USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 14
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Every material particular in respect to the first assembly has been given. because its sittings were held within the territorial limits of what was then Chester, but is now Delaware county. The next assembly under a new elec- tion was held at Philadelphia on March 12, following, where it continued to sit, with occasional meetings at New Castle, while the union with the Lower Coun- ties lasted.
The last court for the county of Upland, embracing all the settled parts of Pennsylvania, was held on September 12, 1682. The first court for Chester county met at Chester on February 14, following, but from some cause ad- journed till the 27th of that month without transacting any business. At this court there is a marked change in the aspect of things. The name of no Swede remains in the list of justices, and but two are found in the list of
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jurors, and the Mr. that had always been appended to the names of the jus- tices, and to that of the clerk and sheriff, is now uniformly omitted.
The form of attestation for jurors, adopted by Penn, is not given in the records of the Chester court. The following is recorded at New Castle, under date of February 22, 1682-3 :
"The forme to bee used in ye Roome of ye oath for ye Jury as the same was de livered in Cort by ye Honobl William Penn vizt.
"You Solemnly promis in ye presence of God & this Cort that you will Justly try & deliver in yor verdict in all cases depending, that shall be brought before you during this session of Court according to evidence, and ye laws of this government to ye best of yor understanding."
The justices who held this court-the first for Chester county, as it had recently been established-were John Simcock, president; Thomas Brasey, William Clayton, Robert Wade, and John Boyer; the sheriff was Thomas Usher ; the clerk, Thomas Revel. The jurors summoned were "William Raw- son, James Browne, Jeremiah Collet, William Hewes, Walter Martin, Nath1 Evans, Joshua Hastings, William Woodmanson, Thomas Cobourne, Albert Hendrickson, Joseph Richards, Edward Carter, and Thomas Vernon."
George Thompson appeared before this court to answer the charge of being married to one Merriam Short, "contrary to the laws of the province ;" but no one appearing against him, he was discharged. The officiating priest, Lawrence Carolus, did not fare so well. He was bound over to appear at the next court for performing the marriage service for Thompson.
At the next court, "held at Chester for the County of Chester, on the 27th of the 4th month, called June, 1863, "William Penn, Esq" Proprietory and Governor," presided. The names of Otto Ernest Cock and Ralph Withers appear among the justices at this court. Among the grand and petit jurors there was a fair sprinkling of Swedes.
The following singular verdict was rendered at this court: "The jury find for the Plaint : and give him a cow and a calf, the same to be delivered within 7 days or 4f 19s. 2d. at the choyce of the Plaint : or the value thereof in Porke, Beefe or Corne in the 8th mo: next & 40s. damages & Costs of suit."
It was "ordered by the court that a tax for defraying the public charges be raysed within this county; and in order to the effecting the same with jus- tice and proportion, three of the magistrates of the county are to meet weekly."
"John Ward, for sundry Felons, committed to the custody of the sheriff, and made his escape with irons upon him." From this it may be inferred that at yet there was no building in Chester that would rank as a jail. This Ward had robbed James Sandelandes and George Foreman, whom the court ordered to receive back their goods. The early judicial proceedings of the province would indicate that a number of professional rogues had smuggled themselves over in some of the numerous immigrant vessels that were arriving about this time, or else had made their way here from other provinces.
The following constables were selected at this court: "For Chichester
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liberty, Willm Hewes : Chester liberty, Thomas Cobourn ; Derby liberty, Thom- as Worth: Ammersland liberty, Will" Cobb; Concord liberty, Jnº Menden- hall."
Besides the regular county courts, there was established in each county another tribunal invested with the power of hearing and determining matters in litigation. The persons composing it were termed "Peace Makers," and were appointed by the courts. They possessed about the same power, and oc- cupied the same position as arbitrators of the present day, but they were not appointed with reference to any particular case, and held periodical meetings. The court orders them "to meet the first fourth day in every month."
Among the cares that engrossed the attention of William Penn during his first visit to Pennsylvania, was the purchase of lands from the Indians. The boundaries mentioned in the numerous deeds to him from the Aborigines, are frequently uncertain and overlap each other : and while it cannot be doubted that he was careful to secure titles from the "right owners." it appears to have been his policy to liquidate any other claims that might be set up, and to take deeds from the claimants, rather than to engage in litigation with savages. One of these deeds, that gives us the Indian name of Chester creek, and em- braces nearly the whole county east of that stream, commences thus :
"We, SECANE & ICQUOQUEHAN, Indian Schackamakers and right owners of ye Lands Lying between Manaiunk als. Schulkill and Macopanackhan, als. Chester River, doe this 14th day of ye fifth month, in ye year, according to English account, 1683, hereby grannt and sell all our Right & title in ye sd Lands Lying between ye sd Rivers, begin- ning on ye West side of Manaiunk, called Consohocken, & from thence by a Westerly Line to ye sd River Macopanackhan, unto William Penn Proprietr" &c.
The consideration is the usual quantity of wampum, blankets, duffils, ket- tles, guns, &c., but no rum, and to the deed are appended the peculiar marks of the grantors.
The next court was held on the 22d of the 6th month "called August." A civil case of vast importance, involving the title of the whole Island of Tini- cum, was tried at this court. The case stands on the record : "Arnoldus Dela- grange Pltff : Otto Ernst Cock-Deft: The Plaintiff sues and declares as Heire Tynnicum Island & premises." It will be remembered that Mrs. Pape- goya had sold the Island to a Mr. De La Grange, who, it appears, was the fath- er of this plaintiff. He dying soon after, his widow married Andrew Carr. Against these parties, in the court of assizes of New York, in 1672, Mrs. Pape- goya obtained a heavy verdict, and was shortly afterwards put in possession of the Island, which she had sold to Otto Ernest Cock, previous to this date.
Abraham Man acted as attorney for the plaintiff, and John White for the defendant-neither of them being residents of the county. It was ad- mitted that the plaintiff's father was legally possessed of Tinicum, but that - amount of purchase money was paid, and that, "the Lady AIrmgard Prince had tryall and execution thereupon & was put in possession of the same premises. and sold the same to the defendant." On behalf of the plain-
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tiff it was set forth "that he the said pltff. (who was heir to the said Island,) at the time of the said Tryall & Execution, was under age and in Holland, and therefore could make no defence ; and further that the said Heire (this pltff :) was not mentioned in the said tryall; the action being commenced against An- drew Carre and priscilla his wife, mistaken in the execution for the mother of the pltff : whose mother's name was Margaretta." The parties appear to have entered into an agreement pending the trial, in accordance with which the jury rendered their verdict in favor of the plaintiff, with costs and forty shillings damages : "The Pltf : paying to the Deft. Thirty seven-pounds & Tenne shil- lings," *
* "also delivering the Block house & peticulars in the same agreement mentioned."
The practice of acknowledging deeds in open court, under Penn's govern- ment, commenced with this court.
At the following court, "held on the 17th of the 8th month, called Octo- ber," 1683, the inhabitants of Providence made their application to the court ior a highway leading to the town of Chester. It was accordingly ordered by the court "that the grand jury doe meete on the 22d instant at Thomas Nossi- ters, there to consider the premises." This is the first time that the name of Providence has appeared as a division of Chester county. The grand jury "was empannelled to look out a convenient highway from Providence to Ches- ter," but their report is not recorded. The name of Robert Eyre appears now for the first time as clerk of the court, in the place of Thomas Revel; and at the following court, held on December 14, Thomas Withers supplies the place of Thomas Usher as sheriff. In a case before this court, in which the plaintiff suffered a non suit, the matter was referred by the court to the "peace makers."
From the circumstance that several of Penn's letters written during the winter of 1683 were dated at Chester, it is believed that he resided at that place nearly up to March 10, when his first council was assembled at Philadel- phia. The members of the council being now reduced to three from each county ; those from Chester were John Simcock, Ralph Withers and William Clayton. The second assembly was convened at Philadelphia two days after- wards, and continued its session twenty-two days. But little was done at this session specially relating to Chester county except the establishment of a seal, the design of which was a plow. The first charter, which it was found impos- sible to conform with, in respect to the number of representatives, was, in an amended form, accepted from the Governor, "with the hearty thanks of the whole House."
This year the noted "Chester Mills" were erected on Chester creek, a lit- tle above the site of the present manufacturing village of Upland. Richard Townsend, who came over with William Penn, in a letter written in 1727, says, "After some time I set up a mill on Chester creek, which I brought ready framed from London ; which served for grinding corn and sawing of boards ; and was of great use to us." From this it might be inferred that Richard
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Townsend was chiefly instrumental in the erection of these mills, which was not the case, he being only one of ten partners who furnished the means.
The partnership was established by virtue of a verbal agreement in 1682, probably before the partners left England, "for the erection of one or more water mills, by them intended to be built and erected in said Province [of Pennsylvania |, and in gears, utensils and implements, proper for such an un- dertaking, and in all such lands buildings and conveniences as might be neces- sary to accommodate the same." The whole concern was divided into thirty- two equal parts, of which William Penn "was to have and bear five parts there- of, both in profit and loss :" Philip Ford, 5; John Bellars, 5; Daniel Whorley, 5 ; Daniel Quare, 2: John Barker, 2: Richard Townsend, 4; John Bickley, 2; Thomas Burberry, I : and Caleb Pusey, I. These partners agreed that Caleb Pusey should be agent and manager "of the joint concern," who accordingly, "soon after the first arrival of the Proprietary in the Province, obtained two warrants from him, for taking up lands to set the said mills upon." By virtue of these warrants two parcels of land-one on each side of Chester creek- were surveyed for the use of the mills ; the whole containing but twenty acres. "Upon or near" this land. Caleb Pusey, "with the advice of the said Proprie- tary, and such other of the said partners, as then were in the Province, in the year of our Lord 1683, did at the joint charge of all the said partners, erect a corn mill," &c. These facts are taken from the recital of a deed for the prem- ises, executed in 1705, and no doubt give a correct account of the establish- ment of what may be regarded as the first mill erected within the borders of Delaware county, unless the Swede's mill stood on the western side of Cobb's creek. When a saw-mill was attached to the Chester mill, is not known. A further account of this early improvement, with the disasters which befell it, will be given in the proper place, as we proceed.
The peculiar population, that in three or four years was to occupy the whole territory now embraced within the limits of our county had, before the close of 1683, gained a very permanent footing at four different points, viz : Chester, Marcus Hook, Darby and Haverford. From these points the new settlements rapidly diverged, and spread over the adjacent townships. At each of these places except Haverford, the first Quaker immigrants sat themselves down in the midst, or in the vicinity of a civilized people. The Welsh, who had in their native land bargained for a separate Barony of 40,000 acres, be- ing excluded from the city liberties, were forced at once to plunge into the wilderness. They first occupied Merion and Haverford in 1682 with a very few settlers. These townships were rapidly filled up by the constant influx of immigrants from Wales, where the spirit of persecution against the Quakers was raging at this period; and from these townships the Welsh settlements soon spread over Radnor and the chief part of Newtown, and after a time ex- tended over Goshen, Tredyffrin, and Uwchlan. But three settlements were made in Haverford in 1682-those of Lewis David, Henry Lewis, and Wil- liam Howell. The number was largely augmented before the close of 1683.
Nearly all the early immigrants of mature age were Friends from con-
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vincement, and many of them had suffered persecution. Under such circum- stances it cannot be supposed that their religious meetings were suspended even during their passage, much less after their arrival. But we have no positive evidence that meetings of record were held either by the Friends of Darby or Haverford earlier than 1684.
Although monthly meetings had alternated between Chester and Marcus Hook, First day meeting for worship were not held at the latter place till the early part of 1683. The first appropriation, by Chester Monthly Meeting for the support of their own poor, was made this year. No regular burying-place appears to have been established at Chester till 1683, when, after the appoint- ment of sundry committees, and some delay, a suitable piece of ground was fixed upon, which was ordered "to be fenced about as soon as may be." The ground thus selected continues to be the burying-place of the Society to the present day.
No evidence exists of a meeting for worship being held at Providence earlier than the commencement of 1684, and it is not certainly known at what particular place it was held. The earliest quarterly meeting was held at Ches- ter, the 4th of the 12th mo. (February) 1684.
The minutes of both Haverford and Darby Meetings commence in 1684; the former on the 10th of the 2d mo. (April) and the latter on the 2d of the 5th mo. (July). There is some evidence that the business of a monthly meet- ing had been transacted at Darby a short time prior to the date of the first regular minute. The early meetings of Darby were held at the house of John Blunston, located nearly in front of the present Friends' meeting house in Dar- by, and near the mill race.
Three particular meetings were united to form what became, and was for a long time known, as "Haverford Monthly Meeting." These meetings at first were "The Schuylkill," Merion and Haverford; the monthly meeting being held alternately in private houses at each of those places. The first monthly meeting was held at the house of Thomas Duckett, which was located on the west bank of the Schuylkill, a short distance above the present site of Market street bridge.
Suitable burial-places for the dead, unfortunately, were among the earli- est necessities of the first English settlers. Accordingly, it is recorded, that "att our monethly meeting held at John Beevan's house at Haverford, the 9th of the 8th moneth [October ] 1684, it was ordered as followeth : "This meet- ing having taken to their consideration the necessity of a burying-place, it was ordered that Thomas Ducket and Barnaby Willcocks for Schoolkill, Hugh Robert and Robert David for Merion, George Painter and William Howell for Haverford, should view and set out convenient places for that purpose, re- spectively, for the meeting they belong to as aforesaid."
At the next monthly meeting, reports were made that burying-places had been laid out respectively for Haverford and Merion. The sites thus selected, with some enlargements, constitute the burial-grounds attached to these meet- ings at the present day. There was more difficulty in having the ground laid
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out at the Schuylkill ; but it was eventually effected, and its site is still marked by a few dilapidated grave-stones, that may be seen on either side of the street that passes under the Pennsylvania railroad, west of the Schuylkill, which was laid out through it. This monthly meeting was attached to the Philadelphia Quarterly Meeting at its commencement, and continues so attached to this day.
Chichester Meeting was established as a monthly meeting in 1684, the first monthly meeting being held at Chichester on the 17th of the ist month, (March). At their fourth meeting, a liberal subscription was made to enable poor man to build a house.
Christopher Taylor having removed from Bucks county to the island of Tinicum, his age, ability, and learning at once secured him the position of pre- siding justice of the Chester court. The names of William Wood and John Harding also appear for the first time as justices at the court held in July, 1684. This court, "considering the necessity of defraying the charge of the Court-house and prison att Chester by a public levie, it was ordered that, ac- cording to law in that case provided, every man possessed of lands should pay towards the levie after the rate of one shilling for every 100 acres within this county : and every freeman should pay sixpence, being above sixteen years of age and not exceeding sixty ; and every artificer not exceeding the aforesaid age of sixty, and above sixteen, Is. 6d., by the pole, and every servant three-pence ; and also non-residents, having land in this county, and not occupying the same, shall pay for every hundred acres after the rate of one shilling sixpence per hundred."
This is the earliest notice of a court-house contained in the Chester court records. In what building did the court sit, from the arrival of Governor Markham up to this time? Is it not most reasonable to conclude that it was in the "House of Defence," or "Country House," spoken of in the Upland court records? This building had been finished and fitted up, "fitt for the court to sitt in," only about seven years previously, and although the records of the court are silent in respect to the building in which its sittings were held, the minutes of the monthly meeting show conclusively, that up to September, 1682, they had been held in an edifice that was well known as "the court house at Chester." This being the case, is not the conclusion almost irresistible, that up to the period of the erection "of the court house and prison," for defraying the expenses of which a levy is now being made, that the court, as well as the "First day" meetings of the Friends, was held in the "House of Defence?" And in the absence of every other kind of evidence but tradition, is it not most rea- sonable to conclude that the first Assembly also sat in the same building? Ad- ditional facts will be presented in their regular order that will corroborate these conclusions.
The appointments by the courts of collectors "to gather the assessments" made for the erection of a court-house and prison, and other appointments made during this year, give a good idea of the progress that had then been made in the settlement of the county, and show the municipal districts into which it had been divided. As collectors, Thomas Worth and Joshua Fearne were
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appointed for Darby ; Mons. Stacket and William Cobb, "for Amoseland & Calcoone Hook;" Thomas Usher and Jeremy Collet for Chichester; Richard Crosby and Andrew Nelson for Providence; James Kenerly and Randolph Vernon for "Ridley and in the woods;" Richard Crosby and Edward Carter for Chester; Jonathan Hayes and James Stanfield for Marple; John Minall and Thomas King for Concord and Bethel.
For supervisors of the highways, the following appointments were made; "from Naaman's Creeke to Marcus Hook, alias Chichester, Walter Martin; from Chichester Creeke to Chester Creeke. John Childe; from Chester Creeke to Croome Creeke, Robert Taylor." John Hendrickson was appointed for Amoseland and Calcoone Hook, Michael Blunston for Darby, and for Marple, Thomas Person [Pearson ].
So numerous had the live stock become that were allowed to range the woods promiscuously, that it became necessary for each farmer to have a par- ticular mark and brand, and the law required that a record of these marks should be made. A goodly number of such records is found in the minutes of the court, and is continued through many years. The following are given as specimens of such records made this year : "George Maris' Cattle marks, a slit in the tip of the near year :- his Brand Mark G. M." "The ear mark of John Blunston of Darby, a crop in the near ear and a hole in the far ear :- his Brand Mark I. B."
At the court held in December, 1684, "Joseph Cookson was presented by Robert Wade for taking a wife contrary to the good and wholesome laws of this Province." He was ordered "to finde security in tenne pounds," but ap- pears not to have been troubled any further about the matter.
The first report of "the Peace Makers" was made to the court this year, though, from its date, the case had been acted on nearly a year previously. It differs but little from an award by arbitrators, except that one half of the amount awarded was to be paid "in good and merchantable wheate and rye att the common market price on this river."
The acknowledgment of deeds, as has been mentioned, was now made in open court, and the practice was continued until the number acknowledged at a single court became a large item of business. The following is a specimen from the minutes of the September court of this year : "Arnoldus Delagrange past over a deed in open Court unto Christopher Taylor for the Island com- monly known by the name of Mattinnaconk, bearing date the 2d day of the 12th month, 1684." At the same time, "Christopher Taylor, President, did, in open Court, deliver over a penal bond of performance for four hundred pounds at or upon the Ist day of November, 1685." Persons charged with the higher grades of crime were not tried by the county courts. The imaginary crime of Witchcraft was in those days placed among the most heinous; and hence it was that the celebrated Pennsylvania witch trial took place before Governor Penn and his council, sitting as a Superior Court at Philadelphia. The parties, who, in that case, were the victims of this most stupid of all sup- erstitions, resided near the month of Crum creek, were in good circumstances,
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and for aught that is known to the contrary, were quite as respectable as their accusers. The following is the record of the trial copied from the published minutes of the council. "held at Philadelphia ye 27th of the 12th month, 1683." [February, 1684.]
"Margaret Matson's Indictmnt was read, and she pleads not Guilty, and will be tryed by the Country."
"Lasse Cock attested Interpriter between the Propor and the Prisoner at the Barr."
"The Petty Jury Impanneled; their names are as followed :- Jno. Hasting, foreman, Albertus Hendrickson, Robt. Piles. Robt. Wade, Nath. Evans, Edwd. Carter, Wm. Hewes, Jer : Collet. Jno. Kinsman, Jno. Gibbons, Walter Martin, Edwd. Bezar."
"Henry Drystreet, attested, saith he was tould 20 years ago, that the Prisoner at the Barr was a Witch, and that several cows were bewitcht by her; also that James Saunderling's mother tould him that she bewitcht her cow, but afterwards said it was a mistake, and that her cow should doe well againe, for it was not her cow but another Persons that should dye."
"Charles Ashcom, attested, saith that Anthony's Wife being asked why she sould her cattle; was because her mother had Bewitcht them, having taken the Witchcraft of Hendrick's Cattle, and put it on their oxen: she myght keep but noe other Cattle, and also that one night the Daughter of ye Prisoner called him up hastely, and when he came she sayed there was a great Light but just before, and an old woman with a knife in her hand at ye Bedd's feet, and therefore she cryed out and desired Jno. Symcock to take away his Calves, or Else she would send them to Hell."
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