720 A. E. McKinley "to follow and observe the Lawes Establisht in his Royall High- ness his Territoryes and to follow such Orders and Directions as from time to time hee shall receive from " the governor/ By this time there were at least three local courts on the Delaware ; the settlements near Cape Henlopen, called the Whorekill plantation, had retained their commissaries and schout since the Dutch period ; the Newcastle settlements had likewise their separate court, al- though under the shadow of the commander's power ; and another court for the Schuylkill settlements had existed in 1660; " but no direct evidence remains that this last court continued its sessions under the English. In 1672 there was, however, a court in exist- ence at Upland (Chester), and it is believed that this was only the old Dutch court, with its place of meeting changed some time dur- ing the years 1660-1672 from Tinnicum Island near the Schuyl- kill to the mainland at Upland (Chester).' In May, 1672, New- castle was incorporated by the governor, and the Dutch practices of partial retirement and double nomination introduced into the town government. The few months' occupation by the Dutch in 1673 and 1674 had little effect upon political development on the Delaware. The three courts were continued, and four magistrates for each selected by the governor and council from a double nomination by the "in- habitants."'^ Upon the restoration of the country to the English, Andros issued orders for the reinstatement of the officers who had held commissions when the Dutch took possession.^ The commis- saries, or magistrates of each of the local courts, were directed to cause an election of constables." In the following spring. May, 1675, Andros visited Newcastle and held a special court. And at ^ N. y. Co!. Doc, XII. 495. ^Ibid., 311. 5 Hazard, Annals of Pc-nnn., 39S. Upland Court Record, Memoirs of Hist. Soc. of Penna., VII. 31, Mr. Armstrong, the editor of the Record, believes " that the earl- iest tribunal under English sanction, within the limits of what is now the state of Penn- sylvania, held its sittings at Upland, since called Chester." He does not ask the ques- tion of the fate of the court at Tinnicum Island, nor whether it persisted under the English, nor whether it were merely moved from Tinnicum to Upland. So far as I know, the documents of the period are silent on this point.
- N. Y. Col. Doc, XII. 496. The officers of the " Balywick " were to be a bailiff
(called " a Bailey "), and six assistants. Four of the assistants were to retire annually and others were to be chosen in their stead ; the bailiff was to be chosen by the governor from a double nomination made to him. A sheriff was to be appointed for the corpora- tion and the whole river by the governor from a similar nomination. In none of these cases is mention made of the method of election or nomination. ■'N. y. Col. Doc, XII. 508. ^/6id., 513; the old bailiff, Peter Alricks, was especially excluded from this rein- statement. ' /6iJ., 514.
