USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 15
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"James Claypool attested interpritor betwixt the Propr and the Prisoner."
"The affidavid of Jno. Vanculin read, Charles Ashcom being a witness to it."
"Annakey Coolin. attested, saith her husband tooke the Heart of a Calf that Dyed, as they thought, by Witchtcraft, and Boyld it, whereupon the Prisoner at ye Barr came in and asked them what they were doing; they said boyling of flesh: she said they had better they had Boyled the Bones, with several other unseemly Expressions."
"Margaret Mattson saith that she values not Drystreet's evidence; but if Sander- lin's mother had come, she would have answered her; also denyeth Charles Ashcoms attestation at her soul, and saith, where is my daughter; let her come and say so."
"Annakey Cooling's attestation about the Gees, saying she was never out of her Conoo, and also that she never said any such things concerning the calve's heart."
"Jno. Cock attested, sayth he knows nothing of the matter."
"Tho: Baldings attestation was read, and Tho: Bracy attested, saith it is a true copy."
"The prisoner denyeth all things, and saith that ye Witnesses speake only by hear say."
"After wch ye Govr gave the Jury their Charge concerning ye Prisoner at ye Barr."
"The Jury went forth, and upon their Returne Brought her in Guilty of having the Common fame of a Witch, but not Guilty in manner and forme as she Shee Stands Indicted."
"Neels Matson and Antho. Neelson enters into Recognizance of fifty pounds a piece for the good behaviour of Margaret Matson for six months."
It is to be regretted that the charge given by the Governor has not been preserved, as it may fairly be presumed that it was upon his suggestions that the jury based their very righteous, but rather ridiculous verdict.
The following is a copy of the return made by the Sheriff of the election held by him for Chester County in 168.4. with the omission of the recital of his warrant, &c. :
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"I have accordingly made my Summons of the freeholders who hath made Choise of those persons following for the service aforesd by which I thus make my return: for the provencial Concel william wade [Wood] in ye room of Ralph withers; william Claiton for one year ; for Assembly John Blunston georg maries Joshua Hasting, Robert wade Henry matukes Thomas usher.
"I Heare Declare that they was Lafully Chosen and may freely Appear to make up an Assembly according to Charter in witness whereunto I sett my hand and seale the 10th 3mo 1684.
"TH. WITHERS."
Having established a Provincial Court, a commission for the sale and transfer of lands, and having also conferred the executive power of the Prov- ince upon the Council, with Thomas Lloyd as its president, Governor Penn sailed for England, on the 12th of the 6th month (August) 1684, very much to the regret of many of the inhabitants, and arrived in England early in Octo- ber. His difficulty with Lord Baltimore was the cause of his early return to his native country.
On February 6, following (1685), King Charles the Second died and was succeeded by his brother James, the Duke of York and Albany, who, on the same day, was proclaimed King under the title of James II. This information was communicated by William Penn in a letter to Thomas Lloyd, who on May II, laid the same before the council. On the day following a formal proclama- tion was published by that body.
As yet, the boundary line between Chester and Philadelphia counties had not been permanently established. This matter was accomplished by the fol- lowing resolution of the council, adopted May Ist, 1685, in pursuance of cer- tain verbal directions left by the Proprietary.
"Whereas, the Governor in presence of John Symcock and Wm Wood, was pleased to say & Grant That ye bounds of the Countys of Chester & Philadelphia should be as followed, viz :
"That the bounds should begin at the Mill Creek and slopeing to ye Welsh Town- ship, and thence to Schoolekill, &c. in obedience thereto and confirmation thereof.
"The Councill having seriously Weyed & Considered the same, have & doe hereby Agree and order that ye bounds betwixt the said Countys shall be thus; That is to say :
"The County of Chester to begin at ye Mouth or Entrance of Bough Creek, upon Delaware River, being the Upper end of Tenecum Island, and soe up that Creek, devid- ing the said Island from ye Land of Andros Boone & company; from thence along the several courses thereof to a Large Creeke Called Mill Creek; from thence up the several courses of the said creek to a W : S : W : Line, which Line devided the Liberty Lands of Philadelphia from Severall Tracts of Land belonging to the Welsh & other Inhabitance; and from thence E: N : E: by a line of Marked Trees, 120 perches more or less; from thence N: N: W: by the harford [Haverford] Township 1000 perches more or less : from thence E: N. E: by ye Land belonging to Jno: Humphreis 110 perches more or less; from thence N: N : W : by ye Land of Jno : Ekley, 880 perches more or less; from Thence Continuing the ye said Course to the Scoolkill River, wch sd Scoolkill River afterwards to be the natural bounds."
This line continues to be the eastern boundary of Delaware county to the north line of Haverford. The resolution of the council makes the next course
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run easterly instead of westerly, and is probably a mistake, as Radnor town- ship never extended further easterly than it now does.
In consequence of Christopher Taylor removing from Bucks county to Tinicum, there were four members of the council from Chester county. viz : Christopher Taylor. Jolin Simcock, William Wood and Nicholas Newlin.
Charles Ashcom had held the office of deputy surveyor for Chester county under the surveyor-general, Thomas Holme, but the complaints against him were so numerous, and a misunderstanding having arisen between him and Holme, the council were obliged to issue an order prohibiting him from sur- veying any more lands in Chester county.
At a meeting of the Council, held on the 22d of the 7th month (Septem- ber), 1685. information was received from Captain Lasse Cock that the In- dians were willing to dispose of their lands between Upland and Appoquin- omy. Thomas Holme, John Simcock, and the secretary (William Markham), or any two of them, were accordingly deputed to make the purchase. The re- sult was a deed from about a dozen Indian kings and sachemakers, with un= pronounceable names, executed on October 2nd, for "all the lands from Quing Quingus, called Duck creek. unto Upland called Chester creek, all along by the west side of the Dalaware river and So betweene the Said Creeks Backwards as far as a man can ride in two days with a horse." The consideration did not vary much from what was usual in such cases, except that it included forty tomahawks. This grant, with the one that has already been noticed, extin- guished the Indian title to the whole of Delaware county.
Notwithstanding these sales of their lands, the Indians had no idea of yielding up the possession before they were required for actual occupation and culture by the whites. They roamed through the forest as freely as ever, and were, sometimes, rather troublesome to the border settlers. This year "the Complaint of ye friends. Inhabitants of Concord and Hertford [ Haverford] against the Indians, for ye Rapine and Destructions of their Hoggs," was laid before the council. Other inhabitants of the Welsh Tract, besides those of Haverford, joined in the complaint ; but what action was taken by the council to abate the evil, further than to send for "ye respective Indian kings, with all speed." to appear before them, is not known.
In the proceedings of the Chester court for this year. several orders are made in respect to the new court house and prison. The collectors of the levy for their erection are to "be considered, for their time and paines. twelve pence in the pound;" Joseph Humphrey and Thomas Norberry are appointed collectors of the levy for Newtown, which now makes its first appearance as a township: Darby township is to pay Lassie Dalbo, or his assigns, "seven pounds two shillings & six pence out of the assessment for the court house & prison, if they see they can soe doe with safety:" and William Dalbo. "so much as he can make appear to be due for his work done on the court house and prison." out of the levies raised for that purpose in said township. Nor was the building to be exclusively occupied for judicial purposes and the in- carceration of criminals. Its location, convenient to Chester creek, gave it
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commercial advantages that were not overlooked in its construction. Hence it was ordered by the court, "that all people that shall make use of the court house for Sellerage of any Goods, shall for every Tonne pay after the rate of three shillings four pence a Tonne, for any time not exceeding a week; and for what time it shall continue afterwards, halfe soe much."
There was another levy ordered this year, partly, no doubt, on account of the new court-house and prison. This assessment imposed a tax of 2s. 6d. per 100 acres on lands belonging to residents, and 3s. on that of non-residents ; on free male inhabitants, from 16 years of age to 60, a poll tax of 2s. 6d., and upon servants Is. 3d. The collectors were authorized to receive this tax in good merchantable Indian corn at the rate of 2s. 8d. per bushel ; wheat at 4s. 6d., and rye at 3s. 6d. Before the collection was made these prices were raised to 5s. per bushel for wheat, 4s. for rye, and 3s. for corn.
A practice had now become general for constables, and sometimes for sup- ervisors, at the expiration of their official terms, to come into court, report "all was well," and receive their discharge. The following is given as a specimen of the usual minute made in such cases : "Samuel Bradshaw, Constable for the last year for Darby, made his returne, 'all was well,' whereupon Edmund Cartelidge was elected to serve and attested for the ensuing year."
Jeremy Collett held the office of sheriff this year. Robert Eyre was con- tinued as clerk. The office of "peace makers" was held by Caleb Pusey, Ran- dall Vernon and Walter Faucit. Their sittings had become such a regular business that it was known as "the monthly court."
Heretofore the usual punishment inflicted by the Court for criminal of- fences liad been the imposition of a fine ; imprisonment was out of the ques- tion, for want of a jail. This desideratum being now supplied, a reasonable hope might have been entertained that our Quaker justices would have been satisfied with the incarceration of the violators of the law. But imprisonment was an expensive mode of punishment that the early settlers, most of whom were in straitened circumstances, could not have borne. Hence the law of necessity prevailed over the pleadings of humanity ; and we find our county court, for the first time, resorting to corporal punishment, just as they had been provided with the means of carrying into effect the more mild and humane sentence of imprisonment. The first sentence directing the infliction of corpor- al punishment was passed by the February court of this year, and what is re- markable, the place of its execution was not at the seat of justice. With the omission of the name, the following is the sentence pronounced :
-. being convicted of stealing money out of the house of William Browne, - was ordered twelve stripes on his bear backe, well laide on att the Common Whipping post at Chichester, the 4th Instant, between the 10th and IIth hours in the morning."
In the next case both modes of punishment are resorted to, being the first sentence of imprisonment : -, being lawfully convicted for abusing and menacing the magistracy of this county, was ordered twenty-one
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lashes att the publick whipping post on his beare backe, well laid on, and 14 days imprisonment at hard labour in the house of Correction."
This sentence very clearly illustrates the ideas prevalent at this time, of the necessity that existed for maintaining the independence and dignity of the judiciary. Evidence of this feeling pervades the court records, from those of the Upland court, for more than half a century. At the same time another person "was fined, for his contempt of the court, 40s., in not appearing when lawfully summoned, and for abusing the officers of the court."
At the October court of this year it was "ordered that the township of Chichester extend its bounds as formerly laid out by Charles Ashcom, untill further order."
A sufficient number of Welsh Friends had now made settlements in Radnor to establish an independent meeting for worship in that township, the name of David Meridith, being the first that appears in the Haverford records as belonging to that particular meeting. The early meetings of Rad- nor were held at the houses of John Jerman and John Evans; the first mar- riage in Radnor being solemnized at the dwelling of the latter on the 2d of the 3d month, (May,) 1686, between Richard Ormes, of Philadelphia, and Mary Tyder, of Radnor. Notwithstanding the line had been run between Philadel- phia and Chester counties, leaving Haverford and Radnor in the latter, the Welsh settlers of those townships had no idea of being separated from their Welsh friends of Merion, and still insisted on being included within the limits of Philadelphia county. Being attached to the Quarterly Meeting of Philadel- phia, the Haverford Monthly Meeting contributed towards the erection of the Centre Square meeting-house, now being erected. The amounts subscribed by the several meetings will indicate the extent of the settlements at this time in the vicinity of each: Radnor contributed £1 7s. 6d .; Haverford contributed £6; Merion contributed £6.
From the south-western corner of the county the settlements had extended up into the country as far as Birmingham, at the commencement of this year. At the close of last year (1685) James Browne conveyed two acres of land to trustees for the use "of the people of God called Quakers in the township of Chichester." On this land, without much delay, it was agreed to build a meet- ing-house, and some time afterwards, to fence in a grave-yard. This is the site of the present Chichester meeting-house and burial-ground. The first subscription amounted to £36 4s .. and was contributed by twenty-six persons. Up to this time the monthly meetings appear to have been held at Marcus Hook, (Chichester,) but in October, 1686, a monthly meeting, for the first time, was held at Concord, and for some years afterwards, the place of holding it was varied, but it was generally at private houses-at Edward Bezer's, in Bethel : at William Brainton's, (Brinton's,) in Birmingham ; at John Kins- man's, in Chichester : at Robert Piles', in Bethel; at John Harding's, in Chi- chester, &c.
John Symcock was re-elected a member of council from Chester county for three years, and Francis Harrison to serve in the place of William Wood,
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now deceased. David Lloyd, who appears to have just arrived in the country, presented to the council his commission from the Governor as attorney-general of the Province, dated the 24th of the 2d month (April,) 1686, and was duly qualified into office.
Our staid settlers were rarely much affected by events that were transpir- ing in England, but the affair of the Duke of Monmouth was too serious a matter to pass entirely unnoticed. The following order of the court is evi- dence that the justices were willing at least to make a show of their loyalty after the unfortunate result of the Duke's foray into England was known: "Ordered that the Sheriff take into custody the body of David Lewis upon sus- pition of Treason, as also the body of Robert Cloud for concealing the same, for that he the said Robert Cloud being attested before this Court, declared that upon the 3rd day of the weeke before Christmas last att the house of George Foreman, the said David Lewis did declare in his hearing that he was accused for being concerned with the Duke of Monmouth in the West Coun- try." They were both bound over to appear at the next Provincial court.
A spirit of improvement now begins to show itself. Orders are issued by the court for the erection of two bridges-one "to Albertus Hendrickson, sup- ervisor of the highways belonging to Chester, to forthwith erect a horse bridge in such a place as the grand jury have already laid it out"-the other "to Bar- tholomew Coppeck, supervisor of the highways for Croome creek, to forthwith erect a bridge in the Kings road over said Croome creek." Besides determin- ing upon the sites of the aforesaid two bridges, the grand jury laid out and made "return of a highway from Bethel to Chichester (Marcus Hook) sixty foote broad." The return is given as a specimen of the manner in which roads were laid out in these very early times :
"Beginning at the side of Concord toward the river, on the street or Highway of Concord, first through the land of John Gibbons, his house on the right side-then through the land of Robert Southry late deceased, his house on the left side; thence through Robert Pile's land, his house on the right hand-then through Joseph Bushell's land, his house on the left hand-Then through Francis Smith's land-Then through Thomas Garrett's land, his house on the right hand-Thence through Francis Harri- son's and Jacob Chandler's land down the point to a small branch of Naaman's Creek- Thence up the hill to the first inclosed field of Francis Harrison, the field on the left hand; then through James Brown's land, thence down to another branch of Naa- man's Creek, through Walter Marten's land up to the point, his house on the right hand- Thence through Jeremy Collets land bearing toward the left hand, his house standing on the left hand-from thence to the lands of Chichester, beginning att the head of a small swamp, on the left hand-thence down Crosse the King's road or Highway towards the foot of the Hill, to a lyne tree marked with 5 notches,-thence downe to the river's side, the lyne between James Brown & William Clayton Jr."
At the following court, the inhabitants of Bethel and Concord presented a paper signifying "their good-liking of the road lately laid out by the jury to Chichester." Up to the present time a road has been continued over nearly the same ground.
Fence viewers, two for each township or district, are for the first time ap-
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DELAWARE COUNTY
pointed this year. Also a lawyer, for the first time, appears in a criminal case, and "pleads as attorney to the King." This officer was Charles Pickering, who no doubt held his appointment under David Lloyd, who had been recently commissioned attorney general. This first legal effort on behalf of the Crown, though not successful in establishing the guilt of the prisoner, did not fail to mystify the case sufficiently to induce the jury to couple with their verdict of acquittal, that he was "guilty of suspicious circumstances in rela- tion to the indictment :" upon which he was bound over to appear at the next court.
The very recently erected court-house and prison, it may be judged, from the following minute in respect to the sale of them, did not give satisfaction :
"The Court, in behalf of the county, have bargained and sold unto Robert Wade, his heirs and assigns, the court house and prison att Chester ; upon consideration whereof the said Wade doe oblige himself, his heirs Executors & assigns to defray all charges which are already due from the first erecting said houses; provided, that from the day of the date hereof to the full end and term of two years and a half, the said Robert Wade shall have liberty to reimburst what moneys he have alread received of the levie raised in this county towards the purchase and building of said houses. Upon all which this Court engage to make the said Wade a firm and sure title to said houses and to give him lawful & quiet possession." "At the same time, James Saunderlaine for himself his heirs and assigns doe promise this Court a Convenient peese of Land in the town of Chester where they may erect a Court house and Prison, and to make a firm title to the same, to the proper use and behoof of this County."
The first court under the name of a Court of Equity for Chester county. was held this year. It was heid by the justices of the common pleas, under the title of commissioners, as will be seen by the following extract from the record : "Att a Court of Equity held att Chester the 5th day in the Ist weck of the roth month 1686. Commissioners present :- John Blunstone, John Sim- cocke, George Maris, Bartholomew Coppock, Samuel Levis, Robert Wade, Robert Pile .- Robert Eyre Clerk." Only two causes were tried.
The municipal divisions of the settled parts of the county had not as yet been definitely fixed, and some appear to have been recognized by the court that never had any established boundary, and only a very temporary existence. Up to the close of 1686, officers had been appointed for the following places : Chester, Chichester. Providence. Amosland, Darby. Bethel. Concord. Spring- field. Marple, Newtown. Birmingham, Northby. and Gilead.
Chichester included both townships of that name, and so of Providence and Darby-Calcon Hook having been added to the latter township this year. Northby included the whole or part of Aston, and Gilead was probably in Edgmont. During the following year. 1687, Ridley. Middletown, Aston, Thornbury, and Edgmont are recognized by the court as townships, and sup- plied by appointment with one or more officers.
Grand juries, which, for two or three years after the establishment of Penn's government, were hardly regarded as a necessity in the administration of justice, had now assumed an importance scarcely equaled by the court it-
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self. Both public wants and the neglect of official duties were promptly brought to the notice of the court, while evil doers could scarcely hope to es- cape their scrutinizing vigilance. But holding office during the whole year, this vigilance, after a time, degenerated, in each grand juror, into a kind of Quaker Puritanical surveillance, and subjected to the exposure of judicial in- vestigation every slight departure from strict moral rectitude. Many matters were presented that had better been rectified by the kind offices of the friends of the party; or the evils that resulted from their exposure, been allowed to pass into oblivion unnoticed. If there was anything to make the practice tolerable, it was the impartiality with which it was exercised; the justices of the court and even grand jurors themselves were sometimes the subjects of these presentments.
At the first court in this year, the township of Chester was presented "for not finding and making a foot Bridge over the mill creek (Chester Creek), in the Kings Highway hard by William Woodmancies." At the same court, Caleb Pusey "Petitioned against Thomas Coborne for setting a water mill above him upon Upland creek." But the court, "considering the premises, and finding it to be for the common good, dispenseth therewith." The propriety of erecting this mill was not wholly left to the decision of our county court. The petition of "about three score people inhabitants of Chester county" was pre- sented to the Provincial Council, "setting forth the great want of a Mill in their parts, and requesting a permission for Thomas Coebourne to goe forward with ye building, and setting up his mill on Chester Creek." Whereupon the Coun- cil express a willingness "to give incouragement to ye Procedure of Thomas Cobourne in the finishing of his mill that he is now about, for ye urgent neces- sity of ye contrey, Reserving to ye Govr his Proprietary Ship." This mill, it is supposed, occupied the site of what is now "Dutton's Mill."
At the June court, the want of a bridge over Chester creek, on the King's road, is again presented by the grand jury ; the same want for Ridley and Crum creeks is also presented. Quite a number of persons were presented and fined for being drunk, and some for suffering others to be drunk in their houses ; for selling liquor to the Indians, or for keeping an Ordinary without li- cense. In one "liquor trial," the terms "Punch and Tife" are used by a witness as names for drinks then in use. Drunkenness appears to have been a grow- ing evil, and, as at the present day, much of the time of the court was occupied with cases connected with the illegal sale or immoderate use of liquor. The following is among the presentments of the grand jury this year: "The Grand Jury doe also present Anne Neales, Widow, for keeping and harbouring doggs that worries and kills her neighbours Hoggs ; as alsoe for deteining in her ser- vice one Indian boy Chato, who with the said dogg, have been found to worry & kill the neighbours hogs as aforesaid." Anne was fined Ios., although she denied the ownership of the vicious dog; and Andrew Friend became bound "to the King and Governor in 20f. for the Indian boy Cato's good [behaviour ] towards all the Kings Leidge people."
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