveyed after the rate of two shillings and six pence for every hundred Acres within this County, And lands taken up hy non-residence and soe not Occupied shall pay after ye rate of three shillings nine pence for Every hundred Acres. And that all the male Inhahitance within this County from sixteen to sixty years of Age doe pay after the Rate of two shillings six pence by the Pole Except men servants who shall pny after the Rate of one shilling and three Pence by the Pole and noe more. And that Jeremy Collett, High Sherife of this County be Ordered to levie ye same within three monethes whoe is to be allowed after the rate of one shilling tor Every pound soe levied. It is alsoe further ordered that the Consta- ples doe forthwith bring in within fourteen dayes after the date hereof the names and Sir names of all the male Inhabitance residing within their severull presincts unto the Cheife Collector, who shall Allow four- teen duyes time after warning given to every Township to bring in their respective Payments to the Towne of Chester. The Collector is further ordered to receive good and merchantable Indian Corne after ye Rate of 28 8d

good and merchant ble Wheate at 4: 6 By the Bushell." good and merchantable Ryo at 3: 6

" Robert Cloud had a Phase grunted him to depart this Province, dated ye 26th day of ye 9th moneth, 1685, his Brother Wm Cloud of Concord being his security to safe ye Country Harmlesse."

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

A minute of this kind is very rare.

At the next court, in December, the prices allowed for grain were raised to five shillings for wheat, four shillings for rye, and three for Indian corn.

" At a Council held at Philadelphia ye 1st 2d Mo., 1685." Present Thomas Holmes, president, and others.

"Whereas, the Governor in presence of John Symcock and Wm Wood, was pleased to say & Grant That ye bounds of the Countys of Chester & Philadelphia should be as followed, viz. :

" That the bounds should begin at the Mill Creek and slopeing to Je Welsh Township, and thence to Schoolckill, &c. in obedience thereto and confirmation thereof.

"The Councill having seriously Weyed & Considered the same, have & doe hereby Agree and order that ye bounds betwixt the said Countys shall be thus ; That is to say :

"The County of Chester to begin at ye Mouth or Entrance of Bough Creek, upon Delaware River, being the Upper end of Tene- cum Island, and soe up that Creck, deviding the said Island from ye Land of Andros Boone & company; from thence along the several courses thereof to a Large Creeke Called Mill Creek ; from thence up the several courses of the said creek to a W : S : W: Line, which Line devided the Liberty Lande of Philadelphia from Severall Tracts of Land belonging to the Welsh & other Inhabitance ; and from thence E : N : E : by a line of Marked Trecs, 120 perches more or less ; from thence N : N : W : by the harford [Haverford] Township 1000 perches more or less : from thence E: N : E : by ye Land belonging to Jno : Humphreis 110 perches more or less ; from thence N : N : W : by ye Land of Jno: Ekley, 880 perches more or less ; from Thence Con- tinuing the ye said Course to the Scoolkill River, weh sd Scoolkill River afterwards to be the natural bounds."

"The question was put, whether the aforementioned Creeks, courses, and lines shall be the bounds betwixt the countys of Phila- delphia and Chester according to ye Govrs grant as aforesaid ; Unani- mous carried in ye affirmative."

Charles Ashcom had held the office of deputy surveyor for Chester County under the surveyor-general, Thomas Holme, but the complaints against him were so numerous, and a misunderstanding having arisen between him and Holme, the Council were obliged to issue an order prohibit- ing him from surveying any more lands in Chester County.

By this time the surveys were extended within the pres- ent limits of our county in Birmingham, Thornbury, and Westtown. The outlines of "The Welsh Tract" had been run by virtue of the following warrant :

" Whereas divers considerable persons among ye Welsh Friends have requested me yt all ye Lands Purchased of me by those of North Wales and South Wales, together with ye adjacent counties to ym, as Haverfordshire, Shropshire and Cheshire, about fourty thousand acres, may be layd out contiguously as one Barony, alledging yt ye number allready come and suddenly to come, are such as will be capable of planting ye same much wthin ye proportion allowed by ye custom of ye country, & so not lye in large and useless vacancies. And because I am inclined and determined to agree and favour ym wth any reason- alle Conveniency and priviledge : I do hereby charge thee & strictly require thee to lay out ye sd tract of Land in as uniform a manner, as conveniently may be, upon ye West side of Skoolkill river, run- ning three miles upon ye same, & two miles backward, & then extend ye parallel wth ye river six miles and to run westwardly so far as till ye gd quantity of land be Completely surveyed unto ym .- Given at Pennsbury, ye 13th ]st mo. 1684." WILL : PENN." "To The : Holmes, Surveyor-General."

In pursuance of this warrant, the surveyor-general, on the 4th of the 2d month (April), 1684, issued an order to his deputy, David Powell, and after reciting it he directs him "to survey and sett out unto the said pur- chasers the said quantity of land, there, in manner as be- fore expressed, and in method of townshipps lately ap-

pointed by the Governor att five thousand acres for a townshipp and to be directed (for placing the villages of each Township and division of the purchasors) by Thomas Lloyd Master of the Rolls who is principally concerned therein, unto whose care and prudence is recommended the ordering and managing of this affair to the content and satisfaction of the said purchasors and make me a true return of the original field work and protracted figures, as well as the distinct quantity of each purchasor, &c."

The survey was made before the end of 1684. Soon after encroachments were made by others within its limits, and particularly by Charles Ashcom, a very troublesome deputy surveyor. In consequence thereof the Welsh in- habitants petitioned to the proprietary's deputies against these intrusions, who, after they had "well weighed the mater, truly considered the case, and rightly understand- ing the Governors intention in granting the warrant," issued their mandate on the 25th day of the 5th montlı (July), 1687, forbidding such intrusions, and making void what had been done within the prescribed limits, which are given as follows :

"Beginning att the Schoolkill, thence running W. S. W. by the City liberties 2256 perches to Darby Creek. Theace following up the several courses thereof to New Towne Line, Thence up the said line N. N. W. 448 perches, Thence S. S. W. and by W. by New Towne, 988 perches, to a corner post by Crumb Creek, Thence down the several courses thereof 460 perches, Thence W. and by S by a line of trees 1920 perches, Thence N. N. W. by a line of trees - perches, Thence E. and by N. by a line of trees, 3040 perches, Thence E. and by S. 1120 perches, Thence S. S. E. 256 perches, Thence E. N. E. 640 perches, Thence S. S. E. 1204 perches, Thence E. N. E. 668 perches to the Schoolkill, Thence down the several courses thereof to the place of beginning."

The only draft of the Welsh tract that has been found in the surveyor-general's office does not entirely agree with this survey. The large survey included the townships of Haverford, Radnor, Merion, Tredyffrin, Whiteland, Wil- listowo, Easttown, Goshen, and part of Westtown.

Some complaints having been forwarded to the proprie- tary, they were noticed in the following instructions to the commissioners of property, Wm. Markham, Thomas Ellis, and John Goodson, dated at Worminghurst, 12 month 1st, 1686, and read at a meeting held 3, 13, 1687 :

" 4thly -- And Whereas I formerly granted a Warrt for forty Thou- sand acers for the Welch people to Lye Contiguous on the west side of Schoolkill and that I am informed Inoursions have been made upon those Lines Contrary to Equity as also that Charles Ashcome Refuses to make Regular Returns to Thomas Holme, Surveyor Gen- erall or pay him his old dues whiob was one third from the first of his serveing under him. These are to will and Require you to Look into the same and to do Justice both to the Welch and to the Survey"-Generall, Charles Ashcome, Promiseing ine to pay ye said one third part of the money for survey to the said Thomas Holme and in Case the said Charles Ashcome shall be disorderly or Re- factory you are hereby Impowered to Displace him otherwise to Continue him in bis Imploy."

The Welsh settlers not only contemplated having their settlements together, but expected to constitute one munici- pal district, in order that they might manage their affairs in their own way. They certainly had grounds for this expectation, and consequently when the division line was run between Philadelphia and Chester Counties, through the Welsh tract, and separating the settlements of Radnor

GENERAL HISTORY.

and Haverford from those of Merion, it gave rise to much dissatisfaction.

In 1688, William Markham forwarded the following pe- tition to the proprietary :

"Philadelphia the 23ª 2ª mº 1688.

"To the proprietry & Governors Comissioners of State & Property The Humble peticon of the Inhabitants of the Welch Tract Showeth " That Whereas William Penn Proprietary & Governor aforesd out of his tendr Dove & good will towards your Petrs & for their Incouragmt & Conveniency here (considering many of them understood not the English Tongue & soe were incapable of giveing due service to English Judicutures) was favorly pleased to give his most Solemne werd (be- fore they removed from the Land of their nativity) That they yor Petrs should have abt forty thousand acres of Land contiguously layd out ss & Barony and that they should not be obliged to answer nor serve in any Cort whatsoever but should have Corte & magistrates of their owne wherein Justice should be ministred according to the Law of this Governmt or to that Effect; In Consideration whereof & for a manifestacon of yor pet's Love Gratitude & Choice to the sd Governor & his Governmt they came over to this Province.

" And whereas the sd Proprietry in pursuance of his former promise Did grant & warrant for surveying the ad Tract accordingly and there- upon further declared that yor petrs should Iojoy the sd priviledges in maner nforesd & he Exempt from attending all other Judicatures save only That they should maintaine memhrs to serve in Council & As- sembly And also whereas the sd Tract extends to the sev"all Countys of Philadelphin & Chester as ie aleadged & by pretence thereof your Petrs have been sumened to the County Corts of beth the sd Countys to yeild their service upon Jurys & eo are like to be taxed in hoth places to their great Impoverishmt. Now forasmuch ss the privi- lidges & Exempcons nforesd soe tenderly proposed by or Governor is most thankfull acknowledged ss a peculiar kindness to yor petra nevr- theless they desire to Improve the same to no other end then to have their Corts & magistrates of & amongst themselves as they had in Wales and to be Governed by the Law of Pensilvanis here, as they were by the Law of England there, and that good Rule & order mny be the better kept amongst them & an amiable unity with their Eng- lish & other neighbors be preserved and Especially That their monthly & other meetings may not be seperated.

"Therefore yor petrs humbly request that what hath been so ss sforesd granted by parol may be Confirmed unto them & other pur- chsors & Inhabitants of the sd Tract & their beires by Grant Charter or ordinance containing such Jurisdictions, powers Liberties and un- der such services, Restriccons and Denominacon as in wisdome you shall Judge Expedient, &c.

" THOMAS ELLIS, GRIFFITH OWEN, JOHN BEVAN,

FRANCIS HOWELL, WILLIAM JENKINS,

RICHARD ORME, REES PETER,

HUGH ROBERTS,

MORIS LEWELIN,

JOHN JARMAN,

HENRY LEWIS, WILLIAM HOWELL, JOHN EVANS, ROBERT DAVIES,

JOHN ROBERTS, DAVID MEREDITH,

PHYLIP EVAN."

[Indorsed]

" Pray Sr send no answer to this ffor they are very Earnest shout it but John Symcock much agt it as also Laying so other County beyond theirs. "W. M."

What reply was made to this has not been noticed. The Welsh declined to recognize the division that had been made previously, and this led to the following proceedings. In Council, 1, 25, 1689 :

! 1

" The Secretary produced s Petition ffrom severall Justices and Io- habitants of ye County of Chester, directed to ye Gover" and Councill. The Gover" asked by whome Subscribed : 'twas answered by none. He replyed He should not receive it without a Subscription : it wse delivered to ye persons who attended about it. They Subscribed it. The Gover" then directed it to be read : it was read : ye Coppy There- off ffolloweth (viz :)

"To JOHN BLACKWELL, Esqr., Gover", and the Provinc" Councill of Pennsylvania, &c.

"The Humble Petition of ye Justices of Chester County in the behalfe of themselves and Inhabitants of ye ssid County Sheweth : That wheress ye said County is but s Small trset of Land, not above 9 miles Square, & but Thinly seated, whereby ye said County is not able to Support the Charge thereoff; Vppon our humble Request to The Proprietor & Gover", and his Serious Consideration of our wesk Condition, was plensed out of Compsseion to us, to grant an Enlarge- ment of ye ssme, in manner ffollowing, viz : to runn up from Dela- ware River, along darby mill Creek, ye severall Courses thereoff, un- till they took in Radnor and Herford Townshipps; Then downe to ye Skoolkill; Then vpwards along the severall Courses thereoff without Limmitt.

"Therefore, wee humbly prsy you will be pleased to Confirme ye said bounds, wherehy the County of Chester may be in some measure able to defray their necessary Charge, and wee shall, ss in duty bound, &c.

"Signed by Je" Blunston, The : Brassie, Rand" Vernon, Caleb Pusey, The : Vsher.

"The Gover" Demanded of ye Petitioners how they would make out their alligations. They began to relate some passages wch had passed ffrom ye Proprietor about settling the bounds of ye County of Chester.

" The Gover" Directed them to withdraw, and putt what they had to ssy snd Could depose into writeing : they went forth and brought in their severall attestations following, wch were resd, viz :

"I, John Blunstone, as in relation to ye Devision of Chester County ffrom Philadelphia, dee thus testifie, that a ffew days befure Gover" Penn left this Province, that vpon ye bank by John Simcock's house, I moved him to Deside this matter that had been so long Discoursed, whe then, before me and Others, did Declare that ye hounds Should thus runn ffrem the mouth of Bow Creek to Mill Creek, wch should be ye bounds until it come to ye Land of Herford, and then to take in the Townds of Herford & Radnor; from thence to the Skoolkill, and take in his mannour of Springtowne, by wch our Pattente Holds : then I asked him if he would be plessed to give it under his hand, to avoyde ffurther Trouble, who answered he would if any of va would Come the next day to Philadelphia in order therevnto : one was sent, but what then obstructed I am not certaine, but yt ye Gover" Departed about two days after :

"was signed JOHN BLUNSTON.

"Randall Vernon snyeth, that some time since Wm Howell of Harford Signified vnto me, and gave it vnder his owne hand, yt some time after they there settled that he asked ye Gover" to what County they should he joyned or belong vnto, & The Gover" was pleased to answer him that they must belong to Chester County :

"Was signed R., the mark of RANDU VERNON.

"Our Proprietor and Gover. being pleased to grant to me & Com- mission to be Sheriff of the County of Chester, was pleased some time after to express himselfe to me to this purpose : Thomas, I perceive that the Skoolkill Creek Comes or runs so vpon the back of Philadel- phin, that it makes ye City almost an Island, se that & Rehbery or the like may be there Cuminitted and ye offender gitt over ye Creek and so Escape fur want of due persute, &c., therefore I intend that ye bounds of Philadelphia County Shall Come about 3 or ffour miles on this side of the Skoolkill, and I would not have thee to take notice or to oppose that Sheriff in ye Execution of his office, about Kingses, or the like, but I intend to enlarge this County downwards to Brandy- wine :

"sssertnined by me, THOMAS VSHER.

"Some of the members of the Prov" Councill asserted the Sub- stance thereof, and that ye same was agreesble with the mapp of the Province.

" The Survey" Generlls Deputy was sent for, who showed the hounds of the County from the mapp, and being asked by ye Govert by what order it was sett out, answered it was so ordered by ye Gover" & Provinciall Councill, as would appear by ye Coppy of ye minutes of their proceedings, wch he produced.

"The Gover" Directed that the minutes themselves might be eerched, & Compareing the same Coppy with the Entry, ffound them agree in Substance.

"'Twas observed by ye Gover" and Councill that ye mapp of The Province was the work of Thomse Holme, Survey" Genel; that it was

JOHN HUMPHREY, HUGH JONES,

SAMUEL REES, DAVID EVAN,

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

dedicated to ye Proprietor by ye Publisher; that many Coppys had been published in England and here in this Province, by wch ye same was made notorious to all men's observations and Knowledge, without Controll or Question, and that 'twas likely many Conveyances of Lands might have been passed, Expressing the situations to lye in the Respective Countys; as they were therein Expressed, and that to Disallow thereof, for ye Boundary's might be of ill Consequence on that accot. 'Twas asserted that the Welsh Inhabitants had Denyed themselves to be any part of The County of Philadelphia, by refusing to hear any share of Charges, or serve in office or Jurys, and the like, as to ye County of Chester.

"That the pretence thereof was they were a distinct Barony, wch tho' they might be, yet that severall Baronys might be in one and ye same county.

"The Gover" and most of The present members of Councill De- clareing themselves satisfied Concerning their being a part of Chester County upon ye grounds alliged and proved as aforesaid, yet ffor as much as Thomas Lloyd had desired they might be heard before it were determined Sam" Carpenter was desired to acquaint him that if he, the said Thomas Lloyd, should think fitt so ffarr to Concerne himselfe therein as to appear in their behalfe, or any other, to shew cause why they should not be Declared to be of the County of Chester, (as the Proprietor had promised) they might have liberty so to do before the Govert and Councill to morrow, between 9 & 10 in the forenoon, other- wise the Evidence seemed so ffull as that they should proceed to De- clare their judgment therein."

The next day Thomas Lloyd and John Eckley appeared on behalf of the Welsh, and claimed that the proprietor had given them grounds to expect they should be made a county palatine ; but having no written evidence thereof, the Governor and Council by a vote decided that the former di. vision line should be confirmed. Samuel Carpenter and William Yardley dissented on the ground that the Welsh people should have had more time to make their defense.

The Welsh troubles are now transferred from the Council chamber to the court at Chester. The court made an order appointing John Jerman constable for Radnor and John Lewis for Hartfort [Haverford], but these gentlemen did not come forward to be qualified into office. At the fol- lowing court it was " ordered that warrants of Contempt be directed to the Sheriff to apprehend the bodys of John Lewis and John Jerman for their contempt in not entering into their respective offices of Constable (viz) John Lewis for Hartfort, and John Jerman for Radnor, when thereunto required by this Court."

David Lawrence had been returned as a grand juror from Haverford, but refusing to attend, was presented by that body and fined ten shillings. They also " do present the want of the inhabitants of the townships of Radnor and Hartfort, and the inhabitants adjacent, they not being brought in to Join with us in the Levies and other public services of this county."

At the June court of this year the commission of Wil- liam Howell, of Haverford, as a justice, was read and pub- lished, and "he did afterwards subscribe to the solemn declaration, prepared by the 57th Chapter of the great law of this province." "The Divission lyne between this County and Philadelphia County was read, dated ye 1st of ye 2ª moth, 1685." At the same court William Jenkins, of Haverford, served as a juror, and at the December court John Jerman was attested constable for Radnor. This is the first official recognition by any of the inhabitants of these townships that they were subject to the jurisdiction of Chester County. They seem to have given up the idea of a barony, and with as good a grace as possible submitted

to the authority they were unable any longer to resist. By the close of the year these townships were supplied with a full set of township officers, being the first appointed within their limits.

At the court held in March, 1685-86, it was

"Ordered that the Sheriff take into custody the body of David Lewis upon Suspition of Treason, as alsoe ye body of Robert Cloud for Concealing ye same, for that he the said Robert Cloud being attested before this Court, declared that upon the 3rd day of the weeke before Christmas last att the house of George Foreman, the said David Lewis did declare in his hearing that he was accused for being concerned with the Duke of Monmouth in the West Country."

They were both bound over to appear at the next pro- vincial court, Robert Dyer being surety for his servant, David Lewis, and William Cloud, Sr., for his son Robert. It was doubtless on account of the insurrectionary move- ments in England that the latter received his " Passe" to leave the country some months before this.

September, 1686 .- " The Inhabitance of Bethell and Concord Pre- seated a Paper to this Court signifeing their good liking of the Road lately laid out by the Grand Jury to Chichester."

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 7

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