USA > Pennsylvania > Delaware County > Chester > An address, delivered at Chester, before the Historical Society of Pennsylvania, on the 8th of November, 1851 > Part 2
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The Directors in Holland compliment Stuyvesant for his conduct, but regret that the articles of capitulation should have been reduced to writing ; they think he should have fol- lowed the example of the Swedes when they seized Fort Casi- mir; their reasons are in these words and are very significant. " That all which is written and copied is too long preserved, and may sometimes, when it is neither desired nor expected, he brought forward; whereas words not recorded, are by length of time forgotten, or may be explained, construed, or excused as circumstances may require."
The enjoyment of their conquest was brief. The Dutch were compelled to surrender to the English, and although the former became repossessed, the colonies reverted to the latter, under the treaty of Westminster. It was a very gentle affair with both parties, for notwithstanding Stuyvesant thought of resistance, yet fearing, as he remarks, the spilling of innocent blood, quietly surrenders to Nicholls, who declares himself equally actuated by the same humane motive.
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. The early history of Upland or Chester, deserves some attention at our hands on this interesting occasion. Upland, as we are aware, took its name from a Province on the Gulf of Bothnia, the birth place probably of some of the colonists. The Indians, says Campanius, called it Mecoponacka, and shortly after its settlement, the same author asserts, it pos- sessed a Fort. More probably, as a late writer* suggests, and as no reference is made to it by any other chronicler, a strong house, or block house-a description of defence never neglected at that period in the settlements upon our river. It is likely Campanius has confounded it with Fort Oplandt, erected by De Vries, in 1631, at the site of the present town of Lewes.
We find Upland mentioned as early as 1648, and allusion is made to its having previously been possessed by the Swedes. Whether under title from the Indians, by special grant for this particular district, or by grant from Christina, does not appear. If by purchase from the Indians, it was doubtless subsequently confirmed, or re-granted by the Swedish Queen ; although very little is known of the extent to which patents were conferred by the Swedish Government. Chestert and
* " Ferris' History of the original settlements on the Delaware."
+ The territory extending from Chester to the Neshaminy, was settled at a very early day. How early in every instance, it would, perhaps, now be impossible to say, much earlier doubtless than the dates of the respective grants. The patents were generally designated by the Indian name, most predominant within their limits.
The site of Philadelphia was granted to the Swansons as early as 1664, by patent from Stuyvesant, though it is not improbable that they were in ownership prior to that date. In March, 1675, Walter Wharton' surveyed to Jurian Hartsfelder,? the tract of 350 acres, called " Hartsfield," (the present Northern Liberties,) which was embraced between a small run called Cooahqusnauque on the south, and Cohocksink creek on the north.
1 The information in this note was principally derived from a book of surveys, by Walter Wharton, in the Surveyor General's Office, at Harrisburgh. Wharton was appointed by Lovelace, in 1671, "Surveyor General on the West side of Delaware," and dying in 1679 was succeeded by Richard Noble, as "Surveyor of Upland."
The minutes of the Commissioners of property, at Harrisburgh, state under date of 10th, 11th month, 1600-1. that the widow of Jurian Hartsfield, had married Humphrey Edwards. We regret so little is known of the former owner of this large tract.
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its neighborhood would seem to have been granted to six in- habitants, for in 1678, a conveyance was made by Hans Juriansen Kien, of Taokonink, (Tacony) to his brother Jonas . Juriansen Kien, of two hundred acres in "Upland town, or
In 1664, Peter Cox acquired the title to six hundred acres on the river, above Cohocksink creek ; and in 1675, a grant of sixteen hundred acres, called " Sharamazunk," (in which this six hundred was included) was made to Gunner Rambo, Erick and Otto Ernest Cox, Michael and Peter Neilson, six Swedes. It stretched a distance of three miles up the Delaware, from the mouth of Cohocksink creek, to a point rather above the shoal of Petty's Island, and averaged a mile in width.
In the same year (1675) Peter Cox acquired six hundred and fifty acres between the northern boundary of the Shakamaxon patent, and the south side of Frankford Creek. This was called Quessina-womink, which was also the Indian name of Frankford Creek.
In the same year, Erick Mullock, Ole Neilson, and Christian Thomason, all Swedes, purchased nine hundred and fifty acres immediately north of the last named grant, lying on the river between Frankford and Sissowokissink creeks, which we take to be the present Wissinoming. This was called the " Tawocawomink" (Tacony) patent.
Also in the same year, Peter Peterson and Jasper Fish, purchased five hundred acres on the river, and on the south side of Pemmeepakha creek, which was called the Pemmeepacka patent, and which with three hundred acres previously bought by Michael Fredericks, immediately adjoining the last grant on the south, probably embraced all the land, between the Pene- pack and Tacony patents, a portion of these tracts had eight years before been granted to Andrew Carr.
In 1678, there was surveyed to Peter Rambo, Jr., a tract called "Rams- dorp," extending from the Pennepack north-eastwardly, fifty perches along the Delaware, and which contained three hundred acres. In the preceding year, (1677) warrants were issued to Ephraim Herman, Pelle Rambo and Captain Hans Moens for three hundred each, (making nine hundred acres) and in 1678 to Ephraim Herman, (who in the following year relinquished his right to Laers Laersen) for the remainder of the land, between the Pennepack and Poquessink. We have now reached, as it is differently named in ancient records, the Poatquessink, Poaquessink, and Paequessink.
James Sanderlands, and Lawrence Cox, under a survey of 1678, (and who in the year succeeding transfer their interest to Walter, John and Francis Forrest) acquire title to the " Poquessink" patent of 417 acres, which in one direction extended from Poquessink north-eastwardly, one mile along the Delaware.
Immediately adjoining on the north of this last mentioned patent, stretch- ing along the river, nearly half a mile, was surveyed to Henry Hastings, the
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neighborhood," to whom with five others, twelve hundred acres had been granted by the English government at New York.
The names of the other grantees we have not ascertained. Neeles Mattsen and James Sandilands were doubtless two of them. It was the policy of the English government, to grant lands in a body to at least six persons, as it had been that of the Dutch, to a community of at least sixteen.
There can be no question that this was but a patent of confirmation, not an original grant, and that the same land had been granted, or very likely confirmed, to the Swedish settlers by Dutch patents, from Stuyvesant or his predecessors. The history of the title to Finland, afterwards called Mar- ritties Hook, and subsequently Marcus Hook, may throw some light on the inquiry. This last name was, by the re- quest of its inhabitants, and under a grant from Markham, in April, 1682, changed to Chichester,* which it still bears.
In 1653, Queen Christina granted the region of Marcus Hook, as far as Upland Kill, to Captain Besk, for his faithful services on behalf of the colony. And in 1676, Andross confirmed the lands of Marrities' Hook, amounting to one thousand acres, to the six possessors thereof, Charles Jansen, Oele Raessen, Hans Oolsen, Oole Neelsen, Hans Hoffman, and Jan Hendricksen. This whole vicinity appears at that time to have been in the possession of but a few persons, and , their tenants or dependents.
Upland was not, however, wholly occupied by the Swedes,
" Hasting's Hope" containing two hundred acres.1 Dunk Williams, Jean Claassen, Paerdi Cooper, Pelle Dalbo, Lace Cox, Thomas Jacobs, Wm. Jeacox, purchase, in the years 1677 and 1678, on the Neshaminy and in its vicinity. So that the whole of this region was in the hands of settlers, mostly Swedes, some time before Penn's arrival.
* Records at West Chester.
1 Pennepack and Poquessink are mentioned by Campanius, as Indian villages, in each of which presided a Chief or Sachem. Their location has long ago been lost, even to tradition, but was probably near the river and on the streams which still bear these names. The discovery of Indian utensils and implements collected beneath the soil, may some day indicate their site.
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for we discover that Robert Wade, who, in 1675, came with Fenwick's colony to Salem, proceeded to this place, where, in the same year, he built a house, which he called the "Essex House," and which stood until about the period of the Revo- lution. Its site must ever remain an interesting spot to Pennsylvanians, as the place where our Founder was first met and entertained within our borders.
Wade and Sandilands were the largest owners of land in this vicinity. The former held three hundred and sixty acres upon the southern side of Chester creek, and Sandilands was a large proprietor on its northern side.
Wade was a justice of the peace, under the government of the Duke of York, and that of Penn; the highest judicial office known at that period, or until some time after the es- tablishment of the government under the Proprietary, and to which belonged not only a supervisory power over the morals and affairs of the country, but which combined, in miniature, as well the powers of judge as chancellor. He also was a minister in his Society, much valued by Penn, and perhaps the most prominent man in the province at that time. He died much lamented, in 1698 .*
Ebeling asserts that Upland was established as the chief place of a judicial district, in 1673 .; We discover, however, that a Court was held here the previous year, and very pro- bably was erected soon after the acquisition of the territory by the English, in 1664. It sat at the houses of different inhabitants, and the magistrates seem to have suffered incon- venience from the want of a Court House. In 1677, Captain Hans Jurgin is ordered by the justices to fit up and finish the House of Defence at Upland, fit for the Court to sit in, against next Court.#
It would be a matter of interest to know where this build- ing stood, and it is, perhaps, the same which is referred to in the following order : "Neils Laersen is directed to make or
* Wade appears to have died without issue. He devised his estate to his nephew and niece. See his will in Register's Office, at Philadelphia.
t 1 Hazard's Register, 341. # Upland Records.
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leave a lane or street from Upland creek to the House of De- fence or Country House, before next Court, or be fined."*
The want of a Court House was not the only trouble the honest magistrates encountered. The records furnish frequent evidence of their difficulty in securing revenue sufficient to keep the wheels of justice in motion ; and in 1680 the follow- ing summary order was made: "That for defraying the charges of this Court's sitting, each person shall pay yearly one scipple of wheat, or five gilders, according to former prac- tice ; and such as prove neglective to be fetched by the con- stable by way of restraynt."
We presume they meant the wheat was to be brought, and not the person, and that the officer of the law was properly enlightened as to the meaning of his superiors.
It is to be regretted so little is known as to the manner in which justice was administered on the bay and river prior to the conquest by the English. As to the Swedes, we appre- hend that nearly all their judicial records perished, with other royal archives, in 1697, at the destruction of the palace at Stockholm. And we fear, as to the records of the Dutch, it is in vain to indulge the hope that the industry and good for- tune of Mr. Brodhead have not secured all that will ever be obtained from Holland. It is quite likely, were it otherwise, that much might be ascertained as to the origin of existing features peculiar to the jurisprudence of this State. Certain it is, that several peculiarities might be named, which were borrowed by the English from the Dutch, and probably by the latter from the Swedes.
In the instructions to Governor Printz, dated in 1642,¿ he is directed to decide all controversies "by the laws, customs, and usages of Sweden, and in other things to adopt and fol- low the laudable manners, customs, and usages of Sweden." From this it may be inferred that all judicial power was in- vested in the Governor, and that justice in these parts, which in its administration was more minute and domestic than would
* Upland Records.
t Ibid.
# Hazard's Annals, 67.
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be permitted at this day, was, so far as required by the simple condition of the people, dispensed at the palace of Governor Printz, upon the island of Tinicum.
After the conquest by the Dutch, the judicial power upon the river, though somewhat less absolutely, appears to have been exercised also by the Governor ; for, in the instructions to Jacquet, he is empowered "to do justice, and administer it, either in civil or military cases."* He was assisted by a Council, consisting of four persons, to which " he proposed all matters relative to police, justice, commerce," &c.
New Amstelt was, at one time, placed under a local and independent jurisdiction ; but, from subsequent instructions to Governor Beekman, in 1658, the administration of the law continued to be invested in the Governor.# The Swedes, at least those who swore allegiance to the Dutch, were still in a measure governed by their own officers.
The English, on the acquisition of the territory, continued the magistrates in power for a limited time, and afterwards reappointed many of them in that capacity. The bay and river were at this, or within a short period, divided into three jurisdic- tions : that of the present Lewes, Newcastle, and Chester ; and the body of laws called the Duke's Laws, which was published in 1664, at a general meeting at Hempsted, Long Island, under a commission from the Duke of York, was extended over the colony on our bay and river. The Court consisted of the . justices of the peace of each jurisdiction, three of whom be- came a quorum, had power to act as a Court of Sessions, and to decide matters in law and equity.§ All suits under a cer- tain sum, were determined without appeal, (which, when taken, was to the Court of Assizes, at New York,) and all under an- other sum without a jury, unless desired by the parties.
Chester, from the descriptions which the Proprietary re- ceived of it in England, at one time arrested his attention as a proper place for his projected city ; for he directed his com-
* Hazard's Annals, 205.
į Hazard's Annals, 221.
+ Newcastle.
¿ Ibid. 427.
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missioners to sound the river, especially at "Upland," and to examine Chester creek, to ascertain if it was navigable, "at least for boats up into the country."*
There are some interesting traditions as to the selection of a site for Philadelphia, which it may be well enough to notice in passing. According to Mr. Watson, (in his valuable Annals, and to whom all owe thanks for the preservation of that which but for his industry would have perished,) Pennsbury, Bristol, (then Buckingham,) the bank of the Delaware near the lower side of Poquessink creek, f were all examined as locations for the new city. As to Pennsburyt and Bristol, there is pretty strong evidence in support of the tradition. But it may by some be pronounced very improbable that the commissioners should venture to examine places so remote as those of Penns- bury and Bristol.
A curious letter, however, from Laurie, Penn and others, Proprietors of West New Jersey, is given at length in Smith, § which would seem to show that more regard was had to in- ternal trade, than to the advantages to commerce from near- ness to the ocean, and which renders it not at all improbable, that under the notions then prevailing, the distance of Penns- bury was not an objection, as compared with positions nearer the sea.
In 1676, they instructed James Wasse, Richard Harts- horne, and Richard Guy, || to choose a tract for a town upon some creek or bay on the eastern shore of the Delaware, "and up the river," we quote the words, "as far as a vessel of a hundred tons can go-for we intend to have a way cut across the country to Sandy Hook ; so the further up the way, the shorter."
Very great importance would therefore appear to have been attached to the advantages of river communication with the interior of the country ; and was not the evidence beyond dispute, it would now scarcely be credited, that Penn believed
* 2 Memoirs of Historical Society of Pennsylvania, p. 216.
+ 2 Proud. 259, note.
# 1 Watson, p. 56.
¿ History of New Jersey, p. 80. || Smith, 84.
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the Schuylkill front of Philadelphia, was to become the more valuable, because both sides of the river were under his juris- diction .*
We have already mentioned some of the preliminary steps, taken to establish his new government. His charter having been granted, his liberal concessions and noble array of poli- tical privileges set forth, he prepared, with many of his chosen friends of like religious persuasion, to enter upon his great experiment.
They set sail with elevated hopes, but sickness and sorrow soon saddened their hearts: thirty of the one hundred who embarked perished from a contagious malady during their tedious voyage. t
* The Proprietary, " expecting that must be the principal river, as having both sides of it in the same province, which I have several times heard him declare, were his first thoughts."-Statement made by James Logan, in his will, Book I., p. 516, Philadelphia.
+ It is to be regretted that there is no record of the names of those who ac- companied Penn. We are not aware even of an attempt to collect the scattered information on the subject ; but from sources hitherto unexplored we have been able to present an incomplete list of those whose names should not be per- mitted to die. Individuals doubtless have been omitted, with respect to whom the proof would have been sufficient had it been accessible. The task was the more difficult from the fact that tradition, generally unreliable, was particularly so in the present inquiry, inasmuch as it has handed down the names of some who came with our Founder, without designating whether upon his first visit, or his second in 1699. Another embarrassment also arose from the circumstance of twenty-three vessels having arrived in 1682.
The principal sources of proof in preparing the subjoined list of eighty- eight persons who embarked, were found in the wills of Barber, Heriott, In- gram, and Wade, in the Register's Office at Philadelphia, and which were made on board the " Welcome," and all of whom probably died on board ; in a " Registry of Arrivals," in the Recorder's Office at Doylestown ; and in "Comly's History of Byberry," 2d vol. of Memoirs of the Historical So- ciety of Pennsylvania.
JOHN BARBER and Elizabeth his wife, eldest daughter of John Songhurst, of Shipley, county of Sussex, England, (See his will made on board " Wel- come,"' September 20, 1682, Will Book, A. p. 10,) was " a first purchaser." WILLIAM BRADFORD, (See Dixon's Life of Penn, p. 208,) of Leicester, Eng-
" Robert Greenaway, the master of the "Welcome," died 14th April, 1686, (Adm. Book, A, p. 27, Philadelphia.)
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What language therefore can adequately describe the grati- tude of the Founder and his companions, as the Welcome drew near and made fast in sight of the spot on which we .
land, the earliest printer of the province. Engaging zealously in the Keithean controversy, " he took the side of the minority, and becoming unpopular on that account, in 1603 removed to New York, where, on 16th October, 1725, he established the "New York Gazette," the first newspaper published in that city, and after an active and useful life, died in 1752, aged 94. (2 Thomas' Hist. Printing, pp. 7, 286, and Mr. Wharton's Notes on the Pro- vincial Literature of Pennsylvania. Mem. of Hist. Society.)
WILLIAM BUCKMAN, Mary his wife, and children, Sarah and Mary, of the parish of Billinghurst, Sussex, (Registry of Arrivals).
JOHN CARVER, and Mary his wife, of Hertfordshire, (see Comly's History of Byberry, in 2d vol. of Memoirs of Historical Society, p. 181,) suffered in 1681 in the persecution of the Quakers in England; (1 Besse, p. 196,) a first purchaser ; died in 1714.
BENJAMIN CHAMBERS, (mentioned in its probate as having with John Song- hurst written the will of William Wade ;) of Rochester, Kent, (See " Friends' certificates from England, recorded at Philadelphia, ') was sheriff in 1683, of the city and county of Philadelphia, and his name frequently appears as & participant in public affairs. (1 Col. Records, pp. 30, 57, 301, &c.)
THOMAS CHROASDALE, and " Agnes his wife, and six children," of York- shire. (Certificate, dated 4 month, June, 1682, of Settle Monthly Meeting, Yorkshire, Comly's Byberry, 2 Memoirs Historical Society, p. 182, in note.) On the authority of Mr. Robert Waln, Mr. Comly states that those whose names were embraced in that certificate, came in the " Welcome."
ELLEN COWGILL, "and family." (Certificate from Settle Monthly Meeting.) JOHN FISHER, Margaret his wife, and son John. (On authority of papers in possession of Mr. Thomas Gilphin, of Philadelphia.)
THOMAS FITZWATER, and sons Thomas and George, of Hamworth, Middle- sex. His wife Mary, and children Josiah and Mary, died on the passage. (See Registry of Arrivals.) Settled in county of Bucks, and was a member of Assembly from that county in 1683 ; active in public life, a valuable citi- zen and eminent minister in his society. Died 6th October, 1699. (1 Proud, p. 422 )
THOMAS GILLETT. (Witness to will of John Barber.)
CUTHBERT HAYHURST, " his wife and family." (Certificate from Settle Meeting.) Suffered in 1661 and 1668 on account of his religious principles. (1 Besse, 571; 2 do. 102.) A first purchaser. Born at Easington, in Bol- land, Yorkshire ; died in Bucks, 5th March, 1682-3, aged 50. (Collection of Memorials, p. 1.)
THOMAS HERIOTT of Hurst-Pier-Point, Sussex. (See Nuncupative will declared on board " Welcome," 19th September, 1682, Book A, p. 4.) Suf-
" We are indebted for a copy of these, to Mr. James S. Lippincott.
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are now assembled. They land before the house of good Robert Wade, their fellow sufferer in the cause of truth, Penn's friend in England, and who, as we have seen, by
fered in England on account of his religious principles. (1 Besse, 721.) A first purchaser.
JOHN HEY. (Registry of Arrivals.) 1
RICHARD INGELO. (Witness to the will of Isaac Ingram.) Was clerk of Prov. Council in 1685. (1 Col. Rec. 81.)
ISAAC INGRAM of Gatton, Surry. (See will made 26th September, 1682, on board " Welcome," Book A, p. 11.) Suffered on account of his religious principles. (1 Besse, 699.)
GILES KNIGHT, Mary his wife and son, Joseph, of Gloucestershire. Set- tled in Bucks, and died November, 1726, in his 74th year. (Comly's By- berry, 179.)
WILLIAM LUSHINGTON. (Witness to the will of William Wade.)
HANNAH MOGDRIDGE. (Registry of Arrivals.)
JOSHUA MORRIS. (Witness to will of Thomas Heriott.)
DAVID OGDEN. (Witness to will of Thomas Heriott.) Probably from London. (See Records of Friends' certificates.)
EVAN OLIVER, with Jean his wife, and children David, Elizabeth, John, Hannah, Mary, Evan, and Seaborn, of Radnorshire, Wales. The last, "a daughter born at sea, October 24th, 1682, almost within sight of the capes of Delaware." (MS. Record in possession of Mr. Merrit Canby.)
- PEARSON. Stated by Clarkson, vol. 1, p. 259, to have acccompanied - Penn, and that name of Upland was changed at his request to that of Ches- ter, from which city he came. We have not ascertained his first name, though we find a Thomas Pearson returned as a member of Assembly from county of Newcastle, 16th October, 1700. (1 Col. Rec. 590.) But as this Thomas was probably the same who had an interest in West Jersey, and who was from Bonwicke, Yorkshire, (1 Proud, 143, in note,) it was more likely "Ro- bert," of Cheshire, a Friend, and mentioned in 1 Besse, 105. An Edward Peirson resided at Darby, and previously to 1698 removed to Bucks.
JOHN ROWLAND and Priscilla his wife, of Billinghurst, Sussex. (Registry . of Arrivals.) A first purchaser.
THOMAS ROWLAND, also of Billinghurst, Sussex. (Registry of Arrivals.) A first purchaser ; died November, 1708.
JOHN SHARPLES, of Ratherton county, Chester, Jane his wife, and ' children, Phebe, John, James, Caleb, Jane and Joseph, Thomas died at sea. Papers in possession of Mr. Benjamin Ferris, of Wilmington. A first pur- chaser, settled near Chester.
JOHN SONGHURST, (See probate to will of William Wade,) from Chilling- ton, Sussex, (see list of first purchasers, ) and Whiting says of Coneyhurst, Sussex, but more likely of Hitchingfield, Sussex, and who suffered for his religious views. (1 Besse, 715, 719.) A warm friend of the Proprietary :
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