Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/409

 11. REINSCH: COLONIAL COMMON LAW 395 rial to the Lords of Trade, complains of the insufficient in- fluence of the judiciary. He says that " All the colonies being vested with legislative power, their systems of laws are gradually varying from the common law. If the judg- ments of the supreme courts are only vague and desultory decisions of ignorant judges the mischief is augmented, and, ^} a more influential and better paid judiciary is called for." New Jersey The two parts of New Jersey, East and West Jersey, had a different social complexion, and we may therefore look for divergent views on the subject of law. West Jersey was a pure Quaker commonwealth, where the influence of Penn was very strong ; while in East Jersey conditions similar to those in New York prevailed. We find, however, in both parts of New Jersey a system of popular courts. In East Jersey ^ the court system was established by the legislature in 1675. A monthly court for the trial of small causes was held in each town of the province by two or three persons chosen by the people. County courts were held twice yearly in each county; from these there was an appeal to the court of chancery. Proceedings in these courts were of the utmost simphcity. It was provided that any person might plead for himself and that no money was to be taken for pleading or advice.* West Jersey had a similar system of courts, comprising justices of the peace, county courts, and a supreme court of appeals ; the latter was instituted in 1693 and a final appeal from it to the general assembly was au- thorized in 1699. The term " court of chancery " is not used in West Jersey. The power of the jury was exaggerated, the three judges having no authority to control the verdict of the twelve men " in whom only the judgment resides." In case the judges should refuse to pronounce judgment, any one of the twelve by consent of the rest may do so.' Capital punishment was not fixed by the law. It was enacted* that •Ibid., p. 128. 'Ibid., p. 396. • Orants and Concessions, p. 404.
 * Grants and Concessions, p. 98.