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Chapter XXV
The Court, Bench, And Bar Of Delaware County.
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| the statutes of that (this) Province," but all such enactments "of any importance" were required to be presented to the Governor for his approval before being promulgated. In the same document will be found instructions as to the manner of electing persons to fill the higher offices, a system which was adopted by the English authorities when the territory again passed into their possession, and maintained in a measure for many years after the State of Pennsylvania had in turn cast off the British yoke. It was that "towards the time of election the Sheriff and Schepens (magistrates) shall nominate as Schepens a double number of the best qualified, the honestest, most intelligent and wealthiest inhabitants . . . to be presented to the Governor, who shall make his selection therefrom." His Excellency, however, reserved the right to reappoint any of the old justices he might desire to continue in office.1 There was no stated time for holding these courts, but they were called in session as occasion required. | 1 Penna. Archives, 2d series, vol. v. pp. 637, 638. | ||
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The Dutch authority, however, by the terms of the treaty between Great Britain and Holland, ceased on Feb. 9, 1674; but as Major Edmund Andross, the representative of the Duke of York, to whom the king had reconfirmed the province after it became an English dependency, did not take formal possession until the 31st of October following, it is to be presumed that judicial matters up to that date were conducted according to the Dutch form of procedure. Two days thereafter the Governor ordered that the old magistrates on the Delaware, excepting Peter Alricks, who were in office when the Dutch captured the province in July, 1673, should be "established for the space of six months or further orders."2 On November 4th Capt. Edward Cantwell, who had been the former sheriff under the English rule, was reappointed to the same office. The magistrates thus reappointed were Peter Cock, Peter Rambo, Israel Helme, Lars Adrecksen, Woolle Swain; and William Tom was appointed clerk. | 2 Ib., p. 649. | ||
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The jurisdiction of the courts on the Delaware River seems not to have been extended so as to give them cognizance of high grades of criminal offenses. Hence we find that on Feb. 21, 1675, Governor Andross issued a commission for holding a Court of Oyer and Terminer at New Castle, for the trial of several prisoners charged with rape, which commission was addressed to five justices of New Castle Court, and Justices Cock, Rambo, Holme, Andriesen, and Swain, of Upland Court, requiring any seven or more of them, as soon as conveniently may be, "to sitt one or more Times during the space of one whole week, if Occasions require, for the hearing, trying, giving Jugdement, & causing the same to be put in Execution, according to Law."3 | 3 Ib., p. 667. | ||
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Early in the same year it was generally reported that James Sandelands, of Upland, in ejecting a drunken Indian from his house, had so roughly treated the latter that he had died from the injuries received. On April 23d of that year Governor Androsse wrote to Capt. Cantwell, that "as to James Sandyland (if you are not sure of him being criminally guilty) you ought to have had a court, that he might have a Legall Tryall and so either be justly detained, punished, or releast."4 In pursuance of these instructions, a special court was held at New Castle on May 13, 1675, Governor Sir Edmund Andross presiding in person, assisted by three commissioners, one from New Castle, from Upland, and Whore Kill. "The bench," old documents tell us, was "called over and placed on the Governor's left hand. Governor Philip Carteret of New Jersey, on the right with Mr. Samuel Edsall, Mr. Thomas Wandall, Mr. Joseph Smith, Mr. John Jackson, Mr. William Osburne." The jury, as provided by the Duke of York's laws, which, however, had not been extended to the Delaware River settlements, consisted of seven freemen. The court being in session, James Sandelands was "brought to answer a presentment by the Sheriff for suspicion of being the cause of the death of an Indyan." The presentment was read, and the defendant "pleads to it not guilty." Sandelands thereupon related "the whole story of the Indyan being at his house and him putting him out of doors." The aboriginal witnesses did not relate a consistent story; one stated the deceased had died in five days after his fall, while others made the interval of life after being ejected from the tavern six and eight weeks. It should, however, be remembered that while the Indians were giving their testimony, Sandelands, by leave of the court, went to them "and had a talk with them." The jury, after being charged, withdrew to deliberate, and finally rendered a verdict: "They find the prisoner not to be Guilty, Hee is ordered to be cleared by Proclamacon." | 4 Ib., vol. vii. p. 737. | ||
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On Sept. 22, 1676, Governor Andross promulgated an ordinance introducing the Duke of York's laws, and establishing courts of justice on the Delaware in conformity therewith. One of the tribunals was located at Upland, and was to consist of justices of the peace, three of whom would constitute a quorum, the oldest justice presiding, having the powers of a Court of Sessions, with jurisdiction over all matters under twenty pounds in civil causes and in criminal cases, excepting those where the punishment extended to life imprisonment or banishment, when appeals were to be allowed to the Court of Assizes. In proceedings in equity and suits where the claims were less than five pounds, judgment could be given by the court without a jury, unless the latter was claimed by the parties litigant. The sessions were to be held quarterly, beginning on the second Tuesday of the month, and rules governing practice, unless repugnant to the laws of the government, could be made | |||