USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 13
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Proud places the arrival of William Markham in one of these ships, with certain commissioners, whom he says were joined with him, "to confer with the Indians or Aboriginies of the country respecting their lands, and to con- firm with them a league of peace." It is possible that certain commissioners arrived on board of one or more of these vessels, but they were not associated with the Deputy Governor as has been mentioned. The only purchase of land that was made from the Indians for the Proprietary before his arrival, was the large purchase on the Delaware above Shackamaxon, which was made by Markham alone, although the commissioners were then in the country.
The commissioners were William Crispin, William Haige, John Bezer, and Nathaniel Allen. William Crispin was appointed surveyor-general as well as commissioner, but died before his arrival, whereupon Thomas Holme was appointed in his place. Though they appear to have been authorized to treat with the Indians and purchase their lands, their instructions show that their main business was to fix upon the site of and lay out a city-to survey and apportion lands and city lots among the newly arrived immigrants, who had for the most part made their purchases in England. The following ex- tract from these instructions, no doubt gave rise to the tradition that Penn had fixed on Upland or Chester as the site of his great city.
"That having taken what care you can for the people's good, in these respects above- said, let the rivers and creeks be sounded on my side of Delaware River, especially Up- land, in order to settle a great town, and be sure to make your choice where it is most navigable, high, dry, and healthy; that is where most ships may best ride, of deepest draught of water, if possible to load or unload at the bank or keys side without boating and lightening of it. It would do well if the river coming into that creek be navigable, at least for boats up into the country, and that the situation be high, at least dry and sound, and not swampy, which is best known by digging up two or three earths and see- ing the bottom."
The celebrated "conditions and concessions" agreed upon between Penn and those who became "adventurers and purchasers" under him, were pub- lished in England some time before the date of the letter of instructions to the commissioners. Thomas Holme, the surveyor-general, did not arrive till the last of June of the following year.
Although the minutes of the council of Governor Markham are not to be found, there is a document preserved that shows that one of its first acts was the prohibition of the sale of strong drinks to the Indians. This paper is a pe- tition to the Governor and council over the uncouth signatures of Passayunk Indians, asking the removal of the prohibition, on the ground that there was no prohibition in New Castle, "and that they find it a greater ill-convenience than before, our Indians going down to New Castle, and there buying rum and making them more debauched than before."
It will be remembered that Robert Wade was settled at Upland in 1675,
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and that William Edmundson, a travelling preacher of the Society of Friends, held a meeting at his house during that year. Robert Wade was a purchaser from John Fenwick, in England, and it is supposed emigrated with him in 1675, but from some cause he preferred to settle at Upland, being, with his wife, among the first Quakers who settled in Pennsylvania. It is not there- fore probable that a Friends' meeting was held in Pennsylvania earlier than that year,-the first being held at the house of Robert Wade. No meeting of record was held till the year 1681, the following being the earliest minute : "The 10th day of the 11th month 1681. A monthly meeting of Friends belong- ing to Marcus-hook, alias the Chester and Upland, held at the house of Robert Wade."
These meetings for a time were held alternately at the places designated, and constituted one monthly meeting. That held at Robert Wade's eventually became "Chester Monthly Meeting," while from the Chichester, or Marcus Hook Meeting, originated at first the Chichester Monthly Meeting, which sub- sequently became merged in that of Concord.
The only Quaker heads of families that were settled at Chester and Mar- cus Hook, or in the vicinity of those places, before the arrival of the first ship sent out by Penn, so far as the author can discover, were Robert Wade, Roger Pedrick, Morgan Drewet. William Woodmanson, Michael Izzard. Thomas Revel, Henry Hastings, William Oxley, James Browne, Henry Reynolds, and Thomas Nossiter. There were no other Friends then settled within the pres- ent territorial limits of our county, but quite a number were located higher up the river on the Pennsylvania side of it.
The next court for Upland county was held at Upland on March 14, 1682, which, according to the record, is still within the year 1681. This court was held by the same or nearly the same justices, Deputy Governor Markham pre- siding. The details of a trial that occurred at this court are given, to illustrate the manner of conducting judicial proceedings in these primitive times :
"J- A-, bound by recognizance to appear at this Court to answer our Sovereign Lord the King upon the accusation of Richard Noble, Peter Rambo Junr, and Lawrence Lawrenson, who were bound over to prosecution .. This Court proceeded upon indictment ; to which the prisoner pleaded not guilty: and put himself upon the tryal &c., of this Jury :" "Jurors: George Foreman Gent, John Child, Nathaniel Allen, Nathaniel Evans, William Oxley, John Akraman, Albert Hendrickson, Mons Pe- terson. Wooley Rawson, John Cock, Erich Cock, Peter Yoakum."
"Richard Noble deposed that hee, with several others, found divers peeces of burnte porke or bacon in the said A's house; and also that hee the said Richard Noble with others found hidden in unfrequented places in an out house belonging to the said J- A-, where, (as an Indian had before then informed them.) the said A- used to hide porke: and further deposed that the said A- gave out threatining words against the officers and others who came to search."
"Peter Rambo Junr. and Lawrence Lawrenson deposed the same as above. Judith Noble deposed that the said A- gave out threatning words against the officers who came to search."
"Francis Walker deposed that a person who bought a peece of porke of the said A-, told him the said Walker that the said porke had a bullet in it."
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"Francis Stephens deposed that the said A- being asked concerning a hogg's head, (hee, the said A-, having then a headless hogg,) where the head then was, hee, the said A-, answered, hee had left the head down the river; and the said A ------- 's boy said noe, the hogg's head is upon the mill att home."
"John Hollinshead gave in his evidence before Thomas Budd, a magistrate at Bur- lington, which was also produced under the hand of the said Thomas Budd, being of the same import with the deposition of the aforesaid Francis Stephens."
"Thomas Wallis gave in his evidence before the same Thomas Budd, and testified under the hand of the said Thomas Budd, of the same import with the aforesaid Judith Noble's testimony."
"Another examination of notorious circumstances, of a stranger who lay at the said A-'s, taken by Mahlon Stacey, a magistrate at the Falls, and signified under his hand."
"The jury bring in the prisoner not guilty, and thereupon by order of Court is dis- charged."
The following minute of the doings of the same court, is a further proof that Governor Markham and his council had placed some restraint upon the sale of strong drink, to others besides the Indians.
"Henry Reynolds having appeared to answer for his selling strong liquors by small measure in his house contrary to the Governor and Councel's order; upon his submission to the Court, was discharged."
"Overseers for the Highways nominated and elected at the Court, March 14th, 1681 [1682] for one year next ensuing, which is to be done within their respective precincts, before the last day of May next, ut sequitur : Woolley Rawson, from Marcus creek to Naman's creek. Robert Wade, from Naaman's [Marcus] Creek to Upland creeke. Wil- liam Oxley from Upland Creeke to Ammersland. Mons Stawket from Ammersland to Karkus mill. Peter Yokeham from Karkus Mill to Schore kill [Schuylkill] falls. An- dreas Rambo from Schore kill falls to Tawrony [Tacony] Creeke. Erick Mullikay from Tawrony Creeke to Poynessink Creek. Clause Johnson from Poynessink creeke to Samuel Cliffs. John Akraman from Samuel Cliffs to Gilbert Wheelers."
Gilbert Wheeler's residence was in the neighborhood of Trenton, which shows the territorial extent of Upland county. The main road that re- quired repairs appears to have crossed the Schuylkill and other streams at or near the head of tide water.
On June 12, messengers from Lord Baltimore, with letters to Governor Markham, arrived at Upland, but the Governor being on a visit to New York, James Sandelandes and Robert Wade dispatched a messenger to him, with the Lord Baltimore's communication, and also a letter from them, advising him that Commissioners were in waiting, ready to meet him at Bohemia river.
"The grant formerly made from Governor Markham to the inhabitants of Marcus Hooke att their request for the calling the name of the said Town Chi- chester, which said grant bears date the twentieth day of April, 1682, and was read and published in the court held at Upland June the thirteenth Anno 1682, according to order as a record thereof." This was the fourth court held under Governor Markham's administration.
At the first court under his government, the English currency of pounds, shillings and pence was introduced, but at this court there was a return to the
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old currency of guilders, so difficult is it to change the established customs of a people. One verdict at this court is for 616 guilders, and there are several for a less number. "Skipps of wheat," also occur in the proceedings.
The next court in order was held on September 12, 1682. Governor Markham officiated as president, and was assisted by several of the justices that have been named.
The first grand jury that ever sat in Pennsylvania of which there is any record, was summoned to attend at this court. Their names, as given in the minutes of the court are: William Clayton, Thomas Brassey, John Symcock, Tho. Sary, Robert Wade, Lawrence Cock, John Hart, Nath11. Allen, William Woodmanson, Thos. Coebourne, John Otter and Joshua Hastings; being one half the usual number. These jurors were summoned in the case of Lassey, alias Lawrence Dalboe, and are called his "Grand Jury."
The first order for filing an administration account was made at this court. The administrator was directed to appear at the next or the following court, "and bring into the court the bills of the creditors or other satisfaction, signifying to the court the justness of each particular debt, and also to produce his receipts for what he hath paid." This is the last court held previous to the arrival of the Proprietary. Quite a number of Friends had arrived here since Markham came to the country. Among those who settled within the territorial limits of Delaware county, were Richard Fewe, John Kennerly, Thomas Co- bourn, Jeremiah Collett, Richard Worrall, Henry Grubb, and John Simcock.
Before introducing the Proprietary into this land of promise, it may not be amiss to enlighten the reader in respect to the progress made in religious affairs by the Friends who had preceded him. At a monthly meeting held at Chester the 11th of the 7th mo. (September) 1682, it was agreed "that a meeting shall be held for the service and worship of God every first day of the week at the court house at Chester." It was also agreed "that there be three meetings in the week; the western part to meet at Chichester the 5th day of the week; the middle meeting at Harold at the house of William Woodman- son the 4th day of the week, and the eastern meeting at Ridley at John Sim- cocks the 5th day of the week until otherwise ordered." It was further or- dered that "the monthly meeting for business be held the Ist Second day of the week in every month at the house of Robert Wade."
The world did not contain a more busy man than William Penn, front the time the charter for Pennsylvania was granted to him until he sailed for America. Besides the documents issued by him, that have already been men- tioned, he incorporated a company with extraordinary powers and privileges, styled the "Free Society of Traders :" he published his "Frame of Govern- ment for the province of Pennsylvania, together with certain laws agreed upon in England by the Governor and divers freemen of the aforesaid Province ;" he obtained from the Duke of York a release of any claims he might have to the province of Pennsylvania ; and also two deeds of feoffment for the terri- tory now constituting the State of Delaware-one being for twelve miles round New Castle, and the other for the balance of the territory below : he
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wrote innumerable letters to his friends, and sundry epistles to the settlers and the Indians, besides being subjected to various importunities to part with his lands and to confer privileges on terms different from those which he had adopted and published.
With his mind thus overtasked with questions of the highest moment, would it not have been wonderful if he had committed no mistakes? Is it not strange that he committed so few? We may at this day be startled at some of the privileges granted to "The Free Society of Traders;" but may we not, with Penn's limited experience with corporations, believe in the sincerity of his assurance, that it was "a Society without oppression : wherein all may be con- cerned that will ; and yet have the same liberty of private traffique, as though there were 110 Society at all." Certainly we may concede this much, when it is known that he resisted the "great temptation" of £6000 and two and a half per cent. acknowledgment or rent for a monopoly of the Indian trade between the Susquehanna and Delaware with 30,000 acres of land, the Indian title of which to be extinguished by the corporation. Penn's ideas of government were greatly in advance of the age in which he lived. The few errors he com- mitted were the result of surrounding circumstances. No friend of humanity can quibble over these, when he reflects upon the mighty impulse that was given to the cause of free government by his many wise and prudent measures.
Having completed his arrangements in England, Penn sailed from Deal on the 30th of the sixth month (then August), on board of the ship "Wel- come," Robert Greenaway commander, in company with about one hundred passengers, mostly members of the Society of Friends, the major part of whom were from Sussex. Great distress was experienced during the passage, in consequence of the breaking out of the small-pox, of which loathsome dis- ease thirty of the emigrants died. Otherwise the voyage was prosperous, the vessel arriving at New Castle on October 27, 1682. On the next day, Penn having produced his deeds of feoffment from the Duke of York for the twelve miles surrounding New Castle, and also for the country below, the possession and seisin of the New Castle grant were formally given to him by John Moll and Ephraim Herman, who had been constituted attorneys for that purpose by his Royal Highness. At the same time, a number of the inhabitants signed a pledge of their obedience to the Proprietary. On the same day he com- missioned justices for New Castle, and constituted Markham his attorney to receive the possession of the territory below from the attorneys of the Duke.
A letter addressed to Ephraim Herman in respect to summoning a court to be held at New Castle on November 2nd, and dated at Upland on October 29, shows that he had then arrived at his seat of government. He may have arrived the day before. The fancy of the artist has portrayed the landing of Penn at Upland ; but neither the hour, the day, nor the manner of his landing, is certainly known.
He landed at Upland, but the place was to bear that familiar name no more for ever. Without reflection, Penn determined that the name of this place should be changed. "Turning round to his friend Pearson, one of his
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own society, who had accompanied him in the ship 'Welcome,' he said, 'Providence has brought us here safe. Thou hast been the companion of my perils. What wilt thou that I should call this place?' Pearson said 'Chester, in remembrance of the city from whence he came. William Penn replied that it should be called Chester, and that when he divided the land into counties, one of them should be called by the same name." Thus from a mere whim, the name of the oldest town; the name of the whole settled part of the prov- ince ; the name that would naturally have a place in the affections of a large majority of the inhabitants of the new province, was effaced, to gratify the caprice or vanity of a friend. All great men occasionally do little things.
Immediately after Penn's arrival, he dispatched messengers to Lord Balti- more, evidently for the purpose of procuring an interview and a settlement of their difficulties. He at the same time went to New York, to "pay his duty" to the Duke by way of a visit to his government Upon his return he caused three counties to be laid off-Chester, Philadelphia, and Bucks. The precise time and manner of making these divisions will probably be ascertained when the record of the doings of Governor Markham and his council is discovered. The lines on either side of Chester county, it will hereafter be seen, were not very definitely fixed for some time.
In pursuance of writs of election sent to the sheriffs of the several coun- ties, elections were held for members of assembly. No list of the members elected has been discovered ; the names of several appear in the imperfect min- utes of their proceedings.
The first assembly was held at Chester, 4th of 10th mo. (December) 1682, being the second day of the week. The first business was the appointment of a committee on election privileges, consisting of Christopher Taylor for Bucks county : President Moore for Philadelphia, John Simcock for Chester, Wil- liam Clark for Deal. and Francis Whitwell for Jones. "A committee for Grievance" was also appointed, viz: Griffith Jones, Luke Watson, William Sample, William Yardley, and Thomas Brassey. It was resolved that Ralph Withers "on extraordinary occasions, have leave from this house to be absent to-morrow." Then "the house adjourned to the 10th hour to-morrow."
"About the time appointed, the house sat." "Dr. Moore, president of the Society in Philadelphia," [of Free Traders] it was reported by the committee, "should be preferred as chairman." Then they called to account the sheriff of New Castle for undue electing a member to serve in assembly for that county. John Moll was declared duly elected from New Castle, instead of Abraham Mann.
John Simcock and Christopher Taylor were appointed a committee of "Foresight for the preparation of provincial bills. Then the House proceed further unto four more for the said committee, viz, Wm Clark, Nicholas Moore, president, Griffith Jones, and Luke Watson."
"It being moved that an address be sent to the Governor, by four select members, humbly to desire him to honour the house with a transmission of his constitutes ; and thereupon appointed Thomas Holmes, surveyor general, Wil-
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liam Clarke, Thomas Winn, and Edward Southrin, should go with the afore- said address, and make a return of his answer in the afternoon." In the after- noon. "the Governor's answer by the four members was : that the constitutions they desired were not ready, but when ready he would immediately send them by one of his servants."
Rules and regulations for the government of the proceedings of the As- sembly were adopted, some of which are not found in legislative manuals of the present day. "Offending members were to be reproved for the first of- fence; for the second reproval and fine of 12d., and so for each offence not to exceed Ios." A resolution was not before the House till "seconded or thirded." Any member presuming to pervert the sense of questions agreed to by the house, was to be "put out of the house." Two members were elected, "to in- spect which party carried it by the major votes, on diversity of votes arising in the house." On the question, "whether the house now proceed or not," on a division, the noes go out ; if for adjournment, the yeas. None to speak but once before the question is put, nor after but once. Most of the rules adopted are, however, substantially the same as those now used in legislative bodies, though given in the quaint language of the day.
A question propounded by the speaker-"Whether any absolute note of distinction betwixt one officer and another should be concluded on by vote as the carrying a white rod or reed," shows there was some disposition to follow the etiquette of the home government. This question was left in suspense.
A petition was presented "for an act of Union" between the freemen of the three lower counties and those of Pennsylvania. It was delivered by John Moll and Francis Whitwell, in the name of the rest of the freeholders, and "was accepted and approved of by the whole house." The act providing for the "aforesaid Union," after being regularly passed, was carried by the president and Christopher Taylor to the Governor, in order to get "his subscription as an established law."
A petition is presented to the Governor from the Swedes, Finns and Dutch, that he "would be pleased to make them as free as other members of this province, and that their lands may be entailed on them and their heirs for- ever."
"The printed laws and the written laws or constitutions" were at length brought before the house, and after having been altered or amended, were fin- ally adopted. "The power of the Free Society of Traders was also debated." This ended the second day's proceedings.
"The house met again about half an hour past seven in the morning of the 7th day of the 10th month. 1682." The Governor, assuming the chair, ex- presses himself in an obliging and religious manner to the house." After hav- ing been consulted by the president on "divers material concerns," the Gover- nor "urges upon the house his religious counsel." A debate of some warmth appears to have ensued in respect to the time to which the assembly should ad- journ : twenty-one days appears to have been fixed on, at which the members of the lower counties "were in a great strait." Two members were thereupon
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appointed to inform the Governor of it, who returned with intelligence that the Governor is willing "that the assembly adjourn for twenty-one days, which was done by order of the speaker." There was probably no meeting held at the end of twenty-one days, or at any other time by this first legislature. There are no minutes of such a meeting, nor laws of that date.
No list of members being given, the names of all the representatives from Chester county cannot be given. The following Chester county names appear incidentally in the minutes :- John Simcock, Thomas Brasey, Ralph Withers, and Thomas Usher. It would appear that the members of the "first Assem- bly" received no pay for their services. The next assembly did not, however, allow a question of such vital importance to pass by without being "argued."
"The great law, or the body of laws," embracing many sections or sepa- rate laws, was passed by the first assembly, besides the act of Union and Nat- uralization and the Act of Settlement.
All the acts except the last had been prepared and well considered, before being presented to the legislature. This act became necessary on account of the people of the several counties refusing to elect seventy-two members of council, and to assemble in mass to constitute the first assembly, as had been provided for by Penn in his "Frame of Government," and in accordance with the writs that had been issued to the sheriffs of the several counties. This act fixed the number of the council at three from each county, and the assembly at double that number. It also provides for other matters connected with future legislation. It was no doubt prepared at Chester on the occasion, and this fact explains why the Proprietary was not ready for the assembly when they met.
On what was considered the most reliable tradition, it has been universally believed that this assembly held its sittings in an old building which till recently stood on the west side of Filbert street, near the margin of Chester creek, and which was familiarly known as "the old Assembly house." It will be shown in another place that this building was erected several years subsequently to the sitting of the assembly. It is most probable that the first assembly sat in the "House of defence," as it was then the only public building erected in Up- land of which we have any account.
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