USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 20
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The Justices of the Court were in the practice of holding what they termed "Petty Sessions," at other places than the seat of justice. Thus in the proceedings of the regular sessions, it is recorded that " Richard Buffington was called to the bar to answer his contempt of an order of Petty Sessions, held on the 27th of the 10th month last at George Foremans'-Remitted, paying his fees." George Foreman lived at Marcus Hook.
It was ordered by the court, " that Upper and Nether Provi- dence and Ridley, doe for this time repair the Bridge in the King's road near Walter Fawsetts', upon Croome Creeke." The King's road, running from Philadelphia to the lower Counties, was located higher up than at present. It crossed Ridley Creek near Shoemakerville, and Chester Creek above Upland. It was laid out, (if laid out at all,) so as to head the tide in the several creeks.1 Providence has heretofore constituted but one township.
On the 2nd of the 8th month, the Grand Jury report that they "doe lay out a street and a landing upon the creek to the corner soe far as over against the North West Corner of the court house fifty foote in breadth and from thence up to the said Chester towne for a street thirty foote in Breadthe."
One of the presentments of the Grand Jury was
of Concord " for travelling on the first day of the week, being the 21st of the 8th month in the year 1688, with a yoke of oxen and a wayne, and a horse or mare before them."
They likewise presented " the road between George Willards fence and Jonathan Hayes for being not passable ; likewise the mill way to Darby Creek, to be cut both in the township of
1 See map of early settlements.
4
168
HISTORY OF DELAWARE COUNTY.
[1688.
Marple." This refers to the earliest erected mill on Cobb's Creek, known as " Haverford Mill."
The Grand Jury of this year fully maintain the character of that tribunal in these times, for vigilance and diligence. Be- sides what has been mentioned, and a variety of other present- ments, all the roads formerly laid out were reviewed by them, without being more definitely located, or having their routes materially changed. A new road was also laid out from Thorn- bury to Middletown.
Notwithstanding the kind feelings that had been cultivated between the natives and the English settlers, the latter were not entirely free from apprehensions of danger. This is shown by a great alarm that prevailed this year, which was caused by two Indian women of New Jersey, communicating to an old Dutch inhabitant near Chester, the report of an intended insurrection of the Indians, which was to happen on the next fourth day of the week. Several influential Friends, being sensible that no reasonable cause for such an attack could exist, endeavored to appease the people. But the apprehension of danger, as is usual, increased the evidence of its existence. About 10 o'clock on the night preceding the dreaded day, a messenger arrived at Chester, out of the woods, and told the people that three families, about nine miles distant, were all cut off by the Indians. A Friend, then at Chester with two young men, about midnight proceeded to the reported scene of the outrage. They found empty houses, but no evidence of murder ; their occupants under the prevailing alarm, having fled to the houses of their parents at Ridley Creek. The master of one of these families, being from home, had been informed that five hundred Indians were actually collected at Naaman's Creek in pursuit of their design to kill the English. So much was he alarmed, that as he was approaching his house, he imagined he heard his boy crying out " What shall I do, my Dame is Killed." Instead therefore of going to his house, he ran off to acquaint the government at Philadelphia, but was persuaded to return. The report, how- ever, soon reached the city, when a messenger was immediately dispatched to Marcus Hook to inquire into the truth of it. He quickly returned with a confirmation of the report in a varied form-the 500 Indians were at an Indian town on the Brandy- wine ; and having a lame king, they had carried him off together with all their women and children.
The Council were sitting in Philadelphia, when one of them,1
1 Proud, from whose history this account has been substantially copied, supposes this member to have been Caleb Pusey, but Caleb was not a member of Council that year. He was a member of the Assembly in 1687. There is no reference to an Indian insurrection in the minutes of Council for 1688, but the minutes for 1689, show that considerable alarm existed on account of an anticipated attack from both the French and the Indians.
.
169
HISTORY OF DELAWARE COUNTY.
1688.]
who lived in Chester County, voluntarily offered himself to go to the Indian encampment, provided five others were named to accompany him ; and to proceed without weapons. This being agreed upon, the party rode to the place designated ; but instead of meeting with 500 warriors, they found the old King quietly lying with his lame foot on the ground, and his head on a pillow -the women at work and the children at play. When informed of their mission, the old man was displeased, and said the Indian women who raised the report ought to be burnt to death ; adding that the Indians had nothing against the English, but at the same time reminded the men, that about £15 was still due on the land that had been purchased from them ; which the messen- gers assured him should be paid. Thus terminated the most serious Indian trouble that ever befell the European inhabitants of the land now embraced within the limits of Delaware County.
At the earnest solicitation of Thomas Lloyd, to be released from the cares of government, that worthy gentleman, with his associated Commissioners, was this year superseded by the ap- pointment, by William Penn, of John Blackwell as his Lieute- nant Governor.
Besides the Indian conveyances that have already been no- ticed, there was still another executed, in 1685, for all the lands "lying between Macopanackan als. Upland, now called Chester river or creek, and the river or creek of Pemapecka, now called Dublin creek, Beginning at the hill called Conshohocken, on the River Manaiunek or Skoolkill, from thence extends in a paralell line to the said Macopanackan als. Chester creek, by a South- Westerly course, and from the said Conshohocken hill to ye afore- said Pemapecka, als. Dublin creek so far as the creek extends, and so from thence North westerly back into ye Woods, to make up Two full Daies journey as far as a man can go in two dayes from the said station of ye sd paralell line at Pemapecka, also begin- ning at the said paralell Macopanackan, als. Chester creek, and so from thence up the said creek as far as it extends; and from thence North Westerly back into the Woods to make up Two full Dayes Journey, as far as a man can go in two dayes from the sd station of the sd paralell line at ye sd Macopanackan als. Chester creek."1
Some delay occurred before arrangements were made for ascer- taining the western boundary of the above strangely described purchase ; but when made, it will be seen by the following letter and annexed diagram, that it was not without ample prepara- tions for obtaining the greatest possible distance out of the "two full Daies Journey :"
1 Penn. Archives, i. 92.
170
HISTORY OF DELAWARE COUNTY. [1688.
" Philadelphia." " To my very louing friends, Shakhoppoh, Secanning, Malebore, Tangoras, In- dian Kings, and to Maskecasho, Wawarim, Tenoughan, Terrec- ka, Nessonhaikin, Indian Sakemakers, and the rest concerned."
" Whereas I have purchased and bought of you, the Indian Kings and Sackamakies for the use of Governor William Penn all yor land from Pemapecka Creek to Upland Creek and so back- ward to the Chesapeak Bay and Susquehanna Two days Journey, that is to say as far as a man can go in two days, as under the hands and seals of you the said Kings may appear and to the end I may have a certain knowledge of the lands backward, and that I may be enabled and be provided against the time for Run- ning the said two days Journey, I do hereby appoint and author- ize my louing friend Benjamin Chambers of Philadelphia, with a convenient number of men to assist him, to mark out a Westerly line from Philadelphia to Susquehannah, that the said line may be prepared and made ready for going the said two days Journey backward hereafter, when notice is given to you the said kings or some of you at the time of going the said line, and I do hereby desire and require in the name of our said Goven" Penn that none of you said kings, Sakamakies or any other Indians what- soever that haue formerly been concerned in the said tracts of land, do presume to offer any interruption or Hindrance in making out this said line, but rather I expect yor furtherance and assist- ance, if occasion be herein, and that you will be kind and loving to my said friend Benjamin Chambers and his company for which I shall on the Govern's behalf, be kind and loving to you here- after as occasion may require.
Witness my hand and seal this 7th day of the 5th mo. called July, being the fourth year of the reign of our great King of England &c. and 8th year of our Proprietary William Penn's go- vernment.
THOS HOLME."
This document is certified by Jacob Taylor, as being " a true copy from the original."1 The diagram, which is without date, was probably made from a survey executed this year, and in pur- suance of the foregoing notice. It shows that the line run passed directly through this County ; the dwellings of four well-known early immigrants being marked on it within the limits of Dela- ware County.2
1 Surveyor-Gen. office, Harrisburg, " Old Surveys and Register of Land Warrants," Book 14.
2 The starting-point of the line run for the two days' walk, as indicated by the dia- gram, does not seem to correspond with the decd, and the course of the line, as is shown by " A map of the South East part of Pennsylvania," by John Taylor, on file in the Surveyor-General's office, was due west. Still the walk might not have com- menced at the beginning of the line, and a little variation in the course was not a matter of much consequence to the Indians. The dwelling marked " Thos. Pearce " on the diagram, was the residence of Thomas Pearson, the maternal grandfather of Benj. West, the painter.
Fort Demolished
66
0 05
0 64 Rivulet
Concotogan R 25 being 12 perches
RIVER
SUSQUAHANA
to
Mout
32 Raccoon Rivulet 62 O Revulet 61 0 59 . 58 0 57 3 30- Paquarck & 6 55 o +6 8 54 · 53 Of Prospect Hill 0 37 · 49 0 45 Long Meadow This Road beareth N 83W being 63 Miles from Philada by Delaware to Susqu " Rivel 47 Blackberry Brook 0 43
3 41 West Brook Meadow
Grape Brook Valley
0 42
+7
Indian Path marked
9 38
Rıvulet
0 37
36 0 .
SAG Doe Run
35
34
o 33
32 Buck Run
· 30
৳ 29
· 28
· 27
Huvulet
6 26
o 25
- Rwvulet
0 24
North Branch of Brandywine
· 23
en Rivulet
@ 22
. 27
Rocky Revulet
@ 20
0 19 Chester Ck 2
Naman's
0 10
Rocky Run
Foot_
= Riv ulet
R.
· 13
Ridley or Priest Ck . 3
· 12
Crom Creek 3
9 10 Rivulet
Thof Pearce A
À Fran. º Stanfield
8
Derby Creek +
2 6 H ™Garret
A Rob Vaylor
Sweedes Mul R ?
03
2
Claytons Mul R 1
Sculkill R
Bowen & to uth Philada.
A 46 W 30 Miles from Rivers Mouth to M' End of Susquehanna Road
DIAGRAM
of a. line run due West, preparatory to ascertaining the Western boundary of a tract of land purchased from SHAKHOPPOH and other Indians in 1685.
N Wby W
Path
Marcus
DELAWARE
171
HISTORY OF DELAWARE COUNTY.
1689.]
Bartholomew Coppock was elected a member of the Provincial Council this year.
Towards the close of the year 1688, Governor Blackwell issued a new commission to the Justices and Sheriffs of the several coun- ties. Those of Chester county had continued to act under their old commissions, which coming to the ears of his Excellency as he passed through Chester, he availed himself of the opportunity afforded by the next meeting of Council to reprimand John Simcock, John Bristow and Bartholomew Coppock, jr., who were Justices of the Court as well as Members of Council. After de- bating the matter "it was thought advisable, and agreed that a General Sessions should be called," specially for the purpose of making proclamation of the new Commissions of the Justices of Chester County. This took place on the 19th of the 1st mo., (March) 1689, when the Commissions constituting John Simcock, John Bristow, Bartholomew Coppock, jr., John Blunston, George Maris, Francis Harrison and Nicholas Newlin, Justices, and Joshua Fearn, Sheriff, were read and published in due form.
Notwithstanding the line run in 1685 between Philadelphia and Chester Counties, put Haverford and Radnor in the latter county, the Welsh inhabitants of those townships refused to re- cognize the validity of the division. This led some of the Justices and other inhabitants of Chester County to petition the Governor and Council on the subject. In their " Humble petition," they represent the county as " a small tract of Land, not above nine miles square and but thinly seated, whereby ye said county is not able to Support the Charge thereof," and after reciting the division line run in 1685, ask that it may be confirmed, so that "the County of Chester may be in some measure able to defray their necessary Charge."1
Nothing could be produced as authority from Penn for estab- lishing the line, except verbal statements made to different persons shortly before he returned to England. The Governor required the persons to whom these statements had been made, to put them in writing :2 which being done, and Holme's map examined, the Governor and a majority of the Council expressed opinions adverse to the pretentions of the Welsh inhabitants. It was asserted that the Welsh had also "denyed themselves to be any part of the County of Philadelphia, by refusing to bear any share of the charges, or to serve in the office of jury's, and the like as to ye County of Chester ;- that the pretence thereof was they were a distinct Barrony, wch though they might be, yet that several Barronys might be in one and ye same County."3
1 Col. Rec. i. 263.
2 These statements were made by John Blunston, Randal Vernon and Thomas Usher. Ib. 264. 3 Ib. 265.
172
HISTORY OF DELAWARE COUNTY.
[1689.
Upon the application of Thomas Lloyd for a hearing, the sub- ject was postponed till the next day, when he, in conjunction with John Eckley, appeared on behalf of the Welsh, but not being provided with anything but verbal testimony, that Penn had intended the Welsh Tract as a Barony or County Palatine, as was contended by Thomas Lloyd, the decision of the Gover- nor and Council was a confirmation of the original line.
It is a remarkable circumstance that Penn's warrant for lay- ing out the Welsh Tract, already given, was not adduced in this controversy, as it certainly recognizes the idea of a Barony.
Notwithstanding the decision of the Governor and Council, our Welshmen were not yet ready to yield the point. In an election for a member of Council and six Assemblymen for Philadelphia County, 50 or 60 persons of the townships of Haver- ford and Radnor, gave their votes by ballot with the freemen of the said county. The Governor and Council having decided that these townships were in Chester County, they "resolved yt ye Election of Jon Eckley (the member returned) was not a good Election according to ye Charter ;" whereupon a writ was issued for another election.
In this election the freemen refused to vote by ballot, but viva voce, confirmed the election of Jolin Eckley, unanimously. Some of the discussion that ensued in Council upon the validity of this procedure is given, as it explains the manner in which elections were conducted by our ancestors in these primitive times. After several members lad expressed themselves satisfied with the return, "the Governor sayd: The former Election has been already determined not to be a good Election, and there- . fore that cannot be insisted upon."
" John Curtis sayd : I think it was a very fayre Election. In other places we are generally chosen by the Vote : and I think where they are unanymous, there needs no controversy."
" The balloting box is not used in any other place but this county. We are elected by vote."
"Griff. Jones answered, That was a mistake, for it is used at upland & all the Lower Countyes, by black and white beanes, put into a hatt, weh is a balloting in his sense, & canot be denyed by the Charter when it is demanded."1
What a contrast between this simple mode of exercising the elective franchise by means of "black and white beanes," and the scrutinizing and expensive method that the dishonesty of poli- ticians and the scramble for office have forced us to adopt in these latter days.
The Welsh troubles are now transferred from the Council Chamber to the Court at Chester. The Court made an order
1 Col. Rec. i. 282.
173
HISTORY OF DELAWARE COUNTY.
1689.]
appointing John Jerman Constable for Radnor, and John Lewis for Hartfort, [Haverford, ] but these gentlemen did not come forward to be qualified into office. At the following Court, it was "ordered that warrants of Contempt be directed to the Sheriff to apprehend the bodys of John Lewis and John Jerman for their contempt in not entering into their respective offices of Constable (viz) John Lewis for Hartfort, and John Jerman for Radnor, when thereunto required by this Court."
David Lawrence had been returned as a Grand Juror from Haverford, but refusing to attend, was presented by that body and fined 10s. They also " do present the want of the inhabi- tants of the townships of Radnor and Hartfort and the in- habitants adjacent, they not being brought in to Join with us in the Levies and other public services of this county."
At the June Court of this year, the commission of William Howell, of Haverford, as a Justice, was read and published, and "he did afterwards subscribe to the solemn declaration, pre- pared by the 57th Chapter of the great law of this province ;" at the same Court William Jenkins, of Haverford, served as a Juror, and at the December Court, John Jerman was attested
Constable for Radnor. This is the first official recognition by any of the inhabitants of these townships, that they were sub- jeet to the jurisdiction of Chester County. They seem to have given up the idea of a Barony, and with as good a grace as pos- sible, submitted to the authority they were unable any longer to resist. By the close of the year, these townships were supplied with a full set of township officers, being the first appointed within their limits.
The King's road between Namaan's Creek and Chichester Creek, " not being cleared of logs," became a subject of present- ment by the Grand Jury ; also "the want of a foot bridge over the mill creek between this County and Philadelphia, it being the King's road."
In their watchfulness over the interests of the County the want of a proper accountability on the part of disbursing officers, did not escape the notice of the Grand Jury. In a presentment they ask for an account in detail-showing payments on account of the Court-house and prison, the poor, Wolve's heads, Council- men's fees, &c.
The Clerk is presented for extortion, and they likewise present, "as a general grievance of this County the want of a standard to try both dry measure and liquid measure," for they say "some are too big and others are something too little." They recom- mend the "Winchester measure."
New modes of punishment for crime are constantly introduced : T- L-, a servant, for counterfeiting pieces of eight, is
174
HISTORY OF DELAWARE COUNTY.
[1689.
sentenced, " to stand at the public place of correction at the town of Chester, two several Court days, 3 hours each day, with a paper of his crimes, written in capital letters affixed upon his breast." This punishment became what was known as "Stand- ing in the Pillory." This is the first instance of its infliction, and that name is not applied to it in early times.
It was at the August Court of this year that the appointment of a jury of women was made. It is the only instance found in the Record. The infliction of corporal punishment had become very general in cases of crim. con. When pregnancy had ensned the punishment was delayed ; and it was to decide a question of doubt in a particular case that the female jury was empanneled. " They make their return that they cannot find she is, neither be they sure she is not." The result showed that the punish- ment was properly delayed.
The freedom of speech was very much restricted in these early times. Prosecutions for slandering the officers of the Pro- vincial Government, or the Justices of the Court, were of frequent occurrence. In most instances the criminal expressions were nothing more than the wild ravings of drunkenness, or the boastful expressions of weak men who sought notoriety. For "speaking or uttering slanderous and dishonorable words against the life, person, and government of the chief Proprietary, Wil- liam Penn, as also against the life and person of this present Go- vernor, John Blackwell, Esq.," the defendant upon his own con- fession was fined £5. "For defaming John Simcock one of the people's representatives in the Council, in the words that he was drunk at the last Court at Chester, the party was bound to his good behaviour, & was to set up a paper of what his crime was."
At the June Court of this year, the Grand Jury laid out a landing place and open street for the service of the County as follows: "beginning at the Northwesterly corner of the court house to low water mark, by Chester Creek and so of the same breadth by the said creek down to the Delaware River to low water mark, thence and also from the first mentioned corner of the Court house a public street 30 foot wide through Chester town."
Appraisements of the effects of decedents were made to the Orphans' Court. The names of some articles included in the inventories, sound strangely to us of this day, and the value put on others is equally remarkable. Thus, 1 doz. trenches is valued at 1s ; 4 quaifs at 2s; 7 petticoats at £3; one pair of stays & two green aprons, at £2 10s, and a cow and calf at £1 10, &c.
Previous to 1689 the Records of the Chester Court furnish no instance of imprisonment as a punishment for crime, for a period longer than a few weeks. This year there was a sentence for a year's imprisonment, in addition to corporal punishment.
175
HISTORY OF DELAWARE COUNTY.
1689.]
John Simcock was re-elected to Council from Chester County, and the name of George Foreman appears as Sheriff. William and Mary were proclaimed King and Queen in 1689.
Probably nine-tenths of the population of the County were, at this time, members of the Society of Friends, and their plan of accomplishing marriages had become so common, that it came to be looked upon with favor by persons not in membership, who indeed, sometimes asked and obtained permission to be joined in marriage in that way. Chester Monthly Meetings had permitted a marriage where one of the parties to it, "owned himself to be none of us, yet was willing to submit to the order of Friends." In Haverford Meeting, marriages of persons not members appear to have been allowed, as a matter of course,1 but in Chichester and Concord it appears from the following extract from the minutes of their meeting, that such parties were subjected to rather an embarrassing examination previous to permission being granted to proceed.
It was proposed by friends to the young man and woman : " 1 st Whether he did believe that was the truth which we professed, and walked in according to our measure-further showing that if we did not walk in the truth according to our measure given to us, we were but a community of men and women and not a Church of Christ-and then marriage would be as well by the law of the Province as among us ; and your coming to us to propose your intentions of marriage and desiring our consent is as we are a church, which we cannot be without we walk in truth- Therefore whether thou dost believe that is the truth we profess, to walk in? His answer was yes he did believe it. Also the young woman was asked the same, Her answer was, I do be- lieve it."
" 2nd Whether you do believe that this way of marriage among friends is according to the order of Truth ?"
1 The following is a copy of the certificate of such a marriage in Haverford meeting : " Haverford the 17th day of the ninth
month in the year 1687."
"This is to certify all whom it may concern, that the day and year above written, Daniel Thomas late of Haverford aforesaid, together with Elenor Vaughan of the same, eame to the meeting of God called Quakers, where they solemnly declared that then and there they took each other as man and woman, mutually promising faithful- ness to each other in their respective stations, and so to continue nntill death them part. Having formerly made known their intentions to their neighbors and at several of or meetings, and further desire of certificate, who being present accordingly subscribe or names."
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