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.”
They were also intrusted with other duties. The minutes of the Provincial Council for February 12, 1687–8, show that the County Court of Philadelphia was ordered to cause “stocks and a cage to be provided,” and was required “to suppress the noise and drunkenness of Indians, especially in the night, and to cause the crier to go to the extent of each street when he has anything to cry, and to put a check to horse racing.”
In 1702 the Grand Jury found true bills for the following offenses: