USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 17
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What a contrast between this simple mode of exercising the elective fran- chise by means of "black and white beanes," and the scrutinizing and expen- sive method that the dishonesty of politicians and the scramble for office have forced us to adopt in these latter days.
The Welsh troubles are now transferred from the Council Chamber to the court at Chester. The court made an order appointing John Jerman constable for Radnor, and John Lewis for Hartfort, [Haverford,] but these gentlemen did not come forward to be qualified into office. At the following court it was "ordered that warrants of Contempt be directed to the Sheriff to apprehend the bodys of John Lewis and John Jerman for their contempt in not entering into their respective offices of Constable (viz) John Lewis for Hartfort, and John Jerman for Radnor, when thereunto required by this Court." David Lawrence had been returned as a grand juror from Haverford, but, refusing to attend, was presented by that body and fined IOS. They also "do present the want of the inhabitants of the townships of Radnor and Hartfort and the in- habitants adjacent, they not being brought in to Join with us in the Levies and other public services of this county."
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At the June court of this year the commission of William Howell, of Haverford as a justice, was read and published, and "he did afterwards sub- scribe to the solemn declaration, prepared by the 57th Chapter of the great law of this province ;" at the same court William Jenkins, of Haverford, served as a juror, and at the December court John Jerman was attested constable for Radnor. This is the first official recognition by any of the inhabitants of these townships, that they were subject to the jurisdiction of Chester county. They seem to have given up the idea of a Barony, and with as good a grace as pos- sible, submitted to the authority they were unable any longer to resist. By the close of the year, these townships were supplied with a full set of township officers, being the first appointed within their limits.
The King's road between Namaan's creek and Chichester creek, "not be- ing cleared of logs," became a subject of presentment by the grand jury ; also "the want of a foot bridge over the mill creek between this county and Phila- delphia, it being the King's road."
In their watchfulness over the interests of the county the want of a prop- er accountability on the part of disbursing officers, did not escape the notice of the grand jury. In a presentment they ask for an account in detail-showing payments on account of the court-house and prison, the poor, wolves' heads, councilmen's fees, &c. The clerk is presented for extortion, and they likewise present "as a general grievance of this county, the want of a standard to try both dry measure and liquid measure," for they say "some are too big and others are something too little." They recommend the "Winchester measure."
New modes of punishment for crime are constantly introduced : T- - L -. a servant, for counterfeiting pieces of eight, is sentenced, "to stand at the public place of correction at the town of Chester, two several court days, 3 hours each day, with a paper of his crimes, written in capital letters affixed upon his breast." This punishment became what was known as "Standing in the Pillory." This is the first instance of its infliction, and that name is not applied to it in early times.
It was at the August court of this year that the appointment of a jury of women was made. It is the only instance found in the record. The infliction of corporal punishment had become very general in cases of crim. con. When pregnancy had ensued the punishment was delayed: and it was to decide a question of doubt in a particular case that the female jury was empaneled. "They make their return that they cannot find she is, neither be they sure she is not." The result showed that the punishment was properly delayed.
The freedom of speech was very much restricted in these early times. Prosecutions for slandering the officers of the Provincial government or the- justices of the court were of frequent occurrence. In most instances the crim- inal expressions were nothing more than the wild ravings of drunkenness, or the boastful expressions of weak men who sought notoriety. For "speaking or uttering sianderous and dishonorable words against the life, person, and a government of the chief Proprietary, William Penn, as also against the life and person of this present Governor, John Blackwell. Esq.," the defendant upon
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his own confession was fined £5. "For defaming John Simcock, one of the people's representatives in the Council, in the words that he was drunk at the last court at Chester, the party was bound to his good behaviour, & was to set up a paper of what his crime was."
At the June court of this year, the grand jury laid out a landing place and open street for the service of the county as follows: "beginning at the North- westerly corner of the court house to low water mark, by Chester Creek and so of the same breadth by the said creek down to the Delaware River to low water mark, thence and also from the first mentioned corner of the Court house a public street 30 foot wide through Chester town."
Appraisements of the effects of decedents were made to the orphans' court. The names of some articles included in the inventories, sound strangely to us of this day, and the value put on others is equally remarkable. Thus, I doz. trenches is valued at Is ; 4 quaifs at 2s ; 7 petticoats at £3 ; one pair of stays & two green aprons, at £2 Ios, and a cow and calf at fI IO, &c.
Previous to 1689 the records of the Chester court furnish no instance of imprisonment as a punishment for crime for a period longer than a few weeks. This year there was a sentence for a year's imprisonment, in addition to cor- poral punishment.
John Simcock was re-elected to Council from Chester county, and the name of George Foreman appears as sheriff. William and Mary were pro- claimed King and Queen in 1689.
Probably nine-tenths of the population of the county were at this time members of the Society of Friends, and their plan of accomplishing marriages had become so common that it came to be looked upon with favor by persons not in membership, who indeed, sometimes asked and obtained permission to be joined in marriage in that way. Chester Monthly Meetings had permitted a marriage where one of the parties to it, "owned himself to be none of us, yet was willing to submit to the order of Friends." In Haverford Meeting, mar- riages of persons not members appear to have been allowed, as a matter of course, but in 'Chichester and Concord it appears from the following extract from the minutes of their meeting, that such parties were subjected to rather an embarassing examination previous to permission being granted to proceed. It was proposed by Friends to the young man and woman :
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"Ist Whether he did believe that was the truth which we professed, and walked in according to our measure-further showing that if we did not walk in the truth according to our measure given to us, we were but a community of men and women and not a Church of Christ-and then marriage would be as well by the law of the Province as among us; and your coming to us to propose your intentions of marriage and desiring our consent is as we are a church, which we cannot be without we walk in truth- Therefore whether thou dost believe that is the truth we profess, to walk in? His answer was yes he did believe it. Also the young woman was asked the same, Her answer was, I do believe it."
"2nd Whether you do believe that this way of marriage among friends is according to the order of Truth?"
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"3rd Whether you do believe it is your duty thus to proceed? they both answered- yes."
"Friends said as Paul to the Church of the Romans-Chap. 14-1-Him that is weak in the faith receive yon, but not to doubtful disputations."
"Whereupon friends left them to proceed according to the good order of truth, they having their parents consent thereunto."
However much the people of England were benefited by the accession of William and Mary to the throne, to Penn the change was the source of great trouble, serious disappointments, and. no doubt, of pecuniary loss. From hav- ing been the friend and favorite of the deposed monarch. James II., he came to be a suspected person under the new government; and, without having committed any offence, he was subjected to all the inconveniences that sus- picion brought upon its victims at this period of alarm and distrust. He was arrested. held to bail, examined. discharged, re-arrested and imprisoned ; and eventually driven into retirement. But his private interests suffered most : and particularly in having his matured arrangements for returning to Pennsyl- vania frustrated. His interests here had been greatly neglected, especially in the collection of quit-rents. As a consequence, more stringent instructions for their collection became necessary.
The too rigid enforcement of these instructions gave rise to dissatisfac- tion, which, in some instances, was not without reason. This was particularly the case in the Welsh Tract, where the commissioners insisted that the pur- chasers within its limits should pay the quit-rent on the whole 40,000 acres because it had been surveyed, or that others than Welshmen should be al- lowed to take up lands within the bounds of the Tract. The excuse offered by the commissioners for this stretch of their power, was the great damage the Proprietary had sustained from the want of seating and improving the Welsh Tract. and "the loss and hindrance to the well seating and strengthening the province." These allegations were destitute of truth, for up to this period the legitimate settlements within the Welsh Tract had progressed as rapidly as in other directions : and notwithstanding the commissioners, upon the refusal of the Welshmen to pay quit-rent on the whole Tract, granted patents to others within its bounds. the immigration from Wales was sufficiently rapid to sub- stantially settle the whole territory allotted to them by Penn, as early as the adjoining districts were peopled.
The pathetic appeal made by Griffith Owen and other inhabitants of the Welsh Tract against the unwarrantable proceedings of the commissioners is worthy of particular notice, as it fully explains the peculiar kind of community our Welsh ancestors had hoped to establish in the land of their adoption. They say :
"Wee, the Inhabitants of the Welsh Tract, in the Province of Penna, in America, being descended of the Antient Britains, who always in the land of our Nativity, under the Crown of England, have enjoyed that liberty and priviledge as to have our bounds and limits by ourselves, within the which all causes, Quarrells, crimes & titles were tryed & wholly determined by officers, magistrates [and] Juries of our own language.
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which were our equals. Having our faces towards these countries, made the motion to our Gov : that we might enjoy the same here, wch thing was soon granted by him before he or we were come to these parts."
They then recite the fact of the grant and survey of the 40,000 acres, upon which they say there were already near four score settlements, besides "several scores of their men servants who were very desirous to have out their head land." and that some of their friends had been here awhile, and had re- turned for their families, friends and relations, &c .: "and now," they say, "to deprive these of their lands & Libertys which they depend upon when com- ing here, (& that in their absence,) we look upon it to be very unkind Dealing, like to Ruin many Families, as also a subtell undermining to shutt that Door against our Nation, which the Lord had opened for them to come to these Countreys, for we can declare with an open face to God and man that we desired to be by ourselves for no other End or purpose, but that we might live together as a Civill Society to endeavour to deside all Controversies and de- bates amongst ourselves in Gospel order, and not to entangle ourselves with Laws in an unknown Tongue, as also to preserve our Language, that we might ever keep Correspondence with our friends in the land of our nativity. There- fore our request is that you be tender not only of violating the Governor's promise to us, but also of being instrumentall of depriving us of the things which were the chief motives and inducements to bring us here." &c.
The commissioners having prejudged the case, their answer was of course not satisfactory, and the land within the Welsh Tract was thrown open for set- tlement to others besides the descendants of the "Ancient Britains," but the number who embraced the opportunity was not large.
John Blunston having declined to serve any longer as a member of Coun- cil from Chester county, William Howell was elected to serve in his stead. What is remarkable in the return of this election is, that it is signed by all the freeholders who voted, the number being 29.
Upon the petition of David Lloyd, "a road or street was laid out from his plantation to Chester creeke to the public landing place," as follows : . "Chester, this 4th of the 4th month 1690 .- We the Grand Inquest do lay out a street 30 feet wide, the one half of this public street to be on one side the line dividing betwixt David Lloyd's and the Green L. C. one half on David Lloyd's Land, the other half on the Green's side, note that this street begins at the public landing place at Chester Creek, and ending at the further side of Joseph Rich- ards his lot near David Lloyd's house ; note also, that if any part of the 15 foot on David Lloyd his side, which is laid out for the street, it must so re- main."
The street thus laid out is now known in the borough of Chester as Fil- bert street, and we are thereby enabled with great precision to locate "the Green," a plot of ground well known at this period, and for some time after- wards, by that name. This Green was church land, and was no doubt secured by the Swedes in anticipation of the erection of a church at Upland. It is in- cluded in a patent for a larger tract granted to "Rev. Laurenty Caroly minis-
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ter to the Swedes," April 8th, 1669. This patent includes the whole river front from Upland Kill to "Prissers Kill," and is referred to as "the minister's land," in a patent granted to Jurian Kene on the 4th of August of the previous year. "The Green" does not appear to have had any definite bounds till the 11th of the 7th month, (September, ) 1684, when, upon a warrant of survey, a plot of nearly five acres in the form of a parallelogram, extending 12 perches along the east side of Upland Creek, and 65 perches along the river, was sur- veyed and laid out "unto Swedes in Upland township." It will be seen, here- after, how this Church Glebe came to be appropriated to secular uses.
John Hoskins was presented by the grand jury for trespassing "upon the county's land belonging to the prison house in Chester." "James Sanderlands being called and examined about the above said land, declareth that he did give all that land on which the prison now standeth between the street and the creek at the first beginning of this government, for to build a prison upon."
This year Thomas Person [ Pearson] and Peter Worrall were appointed "fence viewers," and as a consequence of this step in the road of improvement, John Thomas of Marple was presented by the grand jury "for keeping un- lawful fences, and disturbing his neighbor's cattle." "Bethel Hamlet" is also presented "for not repairing the bridge in said Hamlet."
The Kings road crossing Chester creek at the head of tide, there was no public road extending directly from Chester to Chichester (Marcus Hook). With the view of rendering the intercourse between the inhabitants of those places less difficult, the grand jury laid out "a foot way six foot wide from Chester creek over against the common landing place . unto Chiches- ter creek."
"A deed of foefment was delivered in open court by Thomas Powell unto Peter Taylor and Randall Maylin in the behalf of several others for a par- cel of land lying in Upper Providence, for the use of a burying place, bearing date the second day of the seventh month 1690." This acre now constitutes Sandy Bank grave-yard.
No one can examine these early records of Chester county court without discovering that there had been an increase in the higher grades of crime. Persons of bad character had smuggled themselves into the Province with the early settlers, or had been banished from the neighboring counties or Pro- vinces. With this increase of crime, more severe and more revolting punish- ments were resorted to. Whipping with "39 lashes well laid on his bare back at the cart's tail," was the sentence of a servant man in Chichester for steal- ing fourteen dressed deer skins; and, in addition, he was directed to be sold for eight years for his fine, costs, and to repay the losses occasioned by a form- er larceny. Banishment for collusion with a horse thief, and a forfeiture of one-half of the defendant's estate, in addition to one year's imprisonment, for adultery, were also among the sentences of this year.
At the September court, the name of Joshua Fearne appears both as a justice and as clerk of the court.
The disputes between Governor Blackwell and his Council were so fre-
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quent that Penn was obliged to make a change in the executive department of the government. The executive duties now devolved on the Council, with Thomas Lloyd as president. This change rendered a new appointment of jus- tices in the several counties necessary. The following persons were appointed for Chester county ; John Bristow, John Beaven, John Blunston, Nich. Newlin ffrancis Harrison, Sam11. Levis, James Sanderling, Wm. Howell, Jos. ffearne.
It was resolved and ordered by the council this year, "that each county shall hencefforward Elect or give their Suffrages according to Charter, viz. : by ye ballat." This mode of election has ever since prevailed in Pennsylvania.
The Friends' Monthly Meeting of Chester, now composed of the four par- ticular meetings of Providence, Middletown, Springfield, and Chester, became more earnest in respect to the erection of a meeting-house on the lot that had been purchased for that purpose. A committee for each meeting was ap- pointed to collect the necessary funds, and in the commencement of the follow- ing year it was agreed, "that John Bristow and Caleb Pusey do forthwith agree with and employ workmen in the building the meeting house at Chester, (with stone) on the place that was formerly bought for that purpose, the situation of which, as also the manner of building the same, is left to their own discretion, and that this meeting do defray the charge of the same, so that it exceed not above one hundred pounds, and that there be one convenient chimney at the least, and that the said John Bristow and Caleb Pusey do give account of what they have done."
The Welsh inhabitants of Haverford and Radnor have, at length, fully submitted to being annexed to Chester county. The names of several from those townships appear as jurors, and that of William Jenkins, of Haverford, as a justice of the court.
David Lloyd appeared on behalf of the recusant Welshmen, and assured the court "that they were willing to pay according to their proportions from the time they have been legally in this county; and after some debate it was agreed and acknowledged by David Lloyd, that the Welsh who are reputed to De within the bounds of Chester county, shall contribute towards paying the tax, the same being assessed and levied upon them as upon the inhabitants of Chester County according to due proportion & priority of residence and settle- ment, the inhabitants of the County of Chester indemnifying them the said Welsh from paying in Philadelphia and be at the charge of altering the patents and deeds which mention Philadelphia instead of Chester County ; provided that such their contribution to the said tax shall not be prejudicial or made use of to debar them of any privileges the Proprietor is or shall be willing and capable to grant or confirm unto them." Thus ended the Welsh difficulty ; and although the result was not in the end really prejudicial to the inhabitants of the two townships, it was certainly in violation of a solemn promise made to many of them before leaving their native country. The Welsh people, though placed in two municipal districts, in each of which they were greatly in the minority, did not for a long time lose their distinctive characteristics. The Welsh language prevailed for many years; and if tradition is to be relied up-
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on, there were many Welsh Quakers who could not understand William Penn when he preached at Haverford meeting in 1700-1.
The strict impartiality with which the grand juries acted has been men- tioned. As an instance of this impartiality, Caleb Pusey was foreman of the grand jury this year, and yet we find his name included in the following pre- sentment : "We the Grand Jury present, Richard Parker, Caleb Pusey, George Foreman, James Sandilands, John Hoskins & Roger Jackson, for selling Beer &c. without license contrary to law."
The following presentment contains the first intimation of the existence in the county of the instrument of punishment to which it refers: "We [the grand jury] also present Edward Eglinton for breaking the Stocks in the town of Chester, and unlawfully letting out a prisoner against the Peace of the King & Queen &c." It will be seen hereafter that stocks were established at other places besides Chester. Punishment by means of the stocks was mostly for petty offences, and was inflicted by authority of a magistrate or chief Bur- gess of the village in which they were "set up." This punishment rarely forms any part of a sentence of the court.
The very temporary character of the prison erected since the establish- ment of Penn's government, a period of about ten years, may be judged of from the action now taken by the court in respect to the erection of a new one.
"The want of a prison having been presented by the Grand jury it was this Court (Oct. 1691) debated concerning the building of a new prison and work house for felons; and it was agreed by the Court that one should be builded, eighteen foot and twenty-six foot, all builded of stone, and John Bris- tow and James Sandilands are intrusted and impowered by the court as near as they can to complete the charges and make return of the same at the next County Court." It will be seen that this order of Court was not carried into effect.
Heretofore, it has been the practice for the justices of the court to hold an orphans' court at specified times, when the other courts were not in session. The present mode of proceeding is now initiated, with the exception that when the court turns its attention from other business to that properly cognizable by the orphans' court, the record informs us that "An Orphans' Court was called." This tribunal was also charged with various duties, that would be rather onerous upon orphans' courts of the present day. The inventories and accounts of executors and administrators were brought into court for personal examination by the justices, and, as "father of the poor." they put out appren- tices. An instance occurs this year in which two minors, a boy and a girl, were put out till they were twenty-two years of age.
Making base coin appears to have been a common offence during the early settlement of the Province. At the last court of this year, - of Haverford, was presented, not only for making base pieces of coin, but "for making stamps for others."
A road had been laid out from Marple to Chester. In 1691 the grand jury extended this road from a point not very distant from Rhoads' tan-yard in
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Marple to a point near Radnor meeting-house. As nearly as can now be as- certained, the route of this road passed along the present Springfield road to the road that passes the Drove tavern; thence by the Presbyterian meeting- house to Darby creek, through a valley, the jury says, "called the dry hollow." The road then occupied the bed of the present direct road to the meeting-house ; the route does not appear to have been varied in the least on account of hills. The grand jury also laid out a road, "from the King's road in Darby town- ship to the landing place at Calcin Hook."
In 1691 the three lower counties were separated from the Province, much to the regret of the Proprietary. He appears, however, to have yielded his assent to the separation, by commissioning Thomas Lloyd as governor of the latter, and William Markham of the former.
As serious as has been the disagreements between those with whom the government had been entrusted, and which brought about its division, the ele- ments of discord of a still more serious character, had gained a footing in the religious society to which a very large proportion of the inhabitants of the province were attached. This doctrinal feud was introduced into the Society of Friends by the teachings of George Keith, a man of ability and education, who had been an eminent minister amongst them. The Quakers of this county, al- ways alive to every thing that affected the interest of the Society, took an ac- tive part in the controversy, and though many took sides with Keith, there was no division that resulted in the establishment of separate meetings within our limits.
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