concerning a certain Mare, The Jureys tho' composed in part of the same Persons, yet brought in several Verdicts, the Courts having given different Judgmts accordingly, & it not appearing by any Testimonies what Mare was in Difference; I do therefore hereby Order, that the Execucons in sd Matter be Suspended, & a full Accot of all sd Proceeding in both Cots be forthwith sent me. “Actum in New York this 28th day of July, 1677.

"E. ANDROS.

"To the Courts of New Castle and Upland & all Officers in Delaware whom it may concern."1

Such appeals were heard at the general court of assizes in the city of New York, the minutes of which present a spirited picture of assembled worthies. One appeal from a judgment of the court at the Whorekill concerning the title to a tract of land was tried in 1680 before the following distinguished company: the governor, Sir Edmund Andros, five members of the council, the mayor and five aldermen of New York, the chief justice of Nantucket, the two commissaries of Albany, three justices from New Jersey, two from "Peniquid and parts eastward," and a dozen more from Long Island and New York. The judgment of the lower court was affirmed at the cost of the appellant.2 On another occasion (in 1681) a case was tried in which the defendant, one of the justices of the court at New Castle, was accused of misconduct in his office.

"Mr John Moll Justice of the Peace and President of the Court at Newcastle being called to Answer to an Indictment Exhibitted against him by one Abram Mann for severall Words and Expressions by him said to be uttered and spoken in Court and at other Times, To which the said John Moll pleaded not Guilty, and a jury being Impanelled and Sworne with several Evidences they brought in their Verdict and found him guilty of Speaking the Words mentioned in the first and second Articles and of

1 V Pennsylvania Archives (2d Series), 692; see in the court below New Castle Records, 88; Upland Records, 74.

2 V Pennsylvania Archives (2d Series), 721.

Denying Execution when demanded, menconed in the fourth Article, and for the rest not Guilty, the which the Court taking into Consideration Do adjudge the said Indictment to be illegal and vexatious and that the said John Moll by what found against him is not Guilty of any Crime or Breach of any known Law Therefore do Acquitt the said John Moll from the same and Order the said Abram Mann to Pay the Costs of Court. The said Mann moved for an Appeale for England which is granted he giving sufficient Security to the value of One Thousand Pounds to Prosecute the same and pay damage to the Party if lost."1

It is interesting to note that the parties to this suit were afterwards prominent in Penn's government. Justice Moll became a member of the first provincial council and was one of the committee that drew up the amended frame of government, or charter of 1683, while Abram Mann was a member of the assembly from New Castle in the sessions of 1684-5.

ware.

It would not do to omit mention of the first state trial, if it may be so called, that was held on the DelaNear the close of 1669 a disturbance was created by one Marcus Jacobson, alias John Binckson, but better known as "Long Finne," who pretended to be a son of Conningsmark, a Swedish general. Whether this socalled insurrection was a serious attempt to overthrow the government, or a mere riotous or seditious disturbance, it was treated with the utmost seriousness by Deputy Governor Carr as well as Governor Lovelace. An order for the Finne's arrest was issued, and he was put in irons, while the other persons implicated were bound over for court. At a meeting of the council in New York on October 18, 1669, it was resolved:

1 V Pennsylvania Archives (2d Series), 722. Abraham Mann not satisfied with the judgment of the Court of Assizes attempted to post on the door of the court at New Castle a paper containing his version of the proceedings, in which the court was charged with partiality. A warrant was issued for his arrest but he fled up the river. New Castle Records, 497, 514.

"Vpon serious & due Considera con had of the Insurrection begann by ye Long Finne at Delaware, who gave himself out to bee son of Coningsmarke a Swedish Generall & ye dangerous consequences thereof, It is adjudged that ye said Long Finne deserves to dye for the same. Yet in regard that many others being concerned wth him in that Insurrection might be involved in the Premunire if the rigour of the Law should be extended & amongst them divers simple and ignorant People: It is thought fitt and Ordered, that the said Long Finne shall be publickly & severely whipt & stigmatiz'd or branded in the fface with the Letter (R) with an Inscription written in great Letters & putt upon his Breast, That he received that Punishment for Attempting Rebellion, after whch that hee bee secured untill hee can bee sent & sold to the Barbadoes or some other of those remote Plantations."

But after deciding upon his fate, it was determined to try him according to the forms of law and a special commission was issued to Mathias Nicolls and others to try him, whose instructions were to hold the court according to a prescribed form, which presents an excellent picture of the practice then followed in a criminal trial.

"The forme of holding the Cort at the Fort in Newcastle upon Delaware River for the Tryall of the Long Finne &c. about the late Insurrection, Decem. ye 6th 1669.

"Vpon the meeting of the Court let a proclamation bee made by saying, O yes, O yes, O yes, Silence is commanded in the Cort whilst his Maties Commissioners are sitting Vpon paine of imprisonment.

"Lett the Commission be read & the Commission's called vpon afterwards, if any shall bee absent Let their names bee recorded.

"Then let the proclamacon bee made again by O yes, as before, after which say: All manner of persons that have anything to doe at this speciall Cort held by Commission from the Right Hoble Francis Lovelace Esq. Governor Genrl vnder his Royal Highness the Duke of York of all his Territories in America draw neare to give yor attendance, and if any one have any plaint to

1 V Pennsylvania Archives (2d Series), 579, 582, 584; VII Pennsylvania Archives (2d Series), 723, 725.

enter or suite to prosecute let them come forth & they shall bee heard.

"After this let a jury of twelve good men bee empannelled. "Then let the Long Finne prisoner in the Fort bee called for & brought to the Barr.

"Vpon which the jury is to be called over & numbered one, two &c. & if the prisoner have no exception against either of them let them bee sworne as directed in the Booke of Laws for Tryall of Criminals, and bid to look vpon the prisoner at the Barre.

"The forme of the oath is as followeth: You do swear by the Everliving God that you will conscientiously try and deliver your verdict between of Sovaraigne Lord the King, & the prisoner at the Barre according to evidence & the lawes of the Country, so helpe you God & the contents of this booke.

"Then let the prisoner bee again called vpon and bid to hold up his right hand:

“Viz. John Binckson alias Marcus Coningsmark alias Coningsmarcus alias Mathew Hincks.

“Then proceed with the indictment as follows:

"John Binckson, Thou standest here indicted by the name of John Binckson alias Coningsmark alias Coningsmarcus alias Mathews Hinks, alias, etc. for that having not the feare of God before thine eyes but being instigated by the devill vpon or about the 28th day of August in ye 21st year of the Raigne of of Soveraigne Lord Charles the 2d by the Grace of God of England Scotland, France and Ireland, King, Defender of the Faith &c. Annoque Domini 1669, at Christina & at severall other times & places before, thou didst most wickedly, traitorously, feloniously & maliciously conspire and attempt to invade by force of armes this Government setled vnder the allegiance and protection of his Maties & also didst most traitorously solicit & entice divers & threaten others of his Maties good subjects to betray their allegiance to his Maties the King of England persuading them to revolt & adhere to a forraign prince, that is to say, to the King of Sweden In prosecution whereof thou didst appoint and cause to bee held Riotous, Routous & Vnlawfull Assemblyes, breaking the Peace of or Sovereign Lord the King and the laws of this Government in such cases provided John Binckson &c what hast thou to say for thyself, Art thou guilty of the felony & treason layd to thy charge or not guilty. If hee says not guilty, then ask him By whom wilt thou be tryed. If hee say be God & his countrey, say, God send the a good deliverance.

"Then call the witnesses and let them bee sworne either to their testimony already given, in or to what they will then declare upon their oaths.

"Vpon which the jury is to have their charge giving them directing them to find the matter of Fact according to the Evidence and then let them bee called over as they go out to consult upon their verdict in which they must all agree.

“When the jury returns to deliver in their verdict to the Cort let them bee called over againe & then askt: Gents, are you agreed upon your verdict in this case in difference between or soveraign Lord the King & the prisoner at the Barr. Upon their saying yes aske who shall speak for you. Then the . . . . . . . bring in their verdict & the . . . . then read the verdict and say: Gentlemen, this is yr verdict upon which you are all agreed; upon their saying yes, call that the prisoner bee taken from the barre & secured." "1

As a matter of course the Finn was convicted and sentenced. The last we hear of him is in this minute of the council, January 25, 1669-70:

"This day ye Long ffinne called Marcus Jacobsen was by warrt put on board Mr. Cosseans Ship called ye Fort Albany to be Transported & sould at ye Barbadoes according to ye sentence of Court at Delaware for his attempting rebellion. He had beene a prisoner in ye State house ever since ye 20th day of Decembr last."2

We are fortunate in possessing portions of the records of the county courts during this period. That of Upland is particularly interesting as presenting a complete record of the first county court on Pennsylvania soil from the year 1676 to the announcement, in June, 1681, of the transfer of the government to William Penn. In the commissions issued by the governor six justices of the peace are named, any three or more of whom may hold court, the commissions to be in force for one year or until further order. It would be tedious to recite the

1 VII Pennsylvania Archives (2d Series), 728. 2 VII Pennsylvania Archives (2d Series), 731.