USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 21
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" Lewis David Ellinor Lawrence
Daniel Thomas Ellinor Thomas"
James Thomas Sarah Rhydrth
David Lawrence Given Thomas
Morris Llewelin John Richard Daniel Lawrenee
ffrancis Price
Sarah David
Mary Llewelin
Richard Hayes David Llewelin
176
HISTORY OF DELAWARE COUNTY. [1690.
" 3rd Whether you do believe it is your duty thus to proceed ? they both answered-yes."
"Friends said as Paul to the Church of the Romans-Chap. 14-1-Him that is weak in the faith receive you, but not to doubtful disputations."
" Whereupon friends left them to proceed according to the good order of truth, they having their parents consent thereunto."
However much the people of England were benefited by the accession of William and Mary to the Throne, to Penn the change was the source of great trouble, serious disappointments, and, no doubt, of pecuniary loss. From having been the friend and favorite of the deposed monarch, James II., he came to be a sus- pected person under the new government ; and, without having committed any offence, he was subjected to all the inconveniences that suspicion brought upon its victims at this period of alarm and distrust. He was arrested, held to bail, examined, dis- charged, re-arrested and imprisoned ; and eventually driven into retirement. But his private interests suffered most ; and parti- cularly in having his matured arrangements for returning to Pennsylvania frustrated. His interests here had been greatly neglected, especially in the collection of quit-rents. As a con- sequence, more stringent instructions for their collection became necessary.
The too rigid enforcement of these instructions gave rise to dissatisfaction, which, in some instances, was not without reason. This was particularly the case in the Welsh Tract, where the Commissioners insisted that the purchasers within its limits should pay the quit-rent on the whole 40,000 acres because it had been surveyed, or that others than Welshmen should be allowed to take up lands within the bounds of the Tract.
The excuse offered by the Commissioners for this stretch of their power, was the great damage the Proprietary had sustained from the want of seating and improving the Welsh Tract, and " the loss and hindrance to the well seating and strengthening the province." These allegations were destitute of truth, for up to this period the legitimate settlements within the Welsh Tract had progressed as rapidly as in other directions; and notwith- standing the Commissioners, upon the refusal of the Welshmen to pay quit-rent on the whole Tract, granted patents to others within its bounds, the immigration from Wales was sufficiently rapid to substantially settle the whole territory allotted to them by Penn, as early as the adjoining districts were peopled.
The pathetic appeal made by Griffith Owen and other inhabi- tants of the Welsh Tract against the unwarrantable proceedings of the Commissioners is worthy of particular notice, as it fully explains the peculiar kind of community our Welsh ancestors
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HISTORY OF DELAWARE COUNTY.
1690.]
had hoped to establish in the land of their adoption. They say :
" Wee, the Inhabitants of the Welsh Tract, in the Province of Penna, in America, being descended of the Antient Britains, who always in the land of our Nativity, under the Crown of England, have enjoyed that liberty and priviledge as to have our bounds and limits by ourselves, within the which all causes, Quarrells, crimes & titles were tryed & wholly determined by officers, magistrates [and] Juries of our own language, which were our equals. Having our faces towards these countries, made the motion to our Gov: that we might enjoy the same here, weh thing was soon granted by him before he or we were come to these parts."
They then recite the fact of the grant and survey of the 40,000 acres, upon which they say there were already near four score settlements, besides "several scores of their men servants who vere very desirous to have out their head land," and that some of their friends had been here awhile, and had returned for their families, friends and relations, &c .; "and now," they say, " to deprive these of their lands & Libertys which they depend upon when coming here, (& that in their absence,) we look upon it to be very unkind Dealing, like to Ruin many Families, as also a subtell undermining to shutt that Door against our Nation, which the Lord had opened for them to come to these Countreys, for we can declare with an open face to God and man that we desired to be by ourselves for no other End or purpose, but that we might live together as a Civill Society to endeavour to deside all Controversies and debates amongst ourselves in Gospel order, and not to entangle ourselves with Laws in an unknown Tongue, as also to preserve our Language, that we might ever keep Cor- respondence with our friends in the land of our nativity. There- fore our request is that you be tender not only of violating the Governor's promise to us, but also of being instrumentall of depriving us of the things which were the chief motives and in- ducements to bring us here," &c.1
The Commissioners having prejudged the case, their answer was of course not satisfactory, and the land within the Welsh Traet was thrown open for settlement to others besides the de- scendants of the "Ancient Britains," but the number who em- braced the opportunity was not large.
John Blunston having declined to serve any longer as a mem- ber of Council from Chester County, William Howell was elected to serve in his stead. What is remarkable in the return of this election is, that it is signed by all the Freeholders who voted, the number being 29.2
I Penna. Archives, i. 108.
2 Ibid i. 115. William Howell also declined serving. 12
178
HISTORY OF DELAWARE COUNTY.
[1690.
Upon the petition of David Lloyd, " a road or street was laid out from his plantation to Chester Creeke to the public landing place," as follows :
" Chester, this 4th of the 4th month 1690 .- We the Grand In- quest do lay out a street 30 feet wide, the one half of this public street to be on one side the line dividing betwixt David Lloyd's and the Green L. C. one half on David Lloyd's Land, the other half on the Green's side, note that this street begins at the public landing place at Chester Creek, and ending at the further side of Joseph Richards his lot near David Lloyd's house ; note also, that if any part of the 15 foot on David Lloyd his side, which is laid out for the street, it must so remain."
The street thus laid out is now known in the borough of Chester as Filbert street, and we are thereby enabled with great precision to locate " the Green," a plot of ground well known at this period, and for some time afterwards, by that name. This Green was Church land, and was no doubt secured by the Swedes in anticipation of the erection of a church at Upland. It is included in a patent1 for a larger tract granted to " Rev. Laurenty Caroly minister to the Swedes," April 8th, 1669. This patent includes the whole river front from Upland Kill to " Prissers Kill," and is referred to as "the minister's land," in a patent granted to Jurian Kene on the 4th of August of the previous year.
"The Green" does not appear to have had any definite bounds till the 11th of the 7th month, (September,) 1684, when, upon a warrant of survey, a plot of nearly five acres in the form of a parallelogram, extending 12 perches along the east side of Upland Creek, and 65 perches along the river, was sur- veyed and laid out "unto Swedes in Upland township."2 It will be seen, hereafter, how this Church Glebe came to be appro priated to secular uses.
John Hoskins was presented by the Grand Jury for trespassing "upon the County's land belonging to the prison house in Chester."
"James Sanderlands being called and examined about the above said land, declareth that he did give all that land on which the prison now standeth between the street and the creek, at the first beginning of this Government, for to build a prison upon."3
1 Albany Rec. " Abstract of Patents," ii. 57. See Appendix, Note C.
2 The description in the Survey is as follows : " beginning at a corner post standing by Upland Creek, being a corner of Eusta Anderson, and thence by the same S. 72º E. 65 per. to a corner post, thence S. 21° E. 12 perches to a corner post by - House by Delaware river, thence down the several courses thereof to the mouth of the said Upland Creek, thence up the same to the place of beginning." It is marked " A tract of the Sweeds in Upland township .- See Book B, No. 3, Surveyor-General's Office, Har- risburg.
3 This would seem to indicate that the first prison erected was not connected with the Court-house, but doubtless stood on the same lot nearer the creek. Front street, when laid out, passed between the Court-house and prison.
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HISTORY OF DELAWARE COUNTY.
1690.]
This year Thomas Person [Pearson] and Peter Worrall were appointed "fence viewers," and as a consequence of this step in the road of improvement, John Thomas of Marple was pre- sented by the Grand Jury "for keeping unlawful fences, and disturbing his neighbor's cattle."
" Bethel Hamlet" is also presented, " for not repairing the bridge in said Hamlet."
The Kings road crossing Chester creek at the head of tide, there was no public road extending directly from Chester to Chichester (Marcus Hook). With the view of rendering the intercourse between the inhabitants of those places less difficult, the Grand Jury laid out " a foot way six foot wide from Chester creek over against the common landing place unto Chichester creek."
"A deed of foefment was delivered in open Court by Thomas Powell unto Peter Taylor and Randall Maylin in the behalf of several others for a parcel of land lying in Upper Providence, for the use of a burying place, bearing date the second day of the seventh month 1690." This aere now constitutes Sandy Bank grave-yard.
No one can examine these early Records of Chester County Court without discovering that there had been an increase in the higher grades of crime. Persons of bad character had smuggled themselves into the Province with the early settlers, or had been banished from the neighboring Counties or Pro- vinees. With this increase of crime, more severe and more revolting punishments were resorted to. Whipping with " 39 lashes well laid on his bare back at the cart's tail," was the sentence of a servant man in Chichester for stealing 14 dressed deer skins; and, in addition, he was directed to be sold for eight years for his fine, costs, and to repay the losses occa- sioned by a former larceny. Banishment for collusion with a horse thief, and a forfeiture of one half of the defendant's estate, in addition to one year's imprisonment, for adultery, were also among the sentences of this year.
At the September Court, the name of Joshua Fearne appears both as a Justice and as Clerk of the Court.
The disputes between Governor Blackwell and his Council were so frequent, that Penn was obliged to make a change in the executive department of the Government. The executive duties now devolved on the Council, with Thomas Lloyd as President. This change rendered a new appointment of Justices in the several counties necessary. The following persons were appointed for Chester County; John Bristow, John Beaven, John Blunston, Nich. Newlin, ffrancis Harrison, Sam11. Levis, James Sanderling, Wm. Howell, Jo8. ffearne.
180
HISTORY OF DELAWARE COUNTY. [1691.
It was resolved and ordered by the Council this year, "that each county shall hencefforward Elect or give their Suffrages according to Charter, viz .: by ye ballat." This mode of election has ever since prevailed in Pennsylvania.
The Friends' Monthly Meeting of Chester, now composed of the four particular meetings of Providence, Middletown, Spring- field, and Chester, became more earnest in respect to the erection of a meeting-house on the lot that had been purchased for that purpose. A committee for each meeting was appointed to collect the necessary funds, and in the commencement of the following year it was agreed, "that John Bristow and Caleb Pusey do forthwith agree with and employ workmen in the building the meeting house at Chester, (with stone) on the place that was formerly bought for that purpose; the situation of which, as also the manner of building the same, is left to their own discretion, and that this meeting do defray the charge of the same,1 so that it exceed not above one hundred pounds, and that there be one convenient chimney at the least, and that the said John Bristow and Caleb Pusey do give account of what they have done."
The Welsh inhabitants of Haverford and Radnor have, at length, fully submitted to being annexed to Chester County. The names of several from those townships appear as jurors, and that of William Jenkins, of Haverford, as a Justice of the Court.
David Lloyd appeared on behalf of the recusant Welshmen, and assured the Court, "that they were willing to pay according to their proportions from the time they have been legally in this county ; and after some debate it was agreed and acknowledged by David Lloyd, that the Welsh who are reputed to be within the bounds of Chester County, shall contribute towards paying the tax, the same being assessed and levied upon them as upon the inhabitants of Chester County according to due proportion & priority of residence and settlement, the inhabitants of the County of Chester indemnifying them the said Welsh from paying in Philadelphia and be at the charge of altering the patents and deeds which mention Philadelphia2 instead of Chester County ; provided that such their contribution to the said tax shall not be prejudicial or made use of to debar them of any privileges the Proprietor is or shall be willing and capable to grant or confirm unto them." Thus ended the Welsh difficulty ; and although
1 The first subscription for building this meeting amounted to £56 7s., and was made by 54 persons.
2 In nearly all the early conveyances of land in Haverford and Radnor, it is described as being in the " Welsh tract," and some of them also mention that the land is in the County of Philadelphia ; but the author has never seen that any alteration or change has been made in any of these old title papers.
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HISTORY OF DELAWARE COUNTY.
1691.]
the result was not in the end really prejudicial to the inhabitants of the two townships, it was certainly in violation of a solemn promise made to many of them before leaving their native coun- try. The Welsh people, though placed in two municipal districts, in each of which they were greatly in the minority, did not for a long time lose their distinctive characteristics. The Welsh lan- guage prevailed for many years; and if tradition is to be relied upon, there were many Welsh Quakers who could not understand William Penn when he preached at Haverford meeting in 1700-1.
The strict impartiality with which the Grand Juries acted has been mentioned. As an instance of this impartiality, Caleb Pusey was foreman of the Grand Jury this year, and yet we find his name included in the following presentment :
" We the Grand Jury present, Richard Parker, Caleb Pusey, George Foreman, James Sandilands, John Hoskins & Roger " Jackson, for selling Beer &c. without license contrary to law.'
The following presentment contains the first intimation of the existence in the county of the instrument of punishment to which it refers: "We [the Grand Jury] also present Edward Eglinton for breaking the Stocks in the town of Chester, and unlawfully letting out a prisoner against the Peace of the King & Queen &c." It will be seen hereafter that stocks were established at other places besides Chester. Punishment by means of the stocks was mostly for petty offences, and was inflicted by authority of a magistrate or chief Burgess of the village in which they were " set up." This punishment rarely forms any part of a sentence of the Court.
The very temporary character of the prison erected since the establishment of Penn's Government, a period of about ten years, may be judged of from the action now taken by the Court in re- spect to the erection of a new one.
" The want of a prison having been presented by the Grand jury it was this Court (Oct. 1691) debated concerning the build- ing of a new prison and work house for felons; and it was agreed by the Court that one should be builded, eighteen foot and twenty six foot, all builded of stone, and John Bristow and James Sandi- lands are intrusted and impowered by the Court as near as they can to complete the charges and make return of the same at the next County Court." It will be seen that this order of Court was not carried into effect.
Heretofore, it has been the practice for the Justices of the Court to hold an Orphans' Court at specified times, when the other Courts were not in session. The present mode of proceed- ing is now initiated, with the exception that when the Court turns its attention from other business to that properly cognizable by the Orphans' Court, the record informs us that " An Orphans'
182
HISTORY OF DELAWARE COUNTY.
[1692.
Court was called." This tribunal was also charged with various duties, that would be rather onerous upon Orphans' Courts of the present day. The inventories and accounts of Executors and Administrators were brought into Court for personal examina- tion by the Justices, and, as " father of the poor," they put out apprentices. An instance occurs this year, in which two minors, a boy and a girl, were put out till they were twenty-two years of age.
Making base coin appears to have been a common offence dur- ing the early settlement of the Province. At the last Court of this year, - of Haverford, was presented, not only for making base pieces of coin, but "for making stamps for others."
A road had been laid out from Marple to Chester. In 1691 the Grand Jury extended this road from a point not very distant from Rhoads' tan-yard in Marple to a point near Radnor meet- ing-house. As nearly as can now be ascertained, the route of this road passed along the present Springfield road to the road that passes the Drove tavern; thence by the Presbyterian meet- ing-house to Darby Creek, through a valley, the jury says, " called the dry hollow." The road then occupied the bed of the present direct road to the meeting-house; the route does not appear to have been varied in the least on account of hills. The Grand Jury also laid out a road, "from the King's road in Darby township to the landing place at Calein Hook."
In 1691, the three lower counties were separated from the Province, much to the regret of the Proprietary. He appears, however, to have yielded his assent to the separation, by com- missioning Thomas Lloyd as Governor of the latter, and William Markham of the former.1
As serious as has been the disagreements between those with whom the government had been entrusted, and which brought about its division, the elements of discord of a still more serious character, had gained a footing in the religious society to which a very large proportion of the inhabitants of the province were attached. This doctrinal feud was introduced into the Society of Friends by the teachings of George Keith, a man of ability and education, who had been an eminent minister amongst them. The Quakers of this county, always alive to every thing that affected the interest of the Society, took an active part in the controversy, and though many took sides with Keith, there was no division that resulted in the establishment of separate meet- ings within our limits.
In June, 1692, a meeting of Public Friends, in Philadelphia, issued the famous Testimony against George Keith, which was confirmed by the Yearly Meeting at Burlington, held in Septem-
1 Proud's Hist. Penna. i. 357.
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HISTORY OF DELAWARE COUNTY.
1692.]
ber.1 This document was signed by George Maris, Joshua Fearne, John Simcock, John Blunston and Walter Fawcet, min- isters of the Society residing in Chester county. Previous to the time of issuing this testimony, no notice appears in the minutes of any of the Monthly Meetings of Chester County on the subject of the controversy.
Friends now begin to give their attention to the subject of schools. At a monthly meeting, held at Darby the 7th of the 7th mo. (September), it was agreed, " that Benjamin Clift is to teach scoole, Beginge ye 12th of ye 7th mo : and to continue one whole yeare, except 2 weckes." The annual salary of this worthy teacher, as appears by an agreement for employing him another year, was but £12. He probably boarded with his employers.
Up to this time the supervisors of the highways were appointed by the Court, when the Justices ordered, "that every respective township within this county, for the future, from time to time, shall within themselves appoint supervisors and fence viewers, and make returns of the same to the County Court from time to time." Our Justices did not hesitate to legislate a little, occa- sionally, in these early times.
It was not uncommon for the Court to notice abusive words spoken against any of its members. This practice was in accord- ance with the spirit of the times, but was evidently unattended by any beneficial results. A. case, such as the following, could hardly be allowed to pass unnoticed at the present time :
M - was called to the bar to answer a present- ment of the Grand Jury, for abusing John Bristow and John Sim- cock, two of the King and Queen's Justices of the peace, in call- ing them a pack of Rogues, and the Jury was called & the said M- - did then, in open Court, affirm that the said partys was two of the greatest rogues that ever came to America. Where- upon the Court gave judgment that he pay a fine of five pounds & Costs of suit, &c. The said M- was also fined 5s. for swearing."
From the following proceedings, in respect to laying out a road in Chester, it may be inferred that a public Dial was set up in that town.
Upon petition of James Lownes, and others, the Grand Jury was authorized " to lay out a road to the Dyall post straitway to the road for the convenience of both town and country." This road was laid out and returned as follows :
" Beginning at the Dyall post and so running south 22 de- grees West to low water mark; then beginning again at the Dyall post aforesaid thence running North 22 degrees East up the King's road, which said road or street is to contam thirty
1 Proud's Hist. Penna. i. 365-368.
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HISTORY OF DELAWARE COUNTY.
[1693.
foot in breadth, and the said Dyall post is to be the western bounds thereof."
The same Grand Jury, at the same Court, made what they are pleased to term, "a return of a road to Thornbury." Being brief, the "return" is given as another specimen of the manner these early road viewers performed their duties:
"Beginning at a marked tree by Edward Carters, which was marked by a former Grand Jury, and so along a line of marked trees to John Baldwin's fence, and then by John's consent over a corner thereof through a corner of his field and so along to a black oak, being a corner of John Nield's land, and from thence down to John Nields field and by his consent over a corner thereof, and so through the creek, and up the hill, by Gilbert William's Barn."1
The order for the erection of a new jail and work-house, made by the Court in 1691, does not appear to have been enforced, and the Grand Jury again presents the want of such a building. The Court having considered this action of the Grand Inquest, "agreed forthwith to build a prison," and did "order John Sim- cock & John Bristow to take care for the building of the same; and that the sheriff take care to levie the fines due to the public in order to defray the charges of the prison."
The following order for a levy, made at the January Court of the following year, will show that the Sheriff had not been very successful in the collection of "fines due the public."
"Whereas the Grand jury have taken into consideration, the necessity of a prison, and the defraying of the charge of the county, have unanymously agreed to lay a levie for defraying the said charges as followeth, viz: Upon every male white and black from 16 years to 60, 3s .- every 100 acres belonging to per- sons resident, 3s .- and upon every 100 acres belonging to persons non-resident, 4s. 6d. ; and the Court considering of it agreed to the same, and doth order that forthwith warrants be issued out of the levie, the same in every township, by the respective consta- bles, one moiety to be paid, at or before the next County Court ; and the other moiety, at or before the first of the 9th month fol- lowing; and the constables shall [hold] a town's meeting to make assessment for levying the same; and when account is taken of Males and Lands, to return a duplicate of the same to Chester or Darby, when we will be at both places, for the ease of the country, Justices met to receive the same, upon the 13th day of the 12th mo. next." This is the first instance in levying a poll tax, where no distinction has been made between freemen and servants.
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