CHAPTER IV.

FROM THE ORGANIZATION OF LANCASTER COUNTY TO THE TERMINATION OF THE COLONIAL GOVERNMENT.

Opinion was divided respecting the most suitable place for a Court House. Wright's Ferry, the residence of the first Sheriff of the county, was strongly recommended, and the Sheriff felt so confident that the Ferry would be selected as the site "that he had a strong wooden building put up near his residence, which was intended for the county Goal. It is only a few years since this building was pulled down."1 [1729.]

The house of John Postlewhait, in the townshp of Conestogoe, now the residence of Jacob Fehl, Esq., being an old settlement, the original site of an Indian wigwam and close to the Indian town of Conestogoe, was selected for the purpose, and a temporary Court House and Goal, built of logs, were erected there.

The following extracts from the Sessions and Road Docket of the Court of Quarter Sessions exhibit the state of things at that period.

At a Court of General Quarter Sessions of the Peace, held at the house of John Postlewhait, in the township of Conestogo, for the county of Lancaster, the fifth day of August in the third year of the reign of our Sovereign Lord George the Second, by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, etc. Before John Wright, Tobias Hendricks, Andrew Cornish, Thomas Read and Samuel Jones, Esquires, Justices of our said Lord the King, the Peace of our same Lord the King in the county aforesaid to keep, as also divers felonies, trespasses and other misdemeanors, in the said county committed to hear and determine assigned, etc.

The Court being opened, the Sheriff, to wit, Robert Barber, Esq. returns the Writ of Venire Facias to him directed, with the panel thereunto annexed, and the following persons were sworn and affirmed on the Grand Inquest, viz:

The following persons were by the Court appointed Constables, Overseers of the Poor, and Supervisors of the High Ways for the respective Townships, viz.:

DOMINUS REX

VS.

And now at this day Morris Cannady being indicted by the Grand Inquest for this county for MORRIS CANNADY.) having feloniously taken, stolen, and carried away fourteen pounds, seven shillings, the goods and chattels of Daniel Cookson, was brought to the bar in custody of the sheriff, and being asked how he would hereof acquit himself, pleaded thereunto instantly not guilty, and for trial put himself upon the country, and Joseph Growdon, Jr., Esq., who, for our Sovereign Lord, the King in this behalf prosecutes in like manner; and thereupon a jury being called, immediately came, viz: John Lawrence, Robert Blackshaw, Thomas Gale, John Mitchell, Joseph Burton, Edward Dougherty, Richard Hough, Joshua Minshall, Richard Carter, Joseph Worke, David Jones, Lawrence Bankson, who to say the truth of and upon the premises being duly elected, tried, sworn or affirmed upon their oath and affirmation, respectively do say, that the said Morris Cannady is guilty of the felony aforesaid in manner and form as he stands indicted; and thereupon it is considered by the Court that the said Morris Cannady pay to the Governor,

for the support of this Government, (the money stolen having before been restored unto the said Daniel Cookson, the right owner thereof) the sum of fourteen pounds seven shillings, and that he further pay the costs of this prosecution, together,with two pounds eighteen shillings, by the court allowed the said Daniel Cookson, for his loss of time, charges and disbursements in the apprehending and prosecuting the said Morris Cannady, and that the said Morris stand committed to the custody of the sheriff of this county, until he make satisfaction for the sums aforesaid by the court in manner aforesaid adjudged, and moreover shall be publicly whipped .. on his bare back with twenty-one stripes well

laid on.

....

Upon the petition of Morris Cannady, setting forth that he hath no estate or effects whatsoever, to satisfy the fine to the Honorable, the Governor of this Province, and to discharge the costs of prosecution against him, and humbly praying the relief of this Court in the premises; it is therefore ordered per curiam, that the said Morris be sold by the said sheriff of this county, to the highest bidder for any term not exceeding six years, and that the money thence arising be applied for or towards payment of the fine and costs aforesaid; and that the sheriff make return of his doings herein to next court.

1730, November 3.-At a court held at Lancaster-Robert Barber, late sheriff of the county, reports to the Court, that pursuant to a former order he had sold Morris Cannady for the time limited by said order to one John Lawrence, of Peshtank, for sixteen pounds, of which sum he had only received the value of fourteen pounds, five shillings, and the said John being insolvent, the remainder could not be had; he therefore prays this court would order the Costs of suit and other charges against the said Cannady to be settled and the state thereof represented to the Governor, that the said sheriff may be no further liable than he hath effects to answer.

Ordered, per curiam, that, Tobias Hendricks and Andrew Galbraith, Esqrs., settle the said accounts and certify their proceedings to the Governor in behalf of the said sheriff, according to his prayer.

Petition presented to Court by the subscribers, "praying that they may be recommended to the Governor as suitable persons to trade with he Indians," was allowed per curiam.

James Pattison, Edmond Cartledge, Peter Chartiere, John Lawrence, Jonas Davenport, Oliver Wallis, Patrick Boyd, Lazarus Lowry, William Dunlap, William Beswick, John Wilkins, Thomas Perrin, John Harris. At the same session petitions were presented to the Court praying to te recommended to the Governor as proper persons to keep public houses of entertainment, which were severally granted per curiam, in favor f John Postlewhait, John Miller, Jacob Funk, Christian Stoneman,

Jacob Biere, Edward Dougherty, Samuel Taylor, Francis Jones, Mary Denny.

Upon the petition of divers inhabitants of this county setting forth the necessity of a high-way through Hempfield township, from the first unsurveyed land near Sasquehannah to Christian Stoneman, his mill, and from the said mill to Daniel Cookson's at the head of Pequea, and praying that fit persons may be appointed to view and lay out the same accordingly, It is ordered per curiam that Edmond Cartledge, William Hughes, Charles Jones, Henry Neife, John Brubaker and James Pattison, do view the said place, and if they, or any four of them are satisfied that there is occasion for the said road, they lay out the same and make return by course and distance under their hands to the next court.

WHEREAS, At a meeting of the magistrates and others at the house of John Postlewhait, on the ninth of June past, (1729) it was agreed that for the present supply of this county, the sheriff should erect a building sufficient to hold prisoners and should be allowed towards the defraying the expense, the sum of five pounds, public money, which building is now near built. It is therefore agreed and ordered by this Court that the said sheriff shall with all expedition finish the said building, which when finished shall thenceforth be reputed the common goal of the county of Lancaster, till the public prison be built, and with this order the Sheriff agrees.

At a Court of General Quarter Sessions of the Peace held in Conestogoe, the fourth day of November:

"Upon the petition of sundry Germans, inhabitants of this county, setting forth that they had taken the legal qualifications required of foreigners and praying this Court would please to recommend them to the Hon'ble Governor in order to obtain his favor for Naturalization

"Ordered per curiam that a Recommendation pursuant to the said Petition be drawn and signed by the Clerk of the County in behalf of the Court to present to the Governor in favor of of the above petitioners for the Intent abovesaid."

"Upon complaint of the Sheriff to this Court that the County was unprovided with Locks, Bolts and Irons necessary to secure felons, etc., It is ordered that the said Sheriff procure two sufficient Locks and a Chain suitable for the aforesaid use, to be paid by the County."

"At the request of the Sheriff of the County to this Court setting forth that he had, according to a former order of this Court, finished the Prison according to bargain, and that the Court would please to view the same, that he may obtain an order on the Treasurer for pay for the same. Ordered per curiam that Tobias Hendricks and Andrew Gailbraith view the said Prison and make report to the Commissioners and Assessors accordingly."

At a Council held at Philadelphia, Febry. 19th, 1729–30.

PRESENT:

The Honble. PATRICK GORDON, ESQ., Lieut. Governor.

The Governor acquainted the Board that whereas, by the Law for erecting Lancaster County, John Wright, Caleb Pierce, Thomas Edwards and James Mitchel, or any three of them, are empowered to purchase for the use of the said County, a convenient piece of Land to be approved of by the Governor, and thereon to build a Court House and Prison, and that now the said John Wright, Caleb Pierce and James Mitchel, have by a Certificate under their hands, signified that they have agreed upon a Lot of Land for the uses aforesaid, lying on or near a small run of water, between the plantations of Roody Mire, Michael Shank and Jacob Imble, about ten miles from Sasquehannah River, and prayed his approbation of the same. The Governor therefore referred the matter to the consideration of the Board, whether the situation of the place those gentlemen had pitched on for a town might be fit to be confirmed, and that a town should accordingly be fixed there. But the question being asked to whom the land they had made choice of now belongs, and who has the property of it, because it may be in such hands as will not part with it, or at least on reasonable terms for that use, and this not being known by any at the Board, it was deferred till such time as that point could be ascertained. But as it is presumed for anything that is yet known, to be unsurveyed land, and that the right is only in the Proprietor, it is the opinion of the Board that it is more proper to be granted by the Proprietor for such uses than by any other person.

MEM.-The Governor having understood that the right to the Land pitched upon for the Townstead of Lancaster remains yet in the Proprietaries, was advised to approve of the place agreed on by Messrs. Wright, Pierce and Mitchell, and the same was confirmed accordingly, by a writing dated May 1st, 1730.1

At a Court of General Quarter Sessions of the Peace held at Lancaster, the third day of November in the fourth year of his Majesty's reign, Anno 1730, before John Wright, Thomas Edwards, Tobias Hendricks, Andrew Cornish, Andrew Galbraith and Caleb Pearce, Esqs., Justices of our Lord the King, the Peace of our said Lord the King in the County aforesaid to keep, as also divers felonies, trespasses and other misdemeanors in the said County committed, to hear and determine assigned. The Court being opened the Sheriff, with John Galbraith, Esq., returns

1 Col. Records.