USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. I > Part 36
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The little book had also some little counsels and maxims, now none the worse for age, such as :
All's well that ends well You must not buy a pig in a poke. Time and tide wait for no man. As you brew so you must bake. When wine is in, wit is out. The more haste the worse speed. Out of sight, out of mind.
Good children must
Fear God all day, Parent's obey, No false thing say, By no sin stray,
Love Christ alway, In secret play, Mind little play, Make no delay,
in doing good.
· The picture shows a Death's anatomy, with his dart, in swift pursuit of a running noy.
VOL. I .- 2 N
The Lamb doth hold. In time of night.
In time of spring. That saved his royal majesty.
For her first born.
T. Time cuts down all,
Both great and small,
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PRIMITIVE COURTS AND TRIALS.
" Where gross misconduct meets the lash of law."
IN the first judicial proceedings of the city, the governor and council exercised a general jurisdiction, so that all matters, whether original or appellate, down to the most trivial events, were subject to their decision. The punishments, too, were such as they might choose to decree. These earliest records are preserved. The first are dated Philadelphia, 10 th of 1st mo. 1682-3. Some cases which I deem most curious I here preserve, to wit :
At the first court held 11 January, 1682-the list of the Juries were thus :
GRAND JURY.
Henry Lewis, John Goodson, Patrick Robinson, Thomas Crosse, Thomas Bowman,
Wollis Swenson, Andrew Swenson, Gunner Rambo,
John Stiller,
Henry Waddy,
Mounts Cock, Andrew Binkson,
Thomas Livesy,
Richard Wall, senr.
William Howel,
Erick Mulleker,
John Cock, John Parsons.
PETIT JURY.
Charles Pickering, (foreman.) Thomas Phillips, Samuel Buckley, John Tibby, Charles Lee, Andrew Grissman,*
Erick Cock,
Christian Thomas,
Peter Dalbow
Evan Oliver,
Lacy Anderson,
Nehem. Michel.
The Grand Jury present, to wit :
1st. That the swamps coming into the Blue anchor (Dock creek,) be forthwith made passable for footmen. 2d. That Coquenakar [Pegg's Run] creek, at the north end of the city, be made also pas- sable for footmen. 3d. That the creek called Coanxen [Coacksink,] going to Shakamaron be bridged, or cannowed [passed by canoes.] 4th. That the creek at Tankanney [Takony] and Gunner Rambo's be bridged or cannowed. 5th. That the king's road from Scuilkill (Schuylkill) through Philadelphia to Neshemeney creek may be marked out and made passable, for horses and carts, where needful. and to ascertain, with Chester and Bucks, where to fix the ferries
· Spelt Andrew Grescome.
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of those creeks, the Scuilkill and Neshemeney 6th. We present the want of a county court house.
In the said first court, appeared sundry Swedes, Finns and Dutch, to be naturalized, by their petitions for allegiance, according to an order of Assembly, held at Chester the 7th of 10th mo. 1682, to wit:
Lacy Cock, Peter Rambo, Swan Swanson,
Andrew Swanson, Wollis Swanson,
Lacy Anderson,
Mounts Cock, Erick Cock, Gunner Rambo,
Peter Nelson, Christian Thomes, Erick Mulloker,*
. Peter Cock, jun. John Bowles, Andrew Galem, John Stiller, [now Stille.] Lacy Dalbo.
The examination of the evidence of Christian Closses' dead child is stated to this effect, the 22d of 10th mo. 1682. It is signed by ten names, examiners on jury, and by Doctors Thomas Wynne and John Goodson, and by John Longhurst, as justice. The child was found dead-had black and blue spots, and a crooked leg. It was proved the mother had a quarrel in the harvest field, with her hus- band, and that she got then bruised in the same places generally. The two physicians thus certify, that " they found it much after the manner that. the witnesses proved." The Grand Jury-mark it " "ve finde not."
At the second court, held 7th February 1682, I see among names of the Petit Jury, to wit :
William Warner, senr.
James Kite,
Thomas Phillips, Peter Yoakum, Matthias Underhille,
Richard Tucker,
Nathaniel Allen,
Nathaniel Harden,
John Warner,
Jonas Nelson.
GRAND JURY NAMES, (some.)
Patrick Robinson, (foreman.) Thomas Crosse,
Jonathan Fisher, William Cobb,
John Stiller, (Stille.) John Matson, Kinder Peterson.
Among the presentments, I read: stumps in the streets to be removed. The want of a bridge on Chooxunck (Tomamamby) near Shackamaxon ; a bridge or ferry over Takonie, Pomobem, Pootquessing, Neshamaneh, &c. That Mr. Jacobus Fabritius, &c. hath broken the ceremony of their own church, by making John Skeetch and Mary Smith believe they were married, and causing them to lie together, which is unseemly. They present that men do come armed with swords and guns. and especially one young man, name unknown-[on a side slip, the above Indian names are
[* Is not this the name of Mulliker's hill, N. J.]
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plainer spelled thus: Cooxen, Tamaramaming, Tackaney Pema pecka, now Pennepack.]
Benja. Chambers is Sheriff. John Cock constable, for lower part of county, and Nathaniel Harden, for upper part of county .- The indictment against said Skeetch, said he had before two wives in Bristol, England; and had now taken Mrs. Smith here to wife- " not found." His petition was filed praying to be stocked, rather than to be beaten with twenty lashes; J. Fabritius signed their mar- riage as " pastor," &c.
An arrest was granted upon Andrew Ball, for Swanson's geese. I see the name of Lasse Cock, in its original, pretty good ! [two years after he was naturalized,] company meets at the Blue anchor Inn, I see occasionally.
The third court 7th of 1st mo. 1683 .- The Grand Jury present John Day and Thomas Phillips, overseers, for not removing stumps, &c., out of the front lots,-also a want of a prison. They present a ship firing guns, on the first day of the week. They present Griffith Jones, one of the Justices, for selling victuals and drink with- out a license-a true bill.
At the fourth court 4th of 2d mo. 1683 .- The Grand Jury present the want of rings to snouts of swine. They present those who know their lots in the Front street, and do not clear them of stumps and roots.
At the fifth court 20th of 12th mo. 1683 .- Benjamin Acrod high constable returns nine names which neglected to attend to make a foot bridge at Pemma-pecca [Pennepack,] making those which did attend discontented. Say William Ball, Joseph Ashton, John Sum- mers, Christian Closson, and Benjamin Duffill, &c.
The Grand Jury present, the trees that are offensive in this city shall be cut down. The want of a bridge at Qucinomin creek.
At this court is a case of an award of " the peace makers," (say William Warner, Henry Lewis, and Gunner Rambo,) who decided, that the six men shall pay Justa Andrason his demand. They are all Swedes, and each to pay 40 gilders 10 stivers severally to him.
Two Swedish women are indicted for drunkenness.
At the sixth court Ist of 6th mo. 1683 .- A mittimus was ordered to be drawn to commit Jos. Fisher to the Sheriff for affronting the court !
The Grand Jury present the necessity of a prison for the county, and recommend that a tax be laid, and that an estimate be made and reported to the next court.
At the eighth court 2d of 7th mo. 1685 .- The Grand Jury agree, that in lieu of £60 to be paid to Lassy Cock, for building of a log house in the Second street intended for a county gaol, he shall have the said log house with the ground it stands on, with the spot of ground adjacent, and a legal title thereto to be procured from the governor with a proportionable lot in the Second street, for which the said county shall satisfy the governor, and shall pay to said Lassy
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Cock £6 out of the first collected publick levy, on consideration, that it doth appear that the said log house cannot be sufficient for the purpose aforesaid intended.
The court notified the above agreement, and "the rather, because the said Lassy Cock was satisfied with the same."
In 1693-Indian Ben petitions the court for his freedom-states, that he was originally a native Indian of New England, brought from Rhode Island by William Coddington, Esq., that after his death, the widow became the wife of Robert Ewer, [a Friend, owner of Blackhorse alley,] who now holds him still to service. He prays release, &c.
The 17th October, 1693 -appears an order for the regulation of the Market by the governor and council, to be located in High street, where the Second street crosses it, and in no other place. That the market shall be opened twice a week by ringing of bell. That none shall vend, and none shall buy on the way, under a penalty. A clerk of the market is appointed, and his fees are derived from the sellers.
The 29th November, 1693-Michael Gambler and Joan Sellers, on their marriage, give bond to the king and proprietary, to forfeit and pay, in case there should thereafter appear any lawful impedi- ment-so also Joseph Davenport and Margaret Bradshaw, in 1696, [fine signatures to their bonds.] From another book of record, I extract the following, to wit :
20th of 1st mo. 1683, Nathaniel Allen complained to the governor and council, that he had sold a servant to Henry Bowman for six cwt. of beef, with the hide and tallow, and £6 sterling ; also that he had hired his boat to the said Bowman and another, for one month, which they detained eighteen weeks. The beef, tallow, hide, and money were all detained. He prayed redress of those grievances ; whereupon it was ordered that William Clarke, John Simcoe, and James Harrison, should speak to Henry Bowman con- cerning this matter. The simplicity of the subject, brought before the Governor of a great country, reminds one strongly of the Patri- archal tribunal of Moses, when he was worried with petty com- plaints, until he got him seventy of council to help him !
9th of 4th mo. 1683, a proclamation issued by the governor and council, saying, that ye constables in this city should go to public houses to see good order kept, and the people should not stay longer at an ordinary than such an hour.
20th of 4th mo. 1683, the County Court of Philadelphia is fined £40 " for giving judgment against law." The property for which action was brought, was a tract of land in Bucks county. The case was brought before the governor and council by appeal. It was decided by " the board" that an appeal did not lie. They ventured however, while the matter was fresh in their memory, to fine the County Court of Philadelphia as above stated.
On the 26th of 4th mo. 1683, Nicholas Bartlet, plaintiff, vs. F
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Whitwell, who claims redress for an underrated appraisement, receives a decree that the defendant pay three cows and calves.
As a sample of the condescension of the governor and council of Pennsylvania, take the following extract, to wit :
8th of 7th mo. 1683, Philip England made his complaint against James Kilner, who denieth all alleged against him, only the kicking of the maid, and that was for spilling a chamber vessel upon the deck ; otherways he was very kind to them.
On the 24th of 8th mo. 1683, Charles Pickering, Samuel Buckley and Robert Fenton, "for putting away bad money," are put to their trial. The foreman of the jury desired that the prisoner, C. P. would tell him who he had the money of that he paid to several people ; but he sought to evade, saying "the money any person received of him, he would change it, and that no man should lose by him." The governor (William Penn) charged the jury, and afterwards (the verdict of the jury being given) gave the sentence of the court, that " Charles Pickering should make full satisfaction in good and current pay to every person that shall within the space of one month bring in any of this false, base, and counterfeitt coyne, (to be called in by proclamation,) and that it shall be melted into gross before returned to thee, and thou shalt pay a fine of £40 towards the building of a court house in this towne, and stand com- mitted till payd, and find security for thy good abearance." The sentence of Samuel Buckley was, that " the court, considering thee more ingenious than he who went before thee, hath thought fit to fine thee £10 towards a public court house." And Robert Fenton, " because of his being a servant and of his ingenuity, [candour,] in confessing the truth, is to set an hour in the stocks on the next day."
16th of 2 mo. 1684, William Penn being present, the council determined that there shall be a Provincial Court of five Judges to try all criminal cases and titles to land, and to be a court of equity to decide all differences upon appeals from the County Courts. And it being afterwards conceded that the Governor had the power by charter to choose Judges for life, he therefore,
On the 4th of 6 mo. 1684, did appoint the first Judges to wit : Nicholas Moore, William Welsh, William Wood, Robert Turner and John Eckley, of whom Nicholas Moore was Chief Justice. These were first appointed for but two years. In the next year it appears the council appointed Judges, and in the absence of some of them the council sat for making decisions. After this time, the same Judges often received renewed commissions under the Broad Seal.
The 10th of 3 mo. 1684, the governor informs council that he had called the Indians together and proposed to them to let them have rum if they would be contented to be punished as the English were, which they did agree to, provided that the law of not selling them rum be abolished.
13th of 3 mo. 1684, " Andrew Johnson vs. Hanse Peterson
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Primitive Courts and Trials.
There being a difference depending between them, the Governor and council advised them to shake hands and to forgive one another, and ordered that they should enter into bonds for £50 apiece, for their good abearance, wh. accordingly they did. It was also ordered, that the records of court concerning that business should be burnt."
15th of 3 mo. 1684, " Ordered that four of the members of this board acquaint the Assembly of their breach of privilege, and that they send their amendments in, short ; and reproved Henry Stretcher for being disordered in drink."
26th of 5th mo. 1684, " Thomas Lloyd, Thomas Holmes, and William Haignes appointed to draw up a charter for Philadelphia, to be made a burrough, consisting of a Mayor and six Aldermen, and to call to their assistance any of the council."
11th of 3 mo. 1685, proclamation of James II. and the papers relative to ye death of Charles II. and the speech of his successor, sc- lemnly read " before ye Governor's gate in ye towne of Philadelphia."
18th of 3 mo. 1685, " The speaker with the Assembly attended this board, and declared that they were abused by Patrick Robin- son, who said ' you have drawn up an impeachment against Presi- dent Moore at hab nab,' Random, for which they desire satisfaction."
" The President and council taking into consideration the words spoken by Patrick Robinson, clerk to this board, concerning the Assembly, that the impeachment against Judge Moore was drawn hab nab, which expressions of his we doe unanimously declare to be undecent, unallowable and to be disowned."
This subject was taken up in council a few days after, when it was decided that Patrick Robinson could not be removed from " his clerk's office" until he was legally convicted of the offence; after which, "it is resolved that he shall be readily dismissed from any public office of trust in this government," and which was eventually done .*
17th of 9 mo. 1685, all the families living in caves, ordered to appear before ye council. (What a groupe for the pencil of a Ho- garth!) This order was occasioned by the representations of the Magistrates of Philadelphia, and enforced by a letter they had re- ceived from the Governor, who was then in England. No one, however, thought proper to obey the order. The council gave " further notice, that the Governor's orders relating to the caves, will be put in execution in one month's time."
9th of 11 mo. 1685, (erroneously' 89 in the record,) all retailers of " strong liquor" in Philadelphia, ordered to hand in their licenses to the council, which were to be void after the day appointed for giving them in, which was "the 15th instant," to be renewed by " such as think fit."
* The above Patrick Robinson's house was rented by the Sheriff as the prison. I see bim on another occasion acting as a lawyer, at the court in Bucks county.
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Primitive Courts and Trials.
The preceding examples of cases are extracted through the politeness of James Trimble, Esq., from " the minutes of the Pro- vincial Executive," preserved at Harrisburg, where more of similar ancient story remains to be explored by the industry of others, favourable to this kind of research.
I have had access to some of the court records still preserved in Philadelphia; being those of the Quarter Sessions and Common Pleas, written in curious and difficult black-letter hand. I extract the following facts, to wit:
Year 1685-John Rambo is indicted, and gives Peter and Gunner Rambo securities in £500 for his appearance, to answer an indict ment preferred by Peter Cock of Kiphah [all Swedish families I think] for his having had criminal intercourse with his daughter Bridget. The witnesses testify that about the time of Christmas, 1684, the said John Rambo came at midnight to the house of her father, and by pulling off a plank of the house, on the loft, near the chamber, he jumped down to the floor, and directly after got into the bed wherein said Bridget, and her two sisters (aged 16 and 19) were also laying; saying he was resolved to be the husband of Bridget, (even as his brother had before taken another sister,) and must therefore lie there. Whereupon, there being a crowded place, the two sisters, with strange submission, withdrew and lay upon the floor all night in a cold December! The court, after the verdict of the jury, ad- judged John Rambo to marry Bridget before she be delivered, or then maintain the child. Both to be fined £10 each. This Bridget was sister to Lassey Cock-a name before mentioned in Penn's council, and a Justice of Peace. Afterwards said Rambc was fined £150 for non-compliance. Some may wonder who and where are now the descendants of this disputed love! The name of Rambo is still among us; Jonas Rambo, a good man, of Upper Merion, died lately in his 70th year, at the same farm held by his family one hundred and forty years.
The court about this time appointed the justices, constables, road overseers, &c., from time to time. William Orion is fined five shillings for being twice drunk.
The Grand Jury present Joseph Knight, for suffering drunkenness and evil orders in his cave, and several drinking houses to debauch persons, are also presented. They present also the want of a prison; also the want of a convenient road from Schuylkill ferry to Darby. They present the County Attorney, Samuel Herset, for not securing a robber in fetters when committed to him. They present the want of a bridge in the road at the north end of the town [meaning at Poole's.] They present all caves by the water side as unfit for houses of entertainment, and as giving many an occasion there to forestal the market.
All deeds for conveyances of land are acknowledged in this court. and the names, dates and quantities are recorded on its minutes.
John Moon is fined £20 and his servant, Martha Williams, £10
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for fornication, and to be obliged to be married before the delivery of the child. William Penn had a servant of this name who settled in Bucks county-a Friend.
April, 1686-The Grand Jury present several names for selling drink to Indians. They present the want of a finished road by the new bridge (Poole's) to the Governor's mill-Globe mill; several for encroaching on the streets; and a gate in the road towards the said mill.
The court, at the request of William Carter, the appointed Weigher of Bread, affix the value of the loaf by the price of wheat then current.
The earliest attorneys named in the actions are Samuel Herset, Pickering, David Lloyd, Thomas Clarke. John Moore, and P. Robinson. The Pickering just named is supposed to be the same Charles Pickering, the counterfeiter, and probably the same who was first settled at Pickering creek in Chester county. He was drowned at sea, on a voyage to England, and left none of his name in that neighbourhood.
Year 1700-In the court of Quarter Sessions, William Penn being present, after his return, the Justices of Peace disputed about their willingness to be sworn into their new commission-some al leging they could not in conscience take an oath, and others insisting it was their duty. The court was adjourned from time to time to determine the case, and, finally, the dilemma was settled by the Governor, in substituting new names in the place of those who de- murred, and then all were sworn.
Lewd men and women and disorderly drinking-houses are very often presented. Elizabeth Glann is presented for fornication with Peter Packonet. She is fined £10, or to be lashed twenty-one strokes. Nothing is said of Packonet! Perhaps he was not then before the court!
In 1703, the court appoint four persons to report the cost of a new prison and Court-house.
In 1703, John Bowling, Esq., is confirmed Collector of his Ma- jesty's Customs for the Port of Philadelphia, he having made, as was required, his abjuration of the Prince of Wales. This is the first Collector on record. In this year many roads are appointed to · be made about the city to the country, especially of cross roads from township to township. It may seem strange to many to be in- formed that the early records of Friends' monthly Meetings in Phila- delphia show that committees were frequently appointed by that Meeting to lay out roads.
I have seen a pamphlet of 19 pages, printed by William Bradford at Philadelphia in 1691-2, containing " the first case of this nature happening in this part of the country before"-the whole published under the sanction of the clerk of the court, Samuel Hedge. It elucidates several facts of local interest; it is entitled, " Blood will out, or an Example of Justice in the Tryal, Confession and Execu- VOL. I .- 20 26*
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tion of Thomas Lutherland, who murthered John Clark of Phila delphia, Trader,-Tried and Executed at Salem, W. J. the 23 Feb. 1691-2." The whole points in the trial are too long to be given in this place; but the facts and proceedings, of an unusual character, are preserved in my MS. Annals, in the Historical Society, page 194 to 196. All the jury took their averment. The " clark" asketh : Art thou guilty? He answers-" not of the murther, but of the fellony." When first apprehended, he was confronted with the corpse and bid to touch it, which he did, saying, " If I have mur- :hered him he will bleed afresh, and saying, poor innocent man, why should I destroy him-if I hurt him I wish the earth may open and swallow me up!"
Bold and hardened as he thus appeared, and although he had no direct witnesses against him, he betrayed himself, by answering questions, into so many contradictions concerning himself at the time of the murder, that he got confused, and finally came to open and general confession, saying the deceased was in his own little vessel, alone by the creek side, when he passed a rope round his neck in his cabin, telling him I would not destroy him, whilst he said, I think you intend to choke me. I then asked him if he had got some money, and he said he had some wampum, a piece-of-eight and some double bits. He cryed-spare my life and take all; but I pulled both ends of the rope together, whilst he cryed, Lord have mercy upon my soul, repeatedly, even till he was dead. It does not appear that there was any attorney or pleadings in behalf of the' prisoner; but the court had some one as " King's Attorney." When he demanded judgment after the verdict of guilty, the court was much perplexed to pass sentence of death, they being only Justices of Peace; but as there were "no superior courts in the province," the Coroner's Inquest, the jury, and the most part of the country then present, joined in a written petition to the court to give their sentence, which was thereupon done accordingly, and in five days afterwards he was executed, a penitent, &c.
In the year 1705, men were fined (by law) 20 shillings for labour- ing on the Sabbath-day, and 10 shillings for being found tippling in a tavern on that day.
The same year (1705) there was made an act against fornication and adultery. For the latter, the parties received twenty-one lashes and hard labour for one year, or pay £50 fine, (the injured party had a right of divorce) and for a second offence seven years impri- sonment. For fornication, twenty-one lashes or pay £10 fine each. Severe laws! as the lecherous would judge now! At that time men were fined 12 pence for smoking in the streets! Think of this, ye moderns !
In 1720, Edward and Martha Hunt, man and wife, are sentenced to death for making and passing counterfeit dollars. It is said to be the first case in which death was inflicted in the colony for a like offence.
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