USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 17
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In pursuance of Writs of Election sent to the Sheriff's of the several Counties, elections were held for members of Assembly. No list of the members elected has been discovered ; the names of several appear in the imperfect minutes of their proceedings.
The first Assembly was held at Chester, 4th of 10th mo. (December) 1682, being the 2d day of the week. The first business was the appointment of a Committee on Election privi- leges, consisting of Christopher Taylor for Bucks County ; President Moore for Philadelphia, John Simcock for Chester, William Clark for Deal,3 and Francis Whitwell for Jones. "A
1 Haz. Ann. 599 .- Clarkson says he visited New York before going to Upland.
2 Clarkson's life of Penn, i. 259 .- Haz. Ann. 695.
3 Jones and Deal were then the names of the two counties below New Castle.
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HISTORY OF DELAWARE COUNTY.
[1682.
committee for Grievance" was also appointed, viz: Griffith Jones, Luke Watson, William Sample, William Yardley, and Thomas Brassey. It was Resolved that Ralph Withers " on extraordinary occasions, have leave from this house to be absent to-morrow.' "
Then " the house adjourned to the 10th hour to-morrow."
" About the time appointed the house sat."
" Dr. Moore, President of the Society in Philadelphia," [of Free Traders] it was reported by the Committee, "should be preferred as chairman."
"Then they called to account the Sheriff of New Castle, for undue electing a member to serve in Assembly for that County." John Moll was declared duly elected from New Castle, instead of Abraham Mann.
John Simeock and Christopher Taylor were appointed a Com- mittee of " Foresight for the preparation of provincial bills."
" Then the House proceed further unto four more for the said Committee, viz, Wm Clark, Nicholas Moore, President, Griffith Jones, and Luke Watson."
" It being moved that an address be sent to the Governor, by four select members, humbly to desire him to honour the house with a transmission of his constitutes ; and thereupon appointed Thomas Holmes, Surveyor General, William Clarke, Thomas Winn, and Edward Southrin, should go with the afore- said address, and make a return of his answer in the afternoon."
In the afternoon, "the Governor's answer by the four mem- bers was : that the Constitutions they desired, were not ready, but when ready he would immediately send them by one of his servants."
Rules and regulations for the government of the proceedings of the Assembly were adopted, some of which are not found in legislative Manuals of the present day.
" Offending members were to be reproved for the first offence ; for the second reproval and fine of 12d., and so for each offenee not to exceed 10s." A resolution was not before the House till "seconded or thirded." Any member presuming to pervert the sense of questions agreed to by the house, was to be "put out of the house." Two members were elected, "to inspeet which party carried it by the major votes, on diversity of votes arising in the house." On the question, "whether the house now proceed or not," on a division, the noes go out ; if for adjourn- ment, the yeas. None to speak but once before the question is put, nor after but once.
Most of the rules adopted are, however, substantially the same as those now used in legislative bodies, though given in the quaint language of the day.
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HISTORY OF DELAWARE COUNTY.
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A question propounded by the speaker-"Whether any abso .. lute note of distinction betwixt one officer and another should be concluded on by vote, as the carrying a white rod or reed," shows there was some disposition to follow the etiquette of the home government. This question was left in suspense.
A petition was presented, "for an act of Union" between the freemen of the three lower Counties, and those of Pennsylvania. It was delivered by John Moll and Francis Whitwell, in the name of the rest of the Freeholders, and "was accepted and ap- proved of by the whole house."
The act providing for the "aforesaid Union," after being re- gularly passed, was carried by the President and Christopher Taylor to the Governor, in order to get "his subscription as an established law."
A petition is presented to the Governor from the Swedes, Finns and Dutch, that he "would be pleased to make them as free as other members of this province, and that their lands may be entailed on them and their heirs forever."
"The printed laws and the written laws or constitutions" were at length brought before the house, and after having been altered or amended, were finally adopted. "The power of the Free Society of Traders was also debated." This ended the second day's proceedings.
"The house met again about half an hour past seven in the morning of the 7th day of the 10th month, 1682." The Gover- nor assuming the chair expresses himself in an obliging and reli- gious manner to the house." After having been consulted by the President on "divers material concerns," the Governor "urges upon the house his religious counsel."
A debate, of some warmth, appears to have ensued in respect to the time to which the Assembly should adjourn; twenty-one days appears to have been fixed on, at which the members of the lower counties "were in a great strait." Two members were thereupon appointed to inform the Governor of it, who returned with intelligence that the Governor is willing "that the assembly adjourn for twenty-one days, which was done by order of the speaker."
There was probably no meeting held at the end of twenty-one days, or at any other time by this first legislature. There are no minutes of such a meeting, nor laws of that date.1
No list of members being given, the names of all the represen- tatives from Chester County cannot be given. The following Chester County names appear incidentally in the minutes :- John Simcock, Thomas Brasey, Ralph Withers, and Thomas Usher. It would appear that the members of the "first Assem- bly" received no pay for their services. The next Assembly did
1 Votes of Assembly.
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not, however, allow a question of such vital importance to pass by without being "argned."
"The great law, or the body of laws," embracing many sec- tions or separate laws, was passed by the first assembly, besides the act of Union and Naturalization and the act of Settlement.
All the acts except the last had been prepared and well con- sidered, before being presented to the legislature. This act be- came necessary on account of the people of the several counties refusing to elect 72 members of council, and to assemble in mass to constitute the first Assembly, as had been provided for by Penn in his Frame of Government, and in accordance with the writs that had been issued to the Sheriffs of the several counties. This act fixed the number of the Council at three from each county, and the Assembly at double that number. It also pro- vides for other matters connected with future legislation. It was no doubt prepared at Chester on the occasion, and this fact explains why the Proprietary was not ready for the Assembly when they met.1
On what was considered the most reliable tradition, it has been universally believed that this Assembly held its sittings in an old building which till recently stood on the west side of Fil- bert street, near the margin of Chester creek, and which was familiarly known as "the old Assembly house." It will be shown in another place that this building was erected several years subsequently to the sitting of the Assembly. It is most probable that the first Assembly sat in the "House of defence," as it was then the only public building erected in Upland of which we have any account.
Every material particular in respect to the first Assembly has been given, because its sittings were held within the territorial limits of what was then Chester, but is now Delaware county. The next Assembly under a new election was held at Philadel- phia on the 12th of March following, where it continued to sit, with occasional meetings at Newcastle, while the union with the Lower Counties lasted. A list of the members of the Legislature elected each year for Chester county till Delaware county was organized, and subsequently those of Delaware county, will be found in the Appendix, Note D.
The last Court for the County of Upland, embracing all the settled parts of Pennsylvania, was held on the 12th of Septem- ber, 1682. The first Court for Chester county met at Chester on the 14th of February following, but from some cause adjourned till the 27th of that month without transacting any business At this Court there is a marked change in the aspect of things.
1 For this act see Laws of Penna. fol. Appendix 4. (1762.)
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HISTORY OF DELAWARE COUNTY.
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The name of no Swede1 remains in the list of Justices, and but two are found in the list of Jurors, and the Mr. that had always been appended to the names of the Justices, and to that of the Clerk and Sheriff, is now uniformly omitted.
The form of attestation for Jurors, adopted by Penn, is not given in the Records of the Chester Court. The following is re- corded at New Castle, under the date of Feb. 22, 1682-3 :
" The forme to bee used in ye Roome of ye oath for ye Jury as the same was delivered in Cort by ye Honobi William Penn vizt."
"You Solemnly promis in ye presence of God & this Cort that you will Justly try & deliver in yo' verdict in all cases de- pending, that shall be brought before you during this session of Court according to evidence, and ye laws of this government to ye best of yo' understanding."2
The Justices who held this Court-the first for Chester County, as it had recently been established, were John Simcock, Pre- sident, Thomas Brasey, William Clayton, Robert Wade, and John Boyer ; the Sheriff was Thomas Usher ;3 the Clerk, Thomas Revel. The Jurors summoned were William Rawson, James Browne, Jeremiah Collet, William Hewes, Walter Martin, Nath1 Evans, Joshua Hastings, William Woodmanson, Thomas Cobourne, Albert Hendrickson, Joseph Richards, Edward Car- ter, and Thomas Vernon.
George Thompson appeared before this Court to answer the charge of being married to one Merriam Short, "contrary to the laws of the province ;" but no one appearing against him, he was discharged. The officiating priest, Lawrence Carolus, did not fare so well. He was bound over to appear at the next Court for performing the marriage service for Thompson.
At the next Court, " held at Chester for the County of Chester, on the 27th of the 4th month, called June,4 1863, " William Penn, Esq" Proprietory and Governor," presided. The names of Otto Ernest Cock, and Ralph Withers, appear among the Justices at this Court. Among the Grand and Petit Jurors there was a fair sprinkling of Swedes.
The following singular verdict was rendered at this Court :
1 " Strangers & foreigners," as the Swedes and others residing here are called, may not yet have taken the "Solemn promise" of allegiance under the recently enacted Naturalization law.
2 New Castle Ree. Book A, "Old Records transcribed," p. 287, as taken from Book C. p. 34.
3 For a list of the Sheriff's of Chester County till the division of the County and subsequently those of Delaware County, See Appendix, note D.
4 The year hereafter is to commence on the first of March, as will appear by the following seetion, from " The Great Law" enaeted at the first Session of the Legis- lature : Be it enacted, &e., " that the days of the week, and the months of the year, shall be ealled as in Scripture, aud not by heathen names, (as are vulgarly used,) as the first, second and third days of the week ; and first, seeond and third months of the year, &e., beginning with the day ealled Sunday, and the month called March."
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" The jury find for the Plaint : and give him a cow and a calf, the same to be delivered within 7 days or 4£ 19s. 2d. at the choyce of the Plaint : or the value thereof in Porke, Beefe or Corne in the 8th mo: next & 40s. damages & Costs of suit."
It was "ordered by the Court that a tax for defraying the public charges be raysed within this county; and in order to the effecting the same with Justice and proportion, three of the magistrates of the county are to meet weekly."
" John Ward, for sundry Felons, committed to the custody of the Sheriff, and made his escape with irons upon him." From this it may be inferred, that as yet there was no building in Chester that would rank as a jail.
This Ward had robbed James Sandelandes and George Fore- man, whom the Court ordered to receive back their goods. The early judicial proceedings of the Province would indicate, that a number of professional rogues had smuggled themselves over in some of the numerous immigrant vessels that were arriving about this time, or else had made their way here from other Provinces.
The following constables were selected at this Court : "For Chichester liberty, Willm Hewes; Chester liberty, Thomas Co- bourn ; Derby liberty, Thomas Worth; Ammersland liberty, Willm Cobb ; Concord liberty, Jnº Mendenhall."
Besides the regular County Courts, there was established in each County, another tribunal invested with the power of hear- ing and determining matters in litigation. The persons com- posing it were termed "Peace Makers," and were appointed by the Courts. They possessed about the same power, and occupied the same position as arbitrators of the present day, but they were not appointed with reference to any particular case, and held periodical meetings. The Court orders them " to meet the first fourth day in every month."1
Among the cares that engrossed the attention of William Penn, during his first visit to Pennsylvania, was the purchase of lands from the Indians. The boundaries mentioned in the numerous deeds to him from the Aborigines, are frequently un- certain and overlap each other ; and while it cannot be doubted that he was careful to secure titles from the "right owners," it appears to have been his policy to liquidate any other claims that might be set up, and to take deeds from the claimants, rather than to engage in litigation with savages.
One of these deeds, that gives us the Indian name of Chester Creek, and embraces nearly the whole County east of that stream, commences thus :
1 The law authorizing the appointment of " Peace Makers," was passed at the Second Session of the Assembly.
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HISTORY OF DELAWARE COUNTY.
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" We, SECANE & ICQUOQUEHAN, Indian Shackamakers, and right owners of ye Lands Lying between Manaiunk als. Schulkill and Macopanackhan, als. Chester River, doe this 14th day of ye fift month, in ye year, according to English account, 1683, hereby grannt and sell all our Right & title in ye sd Lands Lying between ye sd Rivers, beginning on ye West side of Manaiunk, called Consohockan, & from thencc by a Westerly Line to ye sd River Macopanackhan, unto William Penn Proprietr" > * * &c.1
The consideration is the usual quantity of wampum, blankets, duffils, kettles, guns, &c., but no rum, and to the deed are ap- pended the peculiar marks of the grantors.
The next Court was held on the 22d of the 6th month " called August." A civil case of vast importance, involving the title of the whole Island of Tinicum, was tried at this Court. The case stands on the record :
" Arnoldus Delagrange Pltff: Otto Ernst Cock-Deft: The Plaintiff sues and declares as. Heire Tynnicum Island & premises."
----
It will be remembered that Mrs. Papegoya, had sold the Island to a Mr. De La Grange, who, it appears was the father of this plaintiff. He dying soon after, his widow married An- drew Carr. Against these parties, in the Court of Assizes of New York, in 1672, Mrs. Papegoya obtained a heavy verdict, and was shortly afterwards put in possession of the Island, which she had sold to Otto Ernest Cock, previous to this date.
Abraham Man acted as attorney for the plaintiff, and John White for the defendant-neither of them being residents of the County. It was admitted that the plaintiff's father was legally possessed of Tinicum, but that amount of purchase money was paid, and that, " the Lady Armgard Prince had tryall and execution thereupon & was put in possession of the same premises, and sold the same to the Defendant."
On behalf of the plaintiff it was set forth, "that he the said pltff. (who was heir to the said Island,) at the time of the said Tryall & Execution, was under age and in Holland, and there- fore could make no defence; and further that the said Heire (this pltff:) was not mentioned in the said tryall; the action being commenced against Andrew Carre and priscilla his wife, mis- taken in the execution for the mother of the pltff: whose mother's name was Margaretta."2
The parties appear to have entered into an agreement pending
1 Penna. Archives, i. 65.
2 In the record, the suit is against Andrew Carr and Margaret Persil his wife; in the execution the name of Margaret is omitted.
10
1
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HISTORY OF DELAWARE COUNTY.
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the trial, in accordance with which the jury rendered their ver- dict in favor of the plaintiff, with costs and forty shillings dama- ges ; "the Pltff: paying to the Deft. Thirty seven pounds & Tenne shillings," * * * "also delivering the Block house1 & timbers in the same agreement mentioned."
The practice of acknowledging deeds in open Court, under Penn's government, commenced with this Court.
At the following Court, "held on the 17th of the 8th month, called October," 1683, the inhabitants of Providence made their application to the Court for a highway, leading to the town of Chester. It was accordingly ordered by the Court "that the Grand Jury doe meete on the 22d instant at Thomas Nossiters, there to consider the premises." This is the first time that the name of Providence has appeared as a division of Chester County. The Grand Jury "was empannelled to look out a convenient highway from Providence to Chester," but their report is not recorded. The name of Robert Eyre appears now for the first time as Clerk of the Court, in the place of Thomas Revel; and at the following Court, held on the 14th of December, Thomas Withers supplies the place of Thomas Usher as Sheriff. In a case before this Court, in which the plaintiff suffered a non suit, the matter was referred by the Court to the " peace makers."
From the circumstance, that several of Penn's letters, written during the winter of 1683, were dated at Chester, it is believed that he resided at that place nearly up to the 10th of March, when his first Council was assembled at Philadelphia. The mem- bers of the Council being now reduced to three from each county, those from Chester were, John Simcock, Ralph Withers and William Clayton. The second Assembly was convened at Phi- ladelphia two days afterwards, and continued its session twenty- two days.
But little was done at this session specially relating to Chester County, except the establishment of a seal, the design of which was a plow. The first charter, which it was found impossible to conform with, in respect to the number of representatives, was, in an amended form, accepted from the Governor, "with the hearty thanks of the whole House."
This year the noted " Chester Mills" were erected on Chester Creek, a little above the site of the present manufacturing village of Upland. Richard Townsend, who came over with Wm. Penn, in a letter written in 1727, says, " After some time I set up a mill on Chester Creek, which I brought ready framed from London; which served for grinding corn and sawing of boards ; and was of great use to us." From this it might be inferred
! It is not certainly known where this Block-house stood, but it is probable that it occupied the same position as the old fort, Gottenburg.
17
Drawn by C P. Tholey
RESIDENCE OF CALEB PUSEY AT CHESTER MILLS
Bowen & Co.lith Phlada
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that Richard Townsend was chiefly instrumental in the erection of these mills, which was not the case, he being only one of ten partners who furnished the means.
The partnership was established by virtue of a verbal agree- ment in 1682, probably before the partners left England, " for the erection of one or more water mills, by them intended to be built and erected in said Province [of Pennsylvania], and in gears, utensils and implements, proper for such an undertaking, and in all such lands buildings and conveniences as might be necessary to accommodate the same." The whole concern was divided into thirty-two equal parts, of which William Penn " was to have and bear five parts thereof, both in profit and loss;" Philip Ford, 5; John Bellars, 5; Daniel Whorley, 5; Daniel Quare, 2; John Barker, 2; Richard Townsend, 4; John Bickley, 2; Thomas Burberry, 1; and Caleb Pusey, 1. These partners agreed that Caleb Pusey should be agent and manager "of the joint concern," who accordingly, " soon after the first arrival of the Proprietary in the Province, obtained two warrants from him, for taking up lands to set the said mills upon." By virtue of these warrants two parcels of land-one on each side of Chester Creek-were surveyed for the use of the mills; the whole con- taining but twenty acres. "Upon or near" this land, Caleb Pusey, " with the advice of the said Proprietary, and such other of the said partners, as then were in the Province, in the year of our Lord 1683, did at the joint charge of all the said partners, erect a corn mill," &c. These facts are taken from the recital of a deed' for the premises, executed in 1705, and no doubt give a correct account of the establishment of what may be regarded as the first mill erected within the borders of Delaware County, unless the Swede's mill stood on the western side of Cobb's Creek. When a saw-mill was attached to the Chester mill, is not known. A further account of this early improvement, with the disasters which befel it, will be given in the proper place, as we proceed.
The peculiar population, that in three or four years was to occupy the whole territory now embraced within the limits of our County, had, before the close of 1683, gained a very permanent footing at four different points, viz: Chester, Marcus Hook, Darby and Haverford. From these points the new settlements rapidly diverged, and spread over the adjacent townships. At each of these places except Haverford the first Quaker immi- grants sat themselves down in the midst, or in the vicinity of a civilized people. The Welsh, who had in their native land bargained for a separate Barony of 40,000 acres, being ex- cluded from the city liberties, were forced, at once, to plunge
1 Recorder's office, West Chester, Book B. i.
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HISTORY OF DELAWARE COUNTY.
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into the wilderness. They first occupied Merion and Haverford in 1682 with a very few settlers. These townships were rapidly filled up by the constant influx of immigrants from Wales, where the spirit of persecution against the Quakers was raging at this period; and from these townships the Welsh settlements soon spread over Radnor and the chief part of Newtown, and after a time extended over Goshen, Tredyffrin, and Uwchlan. But three settlements were made in Haverford in 1682-those, of Lewis David, Henry Lewis, and William Howell. The number was largely augmented before the close of 1683.
Nearly all the early immigrants of mature age were Friends from convincement, and many of them had suffered persecution. Under such circumstances it cannot be supposed that their religious meetings were suspended even during their passage, much less after their arrival. But we have no positive evidence that meetings of record were held either by the Friends of Darby or Haverford earlier than 1684.1
Although monthly meetings had alternated between Chester and Marcus Hook, First day meetings for worship were not held at the latter place till the carly part of 1683. The first appro- priation, by Chester Monthly Meeting, for the support of their own poor, was made this year. No regular burying-place ap- pears to have been established at Chester till 1683, when, after the appointment of sundry committees, and some delay, a suitable piece of ground was fixed upon, which was ordered "to be fenced about as soon as may be." The ground thus se- lected continues to be the burying-place of the Society to the present day.
No evidence exists of a meeting for worship being held at Providence earlier than the commencement of 1684, and it is not certainly known at what particular place it was held. The earliest quarterly meeting was held at Chester, the 4th of the 12th mo. (February) 1684.
The minutes of both Haverford and Darby Meetings com- mence in 1684; the former on the 10th of the 2d mo. (April) and the latter on the 2d of the 5th mo. (July). There is some evidence that the business of a monthly meeting had been trans- acted at Darby a short time prior to the date of the first regular minute. The early meetings of Darby were held at the house of John Blunston, located nearly in front of the present Friends' meeting house in Darby, and near the mill race.
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