Page:The Green Bag (1889–1914), Volume 03.pdf/30

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The Supreme Court of Pennsylvania. whatever. But more peculiar to Penn sylvania than all of these courts was the tribunal of " Peacemakers." Laws of Penn sylvania, 1683, Chap. LXV. : "And be it &c. That in every precinct three persons shall be yearly chosen, as Common peacemakers in that precinct, And their Arbitrations may be as Valid as the judgements of the Courts of Justice. . . . And such Conclusion

to be registered in the County Courts as other Judgments are." This body lived ten years. The following specimen of a Peace makers' Arbitration is quoted by Mr. Lewis in his account of the courts of the seven teenth century. The case was of assault and battery : " Samuel Rowland shall pay the lawful charges of the writ, and give the said Samuel Baker a Hatt, and so Discharge each other of all manner of Difference from the Beginning of the World to this Present day." So much for the WILLIAM nature and times of the courts when the regular Court of Appeal was in its infancy, or had not even got so far as that. The lit tle that has been presented of the tempera ment of this colony must serve to indicate the causes of those traits which characterize the early life of the Supreme Court. Concerning appeals from the various tribunals, the following provision is found. Laws of Pennsylvania, 1683, Chap. LXX. : "And if any person shall think himself ag grieved with the Judgement of the County Court, That then, such person may Appeal to have the same tryed before the Governour

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and Council, Provided always, that the same be above twelve lbs." But not till the year following was there any formulated appel late Court. Laws of Pennsylvania, 1684, Chap. CLVIIL: "That there shall be five Provinciall Judges appointed by the Gov ernour under the great seal of this Province, which Judges or anie three of them, shall be a Provincial Court and sitt twice every year in the town of Philadel phia; And any two of them att least shall every Fall and Spring yearly goe their Cir cuits into everie re spective county of this Province and territo ries. . . . Which Court whether fixt or circular shall have the hearing ... of all Appealls from inferior Courts." Land titles and all causes not in the jurisdiction of the County Courts were also to be tried by their body, which was remodelled three times by 1693. Out of the five, a Chief or prior justice was commis sioned, and from the PENN. year 1684 on, Pennsyl vania has had a ChiefJustice. From this dynasty brevity compels a narrow selection of individuals. Dr. Nicholas Moore (or More), the founder of the dynasty, first Chief-Justice of Penn sylvania, was commissioned on the 4th day of the 6th month, 1684. Another person had been intended by William Penn, who writes from London to the Deputy-Governor : "Cosen Markam : My sincere love salutes thee. ... I have sent my Cosen, William Crispin. ... It is my will and pleasure that he be as ChiefJustice. . . . Pray be very respectfull to my Cosen Crispin."