These early county courts were vested with criminal jurisdiction in all save cases of heinous or enormous crimes. Treason, murder and manslaughter were outside their cognizance. Trials for larceny, swearing, laboring on the first day of the week, assault and battery, shooting or maiming the prosecutor’s hogs, unduly encouraging drunkenness, selling rum to the Indians and offenses against the public morality and decency constituted the great bulk of the criminal business.
“Lying in conversation” was fined half a crown, “drinking healths which may provoke people to unnecessary and excessive drinking” was fined five shillings, while the sale of beer made of molasses at more than a penny a quart was visited with a like penalty of five shillings for every quart sold.
No person could “Smoak tobacco in the streets of Philadelphia or New Castle, by day or by night,” on penalty of a fine of twelve pence, to be applied to the purchase of leather buckets and other instruments against fire.
Any person “convicted at playing of cards, dice, lotteries or such-like enticing, vain and evil sports and games” was to pay five shillings or to be imprisoned five days at hard labor, while those who introduced or frequented “such rude and riotous sports and practices as prizes, stage plays, masques, revels, bull baitings, cock fightings and the like” were either to forfeit twenty shillings or to be imprisoned at hard labor for ten days.
Smoking tobacco in the courtroom was an heinous offense. Luke Watson, himself a Justice, twice offended the Court on the same day in this manner and was fined the first time fifty pounds of tobacco, the second 100 pounds. In 1687 William Bradford was fined for swearing in the presence of the Justices, and Thomas Hasellum was fined for singing and making a noise.
Thomas Jones, who was wanted in court as a witness, was a hardened character and refused to appear. When two constables brought him into court he cursed at a horrible rate.
The records state “said Jones being brought into court, the Court told him of his misdemeanor, and told him he should suffer for it; he told the Court he questioned their power, so the Court ordered the Sheriff and constable to secure him and they carried and dragged him to ye Smith Shop, where they put irons upon him, but he quickly got the Irons off and Escaped, he having before wounded several persons’ legs with his spurs that strived with him, and when they was goeing[goeing] to put him in the Stocks, before that they put him in Irons, he kicked the Sheriff on the mouth and was very unruly and abusive, and soon got out of the Stocks.”
An excellent law in the early days of the Province provided “that whereas there was a necessity for the sake of commerce in this infancy of things, that the growth and produce of this Province should pass in lieu of money, that, therefore, all merchantable wheat, rye, Indian corn, barley, oats, pork, beef and tobacco should pass current at the market price.”
Of this provision the people availed themselves largely. They frequently gave bonds to each other acknowledging their debts in kinds. Judgments were accordingly sometimes entered “for 172 pounds of pork and two bushels of wheat, being the balance of an account brought into court,” or for “32 shillings for a gun, and 150 pounds of pork for a shirt,” while, perhaps, the climax is reached in an entry of judgment for “One thousand of six-penny nails, and three bottles of rum.”
The early Provincial Courts were unusual peace makers and made peculiar awards.