Page:The Green Bag (1889–1914), Volume 23.pdf/451

 Reviews of Books diction, but has value because of the

light thrown on the vicissitudes of the English common law in America. Colonial legal history is a rich ﬁeld, and Pennsylvania, if not wholly typical of the thirteen Crown colonies, was one

of the most important of them. Of particular interest is the treatment of the prolonged efforts to introduce a court of chanoery and equity pleading and practice, and of the curious manner in which common law forms of action were stretched to meet the requirements

of equity jurisprudence. Gradually, by a series of statutes, equitable jurisdiction was conferred upon the state courts,

though Pennsylvania, unlike some of the other states, never established a court of chancery.

The book is full of the quaint and curious, and instead of appealing to a limited circle should attract every one in any way interested in American legal

417

in their legal system: (1) They brought with them, in a general way, English institutions, judicial procedure, legal forms, and to a certain extent personal and property rights. (2) They drew from the Mosaic code and other portions of the Bible certain notions of theo cratic government, moral and religious duties and criminal liability. (3) To

these they added a Colonial element, made up of laws and customs that were in part somewhat archaic and in part far in advance of the times. These three elements, the English, the Jewish and the Colonial, were curiously blended,

producing in effect what was largely a new legal system. Notwithstanding opposition from a minority, which de manded the adoption of English law, the Puritans successfully maintained their position until the government under the ﬁrst charter came to an end."

history.

‘Dr. Hilkey's book covers a more

HISTORY AND BIOGRAPHY

restricted ﬁeld, dealing with the legal

history solely of the period from 1630 to 1686 in Massachusetts, during the

life of the ﬁrst charter of the colony. The ﬁrst part treats of the "law-making powers," under this rather inapt head ing the legislature, the courts, the church, lawyers and law books being considered. The second part deals with the law, with chapters on civil procedure, criminal procedure, criminal law, torts, contracts, property, family and succes

sion. The writer has carefully explored old records and the numerous citations of old cases show how the law was ad ministered in the colony. The matter is clearly presented, but much of it lacks any intrinsic interest. The inﬂuence of the church, however, receives due recognition, and it is interesting to read:— "The colonists united three elements

Historical Essays. By James Ford Rhodes, LL.D., D. Litt. Macmillan Company, New York. 1909. Pp. viii, 323+index 11. ($2.25 net.) Lincoln. Lee, Grant, and Other Biographical Addresses. By Judge Emory Speer. Neale Pub Baking Co.. New York and Washington, 1909. Pp. 269. (82 net.)

EADERS of Mr. James Ford Rhodes’ fascinating essay on Gibbon will

feel the force of what the writer says about the value of the intellectual discipline of the study of history, and will feel it the more acutely because

Mr. Rhodes’ manner of writing is itself such conclusive proof of the indeﬁnable

charm which ripe historical scholarship may impart to pages that would other

wise be dull and heavy. We have long been reviewing legal and scientiﬁc books —— books which deal with broad subjects by no means devoid of so-called human interest, many of them excellent alike

in substance and in form — but writers