The First Generation: Timothy Cummins Sr.

The descendants of Timothy Cummins, Sr., of Kent County, Delaware, have served the church, state and nation with credit. Many of them have had distinguished careers as clergymen, legislators, planters, merchants, bankers, and professional men.

Tradition says the progenitor of this family, Timothy Cummins, Sr., immigrated to America from England or Scotland. However, this tradition has not yet been verified. Though research was conducted during 1959 and 1961 in Edinburgh, Scotland, and in London, Durham and York, England, no positive evidence was located.

The CUMMINS-CUMIN-COMYN families played a prominent part in the history of England and Scotland, and, judging from Timothy Cummins’ success and enterprise in America, it may be assumed that he was endowed with more than average intelligence and dynamic qualities. Still, his European connection remains a problem for future research.

It has been supposed that Timothy Cummins immigrated to Maryland sometime during the early eighteenth century.

J. Thomas Scharf, Delaware historian, stated that Timothy Cummins “was born in Scotland about 1689, was a member of the Church of England, and emigrated to America in the early part of the last century, setting at Oxford, Maryland, under the Lord Baltimore’s patent.” Scharf further stated that the Cummins family “trace their origin to Red John Cummins, Lord of Badenoch, who was Regent of Scotland about the time of Edward I.” This statement was not annotated by Scharf, and more recent research abroad has neither proven nor disproved this connection to date.

On the 26 September 1727, a Timothy Cummins was married to Agnes Horton by an Anglican priest of Philadelphia, and the marriage is recorded in the original Christ Church Register of Philadelphia. Although the Register does not indicate the place of residence of the bride and groom, it is reasonable to believe that this was the marriage of Timothy Cummins who eventually settled in Delaware.3

The fact that the record is to be found in Philadelphia does not preclude the possibility that Timothy Cummins and Agnes Horton may have been married outside of Philadelphia. In many cases it has been found that baptisms and marriages recorded by Christ Church ministers were actually performed outside of Philadelphia; the incumbent minister then recorded the marriage in the church registers upon his return to the city.

Efforts to locate records relating to the family of Agnes Horton in archives in Pennsylvania, New Jersey and Delaware have thus far been unsuccessful.

When Timothy Cummins came to Dover in 1731, the town was a small, thriving community with a large market square, called “Court House Square,” now “the Green”; and two smaller squares, “Church Square,” where Christ Church was begun in 1734, and “Meeting House Square,” the future site of the Presbyterian Church. The Kent County Court House stood at the east end of Court House Square, on the site of the present Old State House. An earlier court house at the southeast corner of King Street and Court House Square was being used as a tavern in private ownership. Another tavern, The Sign of the Blue Anchor, was located on King Street, south of Court House Square, on Lot 72. No structures remain from this early period of Dover’s history, but it is evident from the numerous transactions recorded in the Kent County Deed Books that many lots had been and were being sold in the town by 1731. William Penn had designed the town in 1683, but it was not laid out into lots for sale until 1717.4

The first land purchase by Timothy Cummins, Sr.1 in Dover, in Kent County, Delaware, from Thomas Wells, Sr. of Kent County was on 4 August 1731 for L20. In the deed is referred to as “Timothy Cummons of New Castle” (town), “hatter,” though examination of the deeds of New Castle County, Delaware, do not record that he owned land there. The Dover lot contained 56 square perches (a perch equals 16 square feet) and was located on the north side of the Courthouse Square in Dover, extending from the Square as far as North Street. It is lot No. 32 on the plot of Dover drawn in 1731 by Thomas Noson and copied with modifications at a later date by Thomas Rodney. A portion of this drawing showing Timothy Cummins’ land is reproduced in this volume. Today this lot is on the northeast corner of State Street and the Green, adjacent to the present Ridgely house. At that time the lot was owned by Thomas Parke and included the properties on the east side of State Street to North Street.2 Here Timothy built an inn, and, on the longer side, facing King Street, several houses and shops. By mere chance, knowing nothing of this, Dr. C. Raymond Cummins in the 1920s bought a building in the middle of this block. In 1930 he decided to tear down the old frame building and erect a brick one. When the wooden building was being dismantled, portions of a log cabin were discovered in the siding. Undoubtedly it has been built by Dr. Cummins’ ancestor, Timothy Cummins (this was later found to be untrue. The building was moved from across the street in 1826). To their regret, Mrs. Cummins had not yet begun her genealogical research, and its significance was not yet realized.

No doubt Timothy Cummins was the only hatter in Dover in 1731, and therein could lie the reason for his coming to he relatively small town. Dover was the county seat. During court sessions the population expanded, and visitors to town would frequent his shop located on Court House Square.

Probably this was the reason why he built an addition to his property in 1737. It would enlarge the shop in which to carry on his trade, and add needed facilities for his three children. The date when the addition was built is known because of the deposition of a witness to a gruesome murder in the neighborhood, James Robinson, who, in August 1737, was “at work in building a house near there for Timothy Cummins.” The fact that Timothy Cummins already in residence there rest of the deposition of a second witness who referred to information he received from “a girl [an unnamed servant girl] who lived with Timothy Cummins” at this time.6

As the town and county grew, more taverns and inns were needed. Taking advantage of the location of his residence facing Court House Square, timothy had become an “innholder” by 1742, calling his establishment “The Golden Fleece Tavern.”

On 21 April 1742, Timothy Cummins purchased from James Mullin and Margaret his wife, for L10, a tract of four acres of marsh land lying on the east side of the east line of the Town of Dover. It ran down to a landing called “Poley Landing,” providing him with an outlet for his shipping trade.

His plantation land was purchased the same year, 28 April 1742, from William Shurmer for L54. It was a large tract of two land parcels totaling 284 acres. The larger tract of 214 acres cornered the northeast corner of “Berry’s Range” and adjoined lands of Richardson, John Hall, land of Timothy Hanson and Richardson, and land of Timothy Hanson, William Shurmer and Hugh Durborough. The smaller tract of 70 acres had 150 perches along the northeast side of Dover Creek, across the Creek from Nicholas Loockerman, and adjoining lands of “Berry’s Range” and “Mitcalf’s Plantation.” The grantors were William Shurmer and Mary, his wife; and James Mullin and Margaret, his wife. William and Margaret were heirs of Benjamin Shurmer.

On this property Timothy Cummins bound himself to Michael Cummins[sic] for L50 and “upon demand to leave on hundred acres of land in White Oak Swamp” to Michael Cummings and his present wife. The bond also gave Michael’s son lifetime use of the lease. No explanation appears in the record, nor is it presently known if any kinship existed between Timothy Cummins and Mihcael Cummings. In this bond dated 12 April 1742, Timothy Cummins is referred to as an “Innholder” of Dover, and in another, as “Planter.”

The following year, 17 February 1743, he purchased from Mark Manlove for L15 a tract in Dover Town which lay between the west side of East Street and Court House Square. This one purchase included Lots No. 27 and 28 as they appear on the Noxon map. These adjoined Lot No. 29, which he had previously bought from Daniel Robinson in 1740. The three contiguous lots gave him a considerable block of property on the southwest corner of East and North streets.

His last purchase of land was made 25 April 1743, from Benjamin Johnson, yeoman, for L7.6.11. This was a tract of two and a half acres starting at the northeast corner of the town and extending north to a landing on the Creek, along the Creek to Hamilton’s Gut and returning to the beginning. It bordered on lands he already owned and is numbered 1, 2, 3, and 4 on the Noxon town plan of Dover.

All of Timothy Cummins’ land holdings in and around Dover, including the Little Creek Plantation, were disposed by his two surviving children after his death. The children moved to Queen Anne’s County, Maryland. When they did return to Delaware in the 1770’s, they settled about twelve miles north of Dover, int eh area of the Duck Creek Crossroads (Smyrna).

Timothy Cummins died intestate before 12 April 1746, when letters of administration were granted to his widow, Agnes. In addition to his widow, he left three minor children: Hannah, Agnes and Daniel. In quick succession within the following months, his younger daughter, Agnes, and his widow, Agnes, both died. Shortly before her death, his widow, Agnes, married as her second husband The Honorable John David, a Justice of the Common Pleas Court of Kent County. He administered the estates of both Timothy Cummins and Agnes Cummins David.

On 7 April 1747, Letters of Administration de bonis non were granted to Judge John David on the estate of Timothy Cummins “aunadministered by Agnes Cummins his widow & Administratrix since dead.”

Two inventories on the estate of Timothy Cummins were presented: The first, dated 24, 25, 26 April; the second dated 10 July 1747, which also included the “goods of ye late Agnes Cumings[sic].” Although all of the probate records refer to the widow as Agnes Cummins (with variations in the spelling), the account of John David, 25 August 1748, states he was “intermarried with Agnes Cummins.”

The two inventories of Timothy Cummins’ estate contain many interesting items, and the first of these is printed in an appendix. The fact that these inventories were taken by rooms – with each room headed “The the Front Chamber of the New Addition,” “In the Parlour,” etc. – also gives some visual image of his home. A layout of the two-story dwelling as described in the inventories, included a parlour, a closet, a middle front room, a middle back room, a front chamber, a back chamber, an outward chamber, a common hall, a kitchen, a cellar and a new addition with one front and one back chamber. Other areas mentioned were “the Back Logg House,” “the Smoke House” and a plantation referred to variously as “Little Creek Plantation” or “Richardson’s Plantation,” at which were found livestock, farming gear and household items.

The property in Dover also included “The Hatters Shop,” which contained hatter’s irons, hat blocks, dye kettles, hatter’s basins, scale and weights, brushes and pumice stone, a hardening skin, cut fur, bows and strings. The inventory also mentioned one new beaver hat valued at 30 shillings and 25 half-made hats of “raccoon fur” valued at 10 shillings each.

This first inventory totaled L365.9.4 ½ -- a considerable accumulation of personal property for that era, in addition to the real estate which Timothy Cummins owned at the time of his death. Among his personal effects were a pair of silver shoe buckles and a silver watch. If these items seem quaint by today’s values, it is interesting to note that a few items seems quaint by the standards of 1746: for example, “one old fashioned Pewter Tea-Pot” and “One old fashioned square Looking Glass.” In the accounting of Judge John David in 1748, he referred to the “Manshion House” of Timothy Cummins. This may have been the home at Little Creek Plantation.

Although the ancestral origins of Agnes Cummins David are not known, it is significant that she was more literate and more financially competent than the average woman of her era. The earliest accounting of Judge John David, dated 24 August 1748, stated that he was “Ready to Render the acc’ts of the administration of Agnes Cummins Dec’d., administratix of the Estate of Timothy Cummins, so far as her Books and vouchers it appears that she administered in her Life time…”

Unfortunately, none of the items in this accounting were dated. Agnes credited herself with debts collected from more than forty men (or their estates) and with produce from the Little Creek Plantation, the whole amounting to L445.18.0 ¼ . She charged herself with paying out L154.7.2 ½ . Most of these payments appeared merely as “paid as per acc’t,” but a few were more explanatory:

“To Mr. Kearney … Bill for sundry for funerals … L4.17.6” “To Mary Shurmer … for schooling the children … L2.17.0” “To Expenses of burial Agnes Cummins, one of the children of ye decead. [Timothy Cummins] … L2.0.0”

Althought these transactions were not dated, the accounting of Judge John David commenced with a debt of L3.5.6 collected from allan Dunlap and dated 7 April 1747. On this same date, letters of administration had been granted to him on “the unadministered balance of Timothy Cummins’ estate.” Both accounts were passed and allowed by the orphans Court 25 August 1748.

An additional accounting of John David was presented to the Orphans Court, 4 March 1753, and included some very modest charges for his expenses and guardian of Timothy’s minor son, Daniel. Judge David had collected more than 1888 debts due the estate amounting to L518.18.4 ¾ . The debts collected were dated, but – again, unfortunately – the payments out of the estate were not. Some of the more significant payments were:

1748: To Joseph Dowding, Guarding & Attorney apptd. Per Court for Timothy Cumming Children his Acc’t … L1.10.0

1749: Nov. Orphans Cout. To cash paid on being appoint Guardian [of Daniel] … L0.8.0

1753: To Doctor Henry Jaffrey .. acc’t of Phisick for his Daughter Agnes in her Last Sickness … L2.0.0

1753: To John Stoddard for Making his [sic] Coffin … L2.0.0

John David’s final accounting of this estate was presented and approved August 1753, at the request of George Wells of Queen Anne’s County, Maryland, who had married Timothy Cummins’ older daughter, Hannah, and had taken over the guardianship of her younger brother Daniel.

Following the death of Timothy in 1746 and his wife a year later, the Golden Fleece Tavern changed hands several times before the American Revolution. In that period the operator of the inn was French Battell, who was a militia officer. He was an ardent Whig, and the Golden Fleece Tavern was the place in which Whig-patriot committees “tried” suspected Tories for actions considered inimical to the patriot cause. When the General Assembly moved in 1777 from New Castle to Dover, the Golden Fleece became the meeting place of the upper house of the legislature called the Legislative Council, and a tavern across the court House Square (the Green, today) called “The Sign of George Washington” (today site of the Kent County Courthouse) was the meeting place of the lower house called the House of Assembly. Join sessions of the two bodies were usually held at Battell’s tavern. French Battell, who became commander of one of the two regiments of Kent County militia, died in 1782, but his widow, Elizabeth, continued to operate the tavern. In 1787 the thirty members of the convention elected to discuss ratification of the federal constitution, met in the Golden Fleece Tavern. They concluded their deliberations by December 7, 1787, and on that day they unanimously signed a document of ratification, making Delaware the first state to ratify the constitution. One of the delegates of the ratifying convention was Daniel Cummins, Sr., Timothy’s son, who at the time was a resident of Duck Creek Crossroads.