IN 1855, Penoyer L. Sherman was admitted to the bar of Illinois, and he has since that date been contiuously engaged in the practice of law in Chicago. Born at Pompey, in Onandaga county, N. Y., in 1831, he belongs to that branch of the Sherman family which is descended from the Puritan sea captain, John Sherman, the grandfather or possibly the great-grandfather of Roger Sherman, who served in the Continental Congress, signed the Declaration of Independence, and was chiefly instrumental in securing the ratification of the national constitution of Connecticut.

P. L. Sherman enjoyed exceptional educational advantages as a boy, and entered Hamilton College at the age of sixteen, after having completed his preparatory studies at the academies of Pompey Hill and Homer. He graduated from Hamilton College in

1851, and soon afterward began the study of law in the office of Hon. Daniel Gott, for many years one of the most distinguished lawyers in the State of New York. After studying two years under the preceptorship of this gifted instructor, Mr. Sherman decided to locate in a western city, and with that object in view came to Chicago in 1853. In the law office of Collins & Williams, noted old time lawyers of Chicago, he continued his reading until 1855, when he was admitted to the bar as already stated, and began practice on his own. account.

Turning his attention to the civil practice entirely, he soon became recognized as one of the most careful and conscientious members of the Chicago bar, and in his thirty-five years of practice these have been his distinguishing characteristics. Every

case with which he becomes connected, is prepared with the greatest care, and every statement made to court or jury is so carefully weighed, that its accuracy is seldom questioned. A scholarly and accomplished man when he began his professional career, he has been all his life a close student and a most industrious worker. As a natural sequence he has become a lawyer of broad general information, and ripe judgment, especially noted as a safe counsellor and judicious adviser.

As a master commissioner of one

of the Cook county courts, a vast amount of important litigation is referred to him from time to time to be inquired into and reported on to the courts, and in this semi-judicial capacity his legal acumen and knowledge of the law have been clearly manifested.

Devoted above all else to his profession, he has given to it his whole time and attention, building up a large practice and reaping the legitimate reward of intelligence and welldirected efforts.

In order, however, that all doubt and uncertainty might be removed, which arose from the confusion incident to the short and troubled reign of Cromwell, it was resolved by the general assembly, (the legislature had now become the general assembly,) sitting at James City, March 23, 1661-2, Anno Regini Rs Carol Sedi, 14, to revise all of the laws of the Plantation. Accordingly a bill was introduced to that effect, which not only revised all the laws, but expressly and distinctly recognized the common law of England, the right of trial by

V.

jury-the indictment of offenders by a grand jury—and "the course and proceedings of the common law, as the same were embodied in the laws of England and expounded in the high courts of Westminster." The preamble of the act above referred to is as follows: "Whereas, the late unhappy distractions caused frequent changes in the government of this country, and these produced soe many alterations in the lawes that the people knew not well what to obey, nor the judge what to punish, by which means injustice' was hardly to be

avoyed, and the just freedome of the people by the uncertainty and licentioussness of the laws hardly to be preserved. This assembly taking the same into their serious consideration and gravely weighing the obligations they are under to discharge to God, the king, and the country, have by settling the laws diligently endeavored to prevent the like inconveniences by causing the whole body of the laws to be reviewed, all unnecessary acts and chiefly such as might keep in memory our enforced deviation from his majestie's obedience, to be repealed and expunged, and those that are in force to be brought into one volume; and lest any prejudice might arise by the ignorance of the times from whence these acts were in force, they have added the dates of every act to the end that courts might rightly administer justice and give sentences according to law for anything happening at any time since any law was in force; and have also endeavored in all things (as neere as the capacity and constitution of this country would admitt) to adhere to those excellent and often refined laws of England, to which we profess and acknowledge all due obedience and reverence," etc., etc.

Then follows a series of acts commencing with the church and providing for the establishment of one in every parish, "for the advancement of God's glory and the more decent celebration of his divine ordinances " throughout the Plantation, including

regulations for the appointment of a vestry, the selection of "Glebes," the induction of ministers to provide readers, recognition of the Liturgy Church catechism, observance of Sunday, marriages, bonds, etc.; providing for a "colledge," and finally providing for the organization and proceedings in courts, the style of the court, the forms and ceremonies to be observed and the documents to be observed, and many other things which furnishes a glimpse of primeval life and simplicity, that carries the mind back to the formative period of civil government in this country.

THE form of opening the court and the preliminary proceedings prescribed were as follows: First, silence was to be commanded, then let the cryer or under sheriff make proclamation and say, "O yes, O yes, O yes, silence is commanded in the court while his majestie's governour and councell are sitting, upon paine of imprisonment."

After silence is commanded, let the cryer make proclamation, saying, "All manner of persons that have anything to doe at this court draw neer and give your attendance, and if any one have any plaint to enter or suite to prosecute lett them come forth and they shall be heard."

When silence is thus commanded and proclamation upon calling the dockett, the cryer shall call for the plaintiff:

"A B come forth and prosecute the action against C D, or else thou will be non-suit." And the plaintiff

putting in his declaration, the cryer shall call for the defendant. Then the defendant shall be called:

"CD come forth and thee and thy bayles, or else thou wilt forfeit thy recognizances."

At that time the most common process, we believe, was that of the capias ad respondendum, and appearance and special bail were required in almost every case at law. 2 Hening's Stats. at Large, p. 59.

THE WHOLE COLONY OF VIRGINIA FARMED OUT TO LORDS CULPEPER AND ARLINGTON.

In 1673, Charles II. granted to Lords Arlington and Culpeper, two favorites of the crown, the whole colony of Virginia for thirty-one years. This grant is dated February, 1673, and is one of the most reckless, extravagant, outrageous and improvident acts ever any king of England was guilty of. It virtually turned over the management of the entire Plantation to their control, demising unto them all rents, quit-rents, fines, forfeitures and escheats, and constituting them general bosses.

This raised a general storm of indignation and led to endless bickerings, criminations and recriminations, protests and remonstrances, which after a delay of several years resulted in the grant of a new charter, dated 10th of October, 1676.

Among the records in the State Paper office in England is a record of the proceedings which took place "at the court at Whitehall, November 19,

1675," when "the lords of the committee for forrain plantations" made "a report touching a grant to be part unto his majestie's subjects of Virginia," at which there was "Present, the Kings's Most Excellent Majestie; his High Prince Rupert, Earl of Essex; Lord Keeper, Earl of Craven; Lord Treasurer, Earl of Carberry; Lord Privy Seal, Viscount Fauconberg; Duke of Albemarle, Viscount Halifax; Duke of Monmouth, Viscount Newport; Earl of Bridgewater, Mr. Sec. Coventry; Earl of Northampton, Mr. Sec. Winson; Earl of Petersborough, Mr. Chancellor of the Duchy."

THE FRONTIER COUNTRY OF KEN

TUCKY.

Commencing with the year 1756, the general assembly seemed to be engaged in providing means to carry on the war against the French and Indians to protect the frontier-to raising and arming troops, militiamen, minutemen, mounted men, rangers and scouts, and to keeping in check the Papists, Dissenters, Quakers, Baptists, Presbyterians and all the ungodly.

In 1752, Augusta was the most distant frontier of the State of Virginia, and in February of that year, it being the 25th of George II., a statute was passed, entitled "An Act for encouraging persons to settle on the waters of the Mississippi," as follows: Whereas, it will be a means of culti vating a good correspondence with the neighboring Indians, if a proper

encouragement be given to persons to settle on the waters of the Mississippi River, in the county of Augusta, and whereas, a considerable number of persons, as well of his majesty's natural born subjects as foreign Protestants, are willing to impart themselves with their families and effects and to settle upon the lands near said waters, in cases they can have such encouragement for so doing, and whereas, the settling that part of the country will add to the strength and security of the colony in general, and be a means of augmenting his majesty's reverence of quit-rents. Be it

therefore enacted by the lieutenantgovernor, council and burgesses of this present general assembly and it is hereby enacted by the authority of the same: That all and every person and persons being Protestants, who shall hereafter settle and reside on any lands, situate to the westward of the ridge of mountains that divides the rivers Roanoke, James and Potomack from the Mississippi, the county of Augusta, shall be and is and are exempted and discharged from the payment of all public, county and parish levies, for the term of ten years next following, any law, usage or custom to the contrary thereof, in any wise, notwithstanding. 6 Hening's, p. 258.

The restless and adventurous spirit of the explorer had already taken. possession of the people, and they longed to see what was beyond and they especially desired to drive out.

the French and subdue the Indians; consequently we find scattered throughout the records and proceedings of the general assembly, commencing with 1752, a series of acts intended for the protection of the inhabitants of the western frontier and for the encouragement of emigration to the country lying beyond the Alleghanies and near the unknown. Mississippi. An Indian war ensued and it was during this war that Col. George Washington, afterward known throughout the world as Gen. George Washington, first distinguished himself. The assembly, in 1755, reciting that the officers and private soldiers of the forces levied "in this colony had, in the late engagement on the Monongahela, behaved gallantly and sustained great loss," voted the sum of three hundred pounds to Col. Washington, other sums to different officers by name, and five pounds to each serving soldier. 6 Hening's Stats. pp. 527, 528; see also 7 Hening, pp. 282, 331.

In November, 1769, 10th George III., the county of Augusta was divided into two counties by a line beginning at the Blue Ridge running north fifty-five degrees west to the confluence of May's creek or the South river, with the north branch of James river, thence up the same to the mouth of Cross creek, thence up the said creek to the mountain, thence north 55 degrees west, as far as the courts of the two counties shall extend it, and all that part of the said