USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 25
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212
HISTORY OF DELAWARE COUNTY. [1704.
At the last Court in 1703 the Grand Jury presented "the old court house as being a nuisance to the town in case of fire, and also the chimney of Henry Hollingsworth in Chester town." In consequence of this presentment, the court "on deliberate consideration orders that the said house be pulled down, and that Jasper Ycates, Chief Burgess of the Borough of Chester, shall see the said order performed."1
Since the first settlement of the county, the sentences of im- prisonment, by the Court, have been very rare. For many years past there has been none until this year, when
was ordered "to remain in prison till he give security for his good behaviour."
The following is a sentence on a man servant of Richard Woodward, for stealing a horse, saddle, bridle and wearing ap- parel from Jonathan Munrow :
" That the said shall serve his said master and Jonathan Munrow, or their assigns seven years, (which time is to be equally divided betwixt them, and they to be at equal charge,) and to wear a T according to law."
" West town" makes its appearance as a township in 1703- its first constable being Richard Buffington.
The attention of the Justices was frequently called to matters that would now scarcely claim the attention of our courts. Thus, an apprentice boy complains that his master had not freely per- formed his duty in teaching him to read and write. The Court directs the master "to put the said servant to school one month, and to instruct his said servant another month."
An illegitimate child is brought to the Court, whose reputed father could not be found out. The Court ordered the child "to be called John Thorley."
Tavern licenses were granted by the Governor, but none could apply but such as were recommended by the Court. The appli- cation for these, "recommendations," were rather annoying.
At the May Court, this year, a commission from Governor Evans to Jasper Yeates, Caleb Pusey, Jeremiah Collett, Philip Roman and Jonathan Hayes was read, when they were qualified as Justices.
In the year 1701, an act was passed authorizing the erection of a bridge over Chester Creek, in the town of Chester, and ordering the justices of the county court of this county, "to lay out a road from the Kings road that leads to New Castle and Maryland, near as may be to Ralph Fishbourn-the intended place for a bridge over Chester Creek." The road was not laid out till this year, when it appears the bridge was completed.
1 An act passed in 1701, for the sale of this Court-house, shows that it had been "ruinated by fire " some time before.
213
HISTORY OF DELAWARE COUNTY.
1705.]
But another trouble presented itself ; for some of the inhabitants of Chichester "did declare, they would never cut nor clear" the said road. But the Court got round the difficulty by order- ing "the inhabitants of Chester with such others as are willing to assist them, at their own proper charge, for the more effectual answering the said law, and speedy accommodation of all travel- lers, to cut and clear the road as they had laid it out." The Chester people were very anxious for the road, and the work was soon accomplished, and a report thereof made to the next Court. The great thoroughfare, by land, from the north to the south now, for the first time, passed through Chester.
Application was made in 1704 to the Chichester and Concord Monthly Meeting of Friends, by John Bennet and Elizabeth Webb, " on behalf of the inhabitants of the upper part of Bir- mingham and Brandywine Creek," to have a meeting at the house of John Bennett. This application was granted and after- wards confirmed by the Quarterly Meeting. Birmingham meet- ing had its origin in the meeting thus established.
There appears to have been an unusually great rain on the first of May this year-so unusual that the circumstance is re- corded in the minutes of Chester Quarterly Meeting.
What is now known in the Society of Friends as a Prepara- tive Meeting, being a thing of recent introduction, Darby sub- mits the manner of their preparative meeting to the Quarterly Meeting for their approbation. They also make the inquiry, Whether persons intending marriage may appear by writing at the preparative meeting. The answer was: "they may not, but by themselves or friends."
Goshen, Whiteland, Willistown, Kennet and Marlborough now appear to be organized as townships, and return constables to the court.1
The law requiring applications to the Governor, for license to keep tavern, had the effect of lessening the number of legalized public houses. Some still persisted in selling liquors without license, but through the vigilance of the Grand jury, few were allowed to escape the penalty of the law.
The Court did not, in every instance, at once cut short the traffic in liquor by persons whom they could not cordially in- dorse. As an instance of the leniency of the Justices in this re- spect, John Test was recommended to the Governor "for a license to sell strong liquors by retail for six months and no longer, in consideration that he now hath liquors lying on his hand, which cannot, without great damage, be vended as is sup- posed in much less time." John Test kept tavern in Darby.
! Shortly after this time, New Garden, Uwchlan, and Bradford were organized as townships, but the precise date is not contained in the Record of the Court.
214
HISTORY OF DELAWARE COUNTY. [1706.
A Supreme or Provincial Court was held in Chester this year in which John Guest and Jasper Yeates officiated as Justices. This court declined to try an indictment for Burglary, on the ground that it had no jurisdiction in the case.
Instead of Grand Jurors holding their office for a year as formerly there is now a new Grand Jury called at every court. Many of their presentments have the form of regular indictments, but others bear unmistakable evidence of having been drawn up in the Grand Jury room, of which the following is a specimen :
" We the Grand Jury do present the want of a good lawful bridge over the Sweed's mill creek, and also over Darby creek, and also over Crum Creek, and to have the Queen's road made good, laid out according to law through Darby township & the township of Ridley to clear the road and mend the bridges."
At the close of the year 1705, an act was passed by the Legislature "to assure, grant and convey unto Ralph Fishbourne of Chester, Gent, one messuage, Cottage, house or Tenements and lot of land thereunto belonging, situate in Chester, in the county of Chester aforesaid, formerly known by the name of the old Court house, to hold to the said Ralph Fishbourne, his heirs and assigns forever." This Court-house was built in 1685 .- See Appendix, Note H.
Governor Evans was a young man, and was alike destitute of correct principles and good morals. He hated the Quakers, and in order to test their doctrine of non-resistance, he resorted to a trick so contemptible in character, that it should at once have insured his dismissal from office. With one French, who was stationed at New Castle, and others, he concerted a plot, to raise an alarm, by announcing the approach of hostile vessels. On the appointed day, (16th of May, 1706,) French sent a messenger to the Governor in the greatest haste, with the false news, which the Governor and others in the plot, pretended to believe, and did not fail to circulate far and wide. The Governor in order to play his part the better, rode through the streets of Philadelphia on horseback, with a drawn sword in his hand, in the greatest apparent consternation. This false alarm must have reached Chester before it reached . Philadelphia, but no document has been met with in which the subject is mentioned. By even- ing of the same day, the untruthfulness of the story became known, and its authors were glad to' hide themselves in order to avoid the just indignation of an insulted people.
The Great Southern road, as originally laid out, crossed Darby creek at nearly the same point where it now crosses-just at the head of tide. The place of crossing Crum, Ridley and Chester creeks was also at the head of tide water, and the main rout of the road had a general direction to suit these points for crossing
215
HISTORY OF DELAWARE COUNTY.
1706.]
the creeks. A bridge had been built over Chester creek at Chester, and the road had lately been varied at that point. Upon the petition of the inhabitants of the town and county of Chester to the Governor and council,1 Jasper Yeates, Caleb Pusey, Jeremiah Collet, Robert Barber and John Hendrickson, were appointed " to lay out the Queens road on as direet a line as may be from Darby to answer the bridge on Chester creek." At the same time the Council ordered, that "if there shall be occasion for building a bridge over any Navigable Creek or water, for the greater convenience of Travelling the said road, that such bridge shall be so built, that the same may in no wise hinder any boats from passing, either up or down such creek or water." The road was promptly laid out,2 in pursuance of this order of Council, and the Justices of the Court at once directed the Supervisors of Chester, Ridley, and Darby to be notified by the Sheriff, to clear the same. This does not appear to have been done; for, agreeably to a draft submitted to Council in 1747, by Joseph Bonsall and John Davis, scarcely any part of the road then travelled corresponded with the road laid out in 17063-the travelled road, except for a very short distance, being from twenty to forty perches or more south of that laid out in 1706.
By agreement between the Philadelphia and Chester Quarterly Meetings, Newtown Meeting was transferred to the latter. There was also a preparative meeting established at Notting- ham this year, by the Concord and Chichester Monthly Meetings.
Under directions from the quarterly meeting, action was taken in the several monthly meetings of the Society of Friends on the subject of grave-stones. The committees appointed on that subject by Chester Monthly Meeting, found but " six small stones to the graves." It was "the sense of the meeting," that they "be sunk or taken away." At Darby, where grave- stones appear to have been more common, the request for their removal was directed to the relatives of the deceased. The task was, therefore, very reluctantly performed, and in some cases the relatives disregarded a request so much at variance with their feelings. Eventually, the subject gave rise to considerable dissatisfaction in this meeting and others.
It does not appear to have been the practice, in early times, for the Society of Friends to keep a record of the voluntary relinquishment of membership. It is therefore impossible to
1 Col. Rec. ii. 236.
2 A draft of this road is on file in the Surveyor-General's Office, and in the Secre- tary of State's Office, Harrisburg.
3 Mr. Samuel Hazard kindly furnished me with a copy of this draft, the original of which is in the Secretary of State's Office, Harrisburg.
216
HISTORY OF DELAWARE COUNTY.
[1707.
ascertain the number who took sides with George Keith. Some of them returned to the Society, made an acknowledgment of- their error, and were kindly received. Others did not, and are spoken of in the Society as Separatists. Between these and the Society of Friends no very friendly feeling existed. In 1703, Newtown Meeting reported to Haverford Monthly Meeting, with which it was then united, " that divers that had formerly separated from Friends, desire to join with them in their bury- ing-place." It was the judgment of the meeting, " that they should not be concerned with them while they so continue." And again, this year, "W- T- of Newtown attending the funeral of a child of one of his neighbors, a Separatist, and one of the Separatists going to prayer, he unadvisedly took off his hat, which he acknowledges to be a scandal to the truth, and is sorry for it."
A proposition was made last year, to Chester Monthly Meeting, by the Goshen Friends, "for building a meeting house and having a Grave yard near Edgment road in Goshen," but no action was then taken. This year the proposition is renewed in these words:
"Friends of Goshen meeting laid their intention, of building a meeting house near Robert Williams by the Burying ground, which this meeting hath nothing to object against."1" A meeting was at the same time authorized to be held once a month in Whiteland, and once in six weeks at James Thomas' in the Valley.
At the February Court of this year, Jeremiah Collett, con- stable of Chichester, was presented by the Grand Jury for neglect of duty, in not presenting Mordecai Howill, "for work- ing and suffering his children and servants to work and do servile labor on the first day of the week." What was done with Mordecai Howill does not appear, but the poor constable, after pleading guilty, was sentenced by the Court, " to pay a fine of five shillings and his fees, and then go Quitt."
Heretofore, all bridges have been a township charge. All the bridges on the recently laid out Queen's road, and all bridges on roads leading to the same, are directed by the Court, to "be erected, repaired and maintained at the public charge of the County of Chester." This order of the Court does not appear to be in pursuance of any law on the subject.
1 This meeting-house does not appear to have been completed till 1709, on the 31st of October of which year, a request is made by the Goshen Friends to the monthly meeting, "that the meetings kept at Robert Williams, may henceforth be kept at the new meeting house." This new meeting house occupied nearly the site of the present old Goshen meeting-house, but extended a little further west, where its foundation may yet be seen. It was replaced by a stone building in 1737, of rather larger dimensions than the present meeting-house. The original meeting-house was doubtless built of logs.
217
HISTORY OF DELAWARE COUNTY.
1709.]
The first report of damages by reason of laying out a public .road, was made to the November Court of this year. The damage was laid at £5, for "passing over Joseph Richard's manured land."
At the following February term, three constables were ap- pointed by the Justices, "to attend this Court." This is the first instance of such an appointment, furnished by the Records of the Court.
The following is a part of the proceedings of a Court of Private Sessions, held in December, 1708:
" Whereas there is a necessity for a new door for the prison, being the common gaol, ordered that Henry Hollingsworth,1 clerk of the said county, forthwith cause a door for the said prison to be made and grated with Iron bars on the outside, and so finished that it may be secure from either cutting or firing by prisoners." Most of us who have served as Grand Jurors, in visiting the old prison at Chester, will recollect this grated door.
At the May term, " Thomas Clarke appeared in open Court and was qualified attorney General for the county of Chester, according to law." This is the first appearance of such an officer, though, occasionally, an attorney has represented the Crown in a particular case.
The administration of Governor Evans was as unpopular, as the foolish conduct of a profligate young man, filled with con- ceit, could make it. His altercations with the Assembly were constant ; but at length, that body, aided by other real friends of the Province, secured his recall. He was superseded in Sep- tember, by the appointment of Col. Charles Gookin, who did not, however, arrive in the Province till the following March.
A new Commission was issued to the Justices of the several Counties. Those appointed for Chester County were, Jasper Yeates, Caleb Pusey, Philip Roman, Jona. Hayes, Thos. Powell, Nicholas Pile and Henry Pierce.
The constant altercations between the Governor and Council, on the one side, and the Assembly on the other, during the administration of Governor Evans, were such an impediment to legislation, that but little was effected either for good or for evil. James Logan was the leading spirit on the side of the Governor, and it cannot be doubted that he supposed he was fairly representing the interests of the Proprietary. His con- duct, however, throughout, cannot at this day be defended, though it may be, in a measure, excused on account of the un- manageable character of the Governor, through whom he was obliged to act. On the side of the Assembly, David Lloyd held a similar position ; and while we may regret the impetuosity of
1 Henry Hollingsworth also held the office of Coroner at this time.
218
HISTORY OF DELAWARE COUNTY. [1710.
temper he sometimes exhibited, a fair and impartial examination of the questions discussed, will show that he was generally on- what would be considered the right side at this day. His views were in advance of the age in which he lived, and, as a necessity, in advocating them he not only encountered the prejudices of the times, but every interest that had grown out of them. But this controversy belongs to the history of the State, rather than to that of one of its smallest Counties.
Settlements were now rapidly extending westward. New meeting-houses and mills were being erected, and new roads laid out.
Application is made to the Chichester and Concord Monthly Meeting, and by it to the Quarterly Meeting, "that the meeting of worship kept at the house of William Browne in Nottingham, may for the future be kept at the new meeting house, there built for that end and purpose, every first, and fifth days." A road is also petitioned for, to the Court, " from Thomas Jarman's mill in the Great Valley to William Davis' mill in Radnor."] The Friends of Newtown also have intention "to build a meeting house near Friends burial yard."
So great had been the prosperity of our Quaker settlers, that they were not only able to build their own meeting-houses, but were able and willing to aid distant communities of the same faith to erect similar edifices. Accordingly we find the Treasurer of Chester Monthly Meeting ordered "to pay eight pounds, Boston money, to Samuel Carpenter or Issac Morris, it being this meeting's proportion of one hundred pounds, that the Yearly Meeting appointed to be raised for Friends of Boston in order for their assistance in paying for their meeting house."
The Indians manifested some uneasiness about this time, which was communicated to the Governor by William Dalbo, of Glou- cester County, N. J., " who acquainted him that there is a Belt of Wampum come to Conestogo, from Mahquahotonoi ; yt there was a Tomahock in Red in the belt, & yt the French with five nations of Indians were designed for war, and to fall on some of these plantations." This information was duly laid before the Council, by the Governor, on the 14th of April, and also a letter he had received from Mr. Yeates, Caleb Pusey and Thomas Powell, dated the same day, "purporting that to-morrow there was to be a great concourse of Indians, those of Conestogo & those of the Jersey ; that they were of opinion that it might be a seasonable opportunity for the Govr. to visit them altogether ; the meeting being the greatest that has been known these Twenty
1 This latter mill was at or near the site of the old mill on Darby Creek, now owned by Tryon Lewis.
219
HISTORY OF DELAWARE COUNTY.
1710.]
years, and is to be about two miles from Jno. Warraws [Jno. - Worralls], at Edgmond."1
It was the opinion of the Board, "that the Governor with some of the Council, and as many others as can be got should go to-morrow to meet the sd Indians to inquire further of them about the said Belt of Wampum, and what else may be thought necessary."
The Governor and others doubtless met the Indians, as here indicated, but as no report of the interview was made to the Council, it is probable the principal chiefs were not present. On the 29th of April some more alarming news was communicated to the Council, which induced the Governor to visit Conestogo and have an interview with the Red Men. He found them "very well inclined to the English," but they complained of ag- gressions that had been committed on them by the white man.
The Governor, immediately on his return from Conestogo, sent Col. French and Henry Worley to ascertain more fully the wishes of the Indians. These gentlemen returned with eight belts of Wampum, and made their report to the Council on the 16th of June. Each of these belts had a particular significance. The import of three of them will be given :
The first was from their old women, and signified "that those implored their friendship of the Christians and Indians of this Govmt, that without danger or trouble, they might fetch Wood & Water."
" The second Belt was sent from their children born, and those yet in the womb, requesting that room to sport & play without danger of Slavery, might be allowed them."
" The third Belt was sent from their young men fitt to hunt, that privilege to leave their Towns, and seek provision for their aged, might be granted to them, without fear of Death or Slavery."
The last two of these belts have a significance that cannot be misunderstood. They plainly suggest the reason for the passage, in 1705, of the " Act to prevent the importation of Indian slaves."2
At the election in October, of this year, the liberal party, of which David Lloyd was the acknowledged leader, was defeated
1 John Worrall lived in Edgmont, but it can scarcely be doubted that this Indian meeting was held at the settlement of the Okehocking Indians, in Willistown, adjoin- ing Edgmont. See map of Early Settlements.
2 The preamble of that act is in these words: " Whereas the importation of Indian Slaves from Carolina or other places, hath been observed to give the Indians of this Province some umbrage for suspicion and dissatisfaction, therefore, &c."-Gov. Mark- ham, by his will manumits, conditionally, an Indian boy, abont 3 years old, who was a slave for life-probably born in his family. See Register's Office, Philada., Book B, 364.
220
HISTORY OF DELAWARE COUNTY. [1712.
throughout the province. This defeat has been attributed to a letter from the Proprietary, dated at London, 29th 4th mo. [July], 1710, which censures unsparingly, the course pursued by the Assembly. This, however, is a mistake, for the letter was not received till after the election.1 The people had be- come wearied with the incessant controversy kept up between their representatives and the Governor and Council, and though they may not have approved of the conduct of the latter, they availed themselves of the only means in their power, to termi- nate the political broils which, by obstructing all useful legisla- tion, had come to be regarded as a more serious evil than to yield to the demands of their opponents.
David Lloyd removed to Chester in 1710,2 but whether before or after the election is not known. In 1712 he was chosen a representative from Chester County.
The defeat of the liberal party produced more harmonious action in the government. Still there was a considerable differ- ence of opinion between the representatives of the people and the official dependents of the Proprietary, but each side evincing a more yielding disposition than heretofore, the progress of le- gislation was not materially impeded.
Towards the close of 1711 Newtown Meeting informed the Chester Monthly Meeting, "that their meeting house is near finished, and desired that their meeting may be removed from Evan Lewis' to the meeting house."
At a monthly meeting, held 28th of 2d mo. (April), 1712, the representatives of Goshen meeting "moved the request of several friends that lives at a place called Youchland, to have a meeting at the house of John Cadwaladers." This meeting was allowed to be held "every first and fifth days, except when a meeting is kept at James Thomas', they meeting once in six weeks with the Great Valley friends at James Thomas'."
Preachers among the Friends were very numerous in most of the meetings in the county about this time, and several of them were quite eminent. These were frequently engaged in making religious visits to distant places-to Virginia, Carolina, Barba- does, Long Island, New England, and sometimes to Great Britain. Elizabeth Webb, of Birmingham, returned this year from a visit to England and Wales, with certificates of approval from six different monthly and quarterly meetings, and John Salkeld is furnished with a certificate "to visit friends in the Islands, and also in Great Britain and Ireland, or elsewhere," and in the following year John Jarman, of Radnor, asked for a
1 Proud, ii. 45; Gordon, 161; Janney's Life of Penn, 514-519.
2 Letter from Isaac Norris to James Logan .- Janney, 514.
221
HISTORY OF DELAWARE COUNTY.
1713.]
certificate to visit England and Wales. Many such religious visits might be enumerated.
There appears to have been a congregation of Seventh day Baptists organized in Newtown about this period. It is referred to in a minute of Chester Monthly Meeting, in which complaint is made that a member inclines to join that sect, and hath fre- quented their meetings.
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