Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/408

 394 ///. THE COLONIAL PERIOD cution of the laws of England." His methods soon led to his unpopularity and his final disgrace. As in other colonies, lawyers were unpopular in the early days of New York. " The general cry of the people both in town and country was, ' No lawyer in the Assembly ! ' " ^ •As we have seen, the early governors exercised what was called an equity jurisdiction, but no regular court of equity was established. In 1711, Governor Hunter addressed the Lords of Trade in this matter. He speaks of the necessity of giving equitable rehef in many cases, and instances the case of a merchant, who inadvertently confessed judgment for 4,000 pounds, the real debt being 400 pounds, and who then languished in prison. He says that the House declared that the trust of the seal constitutes him the Chancellor, but having already too much business and being ignorant in law matters he asks the Lords of Trade for advice,^ They simply answer ^ that he is authorized to establish, with the consent of the council, any court that may be necessary. A court of chancery was accordingly established, but in 1727 the assembly resolved that the creation of this court without its consent was illegal. Its fees were reduced and its jurisdiction languished for a time.^ Col den ascribes these resolves to the vindictive intrigues of the speaker, who had been defeated in a chancery suit.'' The complete doctrine of the binding force of the common law in New York was not declared before 1761. A most thoroughgoing statement is found in Governor Tryon's report,® where he declares that " the common law of England is the fundamental law^ of the province, and it is a received doctrine that all the statutes enacted before the province had a legislature are binding upon the colony ; " also that in the court of chancery the English practice is followed. Some years before, in 1762, Chief Justice Pratt, in a menio- of New York, VIII, 61. •Ibid., 252. 'New York Historical Society Collections, XVIII, 911. •1774; Documentary History of New York, I, 759.
 * Gov, Colden to Hillsboro; Documents Relative to Colonial History
 * Documents Relative to Colonial History of New York, V, !808.
 * Smith's History of New York, 270.