Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
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The legislative and judicial methods of the several governments are
of the first importance to the understanding of New England history,
for it was a slow process by which it came to pass that professional
lawyers held any shaping hand in the making or the administering of
laws. The first Superior Court of Massachusetts under the provincial
charter had not a single trained lawyer on the bench, and its assembly
was equipped more with persistency and shrewdness in working out its
struggle with the crown officer who tried to rule them than with legal
acquirements. E. G. Scott, in his _Development of Constitutional
Liberty in the English Colonies_ (N. Y., 1882, pp. 31-58), examines the
forms of the colonial governments and the political relations of the
colonies. No one has better traced their relations to European politics
than Bancroft.
The legislation of the several governments has had special treatment in
Emory Washburn’s _Sketches of the Judicial History of Massachusetts,
1630-1775_ (Boston, 1840); in T. Day’s _Historical Account of the
Judiciary of Connecticut_ (Hartford, 1817); in John M. Shirley’s “Early
Jurisprudence of New Hampshire,” in the New Hampshire Historical
Society’s _Proceedings_, June 13, 1883. Cf. also H. C. Lodge, _Short
Hist. of the English Colonies_, pp. 412-419.
Of the legislation of Massachusetts, Dr. Moore says[370] that it is “a
record which, notwithstanding all its defects, has no parallel in any
other American State.” The first edition of the Province Laws, under
the new charter, was printed in 1699, and it was annually supplemented
by those of the succeeding sessions till 1714, when a second edition
was printed, to which an index was added in 1722, and various later
editions were issued.[371] In 1869 the first volume of a new edition,
of historical importance, was published by the State, with the title
_Acts and Resolves, public and private, of the Province of the
Massachusetts Bay, with historical and explanatory notes, edited by
Ellis Ames and Abner C. Goodell_. Mr. Ames has since died (1884), and
the editing is still going on under Mr. Goodell; five volumes, coming
down to 1780, having been so far published.[372]
=B.= MEN AND MANNERS.—Dr. George E. Ellis, in an address[373] which
he delivered in October, 1884, on the occasion of erecting a tablet to
Samuel Sewall’s memory in the new edifice of the Old South church, in
Boston, of which that last of the puritans had been a member, said:—
Public-domain text, read in full here on John Shaqi.
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