HISTORY


OF


CHESTER COUNTY, PENNSYLVANIA.


GENERAL HISTORY.


LEAVING out of consideration the origin of the Indian races formerly inhabiting our country, it now seems well established that the American continent was known to European nations long anterior to the discovery of Columbus. The successful termination of his voyage in 1492 aroused a spirit of greed and adventure which kept alive the knowledge then obtained until a permanent footing was gained by white men upon these shores. The ability to send forth successful colonies to such remote regions required an amount of vigor, means, and appliances in the parent-stock which was probably wanting at first, so that for more than a century nothing of the kind was accomplished north of the Gulf of Mexico, nor had the Delaware Bay been even discovered.


The first settlement of Virginia was commenced at Jamestown in 1607. Two years later the celebrated English navigator, Henry Hudson, after having made two unsuccessful voyages in the employ of London merchants, in search of a northern passage to the East Indies, entered the service of the Dutch East India Company, and, with the same object in view, made his celebrated voyage resulting in the discovery of the great rivet which bears his name. During this voyage, and when in latitude thirty-nine degrees and five minutes north, he discovered, Aug. 28, 1609, " a great bay." To this great bay the name of Delaware has been given in honor of Lord Delaware, who is said to have entered it the following year. It does not appear that Hudson sailed very far up the bay, having soon come to the conclusion that " he that will thoroughly discover this great bay must have a small pinnace that will draw but four or five feet of water, to sound before him." Though an Englishman, Hudson was in the employ of the Dutch, and on this account the latter nation laid claim to the territory then discovered.


The various names by which the Delaware River and Bay have been known are enumerated in Hazard's " Annals of Pennsylvania." By the Indians it was called " Pautaxat, Mariskitton, and Makerish-kisken, Lenape Whit-tuck ; by the Dutch, Zuyt or South River, Nassau River, Prince Hendrick River, and Charles River ; by the Swedes, New Swedeland stream ; by the English, Delaware. Hey-


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lin, in his " Cosmography," calls it Arasapha. The bay has also been known as New Port May and Godyn's Bay.


On the 27th of March, 1614, their high mightinesses, the states-general of Holland, granted a general charter, securing the exclusive privilege of trade, during four voyages, to the discoverer of " any new courses, havens, countries, or places." The merchants of Amsterdam fitted out five vessels to engage in voyages of discovery. Among them was the " Fortune," belonging to the city of Hoorn, commanded by Capt. Cornelis Jacobson Mey. In this he arrived at the mouth of Delaware Bay, to the two proper capes of which he appropriated two of his names,—Cornelis and Mey. To another cape farther south he gave the name of Hindlopen, after a town of Friesland. Another vessel, commanded by Capt. Adrian Block, was unfortunately burnt at the mouth of the " Manhattan River," whereupon he built a yacht, forty-four and a half feet long and eleven and a half feet wide, in which to continue his explorations. This vessel, the first built by Europeans in this country, was called the " "Unrust" (" Restless"). The other vessels having returned home, the " Restless," under command of Capt. Cornelis Hendrickson, proceeded to make further explorations, especially in Delaware Bay. It has been said that this expedition explored the river as high up as the mouth of the Schuylkill, but of this the evidence is not clear.

In 1621 the Dutch West India Company was incorporated, though it did not go into operation until 1623. Their object was principally trade, and not, colonization, beyond the establishment of trading-posts.


Having taken possession of the North and South Rivers, by virtue of their charter, they dispatched a vessel thereto, under the direction of Capts. Cornelis Jacobson Mey and Adriaen Joriz Tienpont. Capt. Mey proceeded to the Delaware or South River, and on the eastern bank thereof, about fifteen leagues from the mouth, erected Fort Nassau, supposed to be near the mouth of Little Timber Creek, in Gloucester Co., N. J. The date of its erection is fixed about the year 1624. The seat of government of New Netherland, as the country was named, was fixed at Manhattan Island, and so remained while the Dutch maintained their authority. The superior local officer was styled " di-


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10 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


rector," and this office was conferred on Peter Minuit or Minnewit. Dr. Smith remarks,—

"It is a circumstance worthy of note, that the party who erected Fort NassaU was accompanied by females. The fact is fully established by the following curious deposition of Catelina Tricho, said to have been the first white woman at Albany :


" NEW YORK, February 14th,1684-5.


 " The Deposition of Catelina Tricho aged fouer score yeares or thereabouts, taken before the right honoble Collo. Thomas-Leut, and Governour under his Roy" highs, James Duke of Yorke and Albany, etc. of N. York and its Dependencyes in America, who saith and declares in the pr'sens of God as followeth.


"'That she came to this Province either in the year one thousand six hundred and twenty three or twenty fouer to the best of her remembrance, an that fouer women came along with her in the same shipp, in which the Governor Arien Jorissen came also over, which fouer women were married at Sea, and that they and their husbands stayed about three weeks at this place, and then they with eight seamen more went in a vessel by ordrs of the Dutch Governor, to Delaware river and there settled. This I Certifie under my hand and ye Seale of this province. Tao. DONGAN.' "

The settlement at Delaware was very brief, for in 1625 it was vacated to strengthen the Manhattan colony.


Soon after this a Swedish West India Company was chartered for purposes of colonization and commerce, but owing to wars, and finally the 'death, in 1632, of Gustavus Adolphus, of Sweden, nothing was then accomplished.


The Dutch now, in order to maintain their footing, determined upon colonization on the Delaware, and two of the directors of the West India Company, Samuel Godyn and Samuel, Blomaert, purchased a large tract of land at the mouth of the bay, which purchase was confirmed to the company at New York, July 16, 1630. A small colony was settled there on Lewes Creek, but owing to some trouble with the Indians they were all cut off in less than two years after. There is also some evidence that the crew of an English sloop were murdered by the natives about this time, they having gone into " Count Ernest's" River, near Fort Nassau.


Another purchase of land by the Dutch is said to have been made in 1633, this, time on the Schuylkill ; but as this transaction first appears in after-years, when a dispute arose with the Swedes, it seems somewhat doubtful.


An attempt was made by English .colonists from the Connecticut to settle on the Delaware in 1635, but they were captured by the Dutch and sent to Manhattan, where it appears they remained, and one, Thomas Hall, became a person of distinction.


The objects of the Swedish West India Company being revived, a settlement on the Delaware was projected in 1637. Two ships—" Kalmar Nyckel" and " Gripen" (otherwise the " Key of Kalmar" and the " Griffin")—were placed under the command of Peter Minuit, who had formerly been in the service of the Dutch, and sailed from Gottenburg late in the year 1637. The date of arrival is not accurately known, but it appears that by March 29, 1638, Minuit had purchased land on the west side of the Delaware from the Indians. To the Minquas River he gave the name of Christina, in honor of the queen of Sweden, and thereon erected a fort of the same name, about two and a half miles from its mouth. These proceedings aroused the jealousy of the Dutch, but, owing to their weakness, they did not attempt anything more than to protest against it.


The progress of the Swedish colony, which was doubtless owing to the intelligence and experience of the commander, became so alarming to the Dutch Governor at Manhattan, that he at once advised the West India Company in respect to it, by a letter dated July 31, 1638, of which the following is an extract :


" Minuyt erected a fort on the South River, five leagues from ours; attracted all the peltries to himself by means of. liberal gifts; departed thence with two attendant ships, leaving 24

men in the fort, provided with all sorts of goods and provisions, had posts set up with these letters, &c."


Although the Dutch had traded on the river for a long time, they had not really made a permanent settlement, which was now accomplished by the Swedes, who are said by Acrelius to have purchased the western shore as far up as the present site of Trenton.


Acrelius gives us to understand that Minuit remained here, and, after some years, died at this place ; but Prof. C. T. Odhner, in his " History of the Founding of New Sweden," translated by Prof. G. B. Keen,* shows that he proceeded with his ships by way of the West Indies for purposes of trade. While there he visited a Dutch ship which lay near by named "Het iliegende pert" (" The Flying Deer"), and while on board a violent hurricane arose, and nothing more was seen of him or the vessel afterwards.


On the Delaware he left twenty-three men, under the command of Mans Kling, the only Swede expressly named as taking part in this first expedition, and Henrik Huyghen, who seems to have been Minuit's brother-in-law or cousin. The first appears to have been the military and the latter the civil director of the colony.


In 1640 the " Kalmar Nyckel" arrived again in the Delaware, after a short voyage, by the 17th of April, bearing reinforcements for the colony. In the same year a colony. of Hollanders was established, by permission of the Swedish government, below Fort Christina. In May, 1640, the " Kalmar Nyckel" sailed for Sweden, and arrived in July, but in the following year returned with the third expedition, accompanied by the " Caritas." Many of those who came at this time were Finns.


In 1641 a company of English from New Haven attempted to found a settlement near the present Salem, N. J., but being equally obnoxious to Dutch and Swedes, their stay was of short duration.


Peter Hollandare had succeeded Peter Minuit as Governor of New Sweden, but his administration lasted only about a year and a half, when he returned to his native country. A fourth expedition was' fitted out in 1642, and consisted of the two vessels, the " Stoork" and the " Renown," under command of John Printz, the third governor of New Sweden.. They sailed from Gottenburg on the 1st of November, and arrived at Fort Christina on the 15th of February following. The new Governor decided that this place did not sufficiently command the river, and therefore selected the island of Tennaconk (Tinicum) as the site for a new fortress.


* Penna. Mag., iii. 269, etc.


GENERAL HISTORY - 11


Besides the fort, which was named New Gottenburg, Governor Printz " caused to be built there a mansion for himself and family, which was very handsome there was a fine orchard, a pleasure house, and other conveniences. He called it Printz Hall."


Ferris in his " Original Settlements on the Delaware," says, " 'Phis hall stood more than a hundred and sixty years, and was at last burnt down by accident since the commencement of the present century."


This vigilant Governor did not feel satisfied that he had quite " shut the river" by the erection of Fort G-ottenburg for before the expiration of' eight months from the day of his arrival he had completed another fortress near the mouth of Salem Creek, which he called Elfsborg, or Elsinborg, and on which were mounted eight brass twelve-pounders.


Upon the arrival of Governor Printz the only European population on the river were the few persons occupying the Dutch fort Nassau, the Swedish colony at Christina, and the Dutch patroon colony established by the Swedish government at one or more points lower down. How many persons accompanied the Governor is not known, but the number, though not large, was probably greater than the whole previous population of the river. He brought with him his wife and one daughter, and probably other members of his family, a Lieutenant-Governor and secretary, a chaplain and surgeon [barber], besides twenty-four regular soldiers, with officers sufficient for a much larger force. These, with an ample supply of military stores and provisions for the garrison, and a large stock of goods suitable for Indian traffic, which is known to have constituted part of the freight of the two vessels, would leave but little space for actual settlers, their household goods, and implements of husbandry. Still a considerable number of settlers accompanied the expedition, who doubtless fixed their places of abode within a convenient distance of the newly erected forts. It was the first successful colony planted within the limits of Pennsylvania.


Prof. Keen * gives the names of several Swedish emigrants, obtained from the archives at Stockholm, viz. :


Anders Svensson Bonde, Per Andersson, Anders Larsson Daalbo, Sven Larsson, Peter Gunnarsson Rambo, Sven Gunnarsson, Lars Svensson Kackin, Mans Andersson, Joen Thorsson, Marten Gottersson, Clas Jansson, who came in the first and second expeditions of 1638 and 1640. The wife of Sven Gunnarsson and his son, Sven Svensson, doubtless came with him.

In the third expedition, on the " Kalmar Nyckel" and " Charitas," 1641, came Mans Kling, his wife, a maid and a little child, Herr Christoffer —, Gustaf Strahl, Michel Jansson, Mans Svensson Loom, his wife and three children, Olof Persson Stille, his wife and two children, Mats Hans-son or Jansson and wife, Anders Hannsson or Jansson, Axel Stille, Olof Palson, Per Joransson, Jan Ericsson, Jacob Sprint, Pal Joransson or Jonsson, Evert Hindricsson, Lars Markusson, Hindrich Matsson, Johan Andersson, Olof Ericsson, Pal Smaal, Carl Jansson, Mats Hansson, Peter Larsson Kock, Eskil Larsson, Clement Joransson,


* Penna. Mag., iii. 402, 409, 462.


Eskil Larsson or Lars Eskilsson, Bartel Eskilsson, son of the last Hans Mansson, Hindrich Mattsson, Lars Biorsson, Sivert or Evert Sivertsson, Mans Joransson, Mats Olofsson, Claes Claesson, Laurens Andriesson, Lucas Persson, Lars Thomson, Anders Christiansson Dreyer, Knut Martensson Vasa, Olof Thorsson, bars Andersson Ulf, and Gottfried Hermansson.


With Governor Printz, 1612-43, came his wife and daughter, Armgott, Rev. John Campanius Holm, "junket." Knut Liljehook, Mans Kling (who had come out before in 1638 and 1641), Knut Persson, Joran Kyn Snohvit, Elias Gyllengren, Anders Andersson Homan, Hans Luneburger, Lars Andersson, Nils Andersson, Michel Nilsson, Gregoriu Van Dyck, Sven Andersson, Jacob Svensson, Nicklaus Bock or Borck, Johan Gustafsson, Peter Meyer, Isack Van Eysen, Constantinos Gronebergh, Peter Jochimson, Joen Nilsson Skreddere, Johan Olofsson, Lars Jacobsson, Thomas Joransson Timberman, Marten Martensson Glaasere.


Professor Keen also gives additional notes in regard to these persons, making an interesting chapter for students of Swedish genealogy.


Dr. Smith says,-


" It is by no means wonderful that the Dutch should become alarmed at the progress the Swedes were making in securing the trade of the river, for during the year 1614 they freighted two of their vessels, the Key of Calmar' and the Fame,' with cargoes that included two thousand one hundred and twenty-seven packages of beaver, and seventy thousand four hundred and twenty-one pounds of tobacco. This shipment of tobacco would indicate that this noxious plant was cultivated to a considerable extent on the river at that early period. During the year 1646 a church was erected at the seat of government at Tinicum, which was consecrated to divine services on the 4th of September, and also its burying-place, by the reverend pastor. 'The first corpse that was buried there was that of Catharine, the daughter of Andrew Hanson. She was buried on the 28th of October, in the same year, being the feast of St. Simon and St. Jude.'


"The site of the burying-place, and doubtless that of the church also, was close on the margin of the river, and is now occupied by a part of its bed between the Lazaretto and Tinicum hotel, but nearer the latter. It is not many years since human bones were seen protruding from the undermined and receding bank of the river."


There were frequent contentions between the Swedes and Dutch, of which reports were duly transmitted to the authorities at New Amsterdam and Sweden. At length Governor Stuyvesant, of the former place, caused a fort to be erected at the present site of New Castle, and gave it the name of Casimir. Governor Printz protested against it, but appears afterward to have become reconciled, and before Governor Stuyvesant left the river they agreed to abstain from hostile acts against each other.


In 1653, Printz becoming weary of his position, sailed for Sweden, leaving the government in charge of his son-in-law, John Papegoya. His successor was John Rysingh, who arrived towards the end of May, 1654, and commenced his administration by capturing the Dutch fort Casimir on Trinity Sunday. The Dutch now remaining on the river took the oath of fidelity to the Swedish Governor. A treaty for the renewal of friendship with the Indians was held at Printz Hall, and the prospect of Swedish supremacy on the river looked bright. The rash act of Rysingh in capturing Fort Casimir had, however, aroused the ire of the Dutch, and on the 5th of September, 1655, Governor Stuyvesant arrived in the river with seven armed vessels and from six


12 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


to seven hundred men, the most of which had been forwarded from Holland for the purpose. Fort Casimir surrendered the next day, and Fort Christina, commanded by Governor Rysingh in person, followed after a bloodless siege of fourteen days. All the Swedes and Finns who desired to remain on the river were obliged to take an oath of allegiance to the states-general of the United Netherlands. Thus ended the Swedish sovereignty on the continent of America.


In 2d Archives, vii. 484, is a list of persons subscribing allegiance to the Dutch authority, as follows :


" Jan Eckhoff, Constantinus Gronenbergh, Harman Jantz, Jan Schoffel, Klaes Tomassen, Timen Stiddem, Lucas Petersen, Thoomas Bruyn, William Morris, Gostaffsen Anies, Baernt Jansen, Oloff Franien, Andries Jansen, Jan Justen, Mathys Esselse, Moens Andriesen, Martin Martense, Lambert Michalsen, Samuel Petersen."


There were probably other lists, which have been lost. It may be remarked that few of these wrote their names.


An order was issued for the Swedes to he gathered together into one settlement at Upland, Passayunk, Finland, Kingsessing, or where they pleased. This they did not incline to do, and it appearing barbarous to compel them to it the project was at length abandoned.


In 1656 the Dutch West India Company, being embarrassed with debts, conveyed to the city of Amsterdam that part of their possessions on the river from Christina kill to the mouth of the bay. This was then styled the colony of the city, to distinguish it from the colony of the company.


Charles II., being restored to the throne of Great Britain, granted to his brother James, Duke of York, the territory embracing the whole of New York and New Jersey, and by a subsequent grant that which now comprises the State of Delaware ; to all of which the right of the Dutch had never been acknowledged. The duke fitted out an .expedition, consisting of four men of war and four hundred and fifty men, which he placed under the command of Col. Richard Nicolls. They reached the mouth of the Hudson in the latter part of August, 1664, and on the 8th of September New Amsterdam surrendered without the firing of a gun. Sir Robert Carr was then dispatched to the Delaware with a sufficient force to effect a conquest. Arriving there on the last day of September, he sailed past the forts, " the better to satisfie the Swede, who, notwithstanding the Dutches persuasion to ye contrary, were soone their frinds." After three days' parley, the burghers and townsmen yielded to the demands of the English, on terms favorable to themselves and the Swedes, but the Governor, D'Hinoyosa, and soldiery refused every proposition, although the fort was in a bad condition, and defended by only fifty men. " Whereupon," says Sir Robert in his official dispatch, " I landed my soldiers on Sunday morning following, and commanded ye shipps to fall down before ye fort wthin muskett shott, wth directions to fire two broadsides apeace uppon ye Fort, then my soldiers to fall on. "Which done, ye soldiers neaver stoping until' they stormed ye Fort, and sae consequently to plundering ; the seamen, noe less given to that sporte, were quickly Whin, and have gotten good store of booty." The loss on the part of the Dutch was three killed and ten wounded ; on the part of the English, none.


New Amsterdam was now changed to New York, and the name of New Amstel to New Castle, the seat of government being at the former place. Even before the duke had acquired possession of his American territory, he conveyed all that portion of it which now forms the State of New Jersey to Lord Berkeley and Sir George Carteret.


Col. Nicolls acted as Governor of New York and its dependencies about three years, when he was succeeded by Francis Lovelace, in May, 1667.


On the 21st of April, 1668, the government at New York adopted " Resolutions and directions for the settlement of a garrison on the Delaware." Under this head, directions were given that it was only " necessary to hold up the name and countenance of a garrison, with twenty men and one commissioned officer." But the more important matter of establishing courts of justice was also contained in the " resolutions and directions." To prevent " all abuses or oppositions in civil matters, so often as complaint is made, the commission officer, Capt. Carre, shall call the scout with Hans Block, Israel Helm, Peter Rambo, Peter Cock, Peter Alrich, or any two of them as counsellors, to advise, hear, and determine, by the major vote, what is just, equitable, and necessary in the case or cases in question."


As no time or place is mentioned for holding the courts, and as three of those named were afterward justices of Upland court, it is reasonable to suppose that they occasionally held sessions there at this early date. During this and the two succeeding years several tracts of land on the river were confirmed to persons who held titles from the Dutch, including a few lots in Upland.


In 1669 an insurrection was attempted by one Marcus Jacobson, known as the " Long Finn," assisted by Henry Coleman, also a Finn, and a man of property. The Long Finn was captured, tried, and sentenced to be whipped, branded, and sold as a slave to Barbadoes or elsewhere. Coleman escaped, and lived for some time among the Indians, until his offense was probably overlooked. Jeuffro Papegay, Armgart Prints (the wife of John Papegoya, and daughter of' Gov. Prints) was somewhat implicated, " though what she had done was not of any dangerous consequence." It appeared also that " the little dominie bath played the trumpeter in this disorder." The object and expectations of the conspirators are not well understood. Secretary Matthias Nicolls being sent to inquire into the matter, reported that " they pretended an expectation of some Swedish ships to come and reduce the place."


Early in 1671, at the suggestion of Capt. Carr, several orders were made by the Governor and Council in respect to the Delaware. No persons were to be permitted to distill liquor 'without license; the number of victuallers and tapsters to be ascertained, three only to be allowed in New Castle, and " some few up the river" who may be licensed ; constables are to be appointed to keep the king's peace. As to the tenure of lands on the Delaware, it was to be held " in free and common socage as his Royal Highness, by his Majesty's patent, holds all his territories in America ; that is to say, according to the custom of the Manor of East Greenwich, only with this proviso, that they likewise pay the Quit rents reserved in their several patents, as acknowledgements to his Royal Highness."


GENERAL HISTORY - 13


As to the mill, that Carr had represented to the Council as being " up Delaware River at ye Carcoons Hooke," and which " did heretofore appertain to r publique, and now is endeavoured to be engrossed by some particular persons for their private uses," it was ordered " that care be taken for ye letting out ye said Mill for ye best advantage to some person who will undertake ye same, and that ye profitt thereof be reserved for ye publique." This is the old Swedes' mill on Cobb's Creek, erected about 1644.


That a court was held at Upland as early as 1672, appears by the following order of Governor Lovelace respecting a piece of land at Amosland, now in Ridley township :


"Whereas Complt hath been make unto me by Jan Cornelis Mattys Mattysen & Martin Martinson, Inhabitants at Amsland in Delaware River that after having been quietly possest of a parcel' of Valley or Meadow Ground upon the Island over against Calcoone Hooke near their Plantacon, Israel Heinle did by Misinformacon obtain a Patent for the same having never possesion or pretence thereunto before, So that the said Inhabitants are dispossest to the ruin of their Plantacons wthout reliefe: These are to Authorize & Empower the Court at Upland w th the assistance of one or two of the High Court to examine into the matter and make report of the Truth thereof unto me that I may make some Order thereupon according to Equity and good Conscience.


"Given &c. this 8th day of August 1672."


Whether this court at Upland was distinct from that of New Castle is uncertain. Edmund Cantwell, of New Castle, was appointed sheriff for the river in this year, as also collector of quit-rents in place of William Tom, resigned.


A war broke out between the English and Dutch in 1672, and on the 6th of August, 1673, a Dutch fleet appeared before the fort at New York, in the absence of Governor Lovelace at New Haven, and after a slight resistance the fort surrendered and the country submitted again to the authority of the Dutch. Anthony Colve was appointed Governor-General of New Netherland, including its former extent, and a Council held their sittings at Fort William Hendrick, as the fort at New York was now called.


The deputies from the Delaware appeared before this tribunal, and gave in " their submission to their High Mightinesses the Lords States General of the United Netherlands, and his Serene Highness the Prince of Orange, on the 12th of September." In return they obtained for their constituents, among other privileges, " free trade and commerce with Christians and Indians ;" freedom of conscience ; security in the possession of their houses and lands, and exemption from all rent charges and excise on wine, beer, and distilled liquors consumed on the South River. This last privilege was granted in consideration of the expense the inhabitants would incur " in erecting the fort," and was to continue till 1676—" Those of the English nation to enjoy the same privileges upon taking the oath of allegiance." At the same time three courts of justice were established on the Delaware—one at New Amstel, one at the Hoern kill, and one at Upland. The jurisdiction of the Upland court extended provisionly from the east and

west banks of Kristina kill upwards unto the head of the river.


The inhabitants were required, " by a plurality of votes," to nominate for each court eight persons as magistrates. From these the Council at New York selected the justices of the several courts.


Peter Alrichs was appointed by Governor Colve commander and sellout, and "Walter Wharton was reappointed surveyor of the South River district. Peter Alrichs took his oath of office and allegiance without reservation, but Wharton, being an Englishman, made it a condition in his fealty that he was not to be forced to bear arms against his own nation. Alrichs was appointed to administer the oath of allegiance to the inhabitants of the South River, and also authorized to enlist ten or twelve soldiers " on government account," including two corporals.


By virtue of the treaty of peace between England and the Netherlands, signed on the 9th of February, 1674, it became necessary to restore these possessions again to the English. Edmund Andros was appointed Governor of New York, July 15th, and upon his arrival received possession from Governor Colve.


Edmund Cantwell and William Tom were commissioned, November 6th, by the Governor to take possession of the fort at New Castle, and of all military stores there, or on any other part of the river, on behalf of his majesty of Great Britain. Under this commission, in the record at Albany, is the following list of justices :


"Names of ye Justices for Newcastle are: Mr. Hans Block, Mr. Jno Moll, Mr. Popp Outhout, Mr. Joseph Chew, Mr. Dirick Alberts. For the River : Mr. Peter Cock, Mr. Peter Rambo, Mr. Israel Helm, Mr. Laers Andrieson, Mr. Wolle Swain."


These justices had no formal commissions issued to them at this time, but simply an order from the Governor, directed to them under the title of commissaries, " to resume their places as magistrates." Capt. Edmund Cantwell was commissioned, November 11th, to administer to these justices their official oath, he having been reinstated in his office of sheriff or sellout. Capt. Cantwell, in conjunction with Johannes De Haas, was also appointed collector of quit-rents on the Delaware, and of all other duties, whether custom or excise.


The above justices were commissioned Feb. 28, 1675, to hold a court of oyer and terminer at New Castle for the trial of a special case.


Capt. Cantwell, besides holding the office of sheriff, appears to have been intrusted with the charge of affairs generally on the Delaware.


Governor Andros visited the Delaware in May,1675, and on the 13th and 14th of that month held a special court at New Castle, at which it was ordered " that highways should be cleared from place to place within the precincts of this government ;" that the church in the town should be regulated by the court ; that the " meeting at Crane Hoeck do continue as heretofore ;" and " that the church att Tinnecum Island do serve for Upland and parts adjacent." There being no church higher up the river, the magistrates of Upland were ordered to have one " built att Wickegkoo, the who'' to bee for the inhabitants of Passayunk & so upwards." They were empowered to raise a tax for this purpose and to maintain a minister. Liquor was not to be sold to the Indians in less quantity than two gallons at a time, and distillation from grain was prohibited.


Dr. Smith says,—,


"This is the earliest record of the proceedings of any court on the Delaware. They are recorded incidentally among the proceedings of the regular New Castle court for the early part of 1677 (N. S.). The


14 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


functions of this court, which was intended to be held annually, were rather legislative than judicial. The order that highways should cleared from place to place' seems to have been the first step taken for the establishment of roads in the States of Delaware or Pennsylvania. It is our first road law.


"As early as 1672 the Court of Assizes, held at New York, ordained in respect to parochial churches, that ye law be attended (to); but although persons bee of different judgments, yet all are to contribute to ye allowed minister.' Strangely as this ordinance may contrast with the liberty of conscience granted in the articles of capitulation, when the country was first surrendered by the Dutch, it will sufficiently explain the order of the special or general court at New Castle to the Upland court, in relation to the maintenance of the minister for the new church at Wiccaco, and the action of this court in respect to such matters that followed."


Lord Berkeley having conveyed one moiety of New Jersey to John Fenwick, in trust for Edward Byllinge, a number of persons arrived in the ship " Griffith" in 1675, and settled at Salem, under the auspices of Fenwick. Robert, Edward, and John Wade, and Richard Noble were among the passengers, the first of whom settled on the west side of the river at Upland, where William Edmundson, an eminent minister of the Society of Friends, found him when traveling through the country in the same year. Some others of the passengers by the " Griffith" are believed to have settled at Upland, but their names are unknown.


On the 23d of September, 1676, Capt. John Collier was appointed " Commander in Delaware River and Bay," and on the same day justices of the peace were commissioned for the jurisdictions of New Castle and Upland for one year or till further order. Ephraim Herman was appointed clarke of both courts.


The records of Upland court from this time to the" arrival of Governor Markham, in 1681, are in the possession of the State Historical Society, and have also been published by the society, with a valuable introduction and notes by Edward Armstrong, Esq.


The following letter of instructions from the Governor very fully explains the character and jurisdiction of the court :


" EDMOND ANDROS, Esqr : & Seigneur of Sausmarez, Lieut: & Governr : Genll : under his Royall Highnesse James Duke of Yorke and albany, etc : of all the Territories of America:

" Whereas, The Last Ieare att my beeing att Delowar uppon application of the Inhabitants Representing that my prdecessor Governr Lovelace had begun to make a Regulacon for the due administracon of Justice according to the lawes of this Gouernment, pursuant to with

I: did appoint some majistrates and made some Rules for their proceeding the Ieare e'suing or till further order; In which haveing uppon mature deliberation, by the advyce of my Council! made some alteracon, They are to Remaine and bee in force in forme following :


" 1. That the bookes of Lawes Establisht by his Royli Highnesse and practized in New Yorke, Long Island, and dependences Bee Likewyse in force and practice in this River, and precincts, except the Constable's Corts : County Rates and some other things; Peculiar to Long Island,—and the militia as now ordered to Remain in the King; But that a Constable be Iearly in each place chosen for the preservation of his Mayties peace wth all other Powers as Directed by Lawe.


"2. That there bee three Courts held in the severall parts of the River and Bay, as formerly, to wit, one in New Castle, one above att upplands, another below at whorekills.


"3. That the Courts consist of Justices of the Peace, whereof three to make a coram & to have the power of a Court of Sessions & decide all matters under twenty pounds wthout appeal]. In Wclt Court the Eldest Justice to prside unlesse otherwise agreed amonghst themselves,

above twenty pounds & for cryme, extending to Lyfe, Limb, or banishment to admitt of appeale to the Cort of Assizes.


"4. That all small matters under the vallue of fyve pounds may bee determined by the Court without a Jury, unlesse desiered by the partees, as alsoe matters of Equity.


" 5. That the Court for New Castle be held once a moneth, to begin the first Teusday in Each month, and the Cort for uppland and the whoorekill quarterly, and to begin the second Tuesday of the month or oftener if occasion.


"6. That all necessary By-lawes or orders, not Repugnant to yo Lawes of the Government, made by the said Courts, bee of force and binding, for the space of one whole Ieare, in the severall places where made, They giving an account thereof to the Governor by the first opportunity :—and that no fines bee made or imposed but by order of Court.


" 7. That the several Courts have power to Regulate the Court and officers' fees, not to Exceed the Rates in the Booke of Lawes, nor to bee under halfe the vallue therein Exprest.


"8. That there bee a high Sherife for the Towne of New Castle, River, and Bay, and that the sd High Sherrife have power to make an undersherrife or marshal, being a fit prson, and for whom hee will bee Responsable, to bee approved by the Court. But the Sherrife, as in England, and according to the now practice on Long Island, to act as a principall officer for the Execution of the Lawes, but not as a Justice of Peace or magistrate.


"9. That there bee fitting Bookes provyded for the Records, In which all judiciall proceedings, to bee duly and fairly entered as also publicq orders from the Governor, and the names of the magistrates and officers authorized, wth the tyme of their admission. The sd Records to be kept in English, to wich all prsons concerned may have free Recourse at due or sesonable tymes.


"10. That a fitt prson for Clarke (when vacant) be recommended by Each Court to the governor for his approbation, in whose hands the sd Records to bee kept.


"11. That all writs, warrants 35 proceedings att lame shall be in his mayties name. It haveing been practized in the Governmt ever since the first writing of the Lawe book, and itt being his Roy'! Highnesses special Pleasure and Order.


"12. That no Rates bee Imposed or Levys of mony made wthin the Towne of Newcastle River, or Bay by any, under what denomination soever wthout the approbation of the Governr, unlesse upon Extraordinary occasion in Case of necessity, of witch the Governor to have ptsent acct sent him. That upon the Levy of any Rates there be a faire acct kept both of the Receipts and disboursments, 10' account to be Given in to the Cort there to bee past and then sent to the Governor for his allowance, until wich not to bee a sufficient discharge.


" Whereas by this regulation there are no overzeers anointed nor Contstables Courts, but all matters to bee determined by the Justices; I: doe therefore Recomend the Composure or Referring to arbitracon of as many matters particularly under the vallue of fyve pound as may properly be determined that way, Provided it may bee by the consent of Partees; That any prson desiering Land make application to the Court in whose bounds itt is, whoe are required to sitt once a month or oftner if there bee occasion to Give order therein & certify to the Governor for any Land not taken upp and Improved fitt proportions, not exceeding fifty acres pr head unlesse upon Extraordinary occasions where they see good Cause for itt, WI. Certificate to bee a sufficient authority or warrt for the surveigors to surveig the same and with the Surveigors Returne to bee sent to New Yorke for the Governors approbation ; That in the Certificates be specified how much upland and meaddow wth due Reguard that Each may have a proportionable sheare, according to the place they are in Landward; Given under my hand and seale in New Yorke, the 25th day of Septembr in the 28th Ieare of his mayties Reigne, ao Dom : 1676.


(Signed) "E. ANDROSS."


The recently appointed justices, according to the record, held their first court at " Uppland in Delowar Riuer" on the 14th of' November, 1676. After they had been sworn into office, the first act of the court was to order " that Mr. Tom, the former Clarke, should deliver unto the present Clarke, Eph. Herman, the Records and other publiq bookes and wrytings belonging to this Court." Nov. 13, 1677,


GENERAL HISTORY - 15


this order was repeated, and " Mr. Tom being sent for and apearing in Court, promissed to doe the same."


Owing to the death, about this time, of William Tom, it is likely the order was not obeyed. No records of a former court are known to exist. The same facts are true of the New Castle records.


The court was held at the house of Neels Laerson, who also entertained the justices. The account made out by the court of the public indebtedness to Laerson for " the Charges of Keepeing of Court and Justices dyet there," establishes the fact that the former court, of which the records have not been discovered, was held at the same place. Laerson probably kept a public-house. His charge for entertaining the court during its present sitting, which appears to have lasted but one day, was one hundred gilders.


Some apprehensions of trouble with the Indians arising, the justices had a meeting with Capt. John Collier, at which it was concluded that the latter, with Israel Helm, should go to Shackamaxon and have a conference with the Indians. This conference was held from the 4th to the 18th of March, 1676-77, at a cost of two hundred and fifty gilders to Upland district.


The following is a specimen of the judicial proceedings at a court held June 13,1677:


" JUSTICE ISRAEL HELM, Pit.

" OELE OELSEN (als) COEKOE, Deft.

"The Pit Complaines that at the plantation of Juns Justesse, in his house, bee the pit was first wth Evill words abused by the deft, and afterwards by him beaten, and his shirt all tome In peces by the sd deft, and therefore desiers yt the Court will Inflict punishment according to the meritt of the sd deft, and that as bee is one of the members of the Court, hee may bee so maintained."


"The deft sayeth that the pit bath first struck him, etc.


"The High Sheriffe, Captn. Edm. Cantwell desiers that the Court will take the case in Consiederacion, and not suffer that a Justice of the Peace shall bee so abused !


"The Court haveing Examined into ye whole businesse, and heard the debates of both partiees, together wth the Testimony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of twoo hundered and Ten gilders; sixty thereof for the poore or Church, and the remainder 150 gilders to the Sheriffe, and doe further order yt the sd oele oelsen doe humbly aske forgiveness of Justice Israeli Beim and the Cort for his sd offence.


"The Cort & High Sherife Conciedering that the sd oele was a poore man wth a great Charge of Children, upon his humble sub- mission did Remit & forgive him the one hundred and fifty gilders fyne."


Albert Hendricx, having served out " his Jeare" as constable, was dismissed by the court at his own request, and William Orian appointed " Constable for the jurisdiction of this court" in his place. Hendricx (Hendrixon) is the first person known to have held office in Pennsylvania.


Jurian Hartswelder (Hartsfelder), the deputy sheriff, being about to remove farther up the river, resigned his office. He was succeeded by Michael Izzard.


The last adjustment of the dividing line between Upland and New Castle of which there is any record, seemed to fix the division between the two districts about the Christina ; but a mandate issued from the New Castle court on 18th of September of this year, of which the following is an extract, would indicate that a different arrangement had been made :


"To Mr. Charles Ramsey, Constable In Christeena:


" You are requested in his Mayts name to take a true and exact list of all the Tydable prsons from 16 to 60 years of adge Whin the bounds, web is all ye north syde of Cresteena Creeke up as far as ye boght Creeke, above ole fransens house, & ye names of ye sd Tydables to bring . . . ."


At a meeting of Mr. John Moll, president of New Castle court, with the justices of the Upland court, held at Upland on the 12th of November of the following year, the above division was confirmed and extended ; the county of Upland was " to begin from ye north syde of Oele fransens Creeke otherways Called Steen Kill, Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye singletree point on the East syde of this River." In other directions, Upland County extended as far as settlements had been made ; and although the authority of the Duke of York to govern New Jersey had been resisted by Fenwick and others, it had been maintained on the ground that the sovereignty of the country did not pass to Carteret and Berkeley, the purchasers of the soil. Fenwick, for attempting to exercise authority independently of Governor Andros, had even been forcibly arrested in his own house, and sent to New York, where he was for some time imprisoned. This will account for the jurisdiction of the courts on the west side of the river being extended into New Jersey.


It had been supposed that a tax could only be levied by the authority of a general court ; but the Governor, upon application being made to him for the holding of such a court in order to authorize a levy, decided that every court had the power " to make fitting rates for the highways, poor, and other necessaries as is practiced in England." The Governor had authorized a levy of one pence per pound on every man's estate towards paying public expenses, but the justices of New Castle obtained authority from his excellency to substitute a poll tax, representing the inconsiderable value of estates, the difficulty of determining that value, and the distance of the people, as their excuse for asking the change.


The unliquidated expenses of Upland County had by this time so much accumulated as to present an alarming aspect of indebtedness, when the means of liquidation are considered. This indebtedness embraced the following items :


"To neels Laerson for ye Courts Expensis to this day, Except 200 gilders by Captn Cantwell paid him before, there being no other accommodation for ye court G. - 639


To Lace Cock, for Expensis of ye Comandr and Simico Indians last spring; ye acct being allowed by ye Court - 250


The woolves heads in this Coil, not all brought in yet, but computed by ye Court - 420


To ye Clercq allotted by ye Court for his several Extraordinary services to ye Cort, etc - 200


To Justice Israeli helm for his severall services to ye Country as Interpreter about ye Indians- 400


To Captn. Cantwell, wch hee hath pd to neels Laerson for ye Courts accommodations, etc. - 200


Justice Otto Ernest for sundry Expensis on ye publicq acct. of wch hee hath not yet brought In his acct. of perticulars - 300


Lace Cock for Expensis when his honr ye governor was there - 112


Peter Rambo demands for Expensis when his honor the Governor was there, 800 gildrs - 800


Captn. Cantwell proffered in Court to pay him 400 gilders wch hee refused, soo that this is left to his honor to judge of.


G. 3321


Besides fees due for ye collecting the sd Levy."


At the November court of this year the justices decided to levy a poll-tax of twenty-six gilders upon each tydable


16 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


(taxable) person, which included every male inhabitant in the county between the ages of sixteen and sixty years, ex. cept the justices, who were by the duke's laws exempt from the payment of taxes, except for the support of the Church. This levy was to be collected by the high sheriff before the 25th of the following March, and instead of money he was authorized to receive " wheat at fyve, Rey and Barley att four Gilders P scipple, Indian Corne at three gilders scipple,* Tobbacco at 8 styvers P pound, porke at Eight and bacon at 16 styvers lb : or Elce In wampum or skins att pryce Courrant : The Court further ordering and Impowring the high Sherrife, Capt" Edmond Cantwell, to Receive and Collect the same sume of 26 gilders from Every Tydable in the annexed List," etc.


"A LIST OF THE TYDABLE PRSONS.


ATT TAOKANINK (TACONY.)



oele neelson & 2 sons

bans moens

Erick Poulsen

Christiaen Tomasse

Casper fisck

Peter Jookum & servt

hens Jurian

michill fredericks

Justa Daniells & servant

Jonas Juriaensen

Hend : Jacobs upon ye Isld

Erick Cock & servant

moens Cock

Peter nealson

gunnar Rambo

Lace Cock & servant

michill nealson

andris Swen & father

oele Swensen his servant

Swen Swenson & son

John Stifle

Swen Loin

oele Stille

andries Benckes

Jan Mattson

dunck Williams

Tho : Jacobs

Jan Claassen & 2 sons

mathias Claassen

franck walcker

W ill Thomasse

Peter matson

Jan Boelsen

Jan Schoeten

Jan Justa and 2 sons

Jonas nealson & son

Peter andries & son

Lace Dalbo

Rynier Peterssen

ode dalboo

andries Boen

Swen Boen

Pelle Rambo, Junior

andries Rambo

Richard Duekett

Mr. Jones ye hatter

Joseph Peters

Jan Cockandries

Peter Cock, Junior

barmen Ennis

arian andries at Peter Ramboos

3

1

1

1

1

2

1

1

2

1

1

2

1

1

1

2

1

2

1

2

1

1

1

1

1

1

1

3

1

1

1

1

1

1

3

2

2

1

1

1

1

1

1

1

1

1

1

1

1

1


1

Bertell Laersen

moens Staeckett

hans Jurian

hendrik fade

andries bertelson

Jan Bertelson

Jan Cornelissn & son

mort. mortense, Senior

Lace mortense

neels matson

anthony matson

Kendrick Jacobs

Jacob hendricx


UPLAND


Claes Schram

Robberd Waede

Jan hendricx

Rich Bobbinghton

James Sa.nderling & slaue

John Test & servant

Jurian kien

Rich: noble

Neels Laerson & son

henry hastings

will : woodman & servant

John hayles

mich Yzard


MARR: KILL (MARCUS

HOOK.)


Jan Jansen

will: orian

Daniell Linsey

inorten Knoetsen

Knoet mortensen

Albert hendricx

Oele Coeckoe

Carell Jansen

oele Raessen

Thom : Denny.

John Browne

Rich : frederiex

hans Oelsen

Tho : harwood

Jurian hertsveder

Andries Inckhoorrn

Rodger Pedrick

Cristaen Claassen

Jacob Clocker

1

1

1

1

1

1

2

1

1

1

1

1

1




1

1

1

1

2

2

1

1

2

1

2

1

1






3

1

1

1

1

1

1

1

1

1.

1

1

1

1

1

1

1

1

1

ATT CARKOENS HOEK.


andries homtnan & son

Pelle Erickson

Benck Saling

andries Saling

Laers Boer

bans Peters

Pelle Puttke

barmen Jansen

hendrick homman


CALKOENS HOEK.


mort mortenson Junior


2

1

1

1

1

1

1

1

1




1

EASTERN SHOURE.


oele Dircks

will Bromfield

Juns Justafs

Lace Colman

hans hofman an his 2 sons

Peter freeman

moens Junsen

Poull Corvorn


136 - Tydables in Upland Jurisdiction."

1

1

1

1

3

1

1

1


136


* scheepel, Dutch for bushel, is equal to three pecks, English.


Dr. Smith estimates the population of Upland County at this time to have been about six hundred, a smaller number than might be looked for from so old a settlement. But few of them were English.


The justices becoming tired of holding court in a public house, " Cape Hans Jergen is ordered & desiered by the court to warne his men belonging to his Company, and wt" them to fitt up and finish ye house of defence att upland fitt for the court to sitt in, against ye next Court."


Since the arrival of Fen wick, owing to difficulties about the ownership of West Jersey, there had been no arrival of settlers for that province until this year, when three vessels arrived—the " Kent," the " Willing-Mind," and the fly boat " Martha." These were all well freighted with members of the Society of Friends, the greatest number of whom settled at and near Burlington ; some settled at Salem, and a few found their way to the western side of the river. Among the latter were William Clayton, Morgan Drewett, William Woodmancy, and William Oxley, and probably Henry Hastings and other Englishmen, whom we first find settled in the vicinity of Upland about this time.


The following is from the court records of 1678 :


"Jan Cornelissen of Amesland complayning to ye Court that his son Erick is bereft of his natural! sences & is turned quyt mulct and yt : hee being a poore man is not able to maintaine him; ___ ordered: that three or 4 prsons bee hired to build a Little Blockhouse at Amesland for to put in the sd madman, and att the next Court, order will bee taken yt: a small Levy bee Laid to pay for the building of ye house and the maintayning of ye sd mad man according to Lawes of ye government."


Besides the grants for taking up land, which were made by the court and entered on the minutes, there was also a memorandum made of each deed of conveyance from owner to owner. Thus, at a court held June 18 (?), 1678, a deed was acknowledged by Carell Junsen to " Morgan Druit, late of London, mariner," for a part of the land formerly of Hans Hofman, at Marcus Hook ; the deed bearing date the 18th of June. At the same time


"Jan Hendriksen, of Delowar River, husbandman, speared in Court, and then and there did aknowledge a Certayne deed or Transport unto Rodger Peddrik, of all his the said Jan hendriksen's Right, Tytle and Interest of all the Land & appurtenances Lying & being on the West syde of delowar River, called & knowne by the name of marreties hoeck, the whole tract of marreties hoeck Land being granted and confirmed by Pattent from the Right honoble governor andros, bearing date the 28th of march, 1676, unto the six possessors thereof, vizt: Charles Jansen, Oele Raessen, hans oelsen, ogle neelsen, hans bofman and him the sd Jan hendrick, and containing in the whole one thousand acres of Land; wch sd deed was signed, sealed and delivered by the sd Jan hendricks in the prsence Of Johannes De haes and Carrell Junsen, and beares date ye 18th day of June, ao 1678."


A ship from Hull arrived at Burlington this year. Among the passengers was Thomas Revel, who settled for a time within our limits, and was the clerk of the first court of Chester County.


On the 3d of April a meeting of the justices was held " at the house of Justice Peter Cock, in ye Schuylkill." The business of this meeting was about the same that is usually performed by county auditors. Sheriff Cantwell appears to have been charged with both the collection and disbursement of the taxes. His allowance " for collecting & receiving ye publicq levy, etc.," was eight hundred and





GENERAL HISTORY - 17


eighty-four gilders, being very nearly one-fourth of the whole amount collected !


Part of the record of the June court has been lost, but the minutes of the following court show that it was held on the 18th and 19th days of that month. This court resolved to impose " a levy or small tackx of fyve Gilders pr head on every Tydable prson," the payment to be made at Tinicum, thus saving the great expense of collecting, that consumed so much of the former levy. The court not having imposed a penalty for non-payment of this " small tax," the justices, upon assembling at their November court, found that their former order had " Layne dorment," and finding themselves "necessiated," issued a new and very rigid order, " that every Tydable within the Jurisdiction of this Court, who have payed their levy Laest yeare, doe wthn the space of 14 days now next Ensuing come and pay Each of them 5 Gilders as formerly, and that they bring ye same unto Tinnecong Ysland in ye hands of Mr Otto Ernest Cock; this order to be published and fixed up att the churches of Wicaco and Tinnecong to ye end no prson may plead Ignorance."


A jury was impaneled in a case tried at this court, being the first which appears on the records of Upland court, and was doubtless the first jury that was impaneled within the limits of Pennsylvania. Though not necessary under the " Duke's Laws" to have more than six jurors there were twelve impaneled on the jury in question, whose names here follow, viz. : " hans moens, dunk Williams, Xtopher Barnes, Edm: draufton, Peter Yocum, Isacq Sauoy, Jan hendricks, Jonas Kien, moens Cock, John Browne, Jan Boelsen, henry hastings." It required only a majority of the jurors to bring in a verdict ; but there is nothing to show that they were not unanimous in the present case. The court, however, determined to be judges both of the law and the facts, "suspended" the verdict, and at the next court tried the case themselves, and reversed the decision of the jury.


March 12, 1678-79, Rodger Peddrik and William Hews, " Joynt partners wt" ye Rest of ye Inhabitants of marretties hock," petitioned for a division of the land between all the owners. " The Col.' answer that the Peticonrs or those who are not sattisfyed ẘ' ye devision wcll of old bath ben and still is ; may att their proper Costs have ye same new surveiged & sheared." The next day Rodger Peddrik acknowledged a deed to William Huges for one-half of his land at marretties hock, and William Clayton received a deed from Hans Oelsen for his share at the same place.


THE FIRST COURT-HOUSE.


The " House of Defence" appears to have been built on the private property of Neels Laersen. At this court he was ordered " to make or leaue a lane or street from Upland creeke to yc : house of defense or Country house, or in default to be fined at the discretion of the court." The appellation " Country House," sufficiently indicates the uses to which the " House of Defence" was now appropriated. We have seen that its completion was urged in order that the courts might be held there, and it is probable that it was used as a place for the transaction of public business generally. For whatever other purpose the " House of De-


- 3 -


fence" may have been used, it was certainly the first courthouse within our limits.


The attention of the New Castle court was frequently occupied with church disputes and differences. The following is the most remarkable instance of the interference of the Upland court in ecclesiastical affairs :


"Nov. 25, 1679, it being Represented to ye Court by the Church Wardens of Tinnagcong and Wicaco Churches that the fences about ye Church yards, and other Church buildings are mutch out of repair, and that some of the People, members of ye sd Churches are neglective to make the same Up etc: The Cort haueing taken ye premises into Consideracon, doe find itt necessary to order, authorize & Impower, and doe by these prsents order, authorize & Impower the Respective members of yc sd Churches, from tyme to tyme, and att all tymes when itt shall bee found necessary, to build, make good and keepe in Repair the sd Church yard fences, as also the Church and other the appurtenances thereof, and if any of the sd members upon warning doe proove neglective In the doeing of their proportion to the same, They and each of them to forfeit fifty gliders for each such neglect, to bee Levyed out of their goods and Chattels Lands and Tenements."


A new commission for justices was issued May 28, 1680, by Governor Andros, in which the number was reduced from six to five, two of whom were English.


As nearly as can be ascertained the places of residence of the justices were as follows : Israel Helm, at Upland ; Otto Ernest Cock, at Tinicum ; Henry Jones, at or near Wicaco ; Lawrence Cock, at Moyamensing ; and George Brown, nearly opposite to Trenton. As the Duke of York, about this time, upon the judgment of Sir William Jones, yielded his rights to the government of West Jersey, the jurisdiction of the new justices did not extend to the east side of the river. They held their first court at Upland on the 8th of June, and among other things ordered a poll tax of one scipple of wheat, or 5 gilders to be levied, " for defraying ye charges of this court's sitting," to be brought unto Justice Otto Ernest, att Tinnagcong Island.


The justices also assumed the authority of removing the seat of justice from Upland. They say that


“ In regard that Upland Creeke where ye Court heitherto has sate, is att ye Lower End of ye County; The Court therefore, for ye most Ease of ye People, have thought fitt for ye future to sitt and meet at ye town of Kingsesse in ye Schuylkills."


The first court was held at the new seat of justice on the 13th of October. If the increased amount of law business, and the character of a considerable portion of it resulted from the removal of the court, the justices gained but little by the change. Among the cases tried were three for " Slaunder and defamation."


During the year 1680, William Penn had been perseveringly but successfully negotiating with King Charles II. and his ministers for a grant of the territory that now constitutes our great commonwealth. The only European settlements comprised within its limits were included in TJpland County, and were subject to the jurisdiction of Upland court. Though Lord Baltimore, the proprietor of Maryland, was aware of every step taken by Penn to secure his grant, and, through his agents, interposed objections, it is not probable that the people included within the limits of the embryo province had the faintest idea that they were about to be transferred from the iron rule of the unscrupulous Duke of York to the mild and peaceful government of the Quaker proprietor. The patent to Penn was exe-


18 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


cuted on the 4th of March, 1681, while the last Upland court, under the Duke of York, adjourned on the 14th of June, " till ye 2d Teusday of ye month of September,"—the very last act of the judges being the appointment of a surveyor and overseer of the highways from Poetquessing Creek to the falls of the Delaware (Trenton), the furthest point to which settlements had then been extended.


Information of the grant to William Penn must have been communicated officially to the government at New York shortly after the adjournment of the last session of the Upland court. Governor Andros being absent, the king's letter on the subject, addressed to the inhabitants within the limits of the grant, was laid before Anthony Brockholl, the commander, and his Council, no doubt, by William Markham, who at the same time submitted his commission from William Penn to be his Deputy Governor of the province. On the 21st of June the commander and Council addressed a letter " To ye severall Justices of ye Peace, magistraets and other officers inhabitting wthin ye bounds and limits of the grant to Penn, notifying them of the change in their government, which letter was sent by Col. Markham, who, no doubt, within a few days after the date of' the letter, reached his government, and entered upon the duties of his office. This letter is the last entry made in the book containing the record of the Upland court.


Col. Markham's commission, as published in Hazard's " Annals," bears date the 10th of April, 1681, and it appears to have been laid before the government at New York prior to the 21st of June following. He doubtless proceeded directly to his government, and entered upon the responsible duties with which he had been intrusted. He could have made but little delay, for we find that on the 13th of September—the very .day to which the old Upland court had adjourned—a newly-organized court for Upland County was sitting and transacting business, composed of justices, sheriff, and clerk, holding their appointments under him, and on the 30th of November the Deputy Governor himself presiding over the same court.


Governor Markham was the bearer of a letter, dated two days earlier than his commission, from William Penn, " for the inhabitants of Pennsylvania," which he was directed to read. In this letter the proprietor promises his people that they shall be governed by laws of their own making that he will not usurp the rights of any, nor oppress his person and, in short, that he would heartily comply with whatever sober and free men could reasonably desire for the security and improvement of their own happiness. This letter is in the well-known hand of William Penn.


The commission to Col. Markham empowers him " to call a Council, and that to consist of nine, he presiding." In pursuance of this authority, he selected for that important trust Robert Wade, Morgan Drewet, Wm. Woodmanson, William Warner, Thomas ffairman, James Sandelandes, Will. Clayton, Otto Ernest Koch, and Lacy Cock. Unfortunately, no part of the record of the doings of this Council has come down to us, except their attestation,* as follows :


* A fac-simile of this attestation is given in the recent publication by the State of the "Duke of York's Laws," etc.


"Whereas wee whose hands and Seals are hereuunto sett are Chosen by Wm. Markham (agent to Win. Penn, Esqr., Proprietor of ye Province of Pensilvania to be of the Councill for ye sd province doe hereby bind ourselves by our hand and Seales, that wee neither act nor advise, nor Consent, unto any thing that shall not be according to our own Consciences the best for ye true and well Government of the sd Province, and Likewise to Keep secret all ye votes and acts of us The sd Councell unless such as by the General Consent of us are to be Published. Dated at Upland ye third day of August, 1681," the day on which a government was first established for the province of Pennsylvania. Upland was undoubtedly the seat of that government.


While the public mind in England, particularly the Quaker element of it, was thus directed to the new province, Governor Markham was administering affairs here very much after the fashion that had heretofore prevailed. He appears to have been indisposed to make any unnecessary innovations on the established order of things. It has already been mentioned that the first court under the new government was held on the day to which the last session of the former court had adjourned. The first session of the new court was not, however, at " the towne of Kingsesse," but at Upland, where, no doubt, Governor Markham had fixed his residence. The record commences thus :


"Province of Pennsilvania: At the Cort at Vpland, September 13th, 1681—


mr William Clayton,

mr Robert Lucas,

mr William Warner,

mr Lassey Cock,

mr Robert Wade,

mr Swan Swanson,

mr Otto Ernst Cock,

mr Andreas Bankson,

mr William Byles,

Justices present.


mr John Test, Sheriffe.

mr Tho : Revell, Clarke."


Of the justices, five are Englishmen and four Swedes, two of whom had been members of the former court. The duke's laws were now inoperative. In pursuance of the Deputy Governor's instructions, all was to be done "according to the good laws of England." But the new court, during the first year of its existence, failed to comply with these laws in a very essential particular,—persons were put upon trial without the intervention of a grand jury. No provision was made under the duke's laws for this safeguard of the citizen, and the new justices acted for a time in accordance with former usage. A petit jury, so rare under the former court, now participates in every trial where facts are in dispute. In criminal cases the old practice is adhered to of making the prosecutor plaintiff.


The first case tried was that of


"Peter Erickson Plaint. } Plaint.

Harmon Johnson & Margarett his wife } Defendts.


" An Amon of Assault & Batt.


"Jurors, Morgan Drewitt, Willm Woodmanson, William Hewes, James Browne, Henry Reynolds, Robert Scholey, Richard Pitman, Lassey Dalboe, John Akraman, Peter Rambo, junr., Henry Hastings, William Oxley.


" Witnesse, Willm Parker.


"The jury finde for ye Plaint & give him 6d dam. & his Cost of suit."


In the next case the same parties are -reversed and the same jurors retained. The witnesses were Anna Coleman, Richard Buffington, and Ebenezer Taylor. " The jury finde for ye Plts, and give them 408 dam. and their Costs of suite."


At this first session of the court nine cases were tried


GENERAL HISTORY - 19


and sixteen withdrawn ; among the latter were two " for disobeying the Justice's order." In the last case tried, which was for debt, the verdict was sixty-two gilders,—an evidence of the lasting influence of the ascendency of the Dutch on the river.


The jurors in attendance appear to have been twenty-six in number, the others beside those given being Richard Noble, Daniel Bronson, Richard Ridgeway, John Wood, Francis Stephenson, Roger Pedrick, Lassey Lawson, John Champion, Samuel Dart, William Clayton, Jr., Thomas Nossiter, Albert Hendrickson, Walter Pumphrey, and Mons Eustason.


"Anne Peirce haveing formerly sworne ye Peace agst Anne the wife of William Stanford, the said Anne Stanford was by warrant from Win. Bytes & Robert Lucas, Justices, brought before them, & bound over to this Cort. And was by the Curt then discharged "


"Lassey Cock, upon Proclamation in this Cort, That if any had anything against him, They should declare it: Whereupon, Daniell Brenson & Charles Brigham upon oath, together with Walter Pumphrey upon his solemne Attestation, declared what they heard certaine Indians speake against him & Capt. Edmond Cantwell. The said Lassey Cock upon oath declared his Innocency, And that hee had never spoken those words to the Indians, or any of that nature : was thereupon Cleared by the Curt."


Some of the other names mentioned were William Cobb, John Hazel], Joseph Stubbs, John Grubb, John Boles, John Cornelius, Mrs. Saunderland, Mary Nealson, Carey Nealson, Neales Lawson, and Annakey, his wife.


Letters of administration were granted by the court to Caspar Fiske on the estate of Eusta Daniell,—security in one hundred pounds, given to Robert Wade and William Clayton.


At the next court., which was held on the 30th of November, Deputy Governor Markham presided, and James Sandelandes and Thomas Fairman, with all those who held the last court, sat as justices, except William Warner, who was absent. But four cases were tried at this court ; one withdrawn, and one continued.


Three ships sailed from England for Pennsylvania this year : two from London and one from Bristol. No particulars of the arrival of the " John and Sarah," which is said to have arrived first, are given ; but we are informed by Proud that the " Bristol Factor," Roger Drew commander, " arrived at the place where Chester now stands, on the 11th of December, where the passengers, seeing some houses, went on shore at Robert Wade's landing, near the lower side of Chester Creek ; and the river having froze up that night, the passengers remained there all winter." The other ship, the " Amity," " having been blown off to the West Indies, did not arrive until the spring of the next year."


William Penn sent over as commissioners William Crispin, William Haige, John Bezer, and Nathaniel Allen, the first being also surveyor-general, but died before his arrival. The exact date of their arrival is unknown, but Thomas Holme, the successor of Crispin as surveyor-general, was commissioned April 18, 1682, and arrived about the last of June.


Though the commissioners appear to have been authorized to treat with the Indians and purchase their lands, their instructions, dated Sept. 30, 1681, show that their main business was to fix upon the site of and lay out a city,—to survey and apportion lands and city lots among the newly-arrived immigrants, who had for the most part made their purchases in England. The following extract from these instructions no doubt gave rise to the tradition that Penn had fixed on Upland, or Chester, as the site of his great city :


"That having taken what care you can for the people's good, in these respects abovesaid, let the rivers and creeks be sounded on my side of Delaware River, especially Upland, in order to settle a great town, and be sure to make your choice where it is most navigable, high, dry, and healthy ; that is where most ships may best ride, of deepest draught of water, if possible, to load or unload at the bank or keys side without boating and lightening of it. It would do well it' the river coming into that creek be navigable, at least for boats up into the country, and that the situation be high, at least dry and sound, and not swampy, which is best known by digging up two or three earths and seeing the bottom."


The next court for Upland County was held at Upland on the 14th of March, 1682, which, according to the record, is still within the year 1681. This court was held by the same, or nearly the same justices, Deputy Governor Markham presiding. The details of a trial that occurred at this court are given, to illustrate the manner of conducting judicial proceedings in these primitive times :


"John Anderson, bound by Recognizance to Appear at this Court to answer our Sovereign Lord the King upon the accusation of Richard Noble, Peter Rambo Junr, and Lawrence Lawrenson, who were bound over to prosecution. This Court proceeded upon indictment; to which the prisoner pleaded not guilty : and put himself upon the tryal &c., of this jury :


"JURORS.


"George Foreman Gent.

Albert Hendrickson

John Child

Mons Peterson

Nathaniel Allen

Wooley Rawson

Nathaniel Evans

John Cock

William Oxley

Erich Cock

John Akraman

Peter Yoakham


" Richard Noble deposed that hee, with several others, found divers peeces of burnt porke or bacon in the said Anderson's house; and also that bee the said Richard Noble with others found hidden in unfrequented places in an out house belonging to the said John Anderson, where, (as an Indian had before then informed them,) the said Anderson used to hide porke; and further deposed that the said Anderson gave out threatining words against the officers and others who came to search.


"Peter Rambo Junr., and Lawrence Lawrenson deposed the same as above. Judith Noble deposed that the said Anderson gave out threatning words against the officers who came to search.

" Francis Walker deposed that a person who bought a peece of porke of the said Anderson, told him the said Walker that the said porke had a bullet in it.


"Francis Stephens deposed that the said Anderson being asked concerning a hogg's head, (hee, the said Anderson, having then a headless hogg,) where the head then was, bee, the said Anderson, answered, bee had left the head down the river ; and the said Anderson's boy said noe, the hogg's head is upon the mill att home.


" John Hollinshead gave in his evidence before Thomas Budd, a magistrate at Burlington, which was also produced under the hand of the said Thomas Budd, being of the same import with the deposition of the aforesaid Francis Stephens.


"Thomas Wallace gave in his evidence before the same Thomas Budd, and testified under the hand of the said Thomas Budd, of the same import with the aforesaid Judith Noble's testimony.


"Another examination of notorious circumstances, of a stranger who lay at the said Anderson's, taken by Mahlon Stacey, a magistrate at the Falls, and signified under his hand.


" The jury bring in the prisoner not guilty, and thereupon by order of Court, is discharged."


20 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


The following minute of the doings of the same court is a proof that Governor Markham and his Council had placed some restraint upon the sale of strong drink :


"Henry Reynolds having appeared to answer for his selling strong liquors by small measure in his house contrary to the Governor and Councel's order ; upon his submission to the Court, was discharged."


The first appointment of overseers of highways at this court is thus recorded :


"Overseers for the High Wayes Nominated & Elected at the Cort March 14th 1681 ffor one yeare next ensueing ; for the Repayring the High Wayes within their Respective Precincts, which is to be done before the last day of Maye next, ut sequitr :


Woolley Rawson from Marcus Creeke to Naman's Creeke.

Robert Wade from Naman's [Marcus] Creeke to Upland Creeke.

William Oxley from Upland Creeke to Ammersland.

Mons Stawkett from Ammersland to Karkus Mill.

Peter Yokeham from Karkus Mill to Schore Kill ffalls.

Andreas Rambo from Schore Kill ffalls to Tawcony Creeke.

Erick Mulickay from Tawcony Creeke to Poquessink Creeke.

Clause Johnson from Poquessink Creek to Samuell Cliffs.

John Akraman from Sam" Cliffs to Gilbert Wheeler's."


Gilbert Wheeler's residence was in the neighborhood of Trenton, which shows the territorial extent of Upland County. The main road that required repairs appears to have crossed the Schuylkill and other streams at or near the head of tide-water.


"The Grant formerly made from Governor Markham to ye Inhabittants of Markus Hooke att their Request, ffor the calling ye name of ye said Towne Chichester, which said Grant beares date the Twentieth day of Aprill Anno 1682: And was Read & published in ye Curt held at Upland June ye Thirteenth Anno 1682, according to order as a Record thereof."


At the first court under his government the English currency of pounds, shillings, and pence was introduced ; but at this court there was a return to the old currency of gliders, so difficult is it to change the established customs of a people. One verdict at this court is for six hundred and sixteen gliders, and there are several for a less number. " Skipps of wheat" also occur in the proceedings.


The next court in order was held on the 12th of September, 1682. Governor Markham officiated as president, and was assisted by several of the justices that have been named.


The first grand jury that ever sat in Pennsylvania of which there is any record was summoned to attend at this court. Their names, as given in the minutes of the court, are William Clayton, Thomas Brassey, John Symcock, Thomas Sary, Robert Wade, Lawrence Cock, John Hart, Nathaniel Allen, -William Woodmanson, Thomas Coebourne, John Otter, and Joshua Hastings ; being one-half the usual number. These jurors were summoned in the case of Lassey, alias Lawrence Dalboe, and are called " his grand jury."


Dr. Edward Jones, with other Welsh purchasers, sailed from Liverpool in the ship " Lyon," John Compton master, and arrived in the Schuylkill River 13th of 6th month, August, 1682. On the 26th of the month he wrote to his friend, John ap Thomas :


"This shall lett thee know that we have been aboard eleaven weeks before we made the land (it was not for want of art but contrary winds) and one we were in coming to Upland, ye town is to be buylded 15 or 16 miles up ye River. . . . We are short of our expectation by reason that ye town is not to be builded at Upland, neither would ye Master bring us any further, though it is navigable for ships of greater burthen than ours. Ye name of town lots is called now Wicoco : here is a Crowd of people striving for ye Country land, for yc town lot is not divided, & therefore we are forced to take up ye Country lots."


The arrival of John Sharples and family at Upland is set down as the 14th of 6th month, 1682. It is possible they may have come on the vessel above mentioned, as that is the date of its arrival, given hereafter.


At the court held Nov. 30, 1681, the names of Michael Izard, John Greensell, and Robert White appear.


March 14, 1681-82, we find John Childe, Nathaniel Evans, Nathaniel Allen, John Grubb, and John Grice.


June 13, 1682, Thomas Coebourne, Silas Crispin, Jeremiah Collett, William Shoote, Mathias Houlstead, Henry Grubb, Thomas Withers.


Sept. 12, 1682, Thomas Cross, John Otter, John Harper, John Hickman, James Kennelly, Nathaniel Lamplugh, Samuel Noyes, Joshua Hastings, John Hastings, Richard Few, John Martin.

At this last court a case appears in which Nathaniel Evans is plaintiff and John Hickman defendant :


" Nathaniel Lamplough & Samuell Noyes proves yc declaration : Katharine Winehcome's evidence rejected as a ptye. Geo : Andreas deposeth, That hee same ye Defdt come with ye maid to Vpland in order to her delivry to ye Plaint. ye 4th Aug: last, which was within 8 dayes after yc agreemt. But by the witnesse owne Testimony makes himself a litye & invalids his Evidence." .

An action, John Martin vs. Richard Dymon, was admitted to a reference by request of Thomas Holme, who appeared for the defendant. Dymon, or Dymond, was master of the " Amity" at a later date, and was now perhaps absent at sea.


This was the last court held at Upland under that name. Dr. Smith says,—


" The world did not contain a more busy man than William Penn, from the time the charter for Pennsylvania was granted to him until he sailed for America. Besides the documents issued by him, that have already been mentioned, he incorporated a company with extraordinary powers and privileges, styled the Free Society of Traders;' he published his Frame of Government for the province of Pennsylvania, together with certain laws agreed upon in England by the Governor and divers freemen of the aforesaid Province;' he obtained from the Duke of York a release of any claims he might have to the province of Pennsylvania; and also two deeds of feoffment for the territory now constituting the State of Delaware, * —one being for twelve miles round New Castle, and the other for the balance of the territory below ; he wrote innumerable letters to his friends, and sundry epistles to the settlers and the Indians, besides being subjected to various importunities to part with his lands and to confer privileges on terms different from those which he had adopted and published.


"With his mind thus overtasked with questions of the highest moment, would it not have been wonderful if he had committed no mistakes? Is it not strange that he committed so few ? We may at this day be startled at some of the privileges granted to The Free Society of Traders;' but may we not, with Penn's limited experience with corporations, believe in the sincerity of his assurance, that it was a Society without oppression : wherein all may be concerned that will; and yet have the same liberty of private traffique as


* Although the territory west of the Delaware had been governed by the Duke of York, he at this time held no valid title to any part of it. King Charles II. made a regular conveyance to him of the country comprised within the present territorial limits of the State of Delaware on the 22d of March, 1683; the deeds from the duke to Penn for the same country were executed on the 24th of August, 1682. See Has. Reg., i. 429, 430 ; ii. 27.




GENERAL HISTORY - 21


though there were no Society at all.' Certainly we may concede this much, when it is known that he resisted the 'great temptation' of £6000 and two and a half per cent. acknowledgment or rent for a monopoly of the Indian trade between the Susquehanna and Delaware with 30,000 acres of land, the Indian title of which to be extinguished by the corporation. Penn's ideas of government were greatly in advanee of the age in which he lived. The few errors he committed were the result of surrounding circumstances. No friend of humanity can quibble over these, when he reflects upon the mighty impulse that was given to the cause of free government by his many wise and prudent measures.


"Having completed his arrangements in England, Penn sailed from Deal on the 30th of the Sixth month (then August), on board of the ship Welcome,' Robert Greenaway commander, in company with about 100 passengers, mostly members of the Society of Friends, the major part of whom were from Sussex. Great distress was experienced during the passage, in consequence of the breaking out of the smallpox, of which loathsome disease 30 of the emigrants died. Otherwise the voyage was prosperous, the vessel arriving at New Castle on the 27th of October, 1682. On the next day, Penn having porduced his deeds of feoffment from the Duke of York for the twelve miles surrounding New Castle, and also for the country below, the possession and seisin of the New Castle grant were formally given to him by John Moll and Ephraim Herman, who had been constituted attorneys for that purpose by his Royal Highness. At the same time a number of the inhabitants signed a pledge of their obedience to the proprietary. On the same day he commissioned justices for New Castle, and constituted Markham his attorney to receive the possession of the territory below from the attorneys of the duke.


"A letter addressed to Ephraim Herman in respect to summoning a court to be held at New Castle on the 2d of November, and dated at Upland on the 29th of October, shows that he had then arrived at his seat 9f government. He may have arrived the day before. The fancy of the artist has portrayed the landing of Penn at Upland; but neither the hour, the day, nor the manner of his landing is certainly known.


"He landed at Upland, but the place was to bear that familiar name no more forever. Without reflection, Penn determined that the name of this place should be changed. Turning round to his friend Pearson, one of his own society, who had accompanied him in the ship Welcome,' he said, Providence has brought us here safe. Thou hast been the companion of my perils. What wilt thou that I should call this place?' Pearson said Chester,' in remembrance of the city from whence he came. William Penn replied that it should be called Chester, and that when he divided the land into counties, one of them should be called by the same name.' Thus from a mere whim the name of the oldest town ; the name of the whole settled part of the province; the name that would naturally have a place in the affections of a large majority of the inhabitants of the new province, was effaced to gratify the caprice or vanity of a friend. All great men occasionally do little things."


Immediately after Penn's arrival he dispatched messengers to Lord Baltimore, evidently for the purpose of procuring an interview and a settlement of their difficulties. He at the same time went to New York to " pay his duty" to the duke by way of a visit to his government. Upon his return he caused three counties to be laid off,—Chester, Philadelphia, and Bucks. This is said, upon what authority we know not, to have been done Nov. 25, 1682.


PASSENGERS ON THE " WELCOME."


No full record of those who accompanied Penn on the " Welcome" seems to have been preserved, but Edward Armstrong, Esq., several years ago prepared from various sources a tolerably complete list, which is here given. It is likely that, including children, the number was over one hundred :

"The captain of the Welcome' was Robert Greenaway. He died April 14, 1685.


"The passengers were :


"John Barber and Elizabeth, his wife, a daughter of John Songhurst, of Shipley, county of Sussex, England. A 'first purchaser.' He is supposed to have died on the voyage.


" William Bradford, of Leicester, England, the earliest printer of the province. Among his earliest publications was an almanac, printed in Philadelphia, the title-page of which was as follows: 'An Almanack for the year of the Christian Account, 1687, by Daniel Leeds, Student in Agriculture; printed and sold by Willliam Bradford, pro anno, 1687.' He subsequently removed to New York, and established The .New York Gazette, the first newspaper published in that city. He passed an active and useful life, and died in 1752, aged 89 years. His descendants have been numerous, and many of them have occupied highly respectable and influential positions in society.


" William Buckman, Mary, his wife, and children, Sarah and Mary, of the parish of Billinghurst, Sussex.


"John Carver and Mary, his wife, of Hertfordshire. He suffered, in 1681, in the persecutions of the Quakers in England; was a 'first purchaser' ; died in 1714.


"Benjamin Chambers was sheriff of Philadelphia in 1683, the year after his arrival, and his name frequently appears as a participant in public affairs.


"Thomas Croasdale and Agnes, his wife, and six children, of Yorkshire.


" Ellen Cowgill and 'family.'


"John Fisher, Margaret, his wife, and son John.


"Thomas Fitzwater and wife Mary, and children, Thomas, George, Josiah, and Mary. His wife and children, Josiah and Mary, died on the passage. He settled in Bucks County, and was a member of the Assembly in 1683; a valuable citizen, and eminent member in the Society of Friends. Ho died 6th October, 1699.


" Thomas Gillett.

" Bartholomew Green.

"Nathaniel Harrison.


"Cuthbert Hayhurst, his wife and family. He suffered in England on account of his religious principles. He was from Yorkshire, and a first purchaser.'


"Thomas Heriott, of Hurst-Pier-Point, Sussex, suffered in England on account of his religious principles; was a first purchaser.' He is supposed to have died on the voyage.


" John Key.


" Richard Ingels, was clerk of the Provincial Council in 1685. "Isaac Ingram, of Gatton, Surry, suffered in England on account of his religious principles. He is supposed to have died on the voyage.


"Thomas Jones.


" Giles Knight, Mary, his wife, and son Joseph, of Gloucestershire. They settled in Bucks County.


" William Lushington.


"Jeane Matthews.


"Hannah Mogdridge.


"Joshua Morris.


"David Ogden, probably from London.


" Evan Oliver, with Jean, his wife, and children, David, Elizabeth, John, Hannah, Mary, Evan, and Seaborn, of Radnorshire, Wales. The last named was a daughter, born at sea, almost within sight of the Capes of Delaware.


" ____ Pearson. It was at his suggestion that the name of Upland was changed to Chester his first name is supposed to have been Robert.


" Dennis Rochford, of the county of Wexford, Ireland, and wife Mary, daughter of John Heriott, and daughters Grace and Mary, Both of the latter died at sea.


"John Rowland and Priscilla, his wife, of He was a ‘first purchaser.'

"Thomas Rowland, of the same place,


"William Smith.


"John Songhurst, of Sussex. He was a member of the first Assembly, a writer in defense of the in his society.


"John Stackhouse and Ms "


George Thompson.


"Richard Townsend, wife Anne, daughter of Hannah, and son James, who was born on board the “Welcome” in Delaware River; an eminent minister in the Socity of Friends.


"William Way, of the parish of Hankton, Sussex; probably died on the vogyage.


22 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


"Thomas Walmesly, Elizabeth, his wife, and sons Thomas and Henry, a daughter, and three other children. He was from Yorkshire.


"Nicholas Waln, wife, and three children, of Yorkshire. He was prominent in the early history of the province; a 'first purchaser.'


"Joseph Woodroofe.


"Thomas Wrightsworth and wife, from Yorkshire.


"Thomas Wynne, of Flintshire, Wales. He was speaker of the two first Assemblies held in Philadelphia. He wrote several tracts in defense of the Society of Friends, and the historian Proud says he was a person of note and character.' Chestnut Street, in Philadelphia, is said to have been originally named after him."


ARRIVALS BETWEEN 1682 AND 1688.


A partial registry of arrivals was made between the years 1682 and 1688, but for what reason is not very clear. That it was not made at the time of the arrivals is evident from the irregularity of dates and some inaccuracies therein. Many of those who came as servants were bound to serve a certain length of time after their arrival, and it was doubtless on account of these that a record was made, but many others are also given. An impression prevails with some persons that all the early immigrants were registered, but that was not the case, on this side of the water at least but it need not be remarked how valuable such a record would now be. The original of the list here given is in possession of the Pennsylvania Historical Society, together with another made especially for Bucks County, which contains some additional names. It is quite possible there was one for Chester County, but no such document has been referred to in late years. Many of those in the following list settled in Chester County.


10, 9, 1682. " The Antelope" of Bellfast arrived here from Ireland. James Attkinson arrived here and Jno Ashbrook, his servant. 9, 20, 1682. "The Morning Starr," Thomas Hayes, mastr, arrived from Liverpool (about this time).


Henry Atherly, shoomaker, a freeman.


9 mo 1683. William Morgan and Elizabeth his wife, both free, arrived at Philadelphia in the same ship from Liverpool.


1, 20, 1686. "The Jeffries," Thomas Arnold Mr., from London.


Johannes Cassel, a German; his children, Arnold, Peter, Elizabeth, Mary, Sarah.


Sarah Shoemaker of the Palatinate, widow; George 23 years old, Abraham, 19, Barbary, 20, Isaac, 17, Susanna, 13, Elizabeth, 11, Benjamin, 10,—all her children.


Joseph Ransted, Gardner, from London.


11, 28, 1687. "The Margaret" from London, John Bowman, Comander.


Pasco Belite, servant to John Tizacke, bound at London for four years next ensuing his arrival in this province & registrd in the now office in London erected by Letters patent for that purpose.


John Colly, late of Saviour, Southwark in Old England, fellmaker, came in the " Eliz : & Mary," John Bowman Mr:, arrived here ye 22 7m. 1683.


Fran Rosell late of Maxfield in Cheshire, in Old England, came in the " Endeavr," of London, Geo. Thorp Mr., arrived here the 29, 7 mo. 1683.


Michael Rosell, late of the same place, husbandman, came in the said vessel!.


Tho : Janeway (Janney) & Margaret his wife, late of Pownell in Cheshire, husbandman : children, Jacob, Thomas, Abel & Joseph Janeway : servants, John Neild, Hannah ffalknr.


Jos. Milnr & Ann his mother, late of Poonnell, blacksmith : children Sarah and Ralph Milnr.


Ralph Milnr & Rachell his wife, late of ditto, carpentr, came in ditto vessell : child Robert.


Tho: Pierson & Margt his wife, late of ditto, mason.


John his Brother & Mary Smith his sister, all of the same place, came in ditto vessell.


John Nickson & Margery his wife, late of Powell in Cheshire, husbandman, came in ditto vessell : children John, Thomas, James, Nehemiah, Joseph, & Shedrick Nickson : servant James Whitakr.


Mary, Jane, Margery & Elizabeth Nickson (children).


John Clous & Margery his wife, late of Gosworth in Cheshire, husbandman, came in ditto shipp : children, Win, Margery & Rebeckah Clous : servants—Jos : Charley, John Richardson, Sam : Hough.


Richard Hough, late of Maxfield in Cheshire, husbandman : servants—ffran : Hough, Jam : Sutton, Tho : Woodhouse, Mary Woodhouse.


Fran : Stanfield & Graas his wife, late of Garton in Cheshire, Husbandman, in ditto shipp : children, Jam : Mary, Sarah, Eliz : Gras & Hannah Stanfield : servants—Dan : Browne, Tho : Marsey ; Isa: Brookesby, Rob. SidBotham, John Smith, Robt Bryan, Win. Redway, Tho : Sidbotham.


John Maddock, Joynr

Richard Clous, Joynr

John Clous, shoemaker.


Char : Kilbeck, Glover—all of Nantwitch in Cheshire, came in ditto shipp.


Geo : Philipps & Ralph Duckard, servants to Henry Maddock. Daniell Sutton, Taylor.


John Presonr, blacksmith—both of Maxfield in Cheshire, came in ditto shipp.


& Jo : Charlesworth, Tan', of the same place.


John Oudlield, Taylor of the same place in ditto ship.


John Howell & Mary his wife, late of Budworth in Cheshire, Husbandman, came in ditto vessell, and Hannah his daughtr.


Mary Taylor, late of Clatterwitch in Cheshire, came in ditto shipp : children, Isaack, Tho : Jona : Pheb : Mary & Martha Taylor.


Anne Robothan, servt to the Mr of the sd Ketch.


Leonard Aratts & Agniscan his wife, late of Cresset [?] near Rotterdam, in Holland, came in the — of Lond. Wm Jeffries, comfit; arrived here the 6 of S mo. 1683.


Leonard Teison, his Brother, a freeman.


James Claypoole, merchant & Helenah his wife, with 7 children and 5 servants, viz., Hugh Masland and his wife, to serve 4 years, Sissilla Wooley, 4 year and Edward Cole Junr to serve 7 year.


The " Providence" of Scarbrough, Robt Hopper Mr (arrived 10th of 9 mo. 1683).


Joshua Hoopes and Isabel] his wife, late of Cleveland in Yorkshr, husbandman, came in ditto shipp : children, Dan : Marg : and Christian Hoopes.


John Palmer & Christian his wife, late of ditto place, came in ditto ship.


William Preeson, Mr of the "Vine" of Liverpoole arrived the 17th day of the 7 mo. 1684 At Philadelphia, from Doly Serre near dolgules in Merionethshire.


Robert Owen, Jeane his wife and Lewis their sone; one servt Boy named Edward Edwards, for 8 years, & 4 servt maids, named Lowry Edwards, for 4 yrs., Margaret Edwards, for 4 yrs., Ann Owen, for 12 years, and Hannah Watt for 3 yrs.


From Denbyshire David Davis & Katherine his sister & Mary Tidey her daughter and one servt man named Charles Hues, for 3 years.


From Macchinleth in Montgomeryshire, Hugh Harris & Daniell Harris.


John Richards & Susan his wife and their daughters Hannah & Bridget, and one servant named Susan Griffith, for 8 years.


Margaret the wife of Alexander Edwards and her daughters Margaret & Martha, and 2 sones, Alexander A Tho.


From Radnorshire—


Rees Prees & his wife, Ann, & their daughters Mary Sarah and Phebe, and two sones Rich : & John.


Jane Evans, widdow, and her 4 daughters, Sarah, Mary, Alice and Eliza: and one sone named Joseph.


From Merionethshire—


Rees Jones & his wife Hannah and their sones Rich : & Evan and one Daughter named Lowry.


From Carmarthenshire-


Ane Jones and her daughter Ane Jones.


From Shropshire—Richard Turner & Margaret his wife & Rebecca their daughter.


From Prescoe in Lancashire—Griffith Owen & his wife, Sarah and their sone Robt & 2 daughters, Sarah and Elinor & 7 servants named


GENERAL HISTORY - 23


Tho. Armes, John Ball, 4 years, Robert Lort for 8 years, Alexander Edwards, Jeane, Bridgett & Eliza : Watts, 3 years.


From Walton in Lancashire-


Henry Baker & Margaret his wife & their daughters Rachell, Rebecca, Phebey & Hester, and Nathan & Samuel their; sones : Mary Becket & 10 serves named John Siddell for 4 four years, Hen. Siddell, 4 years, James Yates, 5 years, Jon Hurst, 4 years, Tho : Fisher, 4 years, John Stedman, 4 years, Tho: Candy (Canby) for, Joseph fferror, 4 years, Deborah Boothe, 4 years, Joshua Lort 4 years.


From Lancashire-Wm Hatton & Eliza: his wife, Rebecca, Martha & Elinor Hall ; their servants-Tho. Harrison for 2 yeares, John Cowp, for 4 yeares, Lawrance Parker for 5 yeares, Katherine Owen for 4 yeares, Mary Hall for 8 years. Eliz : -Stedman, Sarah & Judeth Buller, her daughter, Jos : Stedman, her son : Rebecca Barrow.


The ship "Providence" from Old England, Capt Robert Hopper, Comander, Arived here in Deleware River the 29th of the 7th month, 1682.


William Carter.


John Lash.


The Ship called the " Bristol Comfort" from Old England, John Read Master, arrived here in Delaware River the 28th of the 7th month, 1683, & in the same came Alexander Beardsley & Margaret his wife & his daughter Mary : the said Alexander is a Glover & he came from Worcester.


Tho: Bowater out of Worstershire, servant to ffrancis ffincher out of Woster city, Glover, for three years : they came in the ship aforesaid.


Richard Hillyard and Mary his wife and. Rich : and Philip his sons, and John Witt his servant.


Christianus Lewis late of Dudley in Worstershire in Old England, schoolmaster, came in the " Comfort" of Bristol, Capt. Reed; arrived here the 1, 8 mo. 1683.


Geo. Paintr and Ellinor his wife, late of Haverford West in Pembrokeshire, in South Wales, Husbandman, came in ye " Unicorne" of Bristow, Tho : Cooper Mr.; arrived here ye 31, 8 mo. 1683 : children, Susan and Geo : Paintr : servts Lewis - 4 years-Cloathes 2 yeares & wages ye last two years; Jannet Umphries, 4 years.


Dennis Rochford, son of William Rochford, who was Born in Emstorfey in the county of Wexford in Ireland aboute the yeare '47; And through the goodness and mercy of the Lord was convinced of god's blessed truth Aboute the yeare '62 : went into England and Landed in Whitehaven in Cumberland' the 30th of the 3d month, 1675; dwelt in Brighthelmston in Sussex 3 years & kept a grocer's shop, and came into the province of Pennsilvania with Mary his wife, Daughter of John Heriott, of the parish of hostper poynt in Sussex in Old England (she was Born on the 14th of the 3d month '52,) in the ship called the " Welcom," Robert Greenaway comander, with two servants, Tho : Jones & Jeane Mathews : the said Dennis' two daughters, Grace and Mary Rochford, dyed upon the seas in the said ship; Grace being above 3 years old and Mary being 6 months old : the said Dennis Rochford Landed wth his family in Pennsilvania about the 24th day of the 8th month 1682. Mary Rochford the second daughter of Dennis & Mary Rochford was born in the Province of Pennsilvania at Egely poynt, in the county of Philadelphia, the 22th of the 8th mo. 1683, between 10 & 11 at night, she being the second daughter of that name. [The " Welcome" did not arrive so early as here mentioned by a few days.]


Robert Turner, late of Dublin, in Ireland, mercht, came in ye "Lion" of Leverpool, John Crumpton Mr; arrived here the 14, 8 mo. 1683 : child Martha : servants, Robe Threwecks, 4 yrs., Henry Furnice, 4, Robe Selford, 4, Ben Acton, 4, John Reeves, 4, Robe Hambidge, 4, Richard Curtis, 4, .John Furnace, 4, Dan : Furnace, 9, Robt Threwecks, 13, Lemuel Bradshaw, 4, Robs Loyd, 4, Wm Long, 4, Hen : Hollingsworth, 2, Aiolce Cales, 4, Kath. Furnace, 6, Jos : Furnace, 4.


Joseph Fisher & Elizabeth Fisher his wife, late of. Stilorgin near Dublin, in Ireland, yeoman, borne in Elton in Cheshire, came in ditto ship : children Moses, Joseph, Mary, Martha Fisher : servants, Edward Lancastr, 4 yrs, Wm Robertson, 4, Ed: Doyle, 4, Ben : Clift, 4, Tho : Tearewood, 4, Rob. Kilcarth, 8, Petr Long, 2, Phill : Packer, 4, Wm Conduit, 4, Mary Toole, 4, Eliz Johnson, 4.


Mary Calvert, late of Dublin, came in ditto ship.


The "Rebecca" of Liverpoole, James Skinner commander, Arived at Philadelphia the 31th of the 8th month, 1685.


The passengers names are as followeth, &c.:


John Cutler, Edmond Cutler, Issabell Cutler, Elizabeth Cutler, Thomas Cutler, William Cutler, freemen, from Bulland in Yorkshire.


Richard Mather, Cornelius Netherwood, James Myriall, William.. Wardle, James Molenex, Eliz: Wingreene, servants to John Cutler.


Thomas Bates, a freeman.


James Ratclife, Mary Ratclife, Richard Ratclife, Edward Ratclife, Rebecca Ratclife, Rachell Ratelife, free persons from Monsebury in Lancashire.


James Heyworth, Robert Hewit, James Rothwell, servants to the said Ratclife.


Richard Cureton & Margaret, his wife, William Cureton, his sone, Jane Cureton his Daughter, free persons.


James Holgate, Ann Dugdale, servants to the said Cureton. Mathew Holdgate & Mary his daughter, free persons.


John Lathum, Ann Lathum, his wife, John Jennings, his wife's son, John Lathum, his son, Aron Lathum, his sone, Moses Lathum, his sone, Ann Lathum his Daughtr, free persons.


James Scoles, John Scoles, Hester Rothwell, free persons.


The "Bristoll Merchant," John Stephens comander, arived here the 10th of the 9th month, 1685. The passengers names are as followeth, yizt:


Jasper Farmer, senior, his family-


Mary Farmer, widow. Edward Farmer, Edward Batsford, Sarah Farmer, John Farmer, Robert Farmer, Katherine Farmer, Charles Farmer.


Jasper Farmer, Junior's, family,-Thomas Farmer, Katherine Farmer, widow, Elizabeth Farmer, Katherine Farmer, Junior.


Their servants are as followeth:


Joane Daly, Philip Mayow and Helen, his wife, John Mayow, John Whitloe, Nicholas Whitloe, Thomas Young & his wife, William Winter, George Fisher, Arthur Smith, Thomas Alferry, Henry Wells, Robert Wilkison, Elizabeth Mayow, Martha Mayow, Sarah Binke, Shele Ocevan, Andrew Walbridge, all from Ireland.


Thomas Webb & Daniel Webb his son.


Thomas Webb's servants are as followeth :


John Beltshire, John Robinson, Richard fford, James Banbury, Thomas Case, Henry fford, John ffox, Derby Haley, Joseph Case, Thomas Burke, John Garrell, John Mehone, David Quinn, Mary Widdam, Prudence Stuart, Katherine Robinson, Richard Muske.


Nicholas Scull : his servants-Samuel Hall, Cornelius Davy e, George Gooding, Miles Morin, Daniell Morin, John Ward, Mary Cantwell.


Thomas Carter's family-Thomas Carter, senior, Frances, his wife, Thomas, his sonn, Henry, his sonn, John, his Bonn, Ann, his daughter.


Jonathan Thatcher.


Arrived here the 29th of the 7th month 1682, the ship called the "Elizabeth Anne & Catherine," from Old England, Thomas Hudson commander.


Robert Kent, servt to Philip Orford.


Arrived here the 6th of the 6th month 1685, the ship " Charles," from London, Edmond Pane commander.


John Marlton, servt to Robert Kent.


The " ffrancis & Dorothy," from London, Richard Bridgeman commander, Arrived at Philadelphia the 12th of the 8th month, 1685. The passengers names are as followeth :

Isaac Sheepheard and Gertrude his wife and Margaret his daughter. John Peter Umstat and Barbara his wife, John his Bonn, Margaret and Eave his daughters.


Garret Hendrix and Mary his wife and Sarah his daughter. Henry Fry, his servant.


Peter Shoomaker and Peter, his sonn, Mary his daughter & Sarah his cosen ; Frances and Gertrude, his Daughters.


Henry Pookeholes and Mary his wife.


Aron Wonderly.


John Saxby and Elizabeth his wife and John, Thomas, Elizabeth, Lucy and Ester his children.


The " Vnicorne" from Bristoll arrived here the 16th of the 10th month, 1685; Thomas Cooper commander. The passengers names are as followeth :


Daniell Flower, Mary Bradwell, Mary Bradwell, Jr., Sarah Brad-well, Thomas Mixon, Tho : Mixon, Junr., Philip Doling, Mary Townsend, Hannah Smith, Tho : Martin, Margery Martin, Mary Martin, Sarah Martin, Hannah Martin, Rachel Martin, Tho : Hopes, John Hopes, Moses Mendinhall, Godden Walter, Joshua Chart, Sam : Chart, Jane Chart, Jane Chart, Junr., John Roberts, Joseph Morgan, Ben-


24 - HISTORY OF CHESTER COUNTY, PENNSYLVANIA.


jamin Morgan; Tho : Tushin, Anne Morgan, Faith Wotten, Eliz : Philpot, Henry Laking, Sarah Laking, Susanna Laking, Moses Laking, John Ironmonger.


The Ship "the Desire," from Plymouth in Old England, Arived here the 23th of June, 1686, James Cock comander.


Francis Rawle, sen., Francis Rawle, Junr.; his servants are—Thomas Janveries, als January, Francis Jervice, John Marshall, Samuel Rennell, Isaac Gamier, Elizabeth Saries.


Richard Grove: his servants are—David Savanplane, David Benifoye.


Nicholas Pearce: his servants are—Richard Weymouth, John Fox.


James Fox & Elizabeth his wife: children, George Jame, Elizabeth & Sarah : servants, Richard Fox, Stephen Nowell, Christopher Lobb, Richard Davis, Nathaniell Christopher, Abraham Rowe, Mary Lucas, Sarah Jefferies.


John Shelson & Naomie, his wife; his servants are—John Hart, John Cocker, Justinian Fox, Mary Welsh.


James Shaddock & Jeane his wife : servants—Jacob Coffin, Eliz : Gibes.


John Holme: his servants are—William Hayes, 5 yeares, Richard Bestitraser, 9 years, George Gwinop, 5 years from the arrival of the " Desire" aforesd.


The "America," Joseph Wasey Mr., from London, arrived 20, 6 mo. 1683.


Jacob Shoemaker, born in ye Palatinate, in Germany, servant to Daniel Pastorius & comp.. Joshua Tittery, servant to ye Society, broad glass-maker, from New Castle upon Tine, to serve four years at 88 lb p ann.


The "Welcome," Rob. Greenway, mastr, from London, arrived at Upland about end of ye 8th month, 16S2.


Richard Townsend, carpenter, servant to ye Society [of Traders] for 5 years,—to have 50 lb p ann. salary : Anne Townsend, his wife, & Hannah their Daughter : Wm Smith & Nathan Harrison, Berthol Green, his servants for 7 years.


The ship " Delaware," From Bristoll in Old England, John Moore commander, Arivede here the 11th of the 5 month 1656:


Thomas Greene, husbandman, Margaret, his wife ; Thomas & John, their sons; Mary Guest, his servant for 7 years to come from the third day of May, 1686.


Richard Moore, Brickmaker & Mary his wife, and children, Mary & John.


Sarah Searle his servant for 4 yeares to come from the 3rd of May 1686.


Henry Guest, sawyer, and Mary his wife, & Henry his sone.


The "Amity," Richard Dymond Mastr, from London, arrived in Pennsylvania the 15th 5 month 1686.


David Lloyd, borne in the year 1656 in ye Parish of Manavan, in ye county of Montgomery, in North Wales : Sarah Lloyd, his wife, borne in ye year 1667 [?] at Cirensister in Glocestershire, in England.


Christopher Sibthorp and Barbara, his wife, of London, Brasier : Tho : Poppitt and Barbara Poppitt, the children of Christopher Sibthorp's wife, Barbary, and W' Pike, their servant, bound in London for 7 year, and had about 4 year to serve when they arrivod here, wch was in ship above written, yc 23, 3 mo. 1685.


The two following documents have probably never been published :


Phillidellfia ye 22th of ye 9th mo. 1682.


Loveing freind Rafe Smith my love to thee I would desier thee Two send me sex Cuple of wheat & 2 of Ingen Corn 2 of rey if thee Canst Convenently and doe me that Cindnes as to send it tow mill When thee goest againe and leve it at philladelfie ye next house tow thomas fillips above yc blue anker and I will pay Thee in goods or mony and send me word whether thee canst or Not and if i shall send sacks and soe we remembring oure loves to thee I rest thy frind

Sarah —er

[Indorsed] This for Reafe Smith at

Vpland ye govenors

Stuerd —

with care"


" Ralf I have bin at Agustana harmans at boheamey River with the governor and he sent me back to doe the bisnes in this River now John Cann wants a peece of blew dufells Capten Markam hath agreed he says for Corn which I shall Receve therefor let me desier thee to send it and send the yatt with al the speed as may be to new Casell if I am not at John Cans send him to Salem and in so doing the wilt obledg thy frind Edward Warner this 10 of the 10 mo 82


[Directed] "for Ralf Smith at the guvrenors ware hous at Vpland."


The record of the first court held after the proprietary's arrival reads thus :


"At the Cort held at Chester for the County of Chester ffebr : 14th 1682 & adjourned unto yc 27th of ye same moneth.


John Simcock, Prsident}

Tho. Brasy}

William Clayton } Justices

Robt Wade}

John Bezer}


Thomasi Vsher, Sheriffe. Tho : Revell, Clerke


{William Rawson - Joshua Hastings}

{James Browne - Willm Woodmanson}

{Jeremiah Collett - Tho. Colborne}

{Jury William Hewes - Albert Hendrickson} jury

{Walter Martin - Joseph Richards}

{Nath : Evans - Edward Carter}


John Martin, Plaint} ye Accon called &

Richd Dymo Deft }ye Deft appeares not

   accon Case} & deferred.

Jacobus ffabrushes} Plaint neither Plaint.

Peter Erickson Deft} nor Deft appeare.

an Accon Case} Continued.


"George Thompson appeared at ye Cort & none appeareing agains him was Cleared by pclamation. Lawrence Carolus, for marrying ye abovesd Geo : Thompson & one Merriam Short, Contrary to the Lawes of ye Province, according to his want appeared this Cort, was deferred untill yc next sitting of ye Cort, & ye said .Lawrence, upon Ja : Saundrlands Engageing in Cort for his appeareance then ; ye said Lawrence at that tyme dismissed.


"At the same Cort by Adjournmt until] ye aforesd 27th ffebr. 1682.


":Michael Izard against John Johnson — Izard renewed his Execution.


"John Hazell had Execucon agst John Champion in 2 Actions brought at ye Cort held Sept 12th 1682."


After two other cases were disposed of, that of Martin vs. Dymon was tried with the jury above named. Joseph Willard testified as to conversation with the " Boatswayne belonging to y0 said Richard Dymon's ship," respecting the goods of John Martin, which he believed the latter never received. Joshua Hastings made a similar statement, and the jury awarded the plaintiff twelve pounds damages and costs.


"Thomas Vsher (Sheriffe) by order of Cort, administers on ye goods &c of Canonwell Brittin, deceased, Intestate, & is to dispose thereof according as ye Cort shall appoint."


" Lawrence Carolus, called & appeares not & by Ja : Saundrland Engagemt to appeare next Cort."


" George Strode vs. Willm Cloud; Continued."


"Henry Reynolds vs. Robrt Eyres : Rests."


At this court no Swede appears among the justices, and but two as jurors. They may have been excluded to some extent by the naturalization law, passed Dec. 7, 1682, which required all " Strangers & Forreigners yt now do inhabit this Province" to declare their allegiance within three months in order to be considered " Freemen." As to justices, however, the new commission may not have included many Swedes. It is also to be observed that the prefix of Mr. to the justices is now omitted in the record.


The form of attestation for jurors, adopted by Penn, is not given in the records of the Chester court. The following is recorded at New Castle, under the date of Feb. 22, 1682-83: