The Court, Bench, And Bar Of Delaware County.

Under the terms of this agreement the Dutch magistrates continued in offce until April 21, 1668, when Governor Lovelace commissioned Sir Robert Carre, scout, and Hans Block, Israel Helme, Peter Rambo, Peter Cock, Peter Alricks, or any two of them, as councilors, "to advise, hear, and determine by the major vote what is just, equitable, and necessary in the case or cases in question."² Steadily but slowly Governor Lovelace from that time began bringing the judicial system of England into use, retiring that of the Dutch, which had prevailed, as speedily as circumstances permitted, but so gradually that the radical change would be made, and at the same time do no violence to the colony by unsettling at one swoop the whole body of ordinances, manners, and customs with which the people had grown familiar by long usage. The attempted rebellion of the Long Finn, in the summer of 1669, afforded the Governor an opportunity to make some sweeping innovations in the criminal procedure, and that case will ever be memorable in our annals, inasmuch that for the first time we have undoubted record of a trial on the Delaware, wherein the defendant was formally indicted and a jury of twelve men impaneled, who were subject to challenge on the part of the prisoner, and charged, after the testimony was concluded, by the commissioners to find "the matter of fact according to the evidence."³

³ Ib., p. 728.

Governor Lovelace, knowing well the power which appearances lend in controlling the ignorant classes, early in our history, under English rule, hedged the bench about with all the pomp and circumstance necessary to impress the citizens of that day with the importance and dignity of the judicial offce. In 1671, Governor Lovelace instructed Capt. Carr, on the Delaware, to set up the king's arms in the courthouse, and to have the same insignia of majesty borne on the staffs carried by the offcers in attendance.⁴

At that date in all probability there were inferior courts held on the Delaware at several designated places by the justices to determine controversies in trifling cases and petty infractions of criminal law, although the records do not absolutely establish the fact other than that on May 17, 1672, a town court was directed to be held at New Castle, to be presided over by the bailiff and six assistants, with jurisdiction to try all cases of debt or damage to the value of ten pounds, from whose decision there was no appeal; it inferentially appears that about that date a court was already established at Upland. On Aug. 8, 1672, on petition of Jan Cornelis, Mattys Mattyson, and Martin Martinson, of Calcoone Hooke, in the present township of Darby, which set forth that Iszael Holmes had obtained a patent to land "upon the island" (subsequently known as Smith's Island) "over against Calcoone Hooke," without ever having had possession or pretence thereunto before," Governor Lovelace, on the date given, made an order "to Authorize & Empower the Court at Upland with the Assistance of one or two of the High Court to examine unto the matter and make report of the Truth thereof," that he might make "some Order thereupon according to Equity and Good Conscience."⁵ Certain it is that when, on July 30, 1673, the English standard was supplanted by that of their High Mightinesses the Lord States-General, and the flag of the Netherlands again floated over this territory, the Dutch Council at New York, Sept. 12, 1673, established "one court of Justice for the inhabitents of Upland, to which provisionally shall resort the inhabitents both on the east and west banks of Kristina Kill and upwards unto the head of the river." At the same time Council instructed the inhabitants of the Delaware River territory, "for the maintenance of good order, police, and so forth," to nominate eight persons in each of the judicial districts as magistrates, and from the names thus submitted Council would select and appoint those officers.⁶ These courts were of very limited jurisdiction, for on the 26th of the same month Council issued instructions for the government of the Delaware River settlement, in which it was distinctly announced that all criminal offenders should be referred to the Governor-General and Council; the sheriff in those cases was directed to arrest, detain, and forward the prisoner, "under proper safeguard, to the Chief Magistrate, together with good and correct information for or against the offenders . . . . Smaller offences, such as quarrels, abusive words, threats, fisticuffs, and such like, are left to the jurisdiction of the magistrates of each particular village." In civil cases where the amount in dispute was sixty florins (Beaver)⁷ or under, the decisions of the magistrates were final; and where the sum was over sixty, and amounting to two hundred and forty florins, the party aggrieved could appeal to the sheriff and councilors, - one person to fill the latter offce being annually appointed from each judicial district, - whose decisions should be final. The courts also possessed restricted legislative powers, such as enacting laws providing for the laying out of highways, erecting churches, school-houses, or similar public works, observances of the Sabbath, and the manner of "setting off lands and gardens," and other matters appertaining to agriculture. They could also make ordinances against fighting, wrestling, and "such petty offenses," provided such regulations were as far as possible conformable to the laws of the "Fatherland and

⁷ Then the standard of value.