History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 4

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162

USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 4

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1 1

Mr. Jones ye halter.

Joseph Peters.

oele Dircks. 1

will Bromfield

Juns Justafs

Lace Colman

On the 3d of April a meeting of the justices was held "at the house of Justice Peter Cock, in ye Schuylkill." The business of this meeting was about the same that is usually performed by county auditors. Sheriff Cantwell appears to have been charged with both the collection and disbursement of the taxes. His allowance " for collecting & receiving ye publicq levy, etc.," was eight hundred and

hans Jurian

moens Staeckett 1

hendrik Tade.

andries hertelson.

hendrick Jacobs 1

Pelle Erickson

RESIDENCE OF FRANCIS WORTH, EAST BRADFORD.

RESIDENCE OF SAMUEL WORTH, EAST BRADFORD.

"WAYNESBOROUGH." BIRTHPLACE AND RESIDENCE OF GEN. ANTHONY WAYNE, EASTTOWN

GENERAL HISTORY.

eighty-four gilders, being very nearly one-fourth of the whole amount collected !

Part of the record of the June court has been lost, but the minutes of the following court show that it was held on the 18th and 19th days of that month. This court re- solved to impose " a levy or small tackx of fyve Gilders pr head on every Tydable p'son," the payment to be made at Tinicum, thus saving the great expense of collecting, that consumed so much of the former levy. The court not having imposed a penalty for non-payment of this "small tax," the justices, upon assembling at their November court, found that their former order had " Layne dorment," and finding themselves "necessiated," issued a new and very rigid order, " that every Tydable within the Jurisdiction of this Court, who have payed their levy Laest yeare, doe wthin the space of 14 days now next Ensuing come and pay Each of them 5 Gilders as formerly, and that they bring ye same unto Tinnecong Ysland in ye hands of Mr Otto Ernest Cock ; this order to he published and fixed up att the churches of Wicaco and Tinnecong to ye end no p"son may plead Ignorance."

A jury was impaneled in a case tried at this court, being the first which appears on the records of Upland court, and was doubtless the first jury that was impaneled within the limits of Pennsylvania. Though not necessary under the " Duke's Laws" to have more than six jurors there were twelve impaneled on the jury in question, whose names here follow, viz. : "hans moens, dunk wil- liams, Xtopher Barnes, Edm: draufton, Peter Yocum, Isacq Sanoy, Jan hendricks, Jonas Kien, moens Cock, John Browne, Jan Boelsen, henry hastings." It required only a majority of the jurors to bring in a verdict ; but there is nothing to show that they were not unanimous in the present case. The court, however, determined to be judges both of the law and the facts, " suspended" the verdict, and at the next court tried the case themselves, and reversed the decision of the jury.

March 12, 1678-79, Rodger Peddrik and William Hews, "Joynt partners wth ye Rest of ye Inhabitants of marretties hoek," petitioned for a division of the land be- tween all the owners. " The Cort answer that the PeticonTs or those who are not sattisfyed wth ye devision woh of old hath ben and still is; may att their proper Costs have ye same new surveiged & sheared." The next day Rodger Ped- drik acknowledged a deed to William Huges for one-half of his land at marretties hoek, and William Clayton received a deed from Hans Oelsen for his share at the same place.

THE FIRST COURT-HOUSE.

The " House of Defence" appears to have been built on the private property of Neels Laersen. At this court he was ordered "to make or leaue a lane or street from Up- land creeke to ye : house of defense or Country house, or in default to be fined at the discretion of the court." The ap- pellation " Country House," sufficiently indicates the uses to which the " House of Defence" was now appropriated. We have seen that its completion was urged in order that the courts might be held there, and it is probable that it was used as a place for the transaction of public business gen- erally. For whatever other purpose the "House of De- 3

fence" may have been used, it was certainly the first court- house within our limits.

The attention of the New Castle court was frequently occupied with church disputes and differences. The fol- lowing is the most remarkable instance of the interference of the Upland court in ecclesiastical affairs :

" Nov. 25, 1679, it being Represented to ye Court by the Church Wardens of Tinnagcong and Wicaco Churches that the fences about ye Church yards, and other Church buildings are mutch ont of repair, and that some of the People, members of yesd Churches are neglective to make the same Up etc : The Cort haueing taken ye premises into Consideracon, doe find itt necessary to order, authorize & Impower, . and doe by these prsents order, authorize & Impower the Respective members of ye sd Churches, from tyme to tyme, and att all tymcs when itt shall bee found necessary, to build, make good and keepe in Repair the sd Church yard fences, as also the Church and other the appurtenances thereof, and if any of the sd members upon warning doe proove neglective In the doeing of their proportion to the same, They and each of them to forfeit fifty gilders for each such neglect, to hee Levyed out of their goods and Chattels Lands and Tenements."

A new commission for justices was issued May 28, 1680, hy Governor Andros, in which the number was reduced from six to five, two of whom were English.

As nearly as can be ascertained the places of residence of the justices were as follows : Israel Helm, at Upland ; Otto Ernest Cock, at Tinicum; Heury Jones, at or near Wicaco; Lawrence Cock, at Moyamensing; and George Brown, nearly opposite to Trenton. As the Duke of York, about this time, upon the judgment of Sir William Jones, yielded his rights to the government of West Jersey, the jurisdiction of the new justices did not extend to the east side of the river. They held their first court at Upland on the 8th of June, and among other things ordered a poll tax of one scipple of wheat, or 5 gilders to be levied, " for de- fraying ye charges of this court's sitting," to be brought unto Justice Otto Ernest, att Tinnagcong Island.

The justices also assumed the authority of removing the seat of justice from Upland. They say that

"In regard that Upland Creeke where ye Court heitherto has sate, is att ye Lower End of ye County; The Court therefore, for ye most Ease of ye People, have thought fitt for ye future to sitt and meet at ye town of Kingsesse in ye Schuylkills."

The first court was held at the new seat of justice on the 13th of October. If the increased amount of law business, and the character of a considerable portion of it resulted from the removal of the court, the justices gained but little by the change. Among the cases tried were three for " Slaunder and defamation."

During the year 1680, William Penn had been perse- veringly but successfully negotiating with King Charles II. and his ministers for a grant of the territory that now constitutes our great commonwealth. The only European settlements comprised within its limits were included in Upland County, and were subject to the jurisdiction of Upland court. Though Lord Baltimore, the proprietor of Maryland, was aware of every step taken by Penn to secure his grant, and, through his agents, interposed objections, it is not probable that the people included within the limits of the embryo province had the faintest idea that they were about to be transferred from the iron rule of the unscru- pulous Duke of York to the mild and peaceful government of the Quaker proprietor. The patent to Penn was exe-

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

cuted on the 4th of March, 1681, while the last Upland court, under the Duke of York, adjourned on the 14th of June, " till ye 2ª Teusday of ye month of September,"-the very last act of the judges being the appointment of a sur- veyor and overseer of the highways from Poetquessing Creek to the falls of the Delaware (Trenton), the furthest point to which settlements had then been extended.

Information of the grant to William Penn must have been communicated officially to the government at New York shortly after the adjournment of the last session of the Upland court. Governor Andros being absent, the king's letter on the subject, addressed to the inhabitants within the limits of the grant, was laid before Anthony Brock holl, the commander, and his Council, no doubt, by William Markham, who at the same time submitted his commission from William Penn to be his Deputy Governor of the prov- ince. On the 21st of June the commander and Council ad- dressed a letter " To ye soverall Justices of ye Pcace, magis- traets and other officers inhabitting wthin ye bounds and limits of the grant to Penn, notifying them of the change in their government, which letter was sent by Col. Mark- ham, who, no doubt, within a few days after the date of the letter, reached his government, and entered upon the duties of his office. This letter is the last entry made in the book containing the record of the Upland court.

Col. Markham's commission, as published in Hazard's " Annals," bears date the 10th of April, 1681, and it ap- pears to have been laid before the government at New York prior to the 21st of June following. He doubtless pro- ceeded directly to his government, and entered upon the re- sponsible duties with which he had been intrusted. He could have made but little delay, for we find that on the 13th of September-the very day to which the old Upland court had adjourned-a newly-organized court for Upland County was sitting and transacting business, composed of justices, sheriff, and clerk, holding their appointments under him, and on the 30th of November the Deputy Governor himself presiding over the same court.

Governor Markham was the bearer of a letter, dated two days earlier than his commission, from William Penn, " for the inhabitants of Pennsylvania," which he was directed to read. In this letter the proprietor promises his people that they shall be governed by laws of their own making; that he will not usurp the rights of any, nor oppress his person ; and, in short, that he would heartily comply with whatever sober and free men could reasonably desire for the security and improvement of their own happiness. This letter is in the well-known hand of William Penn.

The commission to Col. Markham empowers him " to call a Council, and that to consist of nine, he presiding." In pursuance of this authority, he selected for that important trust Robert Wade, Morgan Drewet, Wm. Woodnianson, William Warner, Thomas ffairman, James Sandelandes, Will. Clayton, Otto Ernest Koch, and Lacy Cock. Un- fortunately, no part of the record of the doings of this Council has come down to us, except their attestation,* as follows :

"Whereas wee whose hands and Seals are hereuunto sett are Chosen by Wm. Markham (agent to Wm. Penn, Esqr., Proprietor of ye Province of Pensilvania to be of the Councill for ye gd province doe hereby bind ourselves by our band and Seales, that wee neither act nor advise, nor Consent, unto any thing that shall not be according to our own Consciences the best for ye true and well Government of the sd Province, and Likewise to Keep secret all ye votes and acts of us The sd Councell unless such as by the General Consent of us are to be Published. Dated at Upland ye third day of August, 1681,"

the day on which a government was first established for the province of Pennsylvania. Upland was undoubtedly the seat of that government.

While the public mind in England, particularly the Quaker element of it, was thus directed to the new province, Governor Markham was administering affairs here very much after the fashion that had heretofore prevailed. He appears to have been indisposed to make any unnecessary innovations on the established order of things. It has already been mentioned that the first court under the new government was held on the day to which the last session of the former court had adjourned. The first session of the new court was not, however, at " the towne of Kingsesse," but at Upland, where, no doubt, Governor Markham had fixed his residence. The record commences thus :

" Province of Pennsilvania : At the Cort at Vpland, September 13th, 1681-

mr William Clayton,

mª Robert Lucas,

mr William Warner, mr Lassey Cock,

mr Robert Wade, mr Swan Swanson,

mr Otto Ernst Cock, mª Andreas Bankson, Justices present.

mr William Byles,

m" John Test, Sberiffe. mr Tho : Revell, Clerke."

Of the justices, five arc Englishmen and four Swedes, two of whom had been members of the former court. The duke's laws were now inoperative. In pursuance of the Deputy Governor's instructions, all was to be done "accord- ing to the good laws of England." But the new court, during the first year of its existence, failed to comply with these laws in a very essential particular,-persons were put upon trial without the intervention of a grand jury. No provision was made under the duke's laws for this safeguard of the citizen, and the new justices acted for a time in ac- cordance with former usage. A petit jury, so rare under the former court, now participates in every trial where facts are in dispute. In criminal cases the old practice is adhered to of making the prosecutor plaintiff.

The first case tried was that of

" Peter Erick son Plaint. Plaint. Harmon Johnson & Margarett his wife } Defendts.

" An Accon of Assault & Batt.

"Jurors, Morgan Drewitt, Willm Woodmanson, William Hewes, James Browne, Henry Reynolds, Robert Scholey, Richard Pitman, Lassey Dalboe, John Akraman, Peter Rambo, jun., Henry Hastings, William Oxley.

" Witnesse, Willm Parker.

" The jury finde for ye Plaint & give him 6ª dam. & his Cost of suit."

In the next case the same parties are reversed and the same jurors retained. The witnesses were Anna Coleman, Richard Buffington, and Ebenezer Taylor. " The jury finde for ye Plus, and give them 40" dam. and their Costs of suite."

At this first session of the court nine cases were tried

# A fac-simile of this attestation is given in the recent publication by the State of the "Duke of York's Laws," etc.

----

GENERAL HISTORY.

and sixteen withdrawn ; among the latter were two " for dis- obeying the Justice's order." In the last case tried, which was for debt, the verdict was sixty-two gilders,-an evidence of the lasting influence of the ascendency of the Dutchi on the river.

The jurors in attendance appear to have been twenty-six in number, the others beside those given being Richard Noble, Daniel Brenson, Richard Ridgeway, John Wood, Francis Stephenson, Roger Pedrick, Lassey Lawson, John Champion, Samuel Dart, William Clayton, Jr., Thomas Nossiter, Albert Hendrickson, Walter Pumphrey, and Mons Eustason.

" Anne Peirce haveing formerly sworne je Peace agst Anne the wife of William Stanford, the said Anne Stanford was by warrant from Wmn. Byles & Robert Lucas, Justices, brought before them, & bound over to this Cort. And was by the Cort then discharged "

" Lassey Cock, upon Proclamation in this Cort, That if any had anything against him, They should declare it: Whereupon, Daniell Brencon & Charles Brigham upon oath, together with Walter Pum- phrey upon his solemne Attestation, declared what they heard cor- taine Indians speake against him & Capt. Edmond Cantwell. The said Lassey Cock upon oath declared his Innocency, And that hee had never spoken those words to the Indians, or any of that nature : was thereupon Cleared by the Cort."

Some of the other names mentioned were William Cobb, John Hazell, Joseph Stubbs, John Grubb, John Boles, John Cornelius, Mrs. Saunderland, Mary Nealson, Carey Nealson, Neales Lawson, and Annakey, his wife.

Letters of administration were granted by the court to Caspar Fiske on the estate of Eusta Daniell,-security in one hundred pounds, given to Robert Wade and William Clayton.

At the next court, which was held on the 30th of Novem- ber, Deputy Governor Markham presided, and James Sande- landes and Thomas Fairman, with all those who held the last court, sat as justices, except William Warner, who was absent. But four cases were tried at this court; one with- drawn, and one continued.

Three ships sailed from England for Pennsylvania this year : two from London and one from Bristol. No particu- lars of the arrival of the " John and Sarah," which is said to have arrived first, are given ; but we are informed by Proud that the " Bristol Factor," Roger Drew commander, "arrived at the place where Chester now stands, on the 11th of December, where the passengers, seeing some houses, went on shore at Robert Wade's landing, near the lower side of Chester Creek ; and the river having froze up that night, the passengers remained there all winter." The other ship, the " Amity," " having been blown off to the West Indies, did not arrive until the spring of the next year."

William Penn sent over as commissioners William Cris- pin, William Haige, John Bezer, and Nathaniel Allen, the first being also surveyor-general, but died before his arrival. The exact date of their arrival is unknown, but Thomas Holme, the successor of .Crispin as surveyor-general, was commissioned April 18, 1682, and arrived about the last of June.

Though the commissioners appear to have been author- ized to treat with the Indians and purchase their lands, their instructions, dated Sept. 30, 1681, show that their main business was to fix upon the site of and lay out a

city,-to survey and apportion lands and city lots among the newly-arrived immigrants, who had for the most part made their purchases in England. The following extract from these instructions no doubt gave rise to the tradition that Penn had fixed on Upland, or Chester, as the site of his great city .:

" That having taken what care you can for the people's good, in these respecte abovesaid, let the rivers and orceks be sounded on my side of Delaware River, especially Upland, in order to settle a great town, and be sure to make your choice where it ie most navi- gable, high, dry, and healthy ; that is where most ships may best ride, of deepest draught of water, if possible, to load or unload at the hank or keys side without hoating and lightening of it. It would do well if the river coming into that creek be navigable, at least for boats up into the country, and that the situation he high, at least dry and sound, and not swampy, which is best known by digging up two or three earths and seeing the bottom."

The next court for Upland County was held at Upland on the 14th of March, 1682, which, according to the record, is still within the year 1681. This court was held by the same, or nearly the same justices, Deputy Governor Mark- ham presiding. The details of a trial that occurred at this court are given, to illustrate the manner of conducting ju- dicial proceedings in these primitive times :

" John Anderson, bound by Recognizance to Appear at this Court to answer our Sovereign Lord the King upon the accusation of Richard Noble, Peter Rambo Jun", and Lawrence Lawrenson, who were bound over to prosecution. This Court proceeded upon indict- ment; to which the prisoner pleaded not guilty : and put himself upon the tryal &c., of this jury :

" JURORS.

"George Foreman Gent. Albert Hendrickson

John Child Mons Peterson

Nathaniel Allen Wooley Rawson

Nathaniel Evans John Cock

William Oxley

Erich Cock

John Akraman

Peter Yoakham

" Richard Noble deposed that hee, with several others, found divers peeces of burnt porke or bacon in the said Anderson's house ; and aleo that hee the said Richard Noble with others found hidden in unfrequented places in an out house belonging to the said John An- derson, where, (as an Indian had before then informed them,) the said Anderson used to hide porke; and further deposed that the said An- derson gave out threatining words against the officers and others who came to search.

" Peter Rambo Junr., and Lawrence Lawrenson deposed the same as above. Judith Noble deposed that the said Anderson gave out threatning words against the officers who came to search.

"Francis Walker deposed that a person who bought a peece of porke of the said Anderson, told him the said Walker that the said porke had a bullet in it.

" Francis Stephens deposed that the said Anderson being asked con- cerning a hogg's head, (hee, the said Anderson, having then a head- less hogg,) where the head then was, hee, the said Anderson, answered, hee had left the head down the river; and the said Anderson's boy said noe, the hogg's head is upon the mill att home.

" John Hollinshead gave in his evidence before Thomas Budd, a magistrate at Burlington, which was also produced under the hand of the said Thomas Budd, being of the same import with the deposi- tion of the aforesaid Francis Stephens.

" Thomas Wallace gave in his evidence before the same Thomas Budd, and testified under the hand of the said Thomas Budd, of the same import with the aforesaid Judith Noble's testimony.

" Another examination of notorious circumstances, of a stranger who lay at the said Anderson's, taken by Mahlon Stacey, a magistrate at the Falls, and signified under his hand.

" The jury bring in the prisoner not guilty, and thereupon by order of Court, is discharged."

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

The following minute of the doings of the same court is a proof that Governor Markham and his Council had placed some restraint upon the sale of strong drink :

" Henry Reynolds having appeared to answer for his selling strong liquors by small measure in his house contrary to the Governor and Councel's order ; upon his submission to the Court, was discharged."

The first appointment of overseers of highways at this court is thus recorded :

"Overseers for the High Wayes Nominated & Elected at the Cort March 14th 1681 ffor one yeare next ensueing : for the Repayring the High Wayes within their Respective Precincts, which is to be done before the last day of Maye next, ut sequitr :

Woolley Rawson from Marcus Creeke to Naman's Creeke. Robert Wade from Naman's [Marcus] Creeke to Upland Creeke. William Oxley from Upland Creeke to Ammersland. Mons Stawkett from Ammersland to Karkus Mill. Peter Yokeham from Karkus Mill to Schore Kill ffalls. Andreas Rambo from Schore Kill ffalls to Tawcony Creeke. Eriok Mulickay from Tawcony Creeke to Poquessink Creeke. Clause Johnsen from Poquessink Creek to Samuell Cliffs. John Akraman from Sam" Cliffs to Gilbert Wheeler's."

Gilbert Wheeler's residence was in the neighborhood of Trenton, which shows the territorial extent of Upland County. The main road that required repairs appears to have crossed the Schuylkill and other streams at or near the head of tide-water.

"The Grant formerly made from Governor Markham to ye Inbab- ittants of Markus Ilocke att their Request, ffor the calling ye name of ye said Towne Chichester, which said Grant beares date the Twentieth day of Aprill Anno 1682: And was Read & published in ye Cort held at Upland June ye Thirteenth Anno 1682, according to order as a Record thereof."

At the first court under his government the English currency of pounds, shillings, and pence was introduced ; but at this court there was a return to the old currency of gilders, so difficult is it to change the established customs of a people. One verdict at this court is for six hundred and sixteen gilders, and there are several for a less number. " Skipps of wheat" also occur in the proceedings.

The next court in order was held on the 12th of Sep- tember, 1682. Governor Markham officiated as president, and was assisted by several of the justices that have been named.

The first grand jury that ever sat in Pennsylvania of which there is any record was summoned to attend at this court. Their names, as given in the minutes of the court, are William Clayton, Thomas Brassey, John Symcock, Thomas Sary, Robert Wade, Lawrence Cock, John Hart, Nathaniel Allen, William Woodmanson, Thomas Coebourne, John Otter, and Joshua Hastings; being one-half the usual number. These jurors were summoned in the case of Lassey, alias Lawrence Dalboe, and are called " his grand jury."

Dr. Edward Jones, with other Welsh purchasers, sailed from Liverpool in the ship "Lyon," John Compton mas- ter, and arrived in the Schuylkill River 13th of 6th month, August, 1682. On the 26th of the month he wrote to his friend, John ap Thomas :

"This shall lett thee know that we have been aboard eleavea weeks before we made the land (it was not for want of art but contrary winds) and one we were in coming to Upland, ye town is to be buyIded 15 or 16 miles up ye River. . . . We are short of our ex- pectation by reason that ye town is not to be builded at Upland,

neither would ye Master bring us any further, though it is navigable for ships of greater burthen than ours. Ye name of town lots is called now Wicoco : here is a Crowd of people striving for ye Country land, for ye towo lot is not divided, & therefore we are forced to take up ye Country lots."

The arrival of John Sharples and family at Upland is set down as the 14th of 6th month, 1682. It is possible they may have come on the vessel above mentioned, as that is the date of its arrival, given hereafter.

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 4

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928 Publication date: 1881 Publisher: Philadelphia, L. H. Everts Number of Pages: 1162

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162