History of the State of New York, Vol. I (1609-1691)
In case of appeal, the course is as follows : If any one in a town that is not the Capital, considers himself aggrieved by any judgment, he may appeal, if the sum exceeds the limit each court takes cognizance of. Otherwise, no appeal lies, and this law was passed with general consent ad utilitatem civium et paganorum, ad diriinendas lites. Then appeal lies to the court of the Colony, which we would call the Provincial court, and the defeated party wishing to proceed further, appeals to the General Court. This meets twice a year and continues until all
business, as well public affairs as law suits, is disposed of. Few suits are brought before this court, and those definitely decided there are not to be again instituted. ' For we are not fit nor qualified to prescribe a rule to your High Mightinesses. ' In form of a State (Staet), like the government of this country, especially as in this case there is no difference, but fundamentally a similarity between it and our neighbors of New England, apart from whom we have no neighbors of consequence. -- NoTA Bene. In New England, the government is carried on thus Each town, no matter how small, hath :
its own court and jurisdiction, also a voice in the Capital, and elects its own officers. Few taxes are imposed, and these only by general consent. In their Capital they have a Governor, a Deputy (that is. Vice) Governor, a Constable, that is Judge, a Secretary and two Provincial Councillors. In the individual towns, they have a Constable, a Clerk and Selectmen. They call all these Magistrates, and, though they depend on the people, treat them with very great respect. Each town chooses, or may choose, its Magistrates annually, yet they very rarely change them.