In the year one thousand seven hundred and one, a new act was passed for establishing a provincial court. By this act, the court had jurisdiction in equity by bill and answer, such as is necessary in courts of chancery, and proper in these parts. This law was, in the year one thousand seven hundred and five, repealed by the queen in council.

e

In the year one thousand seven hundred and fifteen, another law was passed" for erecting a supreme or provincial court of law and equity." This experienced the fate of the former-it was repealed by the king in council in the year one thousand seven hundred and nineteen.

I may be permitted to remark, by the way, that such was the fate of many of the most valuable laws, which were passed in the early periods of Pennsylvania. They well deserve the attention of every one, who wishes to become a master of her juridical history. They disclose, in the most striking as well as the most authentick manner, how soon and how strongly a spirit of jealousy began to operate in the administration of the colonies.

Will it be believed, that the benefit of the great palladium of liberty-the writ of habeas corpus-was refused to be imparted to the plantations? Will it be believed, that the name of Somers-a name, in Europe, so dear to liberty-stands first in the list of those, by whom the tyrannick refusal was given? These things ought not to be believed without the most irrefragable testimony: if

R. O. book A. vol. 1. p. 110.

f R. O. book A. vol. 2. p. 109.

VOL. II.

Gg

the most irrefragable testimony of their authenticity can be produced, these things ought to be both believed and published. They show how dangerous it is for freedom to depend upon her best friends for a foreign support.

In December one thousand six hundred and ninety five, the committee of plantations wrote, to the governour and council of Massachussetts, a letter on the subject of a variety of laws passed by the legislature of that colony. Many of those laws were favourable to liberty; and, among others of this spirit, there was one concerning the writ of habeas corpus. With regard to this law, the committee expressed themselves in the following manner, truly remarkable. "Whereas by the act for securing the liberty of the subject, and preventing illegal imprisonments, the writ of habeas corpus is required to be granted, in like manner as is appointed by the statute of 31. Charles II. in England; which privilege has not as yet been granted in any of his majesty's plantations : it was not thought fit in his majesty's absence, that the said act should be continued in force; and, therefore, the same hath been repealed." My Lord Somers signed the letter! 5

g

I return to the supreme court of this commonwealth.

By a law, made in the year one thousand seven hundred and twenty two, and which is still in force, a court of record was established, and styled the supreme court of Pennsylvania. To that court power is given to issue writs of habeas corpus, certiorari, and writs of errour, and all remedial and other writs and process, in pursu

g Chal. 74.

ance of the powers given to it. h Its judges are authorized to minister justice to all persons, and exercise the jurisdictions and powers granted by law, as fully and amply as the justices of the court of king's bench, common pleas, and exchequer, at Westminster, or any of them, can do." It was made a doubt, whether, under the authority of this law, the supreme court could exercise original jurisdiction, and take cognizance of causes at their commencement. A law, passed a few years ago, gives it expressly original jurisdiction in enumerated

cases.j

i

By the constitution of Pennsylvania, the jurisdiction of the supreme court shall extend over the state; and the judges of it shall, by virtue of their offices, be justices of oyer and terminer and general gaol delivery in the several counties.

.

Besides the powers formerly and usually exercised by it, it has now the powers of a court of chancery so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the state, and the care of the persons and estates of those, who are non compotes mentis.1

The judges of this court hold their offices during good behaviour; but, for any reasonable cause, which shall not be ground of impeachment, the governour may remove any of them, on the address of two thirds of

h 1. Laws Penn. 179. s. 11.

j 2. Laws Penn. 472. s. 4.5.

1 Cons. Penn. art 5. s. 6.

i Id. 180. s. 13.

Art. 5. s. 3.

m

each branch of the legislature. They shall, at stated times, receive, for their services, an adequate compensation, to be fixed by law; which shall not be diminished during their continuance in office.

By a law passed during the present year, the supreme court is established in the same manner, and with the same powers, as it has been heretofore established by the laws of the state, consistently with the provisions contained in the constitution." It holds three terms in

the year; one, on the first Monday in January; another, on the first Monday in April; and the third, on the first Monday in September.

By the constitution of Pennsylvania, a court of common pleas, an orphans' court, a register's court, and a court of quarter sessions of the peace are established for each county. Before I consider these jurisdictions separately, it will be proper to premise some observations, equally applicable to them all.

Among the dispositions and arrangements of judicial power, the institution of counties has long made a conspicuous figure. The division of England into counties is generally ascribed to the legislative genius of the great

m Cons. Penn. art. 5. s. 2. n 3, Laws Penn. 92. s. 1. • Id. ibid.

P The terms of the supreme court now commence on the first Mondays in March, September, and December. March term continues three weeks; September term, two weeks; and December term four weeks. The first and last days of each term are return days. 5, Laws Penn. 166. Ed.

9 Art. 5. s. 1.

A

Alfred. His genius was unquestionably equal to the task; but part of it was performed before his reign. country so large as some of the kingdoms of the heptarchy could not, according to the policy and the exigencies of the times, enjoy the administration of justice without a division into subordinate districts. Accordingly, in the old laws, before the union of England under Egbert, we find the mention of sheriffs and shires. But though Alfred did not commence, he undoubtedly extended the county establishments of England. Before his reign, the Danes had made extensive settlements in the northern parts of the kingdom. During some years after the commencement of his reign, they confined him within very narrow limits, and ravaged the rest according to their savage pleasure. At last, however, this great man, whom so many embarrassments surrounded, and who surmounted so many embarrassments, obliged those, who had viewed him with supercilious contempt, to acknowledge him as their superiour and lord. After his conquest over the Danes, he then settled the boundaries of the counties through every part of England. In the southern parts of the kingdom, they were, probably, laid out according to the former limits. In the northern parts, which were less fertile and more uncultivated, they were laid out on a larger scale. Hence, to this day, we find the largest counties in the north of England.

In every county, justice was administered to the inhabitants near their places of residence, without the delay and expense of resorting to Westminster.

Sulliv. 245.