USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 21
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sell strong liquors by retail for six months and no longer, in consideration that he now hath liquors lying on his hand, which cannot, without great damage, be vended as is supposed in much less time." John Test kept tavern in Darby.
A Supreme or Provincial Court was held in Chester this year in which John Guest and Jasper Yeates officiated as justices. This court declined to try an indictment for burglary, on the ground that it had no jurisdiction in the case.
Instead of grand jurors holding their office for a year as formerly, there is now a new grand jury called at every court. Many of their presentments have the form of regular indictments, but others bear unmistakable evidence of having been drawn up in the grand jury room, of which the following is a specimen : "We the Grand Jury do present the want of a good lawful bridge over the Sweed's mill creek, and also over Darby creek, and also over Crum Creek, and to have the Queen's road made good, laid out according to law through Darby township & the township of Ridley to clear the road and mend the bridges."
At the close of the year 1705, an act was passed by the legislature "to as- sure, grant and convey unto Ralph Fishbourne of Chester, Gent, one mes- suage, Cottage, house or Tenements and lot of land thereunto belonging, situ- ate in Chester, in the county of Chester aforesaid, formerly known by the name of the old Court house, to hold to the said Ralph Fishbourne, his heirs and assigns forever." This court-house was built in 1685.
Governor Evans was a young man, and was alike destitute of correct prin- ciples and good morals. He hated the Quakers, and in order to test their doc- trine of non-resistance, he restored to a trick so contemptible in character, that it should at once have insured his dismissal from office. With one French, who was stationed at New Castle, and others, he concerted a plot, to raise an alarm, by announcing the approach of hostile vessels. On the appointed day, (May 16, 1706,) French sent a messenger to the Governor in the greatest haste, with the false news, which the Governor and others in the plot pre- tended to believe, and did not fail to circulate far and wide. The Governor, in order to play his part the better, rode through the streets of Philadelphia on horseback, with a drawn sword in his hand, in the greatest apparent con- sternation. This false alarm must have reached Chester before it reached Philadelphia, but no document has been met with in which the subject is men- ticned. By evening of the same day, the untruthfulness of the story became known, and its authors were glad to hide themselves in order to avoid the just indignation of an insulted people.
The Great Southern road, as originally laid out, crossed Darby creek at nearly the same point where it now crosses-just at the head of tide. The place of crossing Crum, Ridley and Chester creeks was also at the head of tide water, and the main route of the road had a general direction to suit these points for crossing the creeks. A bridge had been built over Chester creek at Chester, and the road had lately been varied at that point. Upon the petition of the inhabitants of the town and county of Chester to the Governor and
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Council, Jasper Yeates, Caleb Pusey. Jeremiah Collet. Robert Barber and John Hendrickson, were appointed "to lay out the Queens road on as direct a line as may be from Darby to answer the bridge on Chester creek." At the same time the Council ordered, that "if there shall be occasion for building a bridge over any Navigable Creek or water, for the greater convenience of Travelling the said road, that such bridge shall be so built, that the same may in no wise hinder any boats from passing, either up or down such creek or water." The road was promptly laid out in pursuance of this order of Coun- cil, and the justices of the court at once directed the supervisors of Chester, Ridley, and Darby to be notified by the sheriff to clear the same. This does not appear to have been done: for, agreeably to a draft submitted to Council in 1747, by Joseph Bonsall and John Davis, scarcely any part of the road then travelled corresponded with the road laid out in 1706-the travelled road, ex- cept for a very short distance, being from twenty to forty perches or more south of that laid out in 1706.
By agreement between the Philadelphia and Chester Quarterly Meetings, Newtown Meeting was transferred to the latter. There was also a preparative meeting extablished at Nottingham this year. by the Concord and Chichester Monthly Meetings.
Under directions from the quarterly meeting, action was taken in the several monthly meetings of the Society of Friends on the subject of grave- stones. The committees appointed on that subject by Chester Monthly Meeting found but "six small stones to the graves." It was "the sense of the meeting," that they "be sunk or taken away." At Darby, where grave- stones appear to have been more common, the request for their removal was directed to the relatives of the deceased. The task was, therefore, very re- luctantly performed, and in some cases the relatives disregarded a request so much at variance with their feelings. Eventually the subject gave rise to con- siderable dissatisfaction in this meeting and others.
It does not appear to have been the practice. in early times, for the Society of Friends to keep a record of the voluntary relinquishment of membership. It is therefore impossible to ascertain the number who took sides with George Keith. Some of them returned to the Society, made an acknowledgment of their error, and were kindly received. Others did not, and are spoken of in the Society as Separatists. Between these and the Society of Friends no very friendly feeling existed. In 1703, Newtown Meeting reported to Haverford Monthly Meeting, with which it was then united. "that divers that had form- erly separated from Friends, desire to join with them in their burying-place." It was the judgment of the meeting, "that they should not be concerned with them while they so continue." And again, this year. "W- T- of Newtown attending the funeral of a child of one of his neighbors, a Separatist. and one of the Separatists going to prayer, he unadvisedly took off his hat. which he acknowledges to be a scandal to the truth, and is sorry for it."
A proposition was made last year, to Chester Monthly Meeting. by the Goshen Friends, "for building a meeting house and having a grave-yard near
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Edgment road in Goshen," but no action was then taken. This year the pro- position is renewed in these words: "Friends of Goshen meeting laid their in- tention, of building a meeting house near Robert Williams by the Burying ground, which this meeting hath nothing to object against." A meeting was at the same time authorized to be held once a month in Whiteland, and once in six weeks at James Thomas' in the Valley.
At the February court of this year, Jeremiah Collett, constable of Chi- chester, was presented by the grand jury for neglect of duty, in not presenting Mordecai Howill, "for working and suffering his children and servants to work and do servile labor on the first day of the week." What was done with Mordecai Howill does not appear, but the poor constable, after pleading guilty, was sentenced by the court "to pay a fine of five shillings and his fees, and then go Quitt."
Heretofore all bridges have been a township charge. All the bridges 011 the recently laid out Queen's road, and all bridges on roads leading to the same, are directed by the court to "be erected, repaired and maintained at the public charge of the county of Chester." This order of the court does not appear to be in pursuance of any law on the subject.
The first report of damages by reason of laying out a public road, was made to the November court of this year. The damage was laid at £5, for "passing over Joseph Richard's manured land."
At the following February term, three constables were appointed by the Justices, "to attend this court." This is the first instance of such an appoint- ment, furnished by the records of the court.
The following is a part of the proceedings of a Court of Private Sessions, held in December, 1708: "Whereas there is a necessity for a new door for the prison, being the common gaol, ordered that Henry Hollingsworth, clerk of the said county, forthwith cause a door for the said prison to be made and grated with Iron bars on the outside, and so finished that it may be secure from either cutting or firing by prisoners." Most of us who have served as grand jurors, in visiting the old prison at Chester, will recollect this grated door.
At the May term, "Thomas Clarke appeared in open court and was quali- fied attorney general for the county of Chester, according to law." This is the first appearance of such an officer, though occasionally an attorney has represented the Crown in a particular case.
The administration of Governor Evans was as unpopular as the foolish conduct of a profligate young man, filled with conceit, could make it. His al- tercations with the Assembly were constant ; but at length that body, aided by other real friends of the Province, secured his recall. He was superseded in September, by the appointment of Colonel Charles Gookin, who did not, how- ever, arrive in the Province till the following March.
A new commission was issued to the justices of the several counties. Those appointed for Chester county were : "Jasper Yeates, Caleb Pusey, Philip Roman, Jonª. Hayes, Thos. Powell, Nicholas Pile and Henry Pierce."
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The constant altercations between the Governor and Council on the one side and the Assembly on the other, during the administration of Governor Evans, were such an impediment to legislation, that but little was effected eith- er for good or for evil. James Logan was the leading spirit on the side of the Governor, and it cannot be doubted that he supposed he was fairly represent- ing the interests of the Proprietary. His conduct, however, throughout, can- not at this day be defended, though it may be, in a measure, excused on ac- count of the unmanageable character of the Governor, through whom he was obliged to act. On the side of the Assembly, David Lloyd held a similar posi- tion : and while we may regret the impetuosity of temper he sometimes exhib- ited, a fair and impartial examination of the questions discussed, will show that he was generally on what would be considered the right side at this day. His views were in advance of the age in which he lived, and, as a necessity, in advocating them he not only encountered the prejudices of the times, but every interest that had grown out of them. But this controversy belongs to the history of the State, rather than to that of one of its smallest counties.
Settlements were now rapidly extending westward. New meeting-houses and mills were being erected, and new roads laid out.
Application is made to the Chichester and Concord Monthly Meeting, and by it to the Quarterly Meeting, "that the meeting of worship kept at the house of William Browne in Nottingham, may for the future be kept at the new meeting house, there built for that end and purpose, every first, and fifth days." A road is also petitioned for, to the court, "from Thomas Jarman's mill in the Great Valley to William Davis' mill in Radnor." The Friends of Newtown also have intention "to build a meeting house near Friends burial yard."
So great had been the prosperity of our Quaker settlers that they were not only able to build their own meeting-houses, but were able and willing to aid distant communities of the same faith to erect similar edifices. Accordingly we find the Treasurer of Chester Monthly Meeting ordered "to pay eight pounds, Boston money, to Samuel Carpenter or Isaac Morris, it being this meeting's proportion of one hundred pounds, that the Yearly Meeting ap- pointed to be raised for Friends of Boston in order for their assistance in pay- ing for their meeting house."
The Indians manifested some uneasiness about this time, which was communicated to the Governor by William Dalbo, of Gloucester county, New Jersey, "who acquainted him that there is a Belt of Wampum come to Cones- togo, from Mahquahotonoi ; yt there was a Tomahock in Red in the belt, & yt the French with five nations of Indians were designed for war, and to fall on some of these plantations." This information was duly laid before the Council, by the Governor, on the 14th of April, and also a letter he had received from Mr. Yeates, Caleb Pusey and Thomas Powell, dated the same day, "purporting that to-morrow there was to be a great concourse of Indians, those of Conestogo & those of the Jersey; that they were of opinion that it might be a seasonable opportunity for the Govr. to visit them altogether ; the
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meeting being the greatest that has been known these Twenty years, and is to be about two .miles from Jno. Warraws [Jno. Worralls], at Edgmond." It was the opinion of the board "that the Governor with some of the Council, and as many others as can be got should go to-morrow to meet the sª Indians to inquire further of them about the said Belt of Wampum, and what else may be thought necessary." The Governor and others doubtless met the Indians, as here indicated, but as no report of the interview was made to the Council, it is probable the principal chiefs were not present. On the 29th of April some more alarming news was communicated to the Council, which induced the Gov- ernor to visit Conestogo and have an interview with the Red Men. He found them "very well inclined to the English," but they complained of aggressions that had been committed on them by the white man. The Governor, imme- diately on his return from Conestogo, sent Colonel French and Henry. Worley to ascertain more fully the wishes of the Indians. These gentlemen returned with eight belts of wampum, and made their report to the Council on the 16th of June. Each of these belts had a particular significance. The import of three of them will be given: The first was from their old women, and signi- fied "that those implored their friendship of the Christians and Indians of this Govmt, that without danger or trouble, they might fetch Wood & Water. The second Belt was sent from their children born, and those yet in the womb, re- questing that room to sport & play without danger of Slavery, might be al- lowed them. "The third Belt was sent from their young men fitt to hunt, that privilege to leave their Towns, and seek provision for their aged, might be granted to them, without fear of Death or Slavery." The last two of these belts have a significance that cannot be misunderstood. They plainly suggest the reason for the passage in 1705 of the "Act to prevent the importation of Indian slaves."
At the election in October of this year, the liberal party, of which David Lloyd was the acknowledged leader, was defeated throughout the province. This defeat has been attributed to a letter from the Proprietary, dated at Lon- don, 29th 4th mo. [July]. 1710, which censures unsparingly, the course pur- sued by the Assembly. This, however, is a mistake, for the letter was not re- ceived till after the election. The people had become wearied with the inces- sant controversy kept up between their representatives and the Governor and Council, and though they may not have approved of the conduct of the latter, they availed themselves of the only means in their power to terminate the political broils which, by obstructing all useful legislation, had come to be re- garded as a more serious evil than to yield to the demands of their opponents. David Lloyd removed to Chester in 1710, but whether before or after the elec- tion is not known. In 1712 he was chosen a representative from Chester county.
The defeat of the liberal party produced more harmonious action in the government. Still there was a considerable difference of opinion between the representatives of the people and the official dependents of the Proprietary,
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but each side evincing a more yielding disposition than heretofore, the progress of legislation was not materially impeded.
Towards the close of 1711. Newtown Meeting informed the Chester Monthly Meeting "that their meeting house is near finished, and desired that their meeting may be removed from Evans Lewis' to the meeting house."
At a monthly meeting, held 28th of 2d mo. (April), 1712, the representa- tives of Goshen meeting "moved the request of several friends that lives at a place called Youchland, to have a meeting at the house of John Cadwaladers." This meeting was allowed to be held "every first and fifth days, except when a meeting is kept at James Thomas', they meeting once in six weeks with the Great Valley friends at James Thomas'."
Preachers among the Friends were very numerous in most of the meet- ings in the county about this time, and several of them were quite eminent. These were frequently engaged in making religious visits to distant places-to Virginia, Carolina, Barbadoes, Long Island, New England, and sometimes to Great Britain. Elizabeth Webb, of Birmingham, returned this year from a visit to England and Wales, with certificates of approval from six different monthly and quarterly meetings, and John Salkeld is furnished with a certifi- cate "to visit friends in the Islands, and also in Great Britain and Ireland, or elsewhere," and in the following year John Jarman, of Radnor, asked for a certificate to visit England and Wales. Many such religious visits might be enumerated.
There appears to have been a congregation of Seventh-day Baptists or- ganized in Newtown about this period. It is referred to in a minute of Ches- ter Monthly Meeting, in which complaint is made that a member "inclines to join that sect, and hath frequented their meetings."
"A petition of a great number of the inhabitants of the county of Ches- ter" was presented to the Governor and Council, "praying that ye Borough of the Town of Chester, in this Province may be made a free Port." The matter was referred to the Proprietary, that he might "take proper methods concern- ing the same & Consult the Comr of the Queen's Customs therein." If this ap- plication had been successful, the improvement of the venerable borough would not have been left for the present generation to accomplish.
An act was passed in 1712 to prevent the importation of Negroes and In- dians into this Province. The passage of this law was the first effort made to restrain the increase of negro slavery in Pennsylvania, but it was subsequently repealed by the crown. This result was brought about by commercial consid- erations alone, regardless of the dictates of humanity or the interests of the Province.
Wearied with his pecuniary incumbrances and the troubles that were in- cident to his Proprietary rights, which his increasing years and declining health rendered him less able to bear, Penn entered into a negotiation for the sale of the Province to the Queen. The price ( £12,000), and other particulars of the sale, had been agreed upon, when the Proprietary was suddenly seized with a
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partial paralysis, from which he never sufficiently recovered to enable him formally to execute the contract.
A road was this year laid out "from Providence Lower road by Richd Crosby's mill to Edgment road." This is the first mention of Crosby's mill that has come to the notice of the author.
The following extract from the records of Haverford Monthly Meeting would seem to indicate that a pecuniary stimulant was necessary to secure a confirmation by the Crown of certain provincial legislative enactments: "It was signified by the Quarterly Meeting that some friends disbursed money on account of getting the affirmation act confirmed, which are yet unpaid ; and the proportion thereof befalling upon this meeting appears to be one pound, fourteen shillings one penny half penny, and Thomas Jones is ordered to pay the same according to the desire and order of the Quarterly meeting." An af- firmation act was among the earliest laws enacted by Penn. but this was an- nulled by Queen Anne in 1705, and consequently Friends were subjected to the form allowed in England, which was in these words: "I, A- B-, do declare in the presence of Almighty God, the witness of the truth of what I say, &c." Some Friends objected to this form of affirmation on account of the appeal made to the Supreme Being, and it was to remove this difficulty that the act in question was passed. The application for its confirmation was not successful.
Many persons have been led to believe from the date on the Friends' meeting-house at Merion, that the present edifice was erected in 1695. That date undoubtedly refers to the first meeting-house, a temporary structure of wood erected on the same site. The present meeting-house, which has been renovated within a few years past, was erected in 1713. The following minute adopted by Haverford Meeting on the 8th of the 8th mo. (October) of that year, is conclusive upon the subject : "This meeting agrees that Merion frds shall have the money lent to Rees Howell and Joseph Evans, towards finish- ing their meeting house." Another minute shows that "the five pounds old currency, lent to Rees Howell was paid towards finishing Merion Meeting house."
Haverford Monthly Meeting this year authorized a first-day meeting "in Upper Merion at the house of Rowland Ellis, and at David Meredith's house on the fourth day of the week."
In 1714 "friends inhabiting about Perquaming and this side of Schulkill in ye valley being desirous yt a meeting might be allowed ym every other mº, to be & begin att Lewis Walker's house the first in 2nd mº next and thence every other month, att Joseph Richardsons house until ye gth mo. next."
Gwynedd was established as a monthly meeting in 1714. It included Plymouth, and probably other meetings.
The annual and semi-annual fairs held at different villages had become places of so much disorder and vice, that Friends found it necessary to appoint persons to have an oversight of the youth who assembled there.
Queen Anne died August Ist, 1714, and was succeeded by George the First, but as no official announcement of the decease of Her Majesty had been
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made, the legislature that met in October adjourned over till February. David Lloyd was again returned to the legislature and elected speaker.
The circular line between the counties of Chester and New Castle, that had been run in 1701, was not confirmed by the Legislature till 1715.
By the death of the Queen, all commissions granted during her reign ex- pired. The following persons were appointed justices for the county of Ches- ter at the commencement of the reign of George the First, viz. : Caleb Pusey, Nicholas Pyle, Richard Webb, Henry Pearce, Henry Neal, Nicholas Fairlamb, John Blunston, Jr., and Richard Hayes.
Another affirmation act was passed this year, and received the approba- tion of Governor Gookin. "By an act of Parliament of I Geo. I. the Stat. of 7 & 8 Wil. III." was made perpetual in Great Britain, and was extended to the Colonies for five years. By a provision of this latter act, no Quaker by virtue thereof, could be qualified or permitted to give evidence in criminal cases, or serve on juries, or hold any office of profit in the Government. The Governor contended that this act repealed the provincial law, and had the same disquali- fying effects upon Quakers here as it had in England. Most of the important offices in the Province were filled by Quakers ; and the Justices of the Supreme Court hesitated to perform their duties in the face of the opinion of the Gov- ernor. Under these difficulties, criminal justice was not, for a time, adminis- tered throughout the Province.
One of the most important cases left untried, was that of Hugh Pugh and others for the murder of Jonathan Hayes, in Chester county. The criminals were eventually admitted to bail. The evidence is almost conclusive that the murdered man was the same Jonathan Hayes who resided in Marple, and who served for a long time as a justice of the court, and sometimes as a member of the legislature. The murder excited great interest in the county. Three men were fined for refusing to aid the constable "in apprehending Hugh Pugh," who was charged as a principal in the murder ; and so much interest at- tached to the case, that three persons were appointed by the court to find a place more convenient than the court-house for the trial of the murderers.
The subject of negro slavery had for some time engaged the attention of sundry members of the Society of Friends, and as early as 1688 a little com- munity of German Quakers, at Germantown, arrived at the conclusion that holding slaves was inconsistent with Christianity. These people presented the subject to the monthly meeting to which they belonged, in a letter alike re- markable for the simplicity of its language and the strength of the arguments adduced against holding human beings in bondage.
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