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, 10th of 1st mo. 1682-3. Some cases which I deem most curious I here preserve, 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 six pounds sterling; also that he had hired his boat to the said Bowman, and another for one month, which they detained 18 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 concerning this matter. The simplicity of the subject, brought before the Governor of a great country, reminds one strongly of the Patriarchal tribunal of Moses, when he was worried with petty complaints, 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 forty pounds "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,

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On the 26th of 4 mo. 1683, Nicholas Bartlett, plaintiff, vs. F. 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, viz.

8th of 7 mo. 1683, Philip England made his complaint against James Kilner, who denieth all alleged against him, only the kick

ing of the maid, and that was for spilling a chamber-pot upon the deck; otherways he was very kind to them.

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On the 24th of 8 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 fourty pounds towards the building of a court-house in this towne, and stand committed till payd and fined 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 ten pounds 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. 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 fifty pounds 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, solemnly 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 Robinson, who said 'you have drawn up an impeachment against President Moore at hab nab,'* 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 Hogarth!) This order was occasioned by the representations of the Magistrates of Philadelphia, and enforced by a letter they had received 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 preceding examples of cases are extracted through the politeness of James Trimble, Esq. from "the minutes of the Provincial Executive," preserved at Ĥarrisburg, where more of similar

* Random.

The above Patrick Robinson's house was rented by the Sheriff as the prison. I see him on another occasion acting as a lawyer, at the court in Bucks county.

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 indictment 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, adjudged 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 was a Justice of Peace. Afterwards said Rambo was fined 150£. for noncompliance. Some may wonder who and where are now the descendants of this disputed love! The name of Rambo is still among us; but the last of the whole blood of that name was Jonas Rambo, a good man, of Upper Merion, who died last year in his 70th year, at the same farm held by his family 140 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 Pople'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£. 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 attornies 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 alleging 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 demurred, 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 21 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 Majesty'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 informed that the early records of Friends' monthly Meetings in Philadelphia 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 Execution of Thomas Lutherland, who murthered John