USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 16
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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 esta- blished 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 Mark- ham had fixed his residence. The Justices of this Court were
1 Latrobe's Address before the Historical Society of Pennsylvania, p. 1.
2 Proud, i. 200, 202. It does not appear that the Duke of York, afterwards James II., ever held any territory west of the Delaware by a positive grant. He seems to have extended his government over it rather as a matter of convenience to the British Crown.
3 Haz. Reg. i. 308.
131
HISTORY OF DELAWARE COUNTY.
1681.]
Messrs. William Clayton, Wm. Warner, Robert Wade, Otto Ernst Cock, William Byles, Robert Lucas, Lasse Cock, Swan Swanson and Andreas Bankson; the Sheriff, John Test, and Clerk, Thomas Revell. Of the Justices, five are 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 " according 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.1 No provision was made under the Duke's laws for this safeguard of the citizen, and the new Justices acted for a time in accordance 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 that came up for consideration was that of
Peter Errickson, Plff., vs. -
Harmon Johnson & Margaret his wife, Deft. An action of Assault & Batty.
Jurors. Morgan Drewett, Wm. Woodmanson, Wm. Hewes, James Browne, Henry Reynolds, Robert Schooley, Richards Pitt- man, Lassey Dalboe, John Ackraman, Peter Rambo, Jr., Henry Hastings, & William Oxley. Witness, William Parke.
The jury find for the plaintiff; give him 6d. damages, his costs of suit.
In the next case the parties are reversed; the offence charged being the same, and tried by the same jurors. The witnesses were Anna Coleman, Richard Buffington, and Ebenezer Taylor. The jury find for the plaintiffs 40 [shillings] and their costs of suit.
At this first session of the Court, nine cases were tried and sixteen withdrawn; among the latter were two " for disobeying the Justice's order." In the last case tried, which was for debt, the verdict was 62 gilders-an evidence of the lasting influence of the ascendency of the Dutch on the river.
It having come to the ears of Justice Lassey Cock, that he had been accused of speaking certain improper words to the Indians, proclamation was made in the Court " that if any had anything against him, they should declare it; whereupon Daniel Brenson and Charles Brigham, upon oath, together with Walter Humphrey, upon his solemn attestation, declared what they
1 Many of the carly criminal cases, having the form of civil actions for damages, the defendants thereby really escaped a trial as criminals, and the necessity of a Grand Jury was obviated.
132
HISTORY OF DELAWARE COUNTY. [1681.
heard certain Indians speak against him and Captain Edmund Cantwell; the said Lassey Cock, upon oath, declared his inno- cency, and that he had never spoken those words to the Indians, or any of that nature, was thereupon cleared by the Court."
Letters of Administration were granted by the Court to Caspar Fiske on the Estate of Eusta Daniell-security in £100, given to Robert Wade and William Clayton.
Besides the English names already mentioned, there oceur, in the proceedings of this Court those of Richard Ridgeway, Francis Stephenson, Richard Noble, John Champion, Thomas Nossiter, John Wood, and William Cobb. These and many others had become residents of Upland County prior to the date of Penn's patent. Most of those who were Friends emigrated with the early West Jersey settlers, but for some reason settled on the West side of the river.
At the next Court, which was held on the 30th of November, Deputy Governor Markham presided, and James Sandelandes 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 withdrawn and one continued.
Three ships sailed from England for Pennsylvania this year ; two from London and one from Bristol. No particulars of the arrival of the John & Sarah, which is said to have arrived first, are given; but we are informed by Proud,1 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." "י
Proud places the arrival of William Markham in one of these ships, with certain commissioners, whom he says were joined with him, "to confer with the Indians or Aboriginies of the Country respecting their lands, and to confirm with them a league of peace." It is possible that certain Commissioners arrived on board of one or more of these vessels, but they were not associated with the Deputy Governor as has been mentioned. The only purchase of land that was made from the Indians for the Proprietary before his arrival, was the large purchase on the Delaware above Shaekamaxon,2 which was made by Markham alone, although the Commissioners were then in the country.
The Commissioners were William Crispin, William Haige,
1 Hist. Penna. i. 193. 2 Penna. Archives, i. 47-48.
133
HISTORY OF DELAWARE COUNTY.
1681.]
John Bezer, and Nathaniel Allen. William Crispin was ap- pointed Surveyor-General as well as Commissioner, but died before his arrival, whereupon Thomas Holme was appointed in his place. Though they appear to have been authorized to treat with the Indians and purchase their lands, their instructions1 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 respects abovesaid, let the rivers and creeks 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 is most navigable, 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 bank or keys side without boating 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 be 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 celebrated "conditions and concessions" 'agreed upon between Penn, and those who became "adventurers and purcha- sers" under him, were published in England some time before the date of the letter of instructions to the Commissioners. Thomas Holme, the Surveyor-General, did not arrive till the last of June of the following year.
Although the minutes of the Council of Governor Markham are not to be found, there is a document preserved, that shows that one of its first acts was the prohibition of the sale of strong drinks to the Indians. This paper is a petition to the Governor and Council over the uncouth signatures of Passayunk Indians, asking the removal of the prohibition, on the ground that there was no prohibition in New Castle, "and that they find it a greater ill-convenience than before, our Indians going down to New Castle, and there buying rum and making them more debauched than before."2
It will be remembered that Robert Wade was settled at Up- land in 1675, and that William Edmundson, a travelling preacher of the Society of Friends, held a meeting at his house during that year. Robert Wade was a purchaser from John Fenwick,
1 For these instructions see Haz. Ann. 527-531. Also Appendix p. 637. A letter was addressed by Penn to the Indians dated on the 18th of October, couched in the most kind and conciliatory language, which was probably sent by one of the Commis- sioners .- See Haz. Reg. i. 576. Haz. Ann. 532.
2 Haz. Ann. 531.
134
HISTORY OF DELAWARE COUNTY.
[1682.
in England,1 and it is supposed emigrated with him in 1675, but from some cause he preferred to settle at Upland, being, with his wife, among the first Quakers who settled in Pennsylvania. It is not therefore probable that a Friends' meeting was held in Pennsylvania earlier than that year,-the first being held at the house of Robert Wade. No meeting of Record was held till the year 1681, the following being the earliest minute :
"The 10th day of the 11th month 1681. A monthly meeting of Friends belonging to Marcus-hook, alias the Chester and Up- land, held at the house of Robert Wade."
These meetings for a time were held alternately at the places designated, and constituted one monthly meeting. That held at Robert Wade's eventually became "Chester Monthly meeting," while from the Chichester, or Marcus Hook meeting, originated at first the Chichester Monthly meeting, which subsequently be- came merged in that of Concord.
The only Quaker heads of families that were settled at Chester and Marcus Hook, or in the vicinity of those places, before the arrival of the first ship sent out by Penn, so far as the author can discover, were Robert Wade, Roger Pedrick, Morgan Drewet, William Woodmanson, Michael Izzard, Thomas Revel, Henry Hastings, William Oxley, James Browne, Henry Reynolds, and Thomas Nossiter.
There were no other Friends then settled within the present territorial limits of our County, but quite a number were located higher up the river on the Pennsylvania side of it.
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 Markham presiding. The details of a trial that occurred at this Court are given, to illustrate the manner of conducting judicial proceedings in these primitive times :
"J_ A-, bound by recognizance to appear at this Court to answer our Sovereign Lord the King upon the accusa- tion of Richard Noble, Peter Rambo Jun", and Lawrence Law- renson, who were bound over to prosecution. This Court pro- ceeded upon indictment;2 to which the prisoner pleaded not guilty : and put himself upon the tryal &c., of this Jury :"
JURORS.
" George Foreman Gent. Albert Hendrickson Mons Peterson
John Child
Nathaniel Allen
Wooley Rawson
Nathaniel Evans John Cock
Erich Cock
William Oxley John Akraman Peter Yoakum."
Penna. Archives, i. 57.
2 There was no Grand Jury.
135
HISTORY OF DELAWARE COUNTY.
1682.]
" Richard Noble deposed that hee, with several others, found divers peeces of burnte porke or bacon in the said A's house ; and also that hee the said Richard Noble with others found hidden in unfrequented places in an out house belonging to the said J- A-, where, (as an Indian had before then informed them,) the said A- used to hide porke ; and further deposed that the said A- 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 A- 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 A-, told him the said Walker that the said porke had a bullet in it."
" Francis Stephens deposed that the said A- being asked concerning a hogg's head, (hee, the said A-, having then a headless hogg,) where the head then was, hee, the said A- answered, hee had left the head down the river ; and the said A-'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 deposition of the aforesaid Francis Stephens."
" Thomas Wallis 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 stran- ger who lay at the said A-'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."
The following minute of the doings of the same Court, is a further proof that Gov. Markham and his Council had placed some restraint upon the sale of strong drink, to others besides the Indians.
" 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."
" Overseers for the Highways nominated and elected at the Court, March 14th, 1681 [1682] for one year next ensuing, which is to be done within their respective precincts, before the last day of May next, ut sequitur :"
" Woolley Rawson, from Marcus creek to Naman's creek."
" Robert Wade, from Naaman's [Marcus] Creek to Upland creeke."
" William Oxley from Upland Creeke to Ammersland."
136
HISTORY OF DELAWARE COUNTY. [1682.
" Mons Stawket from Ammersland to Karkus mill."
" Peter Yokcham from Karkus Mill to Schore kill [Schuyl- kill] falls."
" Andreas Rambo from Schore kill falls to Tawrony [Tacony] Creeke."
"Erick Mullikay from Tawrony Creeke to Poynessink Creek ; Clause Johnson from Poynessink creeke to Samuel Cliffs."
"John Akraman, from Samuel Cliffs to Gilbert Wheelers."
Gilbert Wheeler's residence was in the neighborhood of Tren- ton, 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.
On the 12th of June, messengers from Lord Baltimore, with letters to Governor Markham, arrived at Upland, but the Go- vernor being on a visit to New York, James Sandelandes and Robert Wade dispatched a messenger to him, with the Lord Bal- timore's communication, and also a letter from them, advising him that Commissioners were in waiting, ready to meet him, at Bohemia river.
" The grant formerly made from Governor Markham to the inhabitants of Marcus Hooke att their request for the calling the name of the said Town Chichester, which said grant bears date the twentieth day of April 1682, and was read and pub- lished in the Court held at Upland June the thirteenth Anno 1682, according to order as a record thereof." This was the fourth Court held under Governor Markham's administration.
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 616 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 September, 1682. Governor Markham officiated as President, and was as- sisted 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, Tho. Sary, Robert Wade, Lawrence Cock, John Hart, Nath11. Allen, William Wood- manson, Thos. 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."1
1 Proud, Hist. Penna. i. 240, says that the Grand Jury that sat in the case of Pick- ering, tried before the Council in 1683 for counterfeiting coin was the first, but this is a mistake.
137
HISTORY OF DELAWARE COUNTY.
1682.]
The first order for filing an Administration account was made at this Court. The Administrator was directed to appear at the next or the following Court, " and bring into the Court the bills of the Creditors or other satisfaction, signifying to the Court the justness of each particular debt, and also to produce his re- ceipts for what he hath paid."
This is the last Court held previous to the arrival of the Pro- prietary. Quite a number of Friends had arrived here since Markham came to the country. Among those who settled within the territorial limits of Delaware County, were Richard Fewe, John Kennerly, Thomas Cobourn, Jeremiah Collett, Richard Worrall, Henry Grubb, and John Simcock.
Before introducing the Proprietary into this land of promise, it may not be amiss to enlighten the reader in respect to the progress made in religious affairs by the Friends who had pre- ceded him.
At a monthly meeting held at Chester the 11th of the 7th mo. (September) 1682, it was agreed " that a meeting shall be held for the service and worship of God every first day of the week at the Court house at Chester."! It was also agreed, "that there be three meetings in the week; the Western part to meet at Chichester the 5th day of the week ; the middle meeting at Ha- rold at the house of William Woodmanson the 4th day of the week, and the Eastern meeting at Ridley at John Simcocks the 5th day of the week until otherwise ordered." It was further ordered that " the monthly meeting for business be held the 1st Second day of the week in every month at the house of Robert Wade."
The world did not contain a more busy man than William Penn, from the time the charter for Pennsylvania was granted to him until he sailed for America. Besides the documents issued by him, that have already been mentioned, he incorporated a company with extraordinary powers and privileges, styled the "Free Society of Traders ;" he published his " Frame of Govern- ment for the province of Pennsylvania, together with certain laws agreed upon in England by the Governor and divers free- men of the aforesaid Province ;" he obtained from the Duke of York a release of any claims he might have to the province of Pennsylvania ; and also two deeds of feoffment for the territory now constituting the State of Delaware-one being for twelve miles round New Castle, and the other for the balance of the territory below ;2 he wrote innumerable letters to his friends, and
1 This Court-house was doubtless the " House of Defenee."
2 Although the territory west of the Delaware had been governed by the Duke of York, he at this time held no valid title to any part of it. King Charles II. made a regular conveyance to him of the country comprised within the present territorial limits of the State of Delaware, on the 22d of March, 1683; the deeds from the Duke to Penn for the same country, were executed on the 24th of August, 1682. See Haz. Reg. i. 429-430; ii. 27.
138
HISTORY OF DELAWARE COUNTY.
[1682.
sundry epistles to the settlers and the Indians, besides being sub- jected to various importunities to part with his lands and to confer privileges on terms different from those which he had adopted and published.
With his mind thus overtasked with questions of the highest moment, would it not have been wonderful if he had committed no mistakes ? Is it not strange that he committed so few ? We may at this day be startled at some of the privileges granted to " The Free Society of Traders ;" but may we not, with Penn's limited experience with corporations, believe in the sincerity of his assurance, that it was "a Society without oppression : wherein all may be concerned that will ; and yet have the same liberty of private traffique, as though there were no Society at all." Cer- tainly we may concede this much, when it is known that he re- sisted the "great temptation" of £6000 and two and a half per cent. acknowledgment or rent for a monopoly of the Indian trade between the Susquehanna and Delaware with 30,000 acres of land, the Indian title of which to be extinguished by the corpo- ration.1 Penn's ideas of government were greatly in advance of the age in which he lived. The few errors he committed were the result of surrounding circumstances. No friend of humanity can quibble over these, when he reflects upon the mighty impulse that was given to the cause of free government by his many wise and prudent measures.
Having completed his arrangements in England, Penn sailed from Deal on the 30th of the Sixth month (then August), on board of the ship Welcome, Robert Greenaway commander, in company with about 100 passengers, mostly members of the Society of Friends, the major part of whom were from Sussex.2 Great distress was experienced during the passage, in conse- quence of the breaking out of the small-pox, of which loathsome disease 30 of the emigrants died. Otherwise the voyage was prosperous, the vessel arriving at New Castle on the 27th of October, 1682. On the next day, Penn having produced his deeds of feoffment from the Duke of York for the twelve miles surrounding New Castle, and also for the country below, the possession and seisin of the New Castle grant were formally given to him by John Moll and Ephraim Herman, who had been con- stituted attorneys for that purpose by his Royal Highness.3 At the same time, a number of the inhabitants signed a pledge of their obedience to the Proprietary.4 On the same day he com- missioned Justices for New Castle, and constituted Markham his attorney to receive the possession of the territory below from the attorneys of the Duke.
1 Haz. Ann. 522. 2 Proud. i. 204; Janney, 194.
3 New Castle Rec .; Haz. Ann. 597-606.
+ New Castle Rec .; Patent Book, Harrisburg, A. 2, p. 121; Haz. Ann. 598.
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139
HISTORY OF DELAWARE COUNTY.
1682.]
A letter addressed to Ephraim Herman in respect to summon- ing a Court to be held at New Castle on the 2d of November, and dated at Upland on the 29th of October,1 shows that he had then arrived at his seat of Government. He may have arrived the day before. The fancy of the artist has portrayed the landing of Penn at Upland ; but neither the hour, the day, nor the manner of his landing, is certainly known.
He landed at Upland, but the place was to bear that familiar name no more for ever. Without reflection, Penn determined that the name of this place should be changed. "Turning round to his friend Pearson, one of his own society, who had accompanied him in the ship Welcome, he said, 'Providence has brought us here safe. Thou hast been the companion of my perils. What wilt thou that I should call this place ?' Pearson said ' Chester,' in remembrance of the city from whence he came. William Penn replied that it should be called Chester, and that when he divided the land into counties, one of them should be called by the same name."2 Thus from a mere whim, the name of the oldest town; the name of the whole settled part of the province ; the name that would naturally have a place in the affections of a large majority of the inhabitants of the new province, was effaced, to gratify the caprice or vanity of a friend. All great men occasionally do little things. .
Immediately after Penn's arrival, he dispatched messengers to Lord Baltimore, evidently for the purpose of procuring an interview and a settlement of their difficulties. He at the same time went to New York, to "pay his duty" to the Duke by way of a visit to his government. Upon his return he caused three counties to be laid off-Chester, Philadelphia, and Bucks. The precise time and manner of making these divisions will probably be ascertained when the Record of the doings of Governor Markham and his Council is discovered. The lines on either side of Chester County, it will hereafter be seen, were not very definitely fixed for some time.
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