Record of the courts of Chester County, Pennsylvania, 1681-1697, Part 19

Author: Chester County (Pa.). Courts; Lapp, Dorothy B
Publication date: 1910
Publisher: Philadelphia, Pa. : Printed by Patterson & White Co.
Number of Pages: 890


USA > Pennsylvania > Chester County > Record of the courts of Chester County, Pennsylvania, 1681-1697 > Part 19


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Thomas Weithers Jonathan Hayes Thomas Smyth


M' Joseph Wood sherif John Childe Clark


After proclimation made the Justises Comision being Red they tooke theyr places on the Bench the Clarks comision being Red the Court was Called and AJorned tell the 22º day of this Instant June 1693


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CHESTER COUNTY, PENNSYLVANIA


1693 County Sesions Att a Court held att Chester ffor the County of Chester the 22 of this instant June according to A Jornment and a Court of Common Pleas held the 22 and and and part of the 23 Day of the same by AdJornment The laws being Red


M' George fforman of the Counsell


M' Petter Baynton president


Jeremiah Collett


Justices


Thomas Weithers Jonathan Hayes present


Thomas Smyth


M' Joseph Wood sherife John Childe Clarke


After Proclimation made & silence commanded In theyr Majestios names


The Coustables was Called and Attested


John Hodgkings Constable of the Towne of Chester


Joseph Couborn Constable of the same Township


Thomas Garratt Constable of Beathell


Benjamen Mendinghall of Concord John Hurlbert Constable of Chichester


Samuell Scott Constable of Burmingham


William Edwards Constable of Middelltowne


David Morris Constable of Marple


Thomas minshall Constable of neither Providence


Richard Hayes Constable of havorford


Thomas Worriloe Constable of Edgment


Randell Mallin Constable of upper Providence


Evan Prodaro Constable of Radner


Joseph Stedman Constable of Springfield


Richard Woodworth Constable of Thornbury


William Browne Constable of Aston Jenkin Griffith Constable of newtowne John Radley Constable of westowne


Thomas Bradshaw Constable of Darbye


The ould Grand Juery was Called and appeared and brought in theyer prosentmen which is the 29th of the 4th month 1693.


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RECORD OF THE COURTS OF


wee of the Grand Inquest for the County of Chester Doe Present John Powell of Chester for being Drunke the 13th of this Instant and ffor swereing of oaths Allso for Attempt- ing to Ride over severall Indian women and being with held Drew his knife thretned to rip them up: George Pearce ffore- man where Apon the bench Dismised the Juery with thanks for theyr Care Aboute it whereupon the fforsaid John Powell being before summoned by the sherife by virtue of a summons Dated the 13 of this above sd Instant Appeared before the bench and submiting himselfe wholey to the bench order was that he should be fined to pay 58 ffor swering and 58 for being Drunke and pay all Charges and to bring two sufficent men to be bound ffor his good behavior till the next County Court which two persons were Albert Hendrickson and John Beales whoe Did binde theyr selfs Joyntly and severly by theyr Recognicenes In the sum of fourty pounds to this Court for his good behavior towards All the Kings ledge Peopell till the next County Court


James Lowns and his now wife shusanah who was formerly presented by the Grand Inquest ffor commiting fornication who was sumoned to Appear to this Court he and his now wife shusana Appeared and submitted them selves to the bench order was that they pay 10 shillings for A fine and pay the Charges and be Dismised


The Grand Inquest that was summoned to Appeare Att this Court weare Called whose names are as folloeth


Thomas Couborn


Edward Beazer


Thomas ffox


Walter Martin


John Hood


Charles Whitaker


Richard Bonsall


Isacke Taylor: thornebury


Thomas Powell


George Thomas


John Colvert


William Coborne


William Hawkes


William Collett


Albert Hendrickson


Isack Taylor


Thomas Worth


John Mendingbail


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CHESTER COUNTY, PENNSYLVANIA


Benjamin Mendinghall Exhibeted A petticion to this Court for a Roade way for the Inhabitants of the upper end of Concord and the Inhabitants of thornburg and thereabouts for a Cart Road to Chester towne the order of Court is that the Grand Inquest shall view the way from Gilbert Wollams land and If they see conveniant to lay it oute to Concord and thornbury and for the Rest of the Inhabitants there away


Thomas Couborn Exhibited A petition to the Court for a Roade way by Isack ffews and George Churchmans to com to Chester mill being theyr market for Corn, ordered by the bench that the Grand Juery shall view it and see if it be conveniant they lay it oute.


Ree sent of newTowne ordered to be supevisor for this yeare for that Township


John Chulde Past A Deed of 300 Acres of land lying In westowne to William Cole Bearing date the same Day with the Sesions


PHILLIP YARNELL Plantif


MOSES MUSGROVE Defendant


in an Acction of scandell


and defamation


the Plantive and Defendant weare called & both Appearing they Joyne Issue


the Petty Juery being Called and Appeared


the names of the Petty Juery Impaneled


Richard Parker:


William Glower


Thomas Coates :


Rogger Smyth


Robert Scothern :


Thomas Garrett


Thomas Collier : Nickolas Pille


Richard Buffington : Thomas Baldwin


Robert Woodworth : Thomas Brown


The Decleration was Red


And the Defendants Evidences was Called & Attested : Elizebeth Woodyard being Attested Doposeth that the plantive Philip yarnell came to her ffathers house to the best of her


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RECORD OF THE COURTS OF


knowledge and Asked whether she was a woman and she an- swered she was all one as other women she thought and he said y' he would feele and she said that he should not and he said how should he know whether she was all on as other women If that he did not feele, since she was she that was to be his wife, and then he took her hand being stronger than shee and put Into his Codpise and would have her to feele his members how they went limber or stifer and the Deponant further saith that a nother night he y sd Plantife came to her fathers house and then he Asked her sister Mary for to keepe her up and she said that she would doe what she could to do it and when she the Deponant did see him com in she ran oute into a nother Roome and Cacht hoult on the bed post and he followed her and Cacht hoult of her and lift her on the bed and they lay downe on the bed and she being Awake 3 nights before was very sleepy & she fell asleep and thought she might sleepe neare an hour or there abouts and as she was sleeping shee thought she felt her cloaths to goe up and her feete to move and she Awakeing Asked him how he could be soe wickedly and come from such a good meetting and then she Cryed bitterly And Att last he wept and Asked her for forgivenes and that he would kneele Downe on his beare knees to Aske her forgivenes and she said that she did not Desier any such thinge nor would never have any thinge to Doe with him more and saith further that when she Did Awake she Did happen with her arme to strike him and with her hand unawares she felt his members which Did a fright her very much & further saith not


John Joans being Attested Deposeth that when he was Att the Plantives house that the sd Plantive asked what Peopell George Woodyard and his wife was and he said that they weare sivell People for ought he knew and the Plantive said that he would Goe try his Dafter Elizebeth and see what he could Doe with her and that If that hee could not prevaile with her he would serve such a trick that she was never served In her life before and further saith not


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CHESTER COUNTY, PENNSYLVANIA


Mary Woodyard being Attested saith that the Plantife Did forse her sister Elizebeth Upon the bed shee Did see it and went away because she thought that he was an honest man


Sarah Smedlye being Attested Deposeth that she did heare Philip yarnell confess that he had been foolish in soe much that somthing scattered from him which was his seed and that she hard Elizebeth Woodyard say she did not know what was In his mind


John Worolo Being Attested for the Plantive saith that he and the Plantive Philip yarnell came to George Woodyards house together and that he did see the plantive and the two Girls and another man whose name is John Golden Asked Elizebeth whether Philip yarnall Did goe to forse her or no and she said no Its was ods betwene A mans breaking A house and Atempting to do it.


John Golden being Attested Deposeth as the Aforsaid John Woroloe Did before ffrances Yarnell being Attested for the Plantive Deposeth that he went A longe with his Brother Philip yarnell to George Woodyards house and saith that he asked George Woodyard to let them com face to face and the ould woman said she should not unless an officer came because he came to trapan them and the Girls said that he would never a forst her nor Did not know whether she was man or woman and After they came oute of the house that George Woodward said he would not a had his Dafter to a made words about it The verdit of the Juery is we of the Petty ) heare Apon Judg- Juery Doe ffind ffor the Plantive Cost of ment Is Granted sute and two Pence Damage Richard According to Parker fforeman verdit


The Defendant Moses Musgrove thinking himselfe Agreeved with the verdit by his Attorney George Stroude Pettioned to A Court of Equity


M' Joseph Wood High sherif Attorney for John Roads Past a Deed of fivety Acers off land to John Hood the land Lying and being In Darby township being part of John Binn- stons late purchased ( ?) land.


19


292


RECORD OF THE COURTS OF


Robert Scothern Attorney ffor Robert Smyth Past A Deed to John keirke for fivety Acers off Land the Land lying in Darby township


Joseph Wood sherif Attorney ffor William Gregory Past A. Deed of one hundred Acers of land unto John Wood Attorney for Daniell Hibert the Deed bearing Date the 12th Day of June 1693 the Land lying In Darby towneship


Robert Scothern Past A Deed of fivety nine Acers of Land unto John Wood the Land Lying In Darby towneship


THOMAS WEITHERS Plantive In An Action of Dept, The And Plantive and Defendant


ROBERT MEKEE Defendant J being both Called the Plan- tive Appeared and the De- fendant Did not Appeare


the Plantives Decleration being Red and this being the third Court and the Defendants not Appearing Judgment is given by the Court for the Plantive to his Dept which is four pounds ten shillings with Cost of suite


WILLIAM HAWKES Plantive In an Action of Dept. The ROBERT MEKEE Defendant Plantive and Defendant being Called the Plantive Appeared and not the Defendant and this being the fourt Court and the Defendant not Appearing, Judg- ment is Given by the Court the Plantive shall have his Dept which is the sum of one pound twelfe shillings and six pence with Cost of suite


RICHARD BUFFINGTON Plantive ) In an Action of Dept. The ROBERT MEKEE Defendant Plantive and Defendant being both Called, the Plantive Appeared and not the Defend- ant and this being the third Court and the Defendant not appering Judgment is Given by the Court that the Plantive shall have his Dept which is one pound six shillings & three ponce with Cost of suite


293


CHESTER COUNTY, PENNSYLVANIA


PHILIP YARNELL Plantive


ELIZABETH and MARY


In An Action of Scandell and


WOODYARD Defendants Defemation. with Drawn


This Court of Common Please AJornes tell the 12 day of September next ensuing


The Court of Equity held the 23th Day of June 1693 Att Chester


MOSES MUSGROVE Plantive 1 After Proclamation made, PHILIP YARNELL Defendant Silance commanded The Plan- tive and Defendant being Called they both Appeared and the Court AJorned to the house of Justis Peter Baynton And Accordingly they mett And After the heareing of Both parties the Decree of this Court is that the Plantive and Defendant shall Pay Equally All the Charges of the Court of Common Please And that the Defendant Philip Yarnell shall pay All the Charges that Accrues to this Court of Equity


Att A Court of Quarter sesions held Att Chester ffor the County of Chester the 12th day of September 1693 And Alsoe A Court of


Common Please held the 13 Day of the same


Justices there Present Petter Baynton President Jeremiah Collett Thomas Weithers Jonathan Hayes Thomas Smyth


Joseph Wood Sheriff John Childe Clarke


After Proclemation made Silence commanded In theyr ma- jesties names the Constables were Called and Appeared and the Grand Juery was Called and Appeared


William Ratew Exhibited A Pettion to the Court he haveing served oute his time and his master Nathaniell newland Turn- ing him of without Cloaths fiting for a sarvant to have the Court ordered that his sd master Nathaniell Newland shall Pay to his sarvant William Ratew on new hatt one new Coate


294


RECORD OF THE COURTS OF


& A new Westcoate A new paire of Breeches and Drawers and A new paire of stockings and a new paire of shoes; and ten bushells of wheate or fourteen bushells of Indian Corne and 2 bowes and on ax


Thomas Worth of Darby Attorney ffor Henery Gibbens of the same Past A Deed of twenty two Accers of land to Richard bonsall Attorney for John Wood of Darby, the Deed beareing Date the sixt Day of August 1693


John Wood and Jeane: by theyr Attorney Richard Bonsall Past over A Deed of twenty two Accers of land Lying In Darby Township unto Henery Gibbens by his Attorney Thomas Worth the Deed bearing Date the sixt Day of August 93


Joseph Wood high sherif of the County Attorney ffor Thomas Paskell Delivers A Deed for four Access of meduwe unto Samuel Sellers the Deed bearing Date the ninth Day of the seventh month 1693


ffrances Little Delivered A Deed of morgage to Justis Collett a torney ffor M' George fforman Counselor and Jasper Yeates Gardians for James Sanderlens the Deeds bearing Date the fiveteenth Day of August 1693 ffor All his houses and Tennements In the Towneship of Chester with all priviledges belonging to the same ffor the sum of 36 pounds to be paid on the 15th Day of August in the yeare 1695 : and If Payment be made then its to Returne to the said francis Little or his heirs executors administrators or asigns the fforesaid Justis Collett Delivered the Counter Part unto the saide ffrances Little In . open Court


William Curtis and George Chandler and John Garrett ffor being Abetters to A match of wrestling Att the house of John Cox in the Township of Ridley weare Called to the bar And they submiting themselfs to the bench order is that they behave themselfs well ffor the future and Pay theyr Charges and be dismist


Allsoe John Cox was Called to the bar for his suffering such unlawfull Exercise Att his house


September the 12- 1693 The Grand Juery by the kings and


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CHESTER COUNTY, PENNSYLVANIA


Queens Authority Presents John Cox of Ridley Township ffor keepeing A Disorderly house of Entertainment there being lately A Revell and men have A busied them selfs to Drunken- ness and ilighting and Abused themselfs and others to the Terrors of the Inhabitants thereabouts and therefore dangerous ffor strangers to goe to the house or Pass by.


Thomas Coeborne fforeman


John Cox being Againe Called to the bar to Answer the Presentment of the Grand Juery he submiting himselfe to the bench the order is that he shall Pay All the Charges that Dos Acrew Att this Court and to find two sufficent men for to be bound for his keeping A sevill house of Entertainment for the future the two Persons that Are his sureties are Joseph Kent and Andrew ffrind who doe Recognise themselfs Joyntly and severally to this Court In the sum of fourty Pounds of good and Lawfull mony of Pennsilvania


Samuell Scoole being Called to the bar to Answer ffor his being consarned A boute John Powell being In the Cannow with him when he was Drowned order is that he bring to men to be bound for his Good Behavior tell next Court And for his Appearance there to Answer


The Persons who doe stand bound ffor Samuell Scooles Ap- pearance Att the next Court Are Robert Barra and John Clues who doe bind themselfs Joyntly and severally In the ffull sum of fourtye Pounds for his Appearance Att the next Court.


A Trew Return of a Road lavd oute by the Grand Inquest the 21st of the 6th month 1693


According to Court order This Road begins Att A hickery marked with five noches A pon the land of John kingsmans Land In the Towneship of thornbury and soe throw the land of John kingsman to the Land of Benjamin Mendinghall Ley- ing in Concord And then a long the land of Benjamin Mending- hall to the land of William Hiskock And then throw the land of the fore said Hiskock to the land of Nathaniell Newland And soe A Cross Part of the Land of Nathaniell Newland to his Plantation fence And then A Crose his Plantation Down


296


RECORD OF THE COURTS OF


to his barne end and up the Lane from his bar End and throw the Rest of bis land to the Corner of Robert Chamberlins and soe Down the said fence as It now stands to the ould Roade Againe to the Tract of land that was forinerly Thomas Brassies and soe throw that Tract of land to the Land of Mary Mores and so throw the land of Mary Mores unto Gilbert Woolliams and soe throw the land of the said Woolliams to A small hickery standing by the Roade side marked with five noches and there Ending


wee of the Grand Inquest according to the Courts order have viewed the land of Isack ffewes ffor a Road way for Thomas Couborn to George Churchmans and to Caleb Pusyes mill and we find it not conveniant to lay oute A Roade In that place neither Doe we find it conveniani to lay oute a Road upon Isack flewes Land for Thomas Couborn


John Powell of the Township of Ashtown In this County was Drownded In Chester Creek the fifth Day of August 1693 Joseph Wood Coronor summoned A Juery The verditt of the Juery is: that they Doe find that the death of John Powell was wholey and solely an Accident and no wayes by any forse or violence used A pon him or Against him the 6 of August 1693 the names of the Juery Are As ffolloweth Joseph Richards senior foreman Joseph Richards Junior John Nixson John Beales, Charles Brooks: John Maddock, John Clues, Henery Hollingsworth Rogger Jackson, Allexsander ffinloe Timothy Atkinson Isack ffew: James Lownes.


The said John Powell Dying without will one Samuel Powell of Philadelphia being found to be nearest kin to him the Governour William Markham Esquier Granted him A letter of Administration to the Estate of John Powell and the Coronor by the Courts order Delivered It to him and to John Parsons whom he made Choyse of to Receve It in Posseion for the sª Samuell Powell


Att the Court of Common Please the sheriff made Returne of three Exeentions Levied Apon the Estate of Robert Mekee on for Thomas weithers for the sum of four Pounds ton


297


CHESTER COUNTY, PENNSYLVANIA


shillings with Cost of suite and one for William Hawkes for the sum of one pound twelfe shillings and six pence with Cost of suite and one ffor Richard Buffington for the sum of one pound six shillings and three pence with Cost of suite All Levied Apon the second day of August 1693 And Appraised the same Day by A Juery who was Attested by Justis Collett : they Apraised the Plantation with all the Premises belonging It being on hundred Accers of land lying in The Township of Beathell in the County of Chester: Appraised Att ffourteen Pounds: by the Juery whose names are as ffolloweth : Robert Eyre : James Browne, Tho Garrett : Henery hastings, William Clayton George Chandler, John Garrett Henry hames, Robert Jefferis William flower John Neals, Roger Smyth.


The sherif made Returne of an Execution that he Levied In the hands of Richard Crosby for what was in his hands of the Estate of George Andross ffor the sum of Eleven Pounds ten shillings with Cost of suite which is one pound ten shillings wh: makes the whole sum thirteen pounds for M' George fforman Levied the 3d day of August 1693 and Its fully satis- fied sence


CORNELIAS JUSTESON Plantif And ANDREW FFRIND Defendant In An Acction of scandell and Defemation : the names of the


---


the Plantive and Defend- ant both weare Called and Appeared and the Doc- leration was Red and they Joyne Isue the Juery was Called


Petty Juery


John Bartram


John Hollaway


Thomas Hood


1 William Smyth


William Tally Richard Bufinton James Hendrixson


Joseph Need


Edmund Cartlidge John Hendrixson Matt: Morten James Bayles


The verdit of the Juery is wee of the Petty Juery Do find it for the Plantive with one shilling Damage and Cost of suite John Bartram fforeman


Where ipon Judgment Is Given According to the verdit of the Juerey


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RECORD OF THE COURTS OF


the Plantive was


Thomas Longshore of the County of new } Castell Plantive Against nathaniell Watt- called and the De- more Defendant In An Acction of Dept fendant they


for the sum of GD: 148 were both called and Appeared and they Referred It to the bench And After they heard both Plantive and Defendand they order that the Defendant Pay unto the Plantive the sum of four pounds fourteen shillings and six pence with Cost of suite


Nathaniell Newland ordered to be supervisor for the Town- ship of Concord for this yeare


Robert Turner Plantive as Adminstrator to the Estate of Christopher Taylor Deceased Against the Esteat of Ralph and Dorithy ffreetwell Defendants this being the ffourth Court as It has been Called and none Appearing for the Defendants: the Decleration was Red and Alsoe A letter of Administration of Robert Turner for the Estate of Christopher Taylor And Alsoe the Artiels of Agreement betwen Ralph ffreettwell and Christopher Taylor Deceased was Red And none Appearing for the Defendant : The Court Gives Judgment for the ballence of the Accounts which Appears to be the sum of ffive hundred and fourty Pounds seven shillings and nine pence, with ffive Pounds Damage and Cost of suite Against the whole Esteate both Reall and Personall of Ralph and Dorithy ffreettwell as heirs Excecutors & Administrators of Ralph ffreettwell De- ceased, Alsoe It was ordered by the Court that whatsoever sum or sums of money Could be made Appeare was Paid to wards the Iland of Tinicum was to be Allowed of & to be Paid Backe to the said Ralph frettwell or his heires or Assignes


Petter Dix for not standing to the Award of the Justis of A peace but would bring it to Court Judment was there cou- fermed and he orderd to pay all the Charges that Did Acrew


Richard Crosby came into Court and acknowledged full satisfaction for the morgage of ffrances Little house at Chester


299


CHESTER COUNTY, PENNSYLVANIA


Att, an orPhants Court held ( The Justises there Present was Att Chester ffor the County M' George fforman Petter Baynton President Jeremiah Collett of Chester the third Day of October 1693


Thomas Powell made his) Thomas Weithers complaint Consering the Jonathan Hayes Thomas Smyth Estate of his Brother Joseph Powell Deseaced In the be- halfe of the orphans of his Brother


Joseph Wood Sherif John Childe Clark


The order of Court is that John Blunston and George Martis and Samuel Levis and Caleb Pusye Appeare Att the next County Court there to Give an Account to the Court how the Estate of Joseph Powell Is Divided or Disposed of.


Samuell Levis being Called Att the request of Joseph Wood high sherife and after Examination Samuel Levis Did then Promise to give security to the next County Court ffor the Estate of Joseph humphrye Decesed which is the sum of thirty nine Pounds and seven pence or to Deliver up the Effects In to the Courts hands This orphans Court Ajornes to the first third day of march next


Att A Court of Common Pleass held the third day of october 1693 the Justices as A bove said there Present


Andrew ffrind Plantife and Andrew Robinson of West Jersey Defendant was Called and the Defendant Exhibeted A Peticion to the Court by Reason of his being of the As- sembly he could not Apeare, the order of Court is that the Action be continued till the next Court


Robert Langhum Exhibited A Pettion to the Court for his Custom of the Country he haveing served Eight years and had nothing Allowed him the Court ordered him to Appeare Att the next County Court


The Court ordered that the Township of Chester shall helpe the Townshipe of Ridly to make a foote bridge Att Walter fosetts over Ridlye Creeke within twelfe Days time After this Court.


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RECORD OF THE COURTS OF


The boyes that Mauris Trent Brought In to this Country were Called to be Judged by Court Caleb Pusyes boy Alex- sander Ross A Judged by the Court to be Eleven years of Age and to serve tell the Age of one and Twenty and to have the Custom of the Country and be Discharged from his serviitude by the said Caleb Pusye, Richard buffintons boy Deniell Mack Deniell was A Judged by the Court to be ffourteen years of Age and to serve tell he is twenty one years of Age and the said Richard Buffinton is ordered to pay him the Custom of the Country and A Discharge from his servitude.


Thomas Weithers boy James Hercules A Judged to be thirteen years of Age And to serve tell he is twenty one years of Age and then to be Allowed the Custom of the Country and A Discharge from his servis by Thomas Weithers. Nickoles Piles boy : George Leacy A Judged to be twelfe years of Age and to serve tell he is twenty one and to be Allowed by Lis master as the aforesaid.


Jeremiah Colletts boy Alexander mecany A Judged to be fourteen years ould and to serve tell he is twenty one years of Age and to be Allowed as the A fore said by his master Jeremiah Collett


William Colletts three boys Magnis Simson A Judged to be Eleven years of Age and to serve tell the Age of twenty one and to be Allowed by his master as the Rest of the boys James Canide and James Driver both William Colletts sarvants were A Judged to be fourteen years of Age and to serve tell they are Twenty one years of Age and to be allowed As the Rest by theyr master William Collett




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