xlviiii PRINCE GEORGES COUNTY

life or member to the Provincial Court, on press-masters refusing to serve and on
ordinary keepers refusing to extend credit under certain circumstances.16

Exclusive Statutory Jurisdiction

The county courts were given exclusive jurisdiction over a relatively limited
number of offenses. A 1692 act, designed to mitigate the severity of the laws of
England, granted jurisdiction to hear and determine all cases of theft or stealing
(robbery, burglary and house breaking excepted) "whether it be a horse, mare,
Gelding, Colt, Cow, Calfe, Ox, Bull, Steer, Ram, Ews or Lambs, Goats, Hoggs,
Piggs, Poultry or other goods or Chatties Whatsoever," not exceeding the value of
1,000 pounds of tobacco, and all offenses arising under an act of the same year
against hog stealers. Punishment was to be by whipping or pillorizing or both,
as the justices thought most agreeable to the demerit of the offender, plus restora-
tion of fourfold the value of the stolen property. By a 1699 act this jurisdiction was
altered to "all Matters relateing to theeving Stealing Pilfering and Purloyning
(Felonys of a higher nature as Robberies Burglarys House breaking etc. Excepted)
whether Cattle Sheepe fowle or other Creatures Necessary for the food and Nour-
ishment of Mankind or horse Mare or Gelding or other Creature that may be
Serviceable and usefull or other goods and Chattels whatsoever" not exceeding
1,000 pounds of tobacco in value. The punishments were changed to whipping,
pillorizing, setting in the stocks or restoring fourfold the value of the property
stolen, as adjudged by the court, with the trial of third offenders reserved to the
Provincial Court, which was to proceed as near as might be according to the laws of
England.17

Other offenses over which the county courts had exclusive jurisdiction to fine
or inflict corporal punishment or declare property forfeited included entering
upon another's plantation without permission in order to drive away horses and
cattle not owned by the trespasser; ranging in the woods after wild horses and
cattle without license from the governor; failing to bring servants without in-
dentures before the county courts for determination of their age and term of
service; dismembering or cauterizing slaves or mistreating servants or slaves by
denial of food, lodging or clothing or by imposing unreasonable working con-
ditions; refusing to give or giving a false account of taxables to the constable.18
Also in the exclusive jurisdiction of the county courts was the punishment of
constables failing to take a list of taxables in their hundreds and of coopers or
other persons failing to observe gauges in making tobacco hogsheads.19

Proclamations and Conciliar Orders

At this period the governor from time to time resorted to the use of proclama-
tions under the broad seal of the province to implement or supplement existing
laws. These proclamations covered a wide range of subjects including such matters
as the gauge of tobacco hogsheads, trade with Pennsylvania, exportation of corn
from the province, enticing persons to remove from the province, runaway or
deserting seamen, disposition of parish levies, enforcement of an act restraining
assembling of negroes, harboring or assisting John Coode (a fugitive disturber

16. 13 id. 477; 22 id. 511; 38 id. 44.

17. 13 id. 479; 22 id. 553. The act against hogstealers is at 13 id. 377.

18. 38 id. 77 (corporal punishment could be imposed if the offender could not satisfy the
judgment in a popular action); 13 id. 451; 22 id. 546 (omitting reference to any penalty for
dismembering or cauterizing slaves); 13 id. 538; 22 id. 514.

19. 13 id. 538; 22 id. 514; 19 id. 104.