Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/396

 382 ///. THE COLONIAL PERIOD the Massachusetts method of inflicting penalties according to the rule of God's word. They conclude by instancing the extraordinary jurisdictions in England, the chancery, the court of requests, the admiralty and ecclesiastical courts, and say that experience shows that Englishmen may live comfortably and securely under some other laws than the common and statutory laws of England. The methods of Massachusetts colonial justice are de- scribed by Letchford in his book, Plaine Dealing. He was a lawyer who had been employed in doing minor editorial work on the Body of Liberties. Owing to the prejudice against lawyers, general in the colonies but especially strong here, he was not permitted to practise his profession, and therefore was perhaps an unreasonably severe critic of the system under which he suffered. As his views are, however, corroborated by the statements of other witnesses, their truth so far as the proceedings of the courts are concerned may perhaps be accepted. He says among other things ^ that the governor in charging the grand jury uses the heads of the ten commandments. That in jury trials matters of law and fact are not distinguished.^ The records of the courts are not kept in due form of law, in most cases the verdict only being entered. Hence the disposition to slight all former laws and precedents, " but go hammer out new upon the pretense that the word of God is sufficient to rule us." He advises his brethren to " despise not learning nor the learned lawyers of either gown." In his narrative to the council ^ Edward Randolph states that " the laws and ordinances of Massachusetts are no longer observed than they stand in their convenience; and in all cases, regarding more the quality and affections of the persons to their government than the nature of their offense." He states that it was regarded as a breach of the privilege of the colony to urge the observation of the laws of England, and notes some of the provisions repugnant to the common law, such as obtaining prescriptive title to »Ibid., p. 27. 'Hutchinson Papers, II, p. 210.
 * Plaine Dealing, Trumbull's edition, p. 26.