INTRODUCTION xix

In the case of affirmance of the judgment of the Provincial Court on appeal, such
determination in civil common law causes was final, except that, in accordance with
the royal commission and instructions to Nicholson, the above act of Assembly al-
lowed an appeal to the King in Council if the judgment exceeded £300 sterling
or 60,000 pounds of tobacco. On review of Chancery decrees further appeal to the
King in Council was allowed by such act if the original debt or damages exceeded
the same minimum. 5

The Provincial Court held at Annapolis was the principal common law court of
original jurisdiction in the province in both civil and criminal matters. It was
characterized as having the powers of King's Bench, Common Pleas and Ex-
chequer; it did not, however, go on circuit or exercise nisi prius jurisdiction. 6 It
exercised sole jurisdiction in civil actions involving title to land, being commis-
sioned to hold common pleas and to hear and determine "all and all manner of
actions Civil Real personall and Mixt" within the province. Until June, 1697 it
exercised exclusive jurisdiction in personal actions exceeding 10,000 pounds of
tobacco; following changes in the commissions to the county courts, made at the
instance of the House of Delegates, it then exercised concurrent jurisdiction with
such courts. 7 For the entire period under consideration it had concurrent juris-
diction with the county courts in personal actions under 10,000 pounds of tobacco,
except that in actions for debts not exceeding 1,500 pounds of tobacco the county
courts had exclusive jurisdiction. 8 It also exercised concurrent jurisdiction with
the county courts over actions on various penal statutes. It exercised appellate juris-
diction (by appeal or writ of error) over the county courts and other inferior courts
of record in civil causes wherein the debt or damages amounted to £6 sterling or
1,200 pounds of tobacco. 9

The Provincial Court had sole original jurisdiction in criminal matters in which
punishment extended to life and limb, including by the commission terms murder,
treason and misprision of treason. In most other criminal matters, including nu-
merous statutes providing for informations, it exercised concurrent jurisdiction
with the county courts. However, it seems likely that most of the serious criminal

5. 38 MA 61-62; 1 Labaree, Royal Instructions to British Colonial Governors, 1670-1776, No.
446 (1935).

6. 25 MA 320; cf. PMCA 36. In May 1692 it was presented as a grievance to the Assembly that
the justices of the Provincial Court did not "Ride the Circuit" and that criminals were not
tried in their own county "according to the usuall Customes in old England." 13 MA 357. In
May, 1695 there was referred to the next Assembly a report of the Burgesses that "an equall
number of Itenerant Justices of the Provinciall Court be appointed on each syde the Bay to
ride the circutes as the Judges in England, and to hold their courts on the Eastern and Western
shore, and clerkes appointed to attend them...." 19 id. 175. See also in July 1699 the negative
Lower House vote on the second reading of a bill to appoint judges of nisi prius. 22 id. 433.

7. The House desired an order that the County Court commissions "be enlarged in limiting
them to 10,000 pounds of tobacco or £50 sterling being a greate greivance to this province there-
fore we desire they may be as formerly." 19 id. 523-24. For the commission changes see infra
1-2, 172-73, 519-20. The account by Bpnd (PMCA xv-xvi) fails to note the 1697 change in the
county court commissions. For the Provincial Court commissions see PC/, Liber TL, No. 1, 120-22;
PC], Liber WT, No. 3, 1-3 (Hall of Records, Annapolis).

8. 13 MA 447; 22 id. 500.

9. 38 id. 60. The statement by Bond (PMCA xiv) that the relationship of the Provincial
Court to the County Courts was comparable to that of the central courts in England to the
county courts is misleading. In England, since the county courts were not courts of record,
no writ of error would lie. Review of erroneous judgments was by Common Bench upon writ
of false judgment. Perhaps of more significance was the transfer of causes from the county
courts to King's Bench or Common Bench by writ of recordari facias loquelam (if commenced
by plaint) or by writ of pone (if the suit was before the county court by writ of justicies). Green-
wood, The Authority, Jurisdiction and Method of Keeping County-Courts, Courts-Leet, and
Courts-Baron 52-54 (1730).