Page:The Green Bag (1889–1914), Volume 02.pdf/574

Rh ." " It must be confessed," says Chief-Justice Durfee, in his "Gleanings from the Judicial History of Rhode Island," "that our worthy ancestors in appealing to those master motives were as parsimonious of reward as prodigal of punishment." Either tempted by the reward or influenced by the penalty, the judges seem, after this law went into ef fect, to have been more regular in attend ance upon judicial duties. An account given of the court at this period does not por tray an ideal judicial tribunal. The Earl of Bellomont, in a report to the Lords of Trade in 1699, says . 1

judicial system of the State took place. With the increase of population and of judi cial business consequent thereon, the in habitants of the colony found themselves "put to great trouble and difficulty in prose cuting their affairs in the common course of justice." To remedy this evil the colony was divided into three counties, and a civil and criminal court was established for each

county. The higher court now denomi nated " The Superior Court of Judicature, Court of Assize, and General Goal Deliv ery," became largely a court of appeal or review, except in cap ital cases. From the organiza tion of the government "Their courts of jus underthe royal charter tice are held by the gov until the creation of ernor and assistants, who the judiciary as a sepsit as judges therein, more aratedepartment of the for constituting the court colonial government, than for searching out the eighteen governors right of the causes com /4 presided over the high ing before them, or de er court. Elected for livering their opinion in political reasons, their points of law (whereof I careers are of interest it 's said they know very in the political rather little). They give no than in the judicial his directions to the jury, RICHARD W. GREENE. tory of the State. nor sum up the evidences Theirjudicial decisions to them, pointing unto the issue which they are to try. Their proceed are unreported and forgotten. This lay court ings are very unmethodical, no ways agreeable to does not seem to have inspired the bar with the course and practice of the courts in England, the highest respect for its learning and ability. and many times very arbitrary and contrary to the Lawyers depended rather upon their ready laws of the place." wit and eloquence than upon their legal This account, written by an unfriendly learning to win their causes. An anecdote hand, while' in the main a just criticism on told by Henry Bull of himself illustrates the judicial proceedings at this time, probably preparation for practice that lawyers some exaggerates the unfavorable feature in the times made in the early times, and perhaps also the estimation in which the lay bench was character and conduct of the court. In 1729 a general reorganization of the held by the bar. Bull was a carpenter, but 1 Quoted from Durfee's Gleanings from the Judicial becoming dissatisfied with his trade decided to prepare himself for the bar. He sub History of Rhode Island.