Early Registry of Wills in Bucks County, Pennsylvania: 1684-1693
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EARLY REGISTRY OF WILLS IN BUCKS COUNTY, PENNSYLVANIA: 1684-1693. In England the probate of wills and granting letters of administration was one of the functions of the ecclesiastical branch of the government ; to which fact we are doubtless indebted for the old form, by which the Register, "Desiring that the Goods, Rights and Credits which were of the De- ceased may be well and truly administered, Converted and Disposed of to pious uses," appoints some one "in whose fidelitie for ye use aforesaid I verie much confide," to ad- minister to the estate. By virtue of his charter, William Penn was authorized to establish an office for the probate of wills and granting of letters of administration (Art. V.), and amongst the laws agreed upon in England, between Penn and his prospective colonists, it was provided : "Twenty-second. That there shall be a register for births, marriages, burials, wills, and letters of administra- tion, distinct from the other registry. "Twenty-third. That there shall be a register for all servants, where their names, time, wages, and days of pay- ment, shall be registered." These provisions were re-enacted in "The Great Law or The Body of Laws" passed at Chester, alias Upland, the 7th of December, 1682, (Chaps. 47, 48), but were abrogated by William and Mary, King and Queen, in 1693. A Register General for the Province was appointed, who in turn might appoint deputies in the different counties, of which there were but Philadelphia, Chester and Bucks until 1729. There is some evidence that a deputy was appointed for Chester County, but no records of his office, prior to 1714, have been found. Wills and administrations prior (198 ) Early Registry of Wills in Bucks County. 199 to this date will, with few exceptions, be found in Philadel- phia. An Act of Assembly was passed June 7th, 1712, reciting that an act passed in 1705 directed the Register General to appoint deputies in each county, but that "no register has been commissionated and deputies constituted in each county, as the said act directs." The later act reaffirms the duty of the Register General to appoint deputies, and under this law a Registry of Wills was permanently estab- lished in the counties of Chester and Bucks. Even after this date many wills from these counties were probated in Philadelphia, it appearing to be optional with executors to take this course. After the Revolution, each county had its Registry of Wills, independent of all others. Bucks County, however, possessed a deputy Register in the person of Phinehas Pemberton, who filled the office from 1684 until the abrogation of the law under which he was appointed. He also kept a registry of arrivals in the Province, with some marriages, births and burials. His records are contained in three small volumes, now becom- ing much worn and somewhat illegible. During his term the office of Register General was filled successively by several persons, from whom he derived his authority. 200 Abstract of Early Bucks County Wills. A REGISTRY OF ALL WILLS, LETTERS OF ADMINISTRATION AND THE NAMES OF EXECUTORS, GUARDIANS AND TRUSTEES in THE COUNTIE OF BUCKS IN THE PROVINCE OF PENNSILVANIA. Begun on the tenth Day of the tenth month in The Fourth Yeare of the Proprietaries Government Annoque 1684. The Commissions granted by Christopher Taylor, Reg- istr Genera11, to Phinehas Pemberton for holding the Regis- ter's Office for the County of Bucks in the Province of Pennsilvania : recorded the 10th day of the 10th month 1684. To PHINEAS PEMBERTON of the Countie of Bucks, Greeting : (Seal.) By virtue of that A uthoritie derived to me from the Proprietary and Governour of Pennsilvania to Officiate as Register Generall of Pennsilvania and the Counties of Kent and Sussex, being Part of the Territories of the same, I appoint thee to be my Deputie in the aforesaid office for the said County of Bucks in the Province aforesaid ; That is from henceforth to write and Register all contracts and Certificates of Marriage, to register Births and Burialls and the Names of all Servants that are or shall come into the said County, their time of Service, Payment and Freedome ; And I doe hereby Impower thee to receive Fees Established by Law for the same : To hold the said office as my Deputie so long as thou shalt well behave thy self therein. CHRIS: TAYLOR. Given at Philadelphia 23. 4 mo. 1683. Abstra,ct of Early Bucks away Wills. 201 To PHINEAS PEMBERTON: By the Authoritie derived to mee from the Proprietary and Governour of Pennsilvania I depute and appoint thee to be Register of the Countie of Bucks in Pennsilvania; that is to prove all Wills and grant all Letters of Admin- istration and to make all certificates of Marriages and Reg- ister the same, and to Register the Names of all the free men that are or shall come into the aforesaid County and of Servants and their contracts with their Masters and time of Service and Freedome : All Births and Burialls and to take Fees established by Law and what is equitable where the Law is Silent in that matter, and to do all things which may be comprehended in the office to thy former Deputa- tion. And to continue in the Registers office as abovesaid so long as thou shalt well behave thy self. CHRISTO: TAYLOR, Register Generall. His 1,, From Philadelphia the 25th Seal J day of the 5th month 1684. COUNTY OF BUCKS IN THE PROVINCE OF PENNSILVANIA. The Letters of Administration granted to Nicholas Wain and Robert Heaton, both of Neshaminah in the Countie aforesaid upon the Estate of Alexander Giles, late of Nesh- aminah aforesaid, the 10th day of the 10th month, 1684. Whereas Nicholas Wain & Robert Heaton in the County and Province aforesaid did the day of the date hereof ap- peare before me Phineas Pemberton, deputy Register for the said County of Bueks, desiring to take out Letters of Administration upon the Estate of Alexander Giles of the aforesaid County, and having given in and attested an In- ventory of the Estate of the said Alexander Giles Wth suffi- cient Securitie to pay his Debts and dispose of the remainder according to Law. I do by vertue of my Commission from Christopher Taylor, Register generall of the said Province 202 Abstract of Early Bucks County Will& and part of the Territories grant Letters of Administration to the sd Nicholas Wain & Robert Heaton for the Ends and Purposes aforesaid under my hand and the County Seal the Day aforesaid. PHINEAS PEMBERTON. Deputy Register. Registered the 12th day of the 11th month THE ADMINISTRATION GRANTED ON THOMAS WALMSLEY'S ESTATE. Whereas Elizabeth Walmsley of Neshaminah in the County and Province aforesaid did the Day of the Date hereof appeare before me Phinehas Pemberton, Deputy Register for the said County of Bucks desiring to take out Letters of Administration upon the Estate of Thomas Walmsley,' her late husband, of the aforesaid Countie, having given in and attested an Inventory of the Estate of the said Thomas Walmsley with sufficient securitie to pay his Debts and Dispose of the remainder according to Law I do by vertue of my Commission from Christopher Taylor, Register Generall for the said Province and Part of the Territories grant Letters of Administration to the said Elizabeth Walmsley to the Ends & purposes aforesaid. Given under my hand and the County Seal ye 10th 10 mo: PHINEHAS PEMBERTON, Deputy Register. 5 Registered the 12th of t 11th mo : 1684. 1 Cuthbert Hayhurst, wife and family, Nicholas Walne, wife and three chil- dren, Thom: Wriglesworth and Alice, his wife, Thom: Walmsley, Elizabeth his wife and Tho: Croasdill, Agnes his wife and six children, Tho: Stackhouse, his wife, Ellin Cougill, widdow and her children, and Will" Hayhurst are recommended by a certificate from Friends at Settle Monthly Meeting, York- shire, dated 7th of 4th mo. 1682. It is claimed that these persons were pas- sengers on "The Welcome." The records of Middletown Monthly Meeting show that "Thomas Walmsley [was] Buried about y° 11th Day of y• 10th month 1682." His widow, being about to marry John Purslow, took measures to settle the estate of her first husband. Abstract of Early Bucks County Wills. 203 An Account of the goods of Thomas Walmsley late of this County. In Bedding. 05 10 00 Cutions . 01 00 00 in brass pewter & i Iron pot 02 02 00 in wood ware . 00 10 00 in Iron ware . 03 00 00 in boxes . 00 08 00 in Remnant of Stuff 01 00 00 A debt . . 01 00 00 i Share & Culture 00 10 00 in Sheets . 01 00 00 one Saddle & pillion 00 10 00 one mare att 03 10 00 2 heifers at. . 06 00 00 1 Sow & piggs att . 01 10 00 250 Ackers of Land not prized . • • • • • • 27 10 00 Apprized by JAMES DILLWORTH DAVID DAVIS. Administration was granted on the estate of Morass CROSDALE to his widow, Agness Crosdale, of Neshaminah, 10th of 10th month 1684. Registered 12th of 11th month 1684. Inventory, taken and Aprized by James Dillworth and Thomas Constable, 8th of 10th month 1684, £47 : 09 : 00. 500 Ackers of Land not prized. Will of HENRY COMELY of the County of Bucks, being weak of Body. To wife, Joan Comely, one third of all per- sonal estate, both goods and Chattells : To daughter Mary 100 acres of uncultivated land or the value thereof: To son Henry the remaining two thirds of goods and chattels, and 204 Abstract of Early Bucks County Wills. particularly one feather bed and appurtenances ; together with 200 acres of land bought by me of the Governour, be- side the house and hundred acres which I now live in.