every respective County in this Government, And there hold a Provincial Court on the Twenty eighth day of the Seventh month, And the fourteenth Day of the second month, in the Countie of Bucks; And on the second day of the eighth month, and on the eighteenth day of the second month, att Chester; And on the fifth Day of the eighth month, And the one and Twentieth day of the second month, att New Castle; And on the ninth day of the eighth month, And twenfy fifth day of the second month, in the Countie of Kent; And on the thirteenth Day of the eighth month, And Twenty ninth day of the second month, att Lewis in the Countie of Sussex; when, where and as often as there Shall be Occasion, of which occasion Notice Shall be given by the respective Clerks where Such appealls are so granted, as aforesaid, under the Countie Seal directed to the Governour or President for the time being, by the first opportunity after Such appealls are granted; Which Said Circular Courts Shall have the hearing and Determining of all appeals from the said respective County Courts both in law and equity, grantable by the said County Courts; Which Judges are also hereby authorized and impowered to hear and determine, All Treason, Murder, Manslaughter, and other heynous and Enormous Crimes in all and evrie of the said respective Counties. And that all Justices, Sheriffs and other officers shall yield due attendance to the said Judges, during the sitting and Continuance of the said Provinciall Courts fixt and circular; Aniething contained in anie other Law of this Province, to the Contrary, Notwithstanding."

In August, 1684, William Penn was called to England to protect his title to lands claimed by Lord Baltimore. He remained there until the close of 1699. During his absence there was a loose government in the Pennsylvania Province and King William and Queen Mary becoming King and Queen of England on October 20, 1692, appointed and commissioned Colonel Benjamin Fletcher to be Captain General and Governor-in-Chief of Pennsylvania. His commission empowered Colonel Fletcher to call a general assembly, make laws with its consent, to enact, constitute, and establish Courts of Judicature and public justice with appeal to the Privy Council in England if the sum in controversy exceeded three hundred pounds. Colonel Fletcher was also appointed Governor of New York by a separate commission. The appointment of Benjamin Fletcher was generally regarded

as a suspension or abrogation of the laws in the Province passed under Penn. The petition of right signed by Jos. Growden, Speaker of the Assembly, soon after Fletcher assumed the government of the Province would indicate that to be the common belief. (Duke of Yorke Laws, page 188.) Twenty-nine laws were passed and approved by Governor Fletcher in response to this petition. No law was passed providing for an appellate court. The compensation for the judges was inadequate and it was difficult to get capable men to officiate as judges, besides, there were grave disputes between the governor and the assembly over the taxes imposed to help the New York province in its wars with the Indians. There were then six counties in the province of Pennsylvania: Philadelphia, Bucks, Chester, now in Pennsylvania, New Castle, Kent, and Sussex, now in Delaware.

CHAPTER II

Statutes Passed Under Gov. Benjamin Fletcher

In 1693 a law was passed called the law about appeals and Provincial Courts. (See Duke of Yorke's Laws, page 225.)

"Be it Enacted by the authority aforesaid, That all Trials of titles for Land, all actions of Debt, Accompt or Slander, Actions personal, and all actions Civil & Criminal whatsoever (Excepting Treason, Murder, Man Slaughter, Rape, Sodomy, Buggery, Burglary, & Burning of Houses) Shall be first heard & tryed in the proper County Courts by the respective Justices, which County Courts shall be held & kept Quarterly in every County of this province & Counties annexed, & oftener if occasion be, Which County Courts shall be Courts of Equity, for the hearing & decreeing all matter & causes Cognizable in the sd. Courts under the value of ten pounds. And in case either plaintiff or defendant, shall apprehend themselves agrieved with the verdict of the Jury, or Judgment of the Court, they may appeal to have the cause of Complaint heard over & determine by the then next Provincial Court, to be held for the sd. County. Which sd. appeal shall be granted, provided that the Debt or Damage in the said Judgment be ten pounds or upwards, The appealant giving good and sufficient security to prosecute the said appeal & to pay all Costs & damages that shall be awarded.

"And it is further enacted that there shall be five Provincial Judges appointed by the Govenour; which Judges or any three of them, shall be a Provincial Court, and sit twice every year at ye town of Philadelphia, on the four & twentieth day of the seventh month, and the Tenth day of the Second month, and, at Least two of the five every fall and Spring yearly, Shall go their Circuit Into every respective County in this Government, and there hold a Provincial Court.

"On the twenty eighth day of the seventh month and the fourteenth day of the second month in the County of Bucks.

"And on the second day of the eighth month and on the eighteenth day of the second month at Chester.

"And on the fifth day of the eighth month and the one & twentieth day of the second month at New Castle.

"And on the ninth day of the eighth month, and twenty-fifth day of the Second month in the County of Kent.

"And on the thirteenth day of the eighth month and twentyninth day of the second month at Lewis, in the County of Sussex, when, where & as often as there Shall be occasion, of which occasion notice shall be given by the respective Clarks, where such appeals are so granted as aforesaid, under the County Seal, directed to the Governour for the time being, by the first opportunity after Such appeals are granted. Which Said Circular Courts, shall have the hearing and determining of all appeals from the respective County Courts, both in Law & Equity grantable by the Said County Courts. Which Judges are also hereby authorized & Impowered at the time & places aforesaid to hear and determine Treason, Murder, Manslaughter, Rapes, Sodomy, Buggery, Burglary, & Burning of Houses, in all and every the sd. respective counties. And that all Justices and other officers shall yield due attendance to the said Judges, during the Sitting & Continuance of the said Provincial Court. And the Sheriff of every respective County Shall meet & attend the Judges in & out of their respective Ballywicks & take care to defray the charge of the said Judges, Which said Judges shall be allowed out of the respective County Rates during their Sitting & travelling in that service ten Shillings each for every day."

CHAPTER III

Statutes Passed Under William Penn's Second

Government

August 20th, 1694, William Penn was reinstated Governor of Pennsylvania by William and Mary. Penn appointed William Markham Deputy Governor. Benjamin Fletcher still remained Governor of New York. Penn remained in England.

In 1698 under William Penn through his deputy, William Markham, and the assembly a law was passed as follows: (see Duke of Yorke's Laws, page 268.)

"Be it Enacted by the Lieut Governour with the advice and Consent of the representatives of the freemen of the said Province & territories in General Assembly met & by the Authoritie of ye same. That the Law called, The frame of government, made Enacted & past in the year 1696 and all other Laws heretofore made & past and are now in force, are hereby Enacted & Declared to be the Laws of this Government, Except such Laws as are by any of the Laws made or that shall be made this General Assembly repealed, or such parts of Laws as are varied or added unto. Provided, that nothing herein Contained shall be Deemed or taken to inforce any part of the said frame of government which the Proprietor shall Disannull, as therein is Exprest." As there had been no repeal of the act of 1693 or any amendments to it or variations this act of 1698 reënacts or reinstates the act of 1693, if there were any doubts about it. William Penn died in 1718 and the province was thereafter governed by his descendants.