[60] Hazard’s Annals of Pennsylvania, 400, quoting Albany Records, Court of Assizes, Vol. II, 293-300.

[61] V Pennsylvania Archives (2d Series), 627. A second execution was issued in 1675 by Governor Andros, V Pennsylvania Archives (2d Series), 666. In Records of Court of New Castle, page 53, is a suit by the sheriff against the auctioneer for the amount realized at a sale under this execution.

[62] VII Pennsylvania Archives (2d Series), 799.

[63] Records of the Court at Upland, 189.

[64] Chester County Records quoted in Ashmead’s History of Delaware County, 280; see, also, Memoirs Long Island Historical Society, Vol. I, 189.

[65] _Hart_ v. _Hill_, 1 Wharton’s Reports, 124 (1835); _Tinicum Fishing Co._ v. _Carter_, 61 Pennsylvania Reports, 21 (1869); 77 Pennsylvania Reports, 310 (1875); 90 Pennsylvania Reports, 85 (1879).

[66] Smith’s History of Delaware County, 31.

[67] VII Pennsylvania Archives (2d Series), 797. In the case of a decedent, Andros seems to have solved the question of title by directing that the purchaser should have “a new pattent for his title.”

[68] III Blackstone’s Commentaries, 419.

[69] _Presbyterian Corporation_ v. _Wallace_, 3 Rawle’s Reports, 108 (1831) at page 141.

[70] New York Colonial Documents, Vol. XII, 160.

[71] Records of the Court of New Castle, 355; see, also, _Jegou_ v. _Wright_, Upland Records, 140.

[72] V Pennsylvania Archives (2d Series), 692; see in the court below New Castle Records, 88; Upland Records, 74.

[73] V Pennsylvania Archives (2d Series), 721.

[74] V Pennsylvania Archives (2d Series), 722. Abraham Mann not satisfied with the judgment of the Court of Assizes attempted to post on the door of the court at New Castle a paper containing his version of the proceedings, in which the court was charged with partiality. A warrant was issued for his arrest but he fled up the river. New Castle Records, 497, 514.

[75] V Pennsylvania Archives (2d Series), 579, 582, 584; VII Pennsylvania Archives (2d Series), 723, 725.

[76] VII Pennsylvania Archives (2d Series), 728.

[77] VII Pennsylvania Archives (2d Series), 731.

[78] Records of the Court at Upland, 160.

[79] Sussex Records (Turner), 69.

[80] Upland Court Records, 180. In another case of slander the court fined the defendant and ordered “that y^e defendant openly shall declare him selfe a Lyar,” page 176. “In the Norman Custumal it is written that the man who has falsely called another ‘thief’ or ‘manslayer’ must pay damages, and, holding his nose with his fingers, must publicly confess himself a liar.” Pollock and Maitland History English Law, II, 537.

[81] Records of the Court at Upland, 156.

[82] Records of the Court at Upland, 111.

[83] Records of the Court of New Castle, 9.

[84] Records of the Court of New Castle, 341.

[85] Sussex Records (Turner), 57.

[86] Smith’s History of Delaware County.

[87] VII Pennsylvania Archives (2d Series), 777.

[88] Charter and Laws of Pennsylvania, 81.

[89] Eberling’s History of Pennsylvania quoted in Janney’s Life of Penn and 1 Hazard Pa. Reg. 340.

[90] The justices at New Castle in a letter to the deputy governor at New York dated November 11, 1681, refer to “Pensilvania.”

[91] Hazard’s Annals of Pennsylvania, 525.

[92] Pennsylvania Historical Magazine, Vol. XXX, 6.

[93] 6 Howell’s State Trials, 951 (1670).

[94] Charter and Laws of Pennsylvania, 92.

[95] For form of promulgation, see Minutes of Council, 2, 2 mo. 1686, I Colonial Records, 122.

[96] The original Frame of Government as drawn up by Penn was amended at an assembly held at Philadelphia March 1, 1683, Charter and Laws of Pennsylvania, 93, 123. Penn’s first plan contained the principle of initiative and referendum.

[97] Charter and Laws of Pennsylvania, 100.

[98] Charter and Laws of Pennsylvania, 117.

[99] Charter and Laws of Pennsylvania, 128.

[100] Charter and Laws of Pennsylvania, 154; Reinch’s Colonial Common Law, Essays in Anglo-American Legal History, Vol. I, 397.

[101] Hazard’s Annals of Pennsylvania, 606, quoting Records of Court of New Castle, Recorder’s Office, B. 9, 407.

[102] Hazard’s Annals of Pennsylvania, 596.

[103] Charter and Laws of Pennsylvania, 233, 237; Pennypacker’s Colonial Cases, 78, 92; Sussex Records (Turner), 55, 83.

[104] Charter and Laws of Pennsylvania, 3, 176; Upland Court Records, 189.

[105] Lands were made liable for debts “except where there was issue and then one half of the land,” the principle of set-off was accepted, the recording of deeds regulated and a mild criminal code adopted. Charter and Laws of Pennsylvania 109, 118.

[106] I Colonial Records, 34, 7, 9 mo., 1683; see, also, Sussex Records (Turner) 97, 116, for the election of peacemakers.

[107] II Statutes at Large, 242. The Society of Friends had regulations of their own for submitting all differences between members to their monthly meetings. See the publications of the Genealogical Society of Pennsylvania, Vol. IV, 141. In 1707 James Logan writes to William Penn: “William Rakestraw has had me before the meeting for not granting him the lot near the bridge, after Francis Plumstead had applied to thee for it, and, as he pretends here, got a grant for it; but the six Friends to whom it was referred, declared it as their sentiments, upon a full hearing, that William has no manner of claim to it, either in law or equity, but that he has had full satisfaction, and shall condemn and retract his abuse against thee especially, of which shall send copies when past in the meeting.” Memoirs of Historical Society of Pennsylvania, Vol. X, 258. The Statute of William III would seem to have been first suggested by John Locke. Board of Trade Journal, December 18, 1696 (Mss. Historical Society of Pennsylvania, Vol. IX, 288).

[108] Charter and Laws of Pennsylvania, 129.

[109] Minutes of Provincial Council, May 24, 1693, 1 Colonial Records, 379, 380. Penn under date of 25, 7 mo. 1689, instructed Deputy Governor Blackwell “to collect y^e Laws that are in Being, and send them over to me in a sticht book, by y^e ffirst opportunity, which I have so often and so much in vaine desired.” I Pennsylvania Archives (4th Series), 106; 1 Colonial Records, 276, 2, 11 mo. 1689-90. It would seem that Penn had contemplated periodic revisions of the whole code, 1 Colonial Records, 42, 24, 1 mo. 1684; 151-2, 1, 2 mo. 1687; letter of Penn to Council, Pennsylvania Magazine of History, Vol. 33, 308; Chapter 142 of the Acts of 1683, Charter and Laws of Pennsylvania, 155.

[110] Journal of the Board of Trade (Mss. Historical Society of Pennsylvania, Vol. VII, 309), August 3, 1694.

In 1694 the speaker informed the house that the laws passed by the last assembly, and transmitted to the king and council, were lodged with the king’s attorney, “who expects twenty guineas for perusing them, so that the same are not disallowed.” I Votes of Assembly, 82, 25, 3 mo. 1694.

[111] Journal of the Board of Trade, December 31, 1697, Vol. X. 386.

[112] I Colonial Records, 18, 23, 3 mo. 1683. The jurisdiction of the courts prior to 1700 has been admirably described by the late Lawrence Lewis, Jr., Esq., in a paper read before the Historical Society of Pennsylvania March 14, 1881, and reprinted in I Pennsylvania Bar Association Reports, 353.

[113] Chester County Records, 6th, 8 mo. 1685; 5 Hazard’s Pennsylvania Register, 156. The case of _Cock_ v. _Rambo_, Pennypacker’s Colonial Cases, 79, is an illustration of the practice in a criminal case from the binding over to final judgment.

[114] Pennypacker’s Colonial Cases, 99. In the previous year Thomas Howell was fined one shilling for breach of a rule. “Hee saucilie ansered Let the Court gett it how they can.”

[115] Sussex County Records (Turner), 109. Watson was expelled from the provincial council in 1686, I Colonial Records, 129, 10, 3 mo. 1686, but reinstated, I Colonial Records, 177, 10, 3 mo. 1688.

[116] Sussex Records (Turner), 110. He could have cited year-book precedents in his favor.

[117] Sussex County Records Mss., quoted I Pennsylvania Bar Association Reports, 361.

[118] Pennypacker’s Colonial Cases, 116 (1686).

[119] See _Reynolds_ v. _Simpson_, Pennypacker’s Colonial Cases, 77 (1685).

[120] In _Proprietor_ v. _Wilkins_, Pennypacker’s Colonial Cases, 89 (1685-6), a criminal case in Philadelphia, after the defendant had elected to be tried “by the bench of justices without a jury,” Hersent, the attorney-general, contended that it was contrary to law to try a prisoner without a petit jury. His contention was overruled, but the prisoner was convicted and fined.

[121] Sussex County Records Mss., quoted I Pennsylvania Bar Association Reports, 364.

[122] I Colonial Records, 122, 2, 2 mo. 1686.

[123] I Colonial Records, 157, 158, 11, 3 mo. 1687. In Philadelphia the practice was for the justices to sign the order for an execution. Pennypacker’s Colonial Cases, 108; so, also, in the provincial court, I Colonial Records, 95, 11, 5 mo. 1685.

[124] I Colonial Records, 124, 9, 2 mo. 1686.

[125] I Colonial Records, 125, 9, 2 mo. 1686, also pages 153, 156, 161.

[126] Charter and Laws of Pennsylvania, 100.

[127] I Colonial Records, 199, 21, 12 mo. 1688-9.

[128] I Colonial Records, 531, August 8, 1699. Part of Patrick Robinson’s house seems to have been used as a prison. Watson’s Annals of Philadelphia (1850), Vol. I, 356.

[129] Charter and Laws of Pennsylvania, 131.

[130] Charter and Laws of Pennsylvania, 168.

[131] Charter and Laws of Pennsylvania, 178, 184, 225; I Colonial Records, 205, 26, 12 mo. 1688-9.

[132] I Colonial Records, 68, 12, 7 mo. 1684.

[133] I Colonial Records, 290, 10, 2 mo. 1690.

[134] I Colonial Records, 157, 11, 3 mo. 1687.

[135] I Colonial Records, 304, 21, 9 mo. 1690.

[136] I Colonial Records, 202, 25, 12 mo. 1688-9.

[137] See Votes of the Assembly, Vol. I, 32.

[138] I Colonial Records, 55, 17, 3 mo. 1684.

[139] I Colonial Records, 83, 15, 3 mo. 1685; Votes of the Assembly, Vol. I, 35; Charter and Laws of Pennsylvania, 499.

[140] Those who have had occasion to read his handwriting will testify to the truth of this statement.

[141] Janney’s Life of Penn, 278.

[142] I Colonial Records, 4, 15, 1 mo. 1683.

[143] I Colonial Records, 52, 13, 3 mo. 1684.

[144] I Colonial Records, 65, 14, 6 mo. 1684.

[145] I Colonial Records, 20, 20, 4 mo. 1683.

[146] I Colonial Records, 161, 18, 3 mo. 1687, and see pages 172, 193, 210, 215-18.

[147] McCall’s address before the Law Academy (1838); I Pennsylvania Bar Association Reports, 386.

[148] II Colonial Records, 34, 20, 7 mo. 1701.

[149] II Colonial Records, 38, 29, 7 mo. 1701.

[150] II Colonial Records, 56, 28, 8 mo. 1701.

[151] Pennypacker’s Colonial Cases, 32; I Colonial Records, 29, 24, 8 mo. 1683, and page 32.

[152] Pennypacker’s Colonial Cases, 35; I Colonial Records, 40, 27, 12 mo. 1683.

[153] Hazard’s Pennsylvania Register, Vol. V, 159. In Sussex County Edward Southrin was accused of having conversed with the devil. Sussex County Records (Turner), 36.

[154] I Colonial Records, 8, 21, 1 mo. 1683, and pages 35, 69.

[155] Pennypacker’s Colonial Cases, 29; I Colonial Records, 23, 7, 7 mo. 1683.

[156] I Colonial Records, 494, 9 February, 1697-8; Board of Trade Journals, Mss. Historical Society Pennsylvania, Vol. X, 268, 287, 333.

[157] I Colonial Records, 495, 10 February, 1697-8.

[158] I Colonial Records, 532, August 9, 1699 and see page 549; Sussex Records (Turner), 42. August 17, 1696, Mr. Randolph delivered to the Commissioners of Trade a paper relating to the ill execution of the Acts of Parliament and a list of names of Pirates and Scotchmen inhabiting and trading in Pennsylvania; Memoirs of Historical Society of Pennsylvania, Vol. IV, part 2, 260.

[159] I Colonial Records, 535, December 21, 1699, and see page 545.

[160] I Colonial Records, 576, May 14, 1700.

[161] Memoirs Historical Society of Pennsylvania, Vol. IV, part 2, 301.

[162] Watson’s Annals of Philadelphia (1850), Vol. II, 218; III Colonial Records, 43, August 11, 1718.

[163] Blackbeard’s head was struck off and brought back in triumph on the end of the bowsprit. Afterwards his skull was made into the bottom of a very large punch bowl long used at the Raleigh Tavern at Williamsburg, Va.; Watson’s Annals of Philadelphia (1850), Vol. II, 221.

[164] I Colonial Records, 313, 21, 9 mo. 1690.

[165] II Statutes at Large, 148, § 5.

[166] I Colonial Records, 95, 11, 5 mo. 1685, and see page 98.

[167] Board of Trade Journals, July 13, 1694; Mss. Historical Society of Pennsylvania, Vol. VII, 300.

[168] Shepherd’s Proprietary Government in Pennsylvania (Columbia University Studies in History, 1896).

[169] II Colonial Records, 54, 28, 8 mo. 1701; Proceedings of the Constitutional Conventions of Pennsylvania of 1776 and 1790, 31.

[170] Chester County Records, 6, 5 mo. 1699, reprinted in Hazard’s Pennsylvania Register, Vol. V, 156.