Page:American Historical Review vol. 6.djvu/732

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722 A. E. McKinley by the governor also ; and the magistrates of the three courts were commissioned by the governor, for " one year ... or till further order."' In actual practice, the magistrates often held their offices for more than a year ; the justices of the Upland court were first commissioned on September 23, 1676, and their commissions were not renewed until June 8, 1680.^ In other cases a shorter time passed before renewal.^ As these courts were the local legislature and judiciary, and the sheriff their executive, it will be- seen that this system had little of the elective and popular features of the Long Island laws. On Long Island each town had its overseers, e.xer- cising local legislative and judicial powers, and elected by the town- meeting ; the constables and other local officers were elected by the same body ; all soldiers had a voice in the election of militia offi- cers ; and the town-meetings, although not authorized by law, actually exercised large legislative powers. Of these various pop- ular features, only the election of the constable was introduced into the Delaware region, and it is doubtful if that election was performed by the inhabitants. All other matters were left to the courts."* The change which was accomplished, then, by the introduction of the Duke's Laws on the Delaware, was very slight. The three courts were maintained and their powers enlarged and more care- fully defined. The criminal and civil provisions of the Laws, and the fees there established, were to guide the justices upon the Delaware. But the main political and military features were not extended. No stronger proof of the slightness of the change could be found than the fact that over two years passed before a copy of the Duke's Laws was sent to the Newcastle court, although it had frequently petitioned the governor for a copy.^ In course of time, other courts were organized upon the Delaware,^ and some efforts were niade to establish a general court, perhaps similar to the assizes in New York, which should have legislative and taxing power for all the Delaware settlements, but this plan was not favored by the governor, and dur- ing the remainder of the period of the Duke's government, the 1 Upland Court Record, 38. ^loid., 37; 165. ^N. Y. Col. Doc, XII. 635; Pcnna. Archives, second series, V. 684-6S5, 690, 699, 704, 7c6, 718.

  • See Upland Court Record, p. 184-185, for appointment of overseers of highways by

court. Also X. Y. Col. Doc, XII. 606, 650 for two instances of nomination of magis- '" N. Y. Col. Doc, XII. 576, 581, 590, 606, 60S ; Peiina. Archives, second series, V. 697, 706. «.-. i: Col. Doc, XII. 610, 635 ; Hazard, Annals, 472.