USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 18
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In June, 1692, a meeting of Public Friends, in Philadelphia, issued the famous Testimony against George Keith, which was confirmed by the Yearly Meeting at Burlington, held in September. This document was signed by George Maris, Joshua Fearne, John Simcock, John Blunston and Walter Faw- cet, ministers of the Society residing in Chester county. Previous to the time of issuing this testimony, no notice appears in the minutes of any of the Monthly Meetings of Chester county on the subject of the controversy.
Friends now begin to give their attention to the subject of schools. At a monthly meeting, held at Darby the 7th of the 7th mo. (September), it was agreed, "that Benjamin Clift is to teach scoole, Beginge ye 12th of ye 7th mo : and to continue one whole yeare, except 2 weekes." The annual salary of this worthy teacher, as appears by an agreement for employing him another year, was but £12. He probably boarded with his employers.
Up to this time the supervisors of the highways were appointed by the court, when the justices ordered "that every respective township within this county, for the future, from time to time, shall within themselves appoint sup- ervisors and fence viewers, and make returns of the same to the county court from time to time." Our justices did not hesitate to legislate a little, occa- sionally, in these early times.
It was not uncommon for the court to notice abusive words spoken against any of its members. This practice was in accordance with the spirit of the times, but was evidently unattended by any beneficial results. A case,
9
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DELAWARE COUNTY
such as the following, could hardly be allowed to pass unnoticed at the present time: "J- M- was called to the bar to answer a presentment of the Grand Jury, for abusing John Bristow and John Simcock, two of the King and Queen's Justices of the peace, in calling them a pack of Rogues, and the Jury was called & the said M- did then, in open Court, affirm that the said partys was two of the greatest rogues that ever came to America. Where- upon the Court gave judgment that he pay a fine of five pounds & Costs of suit, &c. The said M- - was also fined 5s. for swearing."
From the following proceedings, in respect to laying out a road in Ches- ter, it may be inferred that a public Dial was set up in that town. Upon peti- tion of James Lownes and others, the grand jury was authorized "to lay out a road to the Dyall post straitway to the road for the convenience of both town and country." This road was laid out and returned as follows: "Beginning at the Dyall post and so running south 22 degrees West to low water mark ; then beginning again at the Dyall post aforesaid thence running North 22 de- grees East up the King's road, which said road or street is to contain thirty foot in breadth, and the said Dyall post is to be the western bounds thereof."
The same grand jury, at the same court, made what they are pleased to term, "a return of a road to Thornbury." Being brief, the "return" is given as another specimen of the manner these early road viewers performed their duties : "Beginning at a marked tree by Edward Carters, which was marked by a former Grand Jury, and so along a line of marked trees to John Baldwin's fence, and then by John's consent over a corner thereof through a corner of his field and so along to a black oak, being a corner of John Nield's land, and from thence down to John Nields field and by his consent over a corner there- of, and so through the creek, and up the hill, by Gilbert William's Barn."
The order for the erection of a new jail and work-house, made by the court in 1691, does not appear to have been enforced, and the grand jury again presents the want of such a building. The court having considered this action of the grand inquest, "agreed forthwith to build a prison." and did "order John Simcock & John Bristow to take care for the building of the same; and that the sheriff take care to levic the fines due to the public in order to defray the charges of the prison."
The following order for a levy, made at the January court of the follow- ing year, will show that the sheriff had not been very successful in the collec- tion of "fines due the public." "Whereas the Grand jury have taken into con- sideration, the necessity of a prison, and the defraying of the charge of the county, have unanymously agreed to lay a levie for defraying the said charges as followeth, viz: Upon every male white and black from 16 years to 60. 3S. every 100 acres belonging to persons resident, 3s .- and upon every 100 acres belonging to persons non-resident, 4s. 6d. : and the Court considering of it agreed to the same, and doth order that forthwith warrants be issued out of the levie, the same in every township, by the respective constables, one moiety to be paid, at or before the next County Court ; and the other moiety, at or be- fore the first of the 9th month following: and the constables shall [hold] a
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DELAWARE COUNTY
town's meeting to make assessment for levying the same; and when account is taken of Males and Lands, to return a duplicate of the same to Chester or Darby, when we will be at both places, for the ease of the country, Justices met to receive the same, upon the 13th day of the 12th mo. next." This is the first instance in levying a poll tax, where no distinction has been made between freemen and servants.
It might be supposed that the prompt erection of the new jail was now a matter of certainty, but it does not appear that the above levy was ever made ; owing, it is probable, to the desperate condition of the affairs of the Proprie- tary ; for it was about this time that the King and Queen took the government of the Province out of his hands, and commissioned Benjamin Fletcher, the Governor of New York, to be captain general of Pennsylvania and the terri- tories annexed. Be this as it may, a minute of the December court of this year shows that another levy was authorized for the erection of the new prison. It is in these words: "The Grand Jury presented the want of a prison in the county, and they have given in their judgment, that one hundred and fifty pounds will defray the charge-the order of the Court is that there shall be a levy forthwith for the raising of the sum for the defraying of the said charge."
At a Court of Petty Sessions, held at the house of John Hodgkins at Chester, early in the next year, an assessment was authorized for raising £150 for defraying the charge of the new jail, "at the true value of two pence per pound upon the real and personal estates of all the inhabitants of this county, seasable by the first act of the new laws-all freemen 6s. per head." This is the first ad valorem assessment made within our limits.
It was the custom for the grand jury, whose duties were about to expire, to meet and make their presentments of every presentable matter that had come to their knowledge since the adjournment of the previous court. After naming the justices present, sheriff and clerk, the minutes of each court, at this period, proceed thus : "After proclamation made and silence commanded, by the King & Queen's authority, and in the Proprietary's name, the Grand Jury was called over, and appeared and gave in their presentments and was dis- charged; and a new Grand Jury returned by the Sheriff was empannelled." A less number composed a grand jury then than at the present day-usually about fifteen.
Some idea may be formed of the mischievously inquisitorial character of Chester county grand juries at this period, from the fact that at one court two newly-married couples were made the subjects of presentment because a child was born, in each case, too soon after marriage. In one case, besides the court charges and a fine of 20s., both parties were sentenced "to attend at the com- mon whipping post, and for the officer to declare their offence to the people ;" while in the other case the fine was 50s., but the woman only was subjected to public exposure. This was more wantonly cruel than was inflicted in the former case, and consisted in standing at the common whipping post for one quarter of an hour with a paper on her breast, thus: "I here stand for an ex-
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ample to all others for committing the most wicked & notorious sin of forni- cation."
Presentments by the grand jury of such cases as the above could have no beneficial result, but their watchfulness when directed to matters that con- cerned the public was often productive of much good, especially when sec- onded by the court. A bridge over Ridley creek having been several times pre- sented, the court this year imposed a fine of £5 each on the supervisors of Chester and Ridley for their neglect to repair it. Such cases were not unfre- quent.
While the courts at this period, and for many years afterwards, did not hesitate to sentence a freeman to be sold into servitude for a period of years, in order to liquidate a fine or some other dues, they were extremely vigilant in guarding servants against oppression by their masters. Upon the complaint of a servant that he had served out his time and had been turned off "without clothes fitting for a servant to have," the court ordered his master to "pay him" a hat, coat, waistcoat, breeches, drawers, stockings and shoes, all new, and also ten bushels of wheat or fourteen bushels of corn, two hoes and one axe. This kind of complaint was very common, and was denominated a claim "for the custom of the country." Justice Jonathan Hayes constantly inter- poses his dissent to the allowance of this "custom."
There was another duty the court had to perform in respect to children about being bound out to service. This duty consisted in determining their ages, and the time they should serve. This was termed "Judging" them. At the October court of this year "the boys that Mauris Trent brought into the country were called up to be judged." There were eight of these boys, and they were probably negroes. They were ordered to serve their respective mas- ters till they arrived at the age of 21 years.
The grand jury laid out the following roads in 1693, viz: One from the townships of Upper Providence and Edgmont "to the limestone ;" one from Newtown to Haverford Mill; one from Thornbury towards Chester, and they reported adversely to one application for a road, which is the first adverse re- port on the record.
Upon the petition of the inhabitants of Radnor to the Lieutenant Gover- nor and Council "requesting a road to be laid outt from the upper part of the sd township of Radnor unto marion ford," a warrant was directed by the Lieu- tenant Governor to lay out the same.
Upon petition of the inhabitants of Chester county to the Governor and Council, setting forth that they had long suffered for want of a division line between that county and New Castle, it was resolved, "that for the present con- venience of the government and not for an absolute and final proprietarie di- vision, (but that the inhabitants on the borders of both counties may know to which of the two to pay their levies, taxes, &c., and perform their countie ser- vices.) the bounds of New Castle Countie shall extend Northward to the mouth of Naaman's creek, and upwards along the S. W. side of the norther-
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most branch, (excluding the townshipps of Concord & Bethell) and not to ex- tend backwards of the northermost branch above the sd townshipps."
It is a source of regret that the minutes of Haverford Monthly Meeting from the 5th mo. (July,) 1686, to the 5th mo., 1693, are wanting, because that meeting was more particular than any other in noting matters that would form interesting items for a local history. During this period, the meeting at the Schuylkill has ceased to be connected with this monthly meeting, but the regis- ter of marriages, still preserved, shows that the connection continued till 1688. The Haverford Monthly Meeting is now composed of the three preparative meetings of Merion, Haverford and Radnor.
It has been seen that the Welsh people, of which these meetings were al- most wholly composed, refused till 1690 to attach themselves to any district in which municipal government had been established; claiming a promise from the Proprietary, that they should form a separate community, with a view of deciding all controversies and debates amongst themselves in their own lan- guage and "in Gospel order." The monthly meeting was doubtless the tribunal that regulated the secular as well as the spiritual affairs of our Welsh ancestors for seven or eight years after their first settlement; nor did they wholly entrust their civil matters to the officers of the law for some time after they had sub- mitted to a division of the Welsh Tract between the counties of Philadelphia and Chester. Thus, at the monthly meeting held at Haverford in the 6th month (August,) 1693, it was ordered, "yt Wm. Howell, Morris Llewelyn for Haver- ford, David Merideth, David Evans for Radnor, Griffith Jones, James Thomas for Merion, see yt sufficient fences be kept in his respective neighborhood." And again in the proceedings of the following mouth, this minute occurs: "It is ordered by this meeting and consent of the inhabitants of the townships of Haverford and Radnor, in pursuance of a law in that case made yt ye inhabi- tance of ye sd two townships should pay Is. per hundred toward ye takeing of Wolves. Wm. Howell, William Jenkins, for Haverford, and David Meredith and Stephen Bevan for Radnor. to receive ye sd Taxe."
Previously to the disownment of George Keith, as has been mentioned, the minutes of the several monthly meetings are silent in regard to him. Since that time he is frequently noticed, but not with respect. The first is by Chester Meeting, which orders "that [copies] of the paper written by Jane Biles as a testimony against George Keith and his company and separation and abusing friends, (which said paper being read and well approved of), be obtained," to be disposed of "for the general service of truth." The first meeting-house at Chester appears to have been completed in 1693. A meeting-house at Radnor was also completed and brought into service about the same time.
The Society of Friends had been in advance of other religious sects in providing comfortable quarters for their horses at their places of worship. The first provision made for this purpose, of which there is any record, was at Haverford in 1694. when a committee was appointed by the meeting, "to get a stable made adjoining this meeting house."
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DELAWARE COUNTY
In early times, township meetings assumed the right of enacting rules and regulations, or rather to make laws, for their respective townships. Unfortu- nately but few of the ancient records of our townships have been preserved. The following items have been extracted from the Darby township book :
1
"Agreed that this meeting begin at Eleven o'Clock in the forenoon, and that the con- stable give notice the first day before.
"And it is also agreed that the said town's meeting be held on the third day of the last week in the twelfth month, (ycarly) to appoint officers for the ensuing year, at which time the officers is to give up their accounts.
"Agreed that none of the inhabitants of this Town take any horses or mares either to keep in winter or summer, nor no cattle in summer except they keep them within their own fenced lands, upon the penalty of five shillings per head for every month."
J
The above extracts are without date, but stand on the record immediately above the following. It may therefore be inferred that they were enacted at the same, or at an earlier period.
"Agreed by the Townsmen of Darby at the meeting house, upon 26th day of the 12th month, 1693-4, [Feb., 1694,] that whatever handy-Crafts men shall offer himself to inhabit in the township, shall first continue forty days as a sojourner, to have the approbation of the said township; whither he shall be received as an inhabitant or no; and that no per- son shall dare to receive any stranger as an inhabitant before such probation and grant of said Townsmen.
"Signed on behalf of the Town of Darby, by THO. WORTH."
"Agreed at a Town meeting 1693-4, That Tho. Worth shall as Clerk of the Town, signe all public agreements in behalf of the town, and the same shall be as binding as if every mans particular hand was at the same."
The Court proceedings of this year are introduced by imposing upon Mary M- a fine of "five shillings for her lying."
A road was laid out "between Radnor meeting house and the Schuylkill ford ;" and also one "from John Longworthy's house to a road between Ches- ter and Radnor."
One Philip England claimed the monopoly of the ferry at High street on the Schuylkill, but from some cause, the Friends of Haverford Monthly Meet- ing, with the assistance of some Friends of Darby, supported a ferry in the vi- cinity of that kept by England, and employed a man named Nathaniel Mulli- nax to attend it. England petitioned to the Governor and Council to support him in his monopoly, which they eventually did, on the ground that the ferry was the Proprietor's right, a grant of which was held by England. The deci- sion of the Governor was accompanied by a prohibition against all others "us- ing anie other ferrie within foure miles distance on either side of the river, of the proprietors ferrie."
A report made by a committee of the Council this year, giving the amounts raised in the several counties upon an assessment of Id. per pound, will give some idea of the relative progress that had been made in the different counties :
135,
DELAWARE COUNTY
County of Philadelphia, £ s.
314 II II
County of Chester,
65
00 07
..
Sussex,
IOI OI 09
..
Kent,
88 02 IO d.
£ S. d.
.. New Castle,
I43 15 00
Bucks
48 04 01
£760 I6 2
At this time the settlements had spread in Chester county but little beyond the territory now included in Delaware county.
There appear to have been great losses of stock and cattle during 1694, from want of provender.
"The want of a Bridle road between the broad road near James Brown's house in Chichester [Marcus Hook] and Chichester creek and from thence to Chester creek," was presented by the grand jury at the March term of 1695. A similar presentment had been made at the previous session of the court. The necessity of such a road will be understood, when the reader is informed that the King's road did not, up to this time, pass through Chester, but crossed both Ridley and Chester creeks at the head of tide ; there being no bridge over the creek at Chester, and no public road from thence directly to Marcus Hook.
The Grand Inquest, after having examined the accounts of the county recommend a levy of a penny in the pound, which was ordered by the court, "for finishing the prison and defraying of the old debts & for wolves heads ;" also for the relief of the poor. The grand jury also on this occasion performed the duty of county auditors, and "having examined Jeremiah Collet's [the treasurer's] accounts, finds them to be true accounts, and finds him to be in- debted to the county, the sum of eighteen shillings and eleven pence, and the county to be indebted to Thomas Smith the sum of 18 pounds 19s. and 4d." The next grand jury held a meeting on the 2d of October, to consider the af- fairs of the county. The following interesting record of their proceedings is given at length :
"We the Grand Jury by the King's authority, finding that the county is in debt by the accounts that the last Grand Jury presented; that the County Treasurer is out of purse, and others in the concerns of the county charge; and that the prison is not yet finished, and several wolve's heads to pay for: We the Grand Inquest have taken it into our consideration to lay an assessment upon the county for to pay the Judges expenses, which is to be paid to Joseph Wood, Sheriff of Chester County, and what was disbursed by the said Treasurer of said county concerning the building of the prison, and to finish the said county prison, with as much expedition as may be, and the said levy to be raised as followeth :- on all real and personal estates, at one penny per pound and three shillings per head on free men, (viz) every acre of cleared land, and being in tillage, at one pound per acre; and for every hundred acres of rough land by the river, at ten pounds per hundred, and for every hundred acres in the woods, at five pounds per hun- dred; for all horses and mares from three years old and upwards, at 3 pounds; for every colt one year old and upwards, 20 shillings; for all cows and oxen, from three years old and upwards, £2. IOS; for all cattle one year old and upwards, at one pound : for all sheep a year old and upwards, at six shillings a piece; for all male negroes, from 16 years old and upwards, to sixty, 25£ per negro; for all female negroes from 16 years old to sixty, at 20£ per negro; for Chester mill at one hundred pounds, Joseph Cobourn's at £50, Darby mill at one hundred pounds, Hartford [Haverford] mill at 2of pounds, Concord mill at Iof pounds; Jasper Yeates for his estate and calling 200 pounds, Caleb
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DELAWARE COUNTY
Pusey for his estate and calling 100 pounds, Jeremiah Collett for his estate and calling 30 pounds, Nathaniel Newlin for his calling 20 pounds; all ordinary keepers, for their callings, 20 pounds; for all handicrafts that followeth no plantation for calling, 3 shill- ings a piece .- Subscribed by this present Grand Inquest."
From the above extract we learn many interesting facts. There were five mills in the county at this early date, besides the Swedes' mill on the Philadel- phia county line. The dates of the erection of the Chester mill, and Coburn's mill have already been given ; and a presentment of the grand jury made in 16SS. shows that the Haverford mill was then erected. This mill was on Cobb's creek, near the place where that stream is crossed by the road leading past Haverford meeting-house. Of the Darby mill and Concord mill, the au- thor has not met with an earlier notice. The Concord mill occupied the site of the mill now owned by Samuel Leedom. A mill was shortly afterwards built lower down the stream by Nicholas Newlin, but not so low down as the mill owned by John Hill.
While it is not presumed that the full value of property is given in the as- sessment, the relative value may be relied on as nearly correct. We thus see that cleared land, under tillage, was ten times as valuable as unimproved land near the river, and twenty times as valuable as unimproved lands further back, etc.
Maurice Trent, before mentioned, brought another set of boys into court to be "judged." Their respective periods of servitude were accordingly fixed by the justices. It had become a common practice at this period for servants who had run away, or in any other manner caused loss or expense to their masters, to be brought into court for the justices to determine, what additions should be made to their terms of servitude, as an equivalent for such loss or expense.
At this time, there was considerable trade at Chester, and also some at Marcus Hook. Hence we find appointments of officers connected with its proper regulation. Edward Dangger was this year "attested Geager and Pack- er and Culler of this County of Chester."
The arbitrary rule of Governor Fletcher, under which Quakerism found but little favor, continued about two years, when the King and Queen were pleased to restore the government of the province again to William Penn, very much to the satisfaction of the people. The affairs of the Proprietary were not, however, in such a condition as to allow him to visit the country, and Thomas Lloyd having died, he again commissioned his cousin William Mark- ham as his deputy.
It came to the knowledge of the Concord and Chichester Monthly Meet- ing, about this time, that two young persons of the latter township, were en- gaged in certain studies and practices that, at this period, were regarded as very dangerous. The serious gravity with which the subject was treated by the meeting is really remarkable.
"Some friends having a concern upon them concerning some young men which came among friends, to their meetings, and following some acts which friends thought not fit
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DELAWARE COUNTY
for such as professed the truth, to follow, viz: Astrology and other arts, whereupon it was stated to the meeting concerning Astrology and other Sciences, as Geomancy and Chiromancy and Necromancy &c .- It was debated and the sence of this meeting is, that the study of these sciences brings a veile over the understanding, and a death upon the life."
The meeting ordered the young men, as well as their father, to be spoken to on the subject. The conference with the former is given as follows :
"Philip Roman and his brother Robert, friends of Chichester, was speak'd to about those arts and sciences above said; they seemed to disown that is mentioned except the Astrology. Much was said to them, but it was not received. At last they proposed to the meeting, if they thought well of it, to confer with Nicholas Newlin and Jacob Chandler, and if they could convince them that it was evil, they would leave it."
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