Daily stories of Pennsylvania : $b prepared for publication in the leading daily newspapers of the state...Godcharles, Frederic Antes
History
Daily stories of Pennsylvania : $b prepared for publication in the leading daily newspapers of the state...
Godcharles, Frederic Antes
Pennsylvania -- Biography; Pennsylvania -- History
The County Courts of the Province had their origin in 1673, under the
Government of James, Duke of York, and were established in every county,
“to decide all matters under twenty pounds without appeal,” and to have
exclusive jurisdiction in the administration of criminal justice, with
an appeal, however, in cases extending to “Life, Limbo and Banishment,”
to the Court of Assizes in New York. These courts usually consisted of
five or six justices, which met quarterly. No one learned in the law
presided on the bench, no attorney was allowed to practice for pay.
Juries were only allowed to consist of six or seven men, except in cases
of life and death, and in all save those instances, the conclusions of
the majority were allowed to prevail.
The first court held in the Province, the records of which are
preserved, was held in Philadelphia January 11, 1682. There were six
bills presented to the Grand Jury, all but one having to do with the
highway. That one exception was a petition for a court house.
These tribunals lacked almost every element of distinctly English
procedure, but were continued by Penn. Justices of the Peace were from
time to time commissioned, some for the whole Province and some for a
particular county. Their attendance at court was secured by the penalty
of a fine.
Twelve jurymen were subsequently provided whose unanimous opinion was
required to bring in a verdict. The panel of jurymen was drawn in a
highly primitive manner. “The names of the freemen were writ on small
pieces of paper and put into a hat and shaken, forty-eight of whom were
drawn by a child, and those so drawn stood for the Sheriff’s return.”
The civil jurisdiction of the County Courts was first distinctly defined
in 1683, when all actions of debt, account or slander and all actions of
trespass were by Act of Assembly declared to be originally cognizable
solely by them. Other jurisdiction was given them by subsequent action
of the Legislature.
The justices interfered to promote and defend the popular interests in
all matters that were of public concern. In very early times they
granted letters of administration. They superintended the laying out of
roads, apportioned the town lots to responsible applicants, took
acknowledgments of deeds and registered the private brands and marks of
considerable owners of cattle.
They exercised, too, a supervision over all bond servants, regulated the
sale of their time, afforded summary relief if they were abused by their
masters, punished them with stripes or the pillory if they attempted to
escape, and took care that they were at liberty to purchase their
freedom on reasonable terms.
July 8, 1683, “Philip England made complaint against Sea Captain 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;
otherwise he was very kind to them.”
Public-domain text, read in full here on John Shaqi.
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